Education Law Questions & Answers by State
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Education Law Questions & Answers
Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Education Law
for
Ohio
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?
1 Answer
| Asked
in
Civil Rights, Education Law and Gov & Administrative Law
for
Tennessee
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Gary Kollin's answer
You can file a document called a Declaration of Domicile. Check with the county clerk's office
You can file a document called a Declaration of Domicile. Check with the county clerk's office
Q: My tuition remission was revoked when my dad was suddenly laid off. Without it, I will drop out of school. What can I do
1 Answer
| Asked
in
Education Law, Contracts, Employment Law and Employment Discrimination
for
Massachusetts
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...
Q: Are adult convicted felons allowed onto school property in the state of Tennessee?
Anthony Marvin Avery's answer
Usually they have a right to go there unless they are Registered Sex Offenders.
Usually they have a right to go there unless they are Registered Sex Offenders.
Q: What is the statue of limitations in cases that involve special education?
Lori E. Arons' answer
The Statute of Limitations in special education matters is two years from when the parents "knew or should have known" about the violation(s), and the remedy is not limited to the two year period preceding the filing, rather the entire period of the violation may be remedied so long as a petition was timely filed.
The Statute of Limitations in special education matters is two years from when the parents "knew or should have known" about the violation(s), and the remedy is not limited to the two year period preceding the filing, rather the entire period of the violation may be remedied so long as a petition was timely filed.
Q: Based on the information below, is this discrimination or a violation of the Americans with Disabilities Act?
1 Answer
| Asked
in
Civil Rights, Business Law and Education Law
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the accommodation take away any time for you to study for the CSET? I don't see anything problematic here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the accommodation take away any time for you to study for the CSET? I don't see anything problematic here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?
1 Answer
| Asked
in
Employment Law, Civil Rights, Education Law and Gov & Administrative Law
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...
Q: Parents brought me here illegally very young. I just want to know my options.
Kelli Y Allen's answer
Unfortunately, you are in the situation of a large number of young people who need a change in the immigration laws. The Deferred Action for Childhood Arrivals (DACA) program) applies to your situation, but because of the President's executive order, no new DACA applications are being accepted. This is currently being reviewed by the courts, so there is the possibility that DACA applications will resume. If you hear in the news that has happened, contact an immigration lawyer immediately....
Unfortunately, you are in the situation of a large number of young people who need a change in the immigration laws. The Deferred Action for Childhood Arrivals (DACA) program) applies to your situation, but because of the President's executive order, no new DACA applications are being accepted. This is currently being reviewed by the courts, so there is the possibility that DACA applications will resume. If you hear in the news that has happened, contact an immigration lawyer immediately....
Q: Are school officials allowed to communicate with parents of students who are 18+ about behavior or grades?
Ali Shahrestani, Esq.'s answer
Great question. Private schools might operate via contracts and consent forms. Public schools operate under statutory law, and in NY the age of majority is 18. Thus technically, absent a consent waiver to communicate with others, public school administration and faculty should be communicating only with the adult student about school records. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as...
Great question. Private schools might operate via contracts and consent forms. Public schools operate under statutory law, and in NY the age of majority is 18. Thus technically, absent a consent waiver to communicate with others, public school administration and faculty should be communicating only with the adult student about school records. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as...
Q: concerning a notice of claim against ny school district when does the 90 days run out if the injury occurred on 10/6/18
Peter Munsing's answer
90 days from then. There may be exceptions--if you are over the time limit but they were aware of it you may have an out. Contact a member of the NYState Trial Lawyers Assn in your county immediately--as in today! They give free consults.
90 days from then. There may be exceptions--if you are over the time limit but they were aware of it you may have an out. Contact a member of the NYState Trial Lawyers Assn in your county immediately--as in today! They give free consults.
Q: My public school is having a school sponsored dance but they are only allowing females to attend. Is this legal?
1 Answer
| Asked
in
Civil Litigation, Education Law and Civil Rights
for
Michigan
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Brent T. Geers' answer
Unless they are prohibiting the organization and sponsorship of a similar male-only dance, I'm not sure there is a violation here.
Unless they are prohibiting the organization and sponsorship of a similar male-only dance, I'm not sure there is a violation here.
Q: Do I need to report minor misdemeanors dismisses via court plea and petition for dismissal to CTC in COC application?
1 Answer
| Asked
in
Education Law, Employment Discrimination and Probate
for
California
on
Answered on Jan 7, 2019
Answered on Jan 7, 2019
Q: A teacher at a school yelled in my daughter face and my daughter pushed the teacher now they are pressing charges what..
David Edward Boyle's answer
Your daughter's case for battery will be in juvenile court where she likely only faces probation even if she is convicted. A more pressing outcome is that she will likely be suspended from school for 10 days and then expelled under the school's zero tolerance program. I would strongly encourage you to hire a lawyer to represent her.
Your daughter's case for battery will be in juvenile court where she likely only faces probation even if she is convicted. A more pressing outcome is that she will likely be suspended from school for 10 days and then expelled under the school's zero tolerance program. I would strongly encourage you to hire a lawyer to represent her.
Q: is it possible for say a judge to force someone who is 17 years old to go to school
Ali Shahrestani, Esq.'s answer
See: https://www.schools.nyc.gov/school-life/rules-for-students/attendance
Also see: http://www.p12.nysed.gov/sss/pps/educationalneglect/
"Per Part One of Article 65 of the New York State Education Law, Section 3205(1)(c), the following age requirements apply:
A child must attend full time instruction from the first day school is in session in September if he/she turns six years old on or before the first day of December of that school year. Please note: The school year...
See: https://www.schools.nyc.gov/school-life/rules-for-students/attendance
Also see: http://www.p12.nysed.gov/sss/pps/educationalneglect/
"Per Part One of Article 65 of the New York State Education Law, Section 3205(1)(c), the following age requirements apply:
A child must attend full time instruction from the first day school is in session in September if he/she turns six years old on or before the first day of December of that school year. Please note: The school year...
Q: student loan forgiveness
1 Answer
| Asked
in
Consumer Law, Collections and Education Law
for
New York
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Q: I'm an unwed preschool teacher who's pregnant. The parents are unhappy & are pressuring me to resign. Can they do this?
Ali Shahrestani, Esq.'s answer
The key is what the school administration is doing about this. There are legal protections that may apply if you're fired because you're pregnant. See: https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
The key is what the school administration is doing about this. There are legal protections that may apply if you're fired because you're pregnant. See: https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Q: Can full time teachers open their own companies while teaching in public schools?
Ali Shahrestani, Esq.'s answer
I see no problem with that at all, as teachers are certainly permitted to have 2nd jobs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts,...
I see no problem with that at all, as teachers are certainly permitted to have 2nd jobs. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts,...
Q: Can public schools make transgender students use private bathrooms only?
Ali Shahrestani, Esq.'s answer
See: https://www.aclu-wa.org/docs/rights-transgender-people-washington-state
See: https://kctransguide.org/your-rights-in-washington-state/
That sounds like a possible violation of WA State law re: allowing transgender people to use public restrooms. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,...
See: https://www.aclu-wa.org/docs/rights-transgender-people-washington-state
See: https://kctransguide.org/your-rights-in-washington-state/
That sounds like a possible violation of WA State law re: allowing transgender people to use public restrooms. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,...
Q: can i sue a school for mis handeling my federal student funds
Ali Shahrestani, Esq.'s answer
It depends on what you mean by mishandled. If they violated laws re: the disbursements, that's one thing. If they are refusing to release to you your funds for valid reasons such as non-enrollment, that's a different story. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my...
It depends on what you mean by mishandled. If they violated laws re: the disbursements, that's one thing. If they are refusing to release to you your funds for valid reasons such as non-enrollment, that's a different story. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my...
Q: broke her arm while at school on the play ground
Donald Arthur Hilland's answer
I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no compassion, nor concern about the children, nor do they care about the parents' loss. So don't expect the school to claim responsibility. California schools are involved in many lawsuits and they fight...
I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no compassion, nor concern about the children, nor do they care about the parents' loss. So don't expect the school to claim responsibility. California schools are involved in many lawsuits and they fight...
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