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Education Law Questions & Answers
1 Answer | Asked in Education Law for Indiana on
Q: For children whose parents don't want them to return to the classroom this fall, the school is offering online learning.

However, those who choose this option are denied access to extracurricular activities. Is there a legal remedy for this?

Joel D. Hand
Joel D. Hand answered on Jul 1, 2020

The short answer is, probably not. Extra curricular activities are not considered to be a part of a student's right to a public K-12 education. It is my understanding that the Indiana High School Athletic Association (IHSAA) changed its guidance this last Friday to allow for a case-by-case... Read more »

1 Answer | Asked in Child Support, Education Law and Family Law for Alabama on
Q: Is there a way to have child support payments adjusted for a 15 year old who’s mother will not put him in school?

My husband has paid child support for his son, who is 15 years old, for the last 14 years, as ordered. The mother no longer adheres to the visitation they set In court. The mother refuses to enroll the child in public, private, or homeschool. The child has also been living back and forth between... Read more »

Kristine Jones
Kristine Jones answered on Jun 30, 2020

Hello. He has a right to take her back to court and enforce the orders in place for his visitation, school, etc. To answer your question about child support payment adjustment, no. The child is entitled to his parent's financial support until he is 19 years old, joins the military, or becomes... Read more »

1 Answer | Asked in Education Law and Employment Law for New York on
Q: My employer refused me to return to work due to my school schedule. They told me to resign when I did not wan to

What impact will this have on my filing for unemployment benefits?

Jacob David Verchereau
Jacob David Verchereau answered on Jun 29, 2020

Generally, when you resign voluntarily you do not qualify for unemployment insurance. However, under these circumstances, you could still file a claim. If your employer does not contest your claim, you will likely receive unemployment benefits. If the employer does contest your claim, you could... Read more »

2 Answers | Asked in Appeals / Appellate Law and Education Law for North Carolina on
Q: I am a student at college and they believe I have cheated on an assignment, should I plead guilty or take a hearing?

I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 28, 2020

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... Read more »

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1 Answer | Asked in Education Law for California on
Q: Is using a telephone voicemail message as an evidence is legal in CA!!

I am using this for educational matter. A professor left me a telephone voicemail message. Then have dismissed me. I am currently writing an appeal and wondering if I can using and voicemail as an evidence

Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

I am not aware of any prohibition against using the voicemail message as evidence. Wiretap recordings are prohibited because they are made without the knowledge of at least one party to the conversation, but a voicemail is deliberately and knowingly left on a recording device. It is the same as if... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a school district in California make you live stream your lessons to provide access to online learning students?
Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

It depends, on the terms of your contract and the CBA or MOU with the teacher's union for the district. So much more information is needed that it is not possible to provide a more definitive answer. As a member of the teacher's union, you can file a grievance if you believe the... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for Indiana on
Q: I spent 5th grade with my mouth literally taped shut using 2” masking tape.

With I’m sure toxic glue as it was the 90’s, while the teacher encouraged the class to mock and make fun of me. I want to sue Demotte Elementary School, which is Kankakee Valley School Corp., I’m dead serious and will find representation somewhere. Most of those classmates are still residing... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 26, 2020

It would be best for an Indiana attorney to advise, but you await a response for four weeks. You ask about what type of lawyer? A personal injury lawyer, preferably one with insight into the education system. But you are looking at a very formidable challenge in terms of the timeline here. I'm... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a private elementary school require us to sign a release before our eight year old son returns in the fall?
Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

It depends on the language of the proposed release. You should contact a contracts or School Law attorney in your local area for a full consultation.

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1 Answer | Asked in Civil Litigation, Contracts and Education Law for Arizona on
Q: Do I have any legal recourse? My school publicized my personal and academic Information, SSN, photos, etc

My social security number, address, photos, transcripts, academic rank and deans letter we’re all accidentally made public through my school’s shared folders. I found out via a current student, and later received an apology from the Dean, as well as an assertion that the problem was fixed.... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 23, 2020

I am sorry to learn of your situation. It seems to me the basic federal law for you to seek remedy is FERPA which you can find here, https://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html. There's also a mechanism for filing complaints here,... Read more »

1 Answer | Asked in Education Law for California on
Q: I cannot find anything about the placement procedure when a high school teacher’s subject has been reduced by one sectio

And this teacher has the most seniority in that dept We are a district of 1 high school and 5 k-8s

What is the protocol when a teacher loses one section of her assignment?

Maurice Mandel II
Maurice Mandel II answered on Jun 22, 2020

You should contact your Union to discuss this. Part of this is governed by the union contract and part of it is governed by the Ed Code. Union should be able to advise you on both.

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1 Answer | Asked in Civil Litigation, Education Law and Gov & Administrative Law for California on
Q: If I get disbarred from DoDEA school can I get a government job still?

was not asked

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Please remember this is a public forum and you could be posting things today that you regret tomorrow. Sorry to hear that you are having these problems. Your actual question: "Can I get a job still?" cannot be answered with the information you provided, and it calls for predicting the... Read more »

1 Answer | Asked in Copyright and Education Law for Michigan on
Q: I would like to show my video analysis of propitchers in a certification and continuing ed course. Can I do this legally

I am creating a continuing education program and certification for strength and conditioning coaches and rehabilitation professionals on training and rehab of the throwing athlete. I would like to show video analysis of voiceover style videos featuring professional pitchers to demonstrate proper... Read more »

Kathryn Perales
Kathryn Perales answered on Jun 19, 2020

You should get permission from the copyright holder of the video - could be the videographer or their employer, or ESPN... In my opinion what you are describing would not pass a fair use test. You might also need permission from the athlete in the video, depending on state law.

1 Answer | Asked in Education Law for Florida on
Q: My MIL designated herself as grantor of my daughters' education account using money from their ggf's trust. Legal?

We are in Florida. My husband's grandfather was and his mother is in California. His mother was the trustee of his grandfather's trust which specified that upon his death each of my daughters should recieve $25,000 to be used toward their education. My MIL took the $25,000 and opened an... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2020

It doesn't appear that the trustee can do that, but one would have to read the trust to be sure. Also, since it appears to be a California trust, you might want to ask a California attorney to take a look at the situation.

1 Answer | Asked in Education Law and Land Use & Zoning for Michigan on
Q: Am I allowed to be in a Michigan public high school parking lot in the summer?

I was watching the sunset, with my friend, in my school parking lot days after school had ended. A man who we assume lives next to the school approached us and started threatening to call the cops saying we looked suspicious. We were simply sitting in the back of her car watching the sunset. Would... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 15, 2020

The police might have just told you to move along. Of course, a lot depends on what information they have at the time, including what the person who calls tells them, as well as whether there have been other reports of suspicious activity or crime in the area.

Generally, there are...
Read more »

1 Answer | Asked in Criminal Law, Education Law and Employment Law for Georgia on
Q: As a teacher w/ restricted criminal record, what shows on my fingerprint & criminal background check to school system?

Last summer (2019), I hired an expungement lawyer to have my criminal record restricted. I was eligible for record restriction as the charges from my 2015 arrest were dismissed. I am a new hire to the school district and am concerned about what shows up on me after my fingerprinting and my criminal... Read more »

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

If you want to know what has been revealed you should run a copy of your own criminal history with a law enforcement agency for employment purposes and see what shows up. Often times there are errors when the records are input into the system.

1 Answer | Asked in Criminal Law and Education Law for Texas on
Q: My son is a transfer student and their trying to deny him

my son has a 504 in place for a disability and the school is trying to no longer accept him as a transfer student because he wasn't able to be at school alone this year but has kept grades up just because they aren't making money on him can they do this legally if they already knew and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 5, 2020

This is not a question of criminal law because discrimination is not a crime... although maybe it should be.

1 Answer | Asked in Education Law for Missouri on
Q: . What can we do if my son was not chosen for Varsity cheer at his school?

I have proof that he is overly skilled qualified to be on the varsity team, which is all girl. Two boys tried out and neither made teams. My son is a World level 6 All Star cheerleader, and his skills for school cheer exceeds the 14 girls that made the team.

Neil Smith
Neil Smith answered on Jun 2, 2020

Did this happen in Missouri or Texas? A parent in Missouri recently sued his son's public school claiming that his son should have made the soccer team. The case, filed in the U.S. District Court for the Eastern District of Missouri, was unsuccessful. The problem that you might have is that... Read more »

1 Answer | Asked in Education Law for Georgia on
Q: Can the school system keep fundraisers that the children worked so hard to earn money for the trip

We were told that if for some reason we could not go on the trip that the school would keep all monies. They did not give us documentation stating that if they cancelled the trip that the children would not receive their fundraiser monies. Now they are saying that the school keeps the monies and... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 2, 2020

It depends. Without the ability to review any documentation, it is difficult to provide a definitive answer. However, it is not uncommon for schools to have similar provisions. You may benefit from speaking with an attorney who can review the relevant documentation.

We are glad to assist...
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2 Answers | Asked in Education Law and Family Law for Georgia on
Q: Can parents kick out an 18 year old if they are still in high school?

Georgia law requirements

Regina Irene Edwards
Regina Irene Edwards answered on May 31, 2020

An 18 year old is legally an adult and the parents to not have to provide them housing. However, they may be considered a tenant and have rights under that circumstance.

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2 Answers | Asked in Immigration Law and Education Law for Texas on
Q: Costo por trámite se residencia americana Bajo entrada legal al país y validación de título profesional.
Adan Vega
Adan Vega answered on May 25, 2020

El costo depende de la forma como intente obtener la residencia. Por ejemplo, por el trabajo, inversión, por petición familiar, etc. Tendría que conocer los detalles de su caso para determinar la mejor forma para ayudarle.

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