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1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Education Law and Civil Rights for Tennessee on
Q: Can I sue Excelsior? I just want to get back in school.

I was kicked out of school because my writing had high levels of A.I. Yesterday, one of the instructors sent an email warning people that if they use online resumes for the class, it will get flagged as cheating. Even though he is the one who told us this was okay This also happened to me in... View More

James L. Arrasmith
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answered on Nov 24, 2023

If you've been dismissed from school based on accusations of using AI in your writing, and you believe this decision was unjust or inconsistent with the school's policies, you may have grounds to challenge the decision. Firstly, review the school's academic policies, especially those... View More

1 Answer | Asked in Education Law for California on
Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??

My daughter read Life As We Knew It in 6th grade(11 yrs old). It intails a pastor convincing a girl to starve herself so the rest of the congregation will have faith that God is on their side during an end of the world situation. The girl sucums to the practice and dies. She refused to listen to... View More

James L. Arrasmith
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answered on Nov 19, 2023

Under California law, public schools can assign reading material that contains references to Christianity, fasting, and sacrifice practices, as long as the material is part of a curriculum that serves an educational purpose and is not intended to promote or endorse any particular religious belief.... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Can public schools assign reading material that contains Christianity fasting sacrifice practices??

This book has a A pastor telling a girl to starve herself to make his congregation believe God is with them, since they believe its the end of the world..she did the 40 day starvation.

She ended up dying as a result and quiet agonizing, as the book talks about her journey and the pain the... View More

James L. Arrasmith
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answered on Nov 19, 2023

In the United States, public schools have the responsibility to ensure that the curriculum, including assigned reading materials, adheres to the principles of secular education as mandated by the First Amendment. This means that schools must avoid endorsing or promoting any particular religion or... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Wisconsin on
Q: My kid is being told she is gonna get sent to civil court

This girl lost her AirPods in the diving instructor’s car then when my daughter went to drive the instructor asked if she me so and so if she can return the AirPods my kid said idk her he then said return them to the office So she brought them home and next day she went to school with them and... View More

James L. Arrasmith
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answered on Nov 18, 2023

In this situation, it's important to know that your child does not appear to have a legal obligation to pay for the lost AirPods. The fact that she initially tried to return them to the office demonstrates that she didn't intend to steal them. Additionally, the school's police... View More

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Arizona on
Q: Blind and Autistic 7th grader getting bullied, harassed and threatened school isnt doing anything for 3 mo., what to do?

Our daughter started middle school and she is blind and autistic. Fun loving and loves school she has been harassed and bullied from day one being called "blind b****" "you deserve the death penalty" and others for 3 months and now today a physical threat of "im going to... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm really sorry to hear about your daughter's difficult situation at school. It's crucial to address this issue promptly. First, document any incidents of bullying or harassment thoroughly, including dates, times, locations, and individuals involved. Keep copies of all... View More

1 Answer | Asked in Immigration Law and Education Law for Minnesota on
Q: What is the function of an I-20? If the information on my I-20 differs from one on record previously?

Can the US Embassy change information of an international student given his or her I-20 has a different information e.g date of birth, name?

I am a returning student and I am applying for F1 Visa; can I apply with an I-20 that has a different date of birth or name, in the hopes that this... View More

James L. Arrasmith
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answered on Nov 18, 2023

The Form I-20 is a critical document for international students in the U.S. It confirms your acceptance into a study program at a U.S. institution and your eligibility for an F-1 visa. It also outlines your program start and end dates, field of study, and financial information.

If the...
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1 Answer | Asked in Immigration Law, Education Law and Tax Law on
Q: Can I still trade in crypto currency while I study at a university in the states.will it affect my visa.

I earn 11 dollars a day. I would if allowed obviously spend it in the states

James L. Arrasmith
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answered on Nov 18, 2023

As an international student in the United States, engaging in cryptocurrency trading generally won't affect your visa status, provided you comply with all relevant laws and regulations. Your primary concern should be maintaining your full-time student status and adhering to the terms of your... View More

1 Answer | Asked in Education Law, Juvenile Law and Civil Rights for Tennessee on
Q: Tn. How is a random "weapons check" of random students- their pockets and backpacks- legal without warrant or suspicion?

KCS does random weapons checks of students and their personal property, not just lockers and MacBooks which I understand is not student property, at the public schools. The school system has procedure outlined to conduct these, but how is it not violating the students' 4th amendment rights?... View More

James L. Arrasmith
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answered on Nov 17, 2023

The legality of random weapons checks in schools, including searches of pockets and backpacks, is a complex issue that balances student safety with Fourth Amendment rights. The U.S. Supreme Court has ruled that public school students have reduced expectations of privacy while at school, which... View More

1 Answer | Asked in Education Law for Ohio on
Q: A family member has had her 2 children (ages 16 and 10), essentially housebound since the beginning of the pandemic

They both want to be in school in person, but she will not allow it due to unreasonable fears and mental health issues. What are their rights? Can the school district intervene?

Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

It is unlikely that the school district can intervene as long as the parent has properly filed to homeschool the children and is complying with the OAC regulations concerning testing and reporting. Are either child on an IEP? is there evidence either is failing to receive a Free and Appropriate... View More

2 Answers | Asked in Education Law for Nevada on
Q: What of a child is attempting to leave a room and a teacher blocks the door way and uses physical restraint

By putting child in a headlock which the child then punches the teacher to get her to let go of child self

T. Augustus Claus
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answered on Nov 16, 2023

It is never acceptable for a teacher to physically restrain a child, especially by using a headlock. This is considered excessive force and can result in serious injury to the child. In Nevada, there are strict laws in place to protect students from physical abuse by teachers.

If a child is...
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1 Answer | Asked in Juvenile Law and Education Law for California on
Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp

So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel... View More

James L. Arrasmith
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answered on Nov 16, 2023

In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the... View More

1 Answer | Asked in Education Law for Oklahoma on
Q: if a child is at school and throws a rock and it hits a vehicle who is responsible the parent or the school?

a child threw a rock and it accidentally stuck a vehicle during school under school supervision who is responsible for the cost of the damages?

T. Augustus Claus
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answered on Nov 14, 2023

if a child throws a rock and it hits a vehicle while the child is at school and under school supervision, the school district is typically responsible for the cost of the damages. This is because the school district has a duty to supervise its students and to take reasonable steps to prevent them... View More

1 Answer | Asked in Civil Rights and Education Law for Mississippi on
Q: Is it legal for teachers to lead prayer before lunch everyday?

Teachers at our sons public school lead prayer everyday before lunch and maybe more but that’s all I know about at the moment. We are not affiliated with that religion so we do not want our son being unwillfully subjected to this. While we respect the religion we don’t condone him being put in... View More

James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the Constitution's First Amendment, which includes the Establishment Clause, generally prohibits public school teachers, who are government employees, from leading prayers in public schools. The U.S. Supreme Court has consistently held that public schools cannot sponsor... View More

1 Answer | Asked in Criminal Law, Family Law and Education Law for Florida on
Q: How should a parent approach a daycare for neglect?

The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 10, 2023

Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF).... View More

2 Answers | Asked in Education Law and Personal Injury for Florida on
Q: Can I sue a college for not keeping up with residential maintenance.

I live on campus and I’ve had to move dorms 1ce so far thinking about doing it again. The first dorm I was in I had ac blasting in my face at night around 60° and heat during the day which would go up to 75° that I could not control. It would disrupt my sleep schedule and led me to get sick.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2023

To determine your rights and remedies, your contract/lease with the college must be reviewed. Start by reviewing it yourself and see if there is any verbiage regarding maintenance/repair issues, as well as any verbiage on any steps you must take in the event of any dispute or complaint. Then... View More

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1 Answer | Asked in Education Law for California on
Q: My child is in TK and is scared to go to school because another classmate has scratched and hit her. What can I do?

This other student has hit his teacher and slapped a parent volunteer along with hitting other students too.

James L. Arrasmith
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answered on Nov 9, 2023

I'm sorry to hear your child is having a difficult experience in TK due to the behavior of a classmate. Here are some steps you can take:

- Document everything. Keep detailed records of when incidents occurred, who was present, and any injuries. Photos of scratches or bruises can help....
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1 Answer | Asked in Business Law and Education Law for Tennessee on
Q: We are a jr high and high school Fishing team for 2 counties in TN. Do we qualify for Exempt School Org?

We want to start a 501C3 nonprofit for the funding.

James L. Arrasmith
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answered on Nov 9, 2023

To determine whether your fishing team for junior high and high school students qualifies for an Exempt School Organization status, you will need to review the requirements set forth by the IRS for educational organizations. This typically involves the organization being associated with an... View More

2 Answers | Asked in Education Law, Personal Injury and Juvenile Law for South Carolina on
Q: My son was jumped by 6 students and the school has done nothing. I want to sue for failure to provide a safe environment

The school has know about the situation for three weeks but have done nothing. They don’t believe my child was jumped but has also failed to provide the surveillance footage of the attack. They told me one child came forward and said he hit my child too hard. The school expects my child to... View More

James L. Arrasmith
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answered on Nov 9, 2023

As a parent, it's distressing to hear that your child's safety is at risk. If the school is not addressing your concerns adequately, you might consider taking legal action. Schools have a duty to provide a safe environment for students.

You can request the surveillance footage...
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1 Answer | Asked in Education Law for Washington on
Q: Can a Jr. High school search a minor due to her passing out in school in Wa state after parent informed school of reason

Teenager felt sick at school so they decided to search her. Another day she passed out. School decided to search her again and both times they asked if she was doing drugs. They had already been informed that she hasn't been eating like she should due to others saying she was fat. She only... View More

James L. Arrasmith
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answered on Nov 9, 2023

In Washington state, public schools have the authority to search students if there are reasonable grounds for suspecting that the search will yield evidence that the student has violated or is violating either the law or the rules of the school. However, the scope of the search must be reasonably... View More

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