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Education Law Questions & Answers
1 Answer | Asked in Contracts, Civil Rights, Education Law and Small Claims for Ohio on
Q: Can my private university mandate me to get vaccinated after I’ve been accepted, paid money, and told me that I don’t?

They told us we did NOT have to get vaccinated then an hour later told us that we DO need to get vaccinated against COVID-19. I was accepted for a month and a half with a down payment before I was informed that I needed to get the COVID vaccine, so now it’s crunch time and I either get the shot... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 26, 2021

I have not personally looked up the resources, but it is my understanding that the vaccine has not received final approval from the FDA.

The emergency use of an unapproved medicine is covered by 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies. A...
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1 Answer | Asked in Tax Law and Education Law for New York on
Q: NYS. Does the school district have the right to look at tax returns of students guardians?

Natural parent moving out of district. Signing over guardianship to the person still living in district. District is asking who will claim child on this years tax return. Does the district have the right to view either parent or guardians tax returns?

Michael David Siegel
Michael David Siegel answered on Jul 20, 2021

Absolutely. That is how they prevent the fraud of a non-resident student trying to get a better school.

1 Answer | Asked in Education Law and Personal Injury for Georgia on
Q: If my husband fell at a high school and had to have surgery, is the school liable?
Cory D. Raines
Cory D. Raines answered on Jul 16, 2021

Because of sovereign immunity, it is difficult to sue state departments and agencies, including high schools in Georgia for injuries sustained while on their property. The Constitution of the State of Georgia provides that “sovereign immunity extends to the state and all of its departments and... Read more »

1 Answer | Asked in Education Law and Personal Injury on
Q: My son broke his arm on a bouncy thing his school rented for the day when it toppled over. Do we have a claim?

My son's school rented inflatable bouncy equipment for the kids to jump on. One of them included a slide and an area to climb up to reach the top of the slide. While my son was on the top of it about to slide down, the entire thing, which was more than one story high, tipped over onto its... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 4, 2021

I'm sorry this happened, but am happy to hear that your son's arm is healing well. Yes, you could have a case. As a starting point, you could reach out to injury attorneys in the state where this took place (a state is not mentioned in the description) to discuss the accident in further... Read more »

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Can a school district in California require students with disabilities to wear a face mask to attend school?

Can a school district require students with disabilities to wear a face mask to attend school? Even with a doctors note stating they can not wear a mask due to their health/disability? What about for bus transportation? Can the school tell the student they can not ride the school bus if they... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 29, 2021

This is a complex issue. There are a number of variables which haven't been addressed, such as the age of the student; whether the student can be or has been vaccinated against Covid19; and what exactly is the nature of the student's disability. Without knowing what these variables are,... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: The Maryland CCU grabbed my 2020 tax refund for tuition I owed in 2003 from community college. Can they do that? JO
Mark Oakley
Mark Oakley answered on Jun 24, 2021

Yes. Maryland can seize tax refunds for debts owed to the state. The CVU is the collection department of the state.

1 Answer | Asked in Criminal Law and Education Law for New Jersey on
Q: I'm looking for help with my daughter's virtual high school attendance...

She was given a school-issued Chromebook in September, when she started high school. Due to the pandemic, I kept all 3 of my kids virtual. Her particular Chromebook would not stay connected to my home wifi and she would use her personal laptop to log into school. On the days she used her laptop,... Read more »

Amber Forrester
Amber Forrester answered on Jun 21, 2021

You didn’t specify, but if you’ve got a court date, I assume you (and your daughter) are facing a truancy charge. That can be treated as a disorderly persons offense (NJ’s term for misdemeanor), and while the fine is low, it’s still not something you’d want to have on your background,... Read more »

1 Answer | Asked in Education Law for Florida on
Q: My parents donated a stain glass window in memory of their son to a private high school where he graduated from.

It was to be placed in the school's chapel which it was. The school built a new chapel and the stain glass window remained in the old chapel which is now used for a study hall. Can my family ask for the window since it no longer is where it was specified to be placed.

Thank you - Bob M

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

Your family can, of course, ask, but unless the donation was conditional you couldn't enforce your request.

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

I'm very sorry this happened to you. If you're seeking an attorney, it might be more productive to use the Find-a-Lawyer feature above. The Q & A format here is unlike an attorney referral service, where an attorney would come forth to offer services. The format here is instead geared... Read more »

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1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2021

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... Read more »

1 Answer | Asked in Education Law and Family Law for Florida on
Q: Can I move out at 18 to do I need to graduate High School first?

My name is and I have a couple questions regarding my current and future living situation. I will be 18 soon but will still be a senior in high school, can I leave my parents house when I turn 18, or would I have to wait until I graduate to move out. My parents are both mentally and physically... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

When you turn 18 you will be an adult, and therefore able to move out whether or not you are still in school.

1 Answer | Asked in Consumer Law and Education Law for Florida on
Q: was the exam for MFT in NJ for 1988 considered a national or state exam

i am applying for fl license as a MFT and they are not sure if the exam was a state or national exam. Please help!!!!

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

I have no idea what MFT means. If you took it in New Jersey, I would guess you should ask you question in Justia > Ask a Lawyer > New Jersey. If you mean "Marriage and Family Therapist"(https://en.wikipedia.org/wiki/Family_therapy#Licensing_and_degrees), it would be a state exam.

1 Answer | Asked in Education Law for California on
Q: Are there ever exceptions to EDC 49066? does a teacher always have to be present in all discussion relating to the grade

A teacher has displayed incompetence as well as a multitude of inappropriate attitudes such as intimidation. Does this teacher have to be included in all discussions relating to the changing of the grade? Are there scenarios where this doesn't apply? Can the teacher be included in the... Read more »

David German
David German answered on May 29, 2021

Although a teacher must be given an opportunity to offer comment and evidence in support of their grade, the actual grade appeal process often proceeds completely through written submissions. It isn't necessarily the case that you will have to present your side of the story in a face-to-face... Read more »

1 Answer | Asked in Education Law for New York on
Q: An allegation of Academic Integrity made against me. What should I do?

I'm a student at a CUNY college and during this Spring semester I took 5 classes and most, if not all, had math-related topics. I was able to manage keeping a good grades for all but one class, Linear Algebra. I had a decent grade on my first exam, I studied for the second midterm, which was... Read more »

Michael David Siegel
Michael David Siegel answered on May 28, 2021

This is a serious matter. Having admitted to cheating, you have few options. You must not admit to anything again, and find a way out of this that does lead to expulsion.

1 Answer | Asked in Education Law, Health Care Law and Juvenile Law for Oklahoma on
Q: How much trouble can a 17 year old girl get from runaway from home in Oklahoma

Let say a 17 year old girl runaway from home cause her home is toxic and she can’t handle everyone around making her feel like the bad guy and that the girl has mental health issues that are being neglected or ignored

Pete David Louden
Pete David Louden answered on May 27, 2021

I see that many teenagers describe their home as toxic, not enough freedom, controlling parents, or any one of a long list of other grievances. So, that part is not uncommon.

However, if there legitimately is abuse and/or neglect and this is not just a disgruntled teenager, this should be...
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2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2021

It is difficult to answer the question without seeing any agreements the parties signed as part of their divorce and the judgment of divorce. However all things being equal, if the matter was brought before a court, there is a good chance that the court would allow the child to go to school in... Read more »

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1 Answer | Asked in Domestic Violence, Criminal Law and Education Law for Arkansas on
Q: Why was I sited for violating a no contact order when I was welcomed back into the supposed victims household?

I stayed with the supposed victim for an extended period of time before openly admitting to law enforcement over phone contact of my welcomed return which was also my home,as I was the son and primary care provider to my mother in said household. Also, my mother is in irreversible dimentia. My... Read more »

Taylor Douglas Martin
Taylor Douglas Martin answered on May 20, 2021

Regardless if the contact is welcomed or not, a no contact order is a court order forbidding one to contact a certain person. Typically, a Judge views contact as contact regardless of the circumstances. However, a capable defense attorney should be able to bring the circumstances to the attention... Read more »

1 Answer | Asked in Civil Litigation and Education Law for Ohio on
Q: Ohio code 2967.01 definition of a convict in the law itself on the Ohio legislative website at the end of the paragraph

And then states that unless they have been pardoned done there sentence or served there time out? Could you please read that paragraph

Andrew Popp
Andrew Popp answered on May 19, 2021

The statute is pretty clear. I'm not sure what your asking. I suggest rephrasing to address the ultimate issue you are trying to figure out. Restoration of rights? Firearm issues? Voting? etc.

1 Answer | Asked in Civil Litigation, Criminal Law, Education Law and Constitutional Law for Ohio on
Q: Could you give me a definition on the Ohio law revised code 2967.01 3/22/19 the definition of convict paragraph?

It's in the definition says unless the convict has served the president's sentence or prison terms or is pardoned or completed the community sanction program? So if I'm understanding that correctly the unless means that once you are finished so all privileges should be restored... Read more »

Matthew Williams
Matthew Williams answered on May 19, 2021

The definition of convict in R.C. 2967 is any person convicted of an Ohio felony whether or not they went to prison but not including people who were pardoned or have finished serving their sentence. In other words, convict means any person either in prison for a felony, in jail for a felony, or... Read more »

1 Answer | Asked in Contracts and Education Law for Florida on
Q: Can a college deny a student from completing schooling until the tuition fee is paid in full?

I’ve submitted an email requesting a leave of absence and attempted to get a deferral from the lender which they declined. Now I would like to re-enroll and they are denying me a chance to finish the program until I pay I pay off the current balance, the lender also increased the amount that I... Read more »

Linda Liang
Linda Liang answered on May 13, 2021

Whether it is ethical or it is breach of contract, you must revisit the agreement you signed with the school when you first enrolled. You should bring a copy of the agreement and consult an experienced contract attorney.

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