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Education Law Questions & Answers

1 Answer | Asked in Civil Rights, Education Law and Sexual Harassment for California on

Q: My school professor discriminated against me but the dean in charge of the investigation closed the case. What can I do?

During the semester, the professor denied multiple verified disability related academic accommodations.

Louis George Fazzi answered on Jul 15, 2019

First of all, provide sufficient details to permit a reasoned analysis of your situation. Conclusory statements are unhelpful. Facts and details are most important, but nothing is more important than a chronological statement of who did what, to whom, when, where and how.

1 Answer | Asked in Civil Rights and Education Law for Georgia on

Q: Are you required to answer a teachers' question or could you refuse? Also, would they be allowed to punish for refusal?

Timur Akpinar answered on Jul 14, 2019

It could depend on the nature of the question. If the question is related to the class subject material, it is advisable to answer to the best of one's abilities.

Tim Akpinar

1 Answer | Asked in Collections and Education Law on

Q: Am I liable for university tuition if I accepted a full scholarship but was forced to withdraw for medical reasons?

I earned and accepted a full scholarship for a graduate program. I sought this scholarship because as a new undergrad, I did not have the money to pay for tuition, fees, and books. Unfortunately, I had to withdraw due to medical illness. The university rescinded the scholarship and is now... Read more »

Bruce Alexander Minnick answered on Jul 1, 2019

It is very doubtful that any reputable university in America would try to sue to recover tuition that would have been paid by the university to itself had you been able to stay in school. Most reputable universities will allow students to withdraw without financial penalty for many good reasons,... Read more »

1 Answer | Asked in Employment Law and Education Law for California on

Q: I am a PE teacher for 3 schools, can I sue the district for making me switch schools during maternity leave?

I was told that I would have a guaranteed spot back at the schools I taught at after my maternity leave was over. According to the district, due to "declining enrollment" they had to move some teachers around to teach at different schools for the following school year. They are giving me entirely... Read more »

Kevin Christopher Murphy answered on Jun 6, 2019

No, you do not have a viable claim. They have accommodated your maternity leave and have alternative employment available for you to work when you return. Why would you want to sue the school district, and what damages would you claim? Emotional Distress for providing suitable alternative... Read more »

1 Answer | Asked in Education Law for Michigan on

Q: Can I be sued for talking about an incident that happened at my kids school?

Hi there. There was a sexual incident involving 2 boys at my child’s school. It is a safety concern for me and other parents as well. Other parents, including myself, have been talking about this and sharing information with parents who were not aware because the school is trying to hide it. I am... Read more »

Brent T. Geers answered on Jun 5, 2019

Tread lightly here. A lot depends on who is threatening you with a lawsuit. When you are dealing with minors in a school setting, it's going to be tough for you to prove what you are saying or discussing is factual truth unless you are a party to the action.

Ordinarily, most anyone has a...
Read more »

1 Answer | Asked in Education Law for New York on

Q: what Can I do if my son’s IEP was altered without authorization to cover up procedure violations?

The document was missing goals, and the district removed two agreed goals, resulting in inappropriate/ no reporting. Now are removing services with no progress reports to support. When realized error, they altered the document to cover up one goal was missing at reporting time.

Michael David Siegel answered on Jun 4, 2019

Request an emergency CSE in writing to address these issues.

2 Answers | Asked in Contracts, Business Law and Education Law for Florida on

Q: Greeting, How can I get a service from a lawyer for free of charge? Thank you very much.

Bruce Alexander Minnick answered on May 31, 2019

Why on earth do you "want a service" from a lawyer? What do you have in mind?

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1 Answer | Asked in Education Law for Michigan on

Q: is it legal to suspend a student for something they did after school on school property?

Brent T. Geers answered on May 25, 2019

Yes. Particularly because it occurred on school property.

1 Answer | Asked in Civil Rights, Domestic Violence, Education Law and Sexual Harassment for California on

Q: how to get justice

Someone grabbed a students ( 8 yrs) sweater put it against their chest, with a disgusted look and rudely said excuse me with no consent

Dale S. Gribow answered on May 23, 2019

more info needed.

it does not sound illegal.

what is the basis of your objection?

if you felt something was wrong then report it to the teacher, counselor or principle

2 Answers | Asked in Criminal Law, Traffic Tickets, Education Law and Juvenile Law for Texas on

Q: What do I need to do?

I keep calling the number on the back of my citation/ticket and they keep telling me my information is not in the system..

Kiele Linroth Pace answered on May 21, 2019

That happens sometimes. Consider putting a recurring event on your calendar that reminds you to call them every Wednesday at 10am. If you are bad at using your calendar perhaps set an alarm on your smart phone for that purpose.

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1 Answer | Asked in Family Law and Education Law for New York on

Q: I have an ACD for my daughter missing too many days in school due to metal health issues. They keep violating me.

She is almost 16. (5 months) and now wants to drop out due to the legal pressure and due to her mental health. Can they still keep this case on me if she does? They gave me educational neglect! This is all mental health related so why is it a crime against us? Also, They did not give her an IEP. I... Read more »

Michael David Siegel answered on May 9, 2019

Why is it a crime? Because that is how the system works. If she has an IEP, you need to call an emergency CSE and get placement so there is no neglect. If she has no IEP, you must demand an immediate educational evaluation. Then, do whatever they say to save yourself. On dropping out, it is... Read more »

1 Answer | Asked in Civil Rights and Education Law for California on

Q: Can I use a recorded conversation as evidence against a school and school district?

I recently had a meeting with the principal and superintendent of my sons school regarding targeted, segregated, bullied, harassed, stalked, discriminated against and illegally searches my son has received several times by a female staff member. I brought a witness to this meeting who wanted to... Read more »

Louis George Fazzi answered on May 4, 2019

You should immediately see a lawyer competent to handle school district and issues like yours, and place the recordings (or copies thereof) into the hands of the attorney for safekeeping until she can determine what to do with them. But do not relinquish control over the originals in your... Read more »

1 Answer | Asked in Education Law and Tax Law for Virginia on

Q: Can you go after The Department of Education for wrongfully taking full tax refund

My student loans were in default but through the department of education I was placed into a rehabilitation program. I made every single payment each month, I never missed a single one. I am out of default and made all required payments to the program. My tax refund was taken in full by the... Read more »

Bruce Alexander Minnick answered on Apr 30, 2019

The Department of Education did not violate any laws by taking your IRS refund check as partial payment on your federally insured student loan. Regardless of whether or not your rehab program is up-to-date, the fact remains that you are still in arrears on the student loan debt. Additionally, since... Read more »

2 Answers | Asked in Tax Law, Civil Rights, Constitutional Law and Education Law on

Q: The concurring part of Justice Lewis F. Powell in BobJonesUniversity vs US. Why he wrote a separated concurring opinion?

Bruce Alexander Minnick answered on Apr 30, 2019

Because he wanted to assert something he felt important into the record.

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3 Answers | Asked in Education Law for Ohio on

Q: how is it legal for a school district to discriminate students who live within 2 miles of the school and NOT be require.

Ohio revised code 3327.01. we all pay same tax

Matthew Williams answered on Apr 25, 2019

Because the community has decided to spend its money on busing for kids that can’t walk to school. The state of Ohio requires all community to offer this minimal bus service. Your local community could offer more. But all governments have to prioritize how they spend they’re money.

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1 Answer | Asked in Contracts, Civil Rights and Education Law for Tennessee on

Q: Do I have to pay a school if I still do not have a contract after I have been asking for one?

Can I take a loss on this school that I am the only student that does not have a contract. I have finished my required hours for this trade. I started last year in May every time I ask for a contract I am referred as to "wait" or the instructor and owner says"I got you". Recently, I asked the... Read more »

Bruce Alexander Minnick answered on Apr 25, 2019

Stop, look and listen--carefully: If you received the training you went to the school for then you MUST pay for it. Using the excuse of not having a contract will NOT work. Nor will the lame excuse do any good when the school sues you.

Stop calling them about the contract. You are now...
Read more »

1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on

Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Timur Akpinar answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing, negotiable... Read more »

1 Answer | Asked in Education Law for Tennessee on

Q: What type of lawyer would I need to help protect me from educational neglect charges with a truant teenager?

My son is 17 and has been involved with juvenile court for almost a year due to his truancy. It is not getting any better and I feel as if I have exhausted all of my options and I am worried I will be charged with educational neglect. I have done everything asked of me by the court, but I can not... Read more »

Anthony M. Avery answered on Apr 23, 2019

Any fairly competent attorney can represent you in Juvenile Court. It is not difficult. But you really do not need a lawyer until you are cited. You might hire someone for a small fee for consultation and more if there is a charge.

1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Litigation for Maryland on

Q: Can I file charges against the school for not protecting my son?

5 documented cases of events like spitting in my sons lunch, hitting him with a chair, slamming a door in his face and punching him in the face. all documented cases show the same child instigated an unprovoked attack on my son. at no time did my son provoke or even respond.

Ashley VanCleef answered on Apr 18, 2019

Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here... Read more »

1 Answer | Asked in Education Law and Traffic Tickets for Maryland on

Q: I got pulled over for not stopping for a school bus — how do I request to not have this show on my driving record???

I was well past the bus before their hazards went on, still got pulled over

Mark Oakley answered on Apr 18, 2019

You request a trial by filling in and mailing the request form portion of the ticket located on the lower right side of the sheet. Check the “trial” box, not the “waiver hearing.” If the officer does not show, you’ll be found not guilty. If they show, you plead not guilty and tell your... Read more »

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