Education Law Questions & Answers

Q: If a minor borrows a skateboard or bike from a minor during a break in school activities, who's liable for its use?

2 Answers | Asked in Personal Injury and Education Law for California on
Answered on Apr 27, 2017

Depends on what happened. We need more facts.
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Q: Can my ex girlfriend move out of the house when she's 19 and graduating in 20 days

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Ohio on
Answered on Apr 27, 2017

Yes, of course she can.
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Q: Does a 14 year old has the right to say where and who she wants to live with even if the person is a cousin

1 Answer | Asked in Family Law, Adoption, Child Custody and Education Law for Florida on
Answered on Apr 26, 2017

No, a 14 year old does not have the right to choose where he or she wants to live. If there are this many issues at home, I suggest filing a report with DCF and and trying to get guardianship.
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Q: Will a petty theft conviction I received when I was 18 disqualify me from the electrical engineering field?

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Texas on
Answered on Apr 20, 2017

This question should be answered by an attorney that focuses on Professional Licensing matters and/or Administrative Law.
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Q: Can a university legally intimidate students to admit guilt and forgo their due process in AI violation cases?

1 Answer | Asked in Education Law and Constitutional Law for California on
Answered on Apr 19, 2017

I strongly recommend you speak with an attorney about the matter before any further interactions with the school. You have a right to defend yourself - don't let them strip you of that right.

See: http://www.aeesq.com/education-lawyer/education-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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Q: I won my Admin. Law Hearing but the state Agency did not adopted the "proposed decision by the ALJ. Whatare my options

1 Answer | Asked in Appeals / Appellate Law, Education Law and Gov & Administrative Law for California on
Answered on Apr 19, 2017

The paperwork you should have received regarding the agency's decision should describe your rights in the event you disagree with their decision. Typically this includes the right to file a petition for a writ of mandate in the superior court. Make sure you note the last date on which you can file your petition or other appeal as described in the notice provided you. There is usually a very strict timeline within which you must act or forever lose your right for further review.
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Q: Im 18, in highschool, working on getting disability for my migraines and blackouts, my parents want me out in 2 week

1 Answer | Asked in Family Law, Civil Rights, Education Law and Juvenile Law for Ohio on
Answered on Apr 17, 2017

Your parents would have to go through a proper eviction process to get you out. They would have to give you notice, and then file an eviction action in court. If they don't do that, they could be liable to you for improper eviction. But if they do follow the proper eviction process, they could have you out in a few weeks. Contact your local legal aid. Do you have anywhere to go? Contact local children's services office to determine if other assistance is available to you. Do you and your...
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Q: Can the school force us to stand during the pledge of allegiance?

1 Answer | Asked in Education Law and Constitutional Law for Indiana on
Answered on Apr 16, 2017

The Vice Principal should discuss his policy with the school attorney. If you do get "written up", consult an attorney. While it seems futile to protest the election after the fact, that does not deprive you of the right to peacefully express yourself politically.
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Q: What can be done about my son feeling intimidated and anxious by a teacher that violated another students rights?

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Indiana on
Answered on Apr 16, 2017

If you have complaints about a public school teacher, take it up with the school board.
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Q: oklahoma,guardianship of granson, turning 18, has two years of school left, what r my legally responsabilities. ?

2 Answers | Asked in Child Custody, Child Support, Education Law and Family Law for Oklahoma on
Answered on Apr 15, 2017

Your grandson is now an adult under Oklahoma law, and your legal obligations have ended. All that remain are what you believe are your moral obligations to assist your grandson.
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Q: If my daughter who is 13 has a 504 plan in place for a mild hearing loss which requires a auditory trainer who provides

1 Answer | Asked in Education Law for New York on
Answered on Apr 14, 2017

I believe that is true. Why would the public school still be responsible? From my understanding if you pay tuition for her to go to private school you must also pay for the auditory trainer
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Q: I recently had to withdraw from school due to not being able to pay for it.

1 Answer | Asked in Education Law, Collections and Consumer Law for Indiana on
Answered on Apr 14, 2017

No, you are the hook for your student loans even if you did not complete your degree. You aren't paying the school at this point you are paying the loan provider. The school already got their money. If payment is an issue you can work with your student loan provider to get onto an income based repayment plan.
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Q: Am I eligible for Readmission to my University after serving in the Army 1y?

1 Answer | Asked in Employment Law, Education Law and Military Law for California on
Answered on Apr 14, 2017

Review the school readmission rules with a lawyer, as you may have failed out of the school with that GPA.

See: http://www.aeesq.com/education-lawyer/education-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
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Q: What is the California law for contesting results of my son's school's evaluation for a learning disability

1 Answer | Asked in Education Law and Public Benefits for California on
Answered on Apr 14, 2017

You can hire your own psychologist to do the evaluation and submit it to the school to object to their decisions. See: http://www.aeesq.com/education-lawyer/education-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
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Q: I am a teacher and was suspended for a facebook post that was unrelated to school.

1 Answer | Asked in Education Law, Employment Law and Libel & Slander for Louisiana on
Answered on Apr 10, 2017

This question depends on many factors, including whether you are a member of a union and what the school board policies are in your parish (I am assuming you are a public school teacher). You should contact a local employment lawyer quickly to act to preserve your job.
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Q: Can I drop out at 16 still with out a job

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Ohio on
Answered on Apr 10, 2017

If you do, you can end up in juvenile detention. Why would you drop out of school? Everyone needs a proper education to be able to earn a decent living and be productive. Without a job, how/where would you live? Will you have health insurance? What if you get sick or hurt? Talk to your school counselor, a family member, or other trusted adult to get some advice about your situation.
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Q: Moving without telling school?

1 Answer | Asked in Education Law for Colorado on
Answered on Apr 8, 2017

Absent a court mandated reporting, you are generally not required to notify the school. However, it may be advisable since you will likely want to transfer your records to a new school. Truancy laws do not normally apply to adults (18 and over) unless a rare exception applies, so there should be no legal ramifications for leaving school in Colorado (and transferring and/or deciding to take the GED).
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Q: What are the laws in New York about providing public school special services for kids with autism.

1 Answer | Asked in Education Law for New York on
Answered on Apr 8, 2017

The ADA should apply here, as well as NY Education codes re: accommodations for special needs students in public schools. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Do the parents of the minor have to be present when the minor makes a verbal /written statement to school & local police

1 Answer | Asked in Constitutional Law, Criminal Law, Education Law and Juvenile Law for Arkansas on
Answered on Apr 6, 2017

Parents need not be present while school officials are asking questions of a student in most cases. However, if the questioning was by the police or your child was in police custody, constitutional protections may be triggered. You may want to consult a local criminal lawyer about the specific details of your case.
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Q: I got a ticket for possession of alcohol on school grounds but I only had a bottle that smelled like beer

1 Answer | Asked in Education Law, Criminal Law and Juvenile Law for Georgia on
Answered on Apr 6, 2017

While you were at a school, this is more of a criminal law question and are likely being charged under your state's criminal code. Once your case goes to court, you can present whatever evidence you have during a trial. It may be helpful to contact a local criminal lawyer about your individual facts.
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