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1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Wisconsin on
Q: Is it legal for a public school nurse to provide pregnancy tests to the students privately?

15 year old child was given a pregnancy test at school by the school nurse without informing parents. Child also has an eating disorder that a school teacher reported her for and tried to force into counseling while telling the child's friends.

James L. Arrasmith
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answered on Jun 10, 2024

The legality of a public school nurse providing pregnancy tests to students privately can vary depending on state laws and school policies. In many places, school nurses are allowed to offer certain health services to students confidentially, including pregnancy tests, without needing to inform... View More

1 Answer | Asked in Education Law for Florida on
Q: Do I have a case to sue the one or both institutions that acted negligently and caused damages to me and my academics

Despite repeated attempts to explain my financial situation via phone and email, UNF ultimately dropped me from the courses twice due to non-payment. My attempts to reach UNF for clarification and resolution were met with delays, unanswered emails, and limited or poor assistance. Notably, the final... View More

James L. Arrasmith
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answered on Jun 10, 2024

You may have grounds to pursue legal action if you can demonstrate that both institutions acted negligently and caused you significant damages. The issues with UNF, including being dropped from courses twice despite resolving your financial aid situation and the lack of effective communication,... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Legal Malpractice for Ohio on
Q: What do I do because my son’s lawyers did not have him evaluated. They made have decide plea of life or trial maybe deat

Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is... View More

James L. Arrasmith
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answered on Jun 10, 2024

It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the... View More

1 Answer | Asked in Education Law for California on
Q: Is there someone out there who knows education law well enough to take on a case for unjust expulsion?

I was unjustly expelled from my college and was not given the due process I was legally owed prior to their decision to expel me. This case is complicated and I have full records to prove that the institution was at fault for their part in how my education turned south. I am desperately seeking... View More

James L. Arrasmith
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answered on Jun 3, 2024

It sounds like you're in a very difficult situation with your college expulsion. Under California law, students are entitled to due process before being expelled, which means you should have been given notice of the charges against you and an opportunity to defend yourself. If these procedures... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for South Carolina on
Q: 1st grader with disability, having the protected by IDEA and ADA acts was being expelled without due process, can I sue?

7-year-old, first grader, in Georgetown County Public School District, Having an evaluation and diagnosis for a disability, We believe was a victim of discrimination and gross negligence, committed by both the public school itself, and the local County School District. Throughout the evaluation... View More

James L. Arrasmith
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answered on Jun 3, 2024

You may have grounds to sue the Georgetown County Public School District for expelling your 7-year-old without due process. Under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), your child is entitled to specific protections and procedures,... View More

2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

"PSL"? You mean personal sick leave? These are for full time employees, including at will employees. My experience is that a substitute teacher is not a full time employee of a school district, they are hired to work assignments and I believe your agreement with the district will spell... View More

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2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

James L. Arrasmith
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answered on May 31, 2024

As an at-will employee in California, your employer is generally required to provide paid sick leave (PSL). Under California law, employees are entitled to accrue at least one hour of PSL for every 30 hours worked, up to a minimum of 24 hours or three days per year. If you've met the... View More

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2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
Michelle Alissa Ball
Michelle Alissa Ball
answered on May 29, 2024

To qualify for an IEP, the student has to have a qualifying category of impairment. This could be Autism or other category. Does an IEP team have a legal obligation to speak certain words at an IEP specifically? The disabilities and needs of the student guide the development of the document, but... View More

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2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
James L. Arrasmith
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answered on May 29, 2024

Yes, if your child has an intellectual disability, it should be mentioned during the IEP (Individualized Education Program) meeting. The purpose of the IEP meeting is to develop a comprehensive plan that addresses all of your child's educational needs. Mentioning all disabilities, including... View More

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1 Answer | Asked in Civil Rights and Education Law for California on
Q: If my child has a iep should the iep team also mention my child also having a intellecual disability at the iep meetings

The first time i remember hearing my child has an intellecual disability was over 7 years ago since then it has never been mention again but yet its writen in her iep when i asked the teacher about why was this never talked about before she said cause parents some times can't handle hear stuff... View More

James L. Arrasmith
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answered on May 29, 2024

Under California law, if a student has an Individualized Education Program (IEP), the IEP team should discuss all relevant information about the student's disabilities, including any intellectual disabilities, during the IEP meetings. The purpose of an IEP meeting is to comprehensively review... View More

1 Answer | Asked in Immigration Law, Tax Law and Education Law for Illinois on
Q: How should I file tax if my employer don’t issue me a W-2 since I’m a part time intern? I make hourly.

I got approved CPT by the school before started working. So everything is legal but I’m just worried about how should I file tax to avoid futures consequences.

James L. Arrasmith
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answered on May 25, 2024

If your employer doesn't issue a W-2 because you're a part-time intern, you might be classified as an independent contractor. In this case, you should receive a Form 1099-NEC if your earnings exceed $600 in a year. Even if you don’t receive this form, you’re still responsible for... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Education Law for Texas on
Q: Can you sue a charter school for discrimination of a child entering into the district Already with learning disabilities

The district has performed false Ard Committee meetings and had my children under regular general Ed program when they have more learning disabilities and one of my children has autism diagnosis

James L. Arrasmith
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answered on May 24, 2024

Yes, you can sue a charter school for discrimination if your child with learning disabilities, including autism, has not received appropriate accommodations. The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act protect students with disabilities, ensuring... View More

1 Answer | Asked in Immigration Law, Education Law and International Law for Delaware on
Q: I am a F1 student, I did complete the process to request I-20 in 9/3/2023, but recently he found out he forgot.

I am a F1 student, I did complete the process to request I-20 in 9/3/2023, but recently the international office manager found out he forgot.

He forgot to send me accept letter and I-20, I did finish the full process for application and enrolled in. Because he forgot, My I-20 expired... View More

James L. Arrasmith
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answered on May 22, 2024

If the international office manager forgot to send your acceptance letter and I-20, and your I-20 expired on 10/23/2023, there are steps you can take to address this issue.

First, yes, the manager can do a data fix to correct the situation. The acceptance letter is typically required for...
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1 Answer | Asked in Immigration Law, International Law and Education Law for Delaware on
Q: I am a F1 student, but the international student manager forgot to process my I-20 last year, currently it expired.

I am a F1 student, last year I finished application and I-20 request process for new school and studied there, but the international student manager forgot to process the I-20 request, he also forgot to sent me an acceptance letter which considered an evidence at data fix process. In this case, can... View More

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answered on May 22, 2024

If your international student manager acknowledges the mistake and provides all necessary information, a data fix might be possible. The success of this request largely depends on the honesty and thoroughness of the details submitted. The manager should outline the error and provide any missing... View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Is it legal to live monitor a security camera in the outdoor areas of a school?
James L. Arrasmith
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answered on May 21, 2024

Under California law, it is generally legal for schools to use live monitoring of security cameras in outdoor areas of the school property, subject to certain guidelines and restrictions:

1. Notice: Schools must provide clear notice to students, staff, and visitors that the area is under...
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1 Answer | Asked in Immigration Law, Education Law and International Law for Delaware on
Q: after F1 violation(I fotgot, school forgot too), will the re application for SEVIS succeed?

F1 student, after I graduated i didn't got an offer from idealistic school because I applied too late, went to a nearby University Master degree for maintaining status, this year I got offer from the school I want to go to, but they told me they didn't receive the SEVIS code, I asked my... View More

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answered on May 21, 2024

Based on the information you provided, it seems that there was an oversight in the transfer of your SEVIS record from your bachelor's degree school to your current school, which has led to complications in transferring your SEVIS record to the new school you want to attend. This situation can... View More

1 Answer | Asked in Education Law for Texas on
Q: Ferpa violation

Security Video leaked by school

District causing my daughter distress.

John Michael Frick
John Michael Frick
answered on May 20, 2024

In most instances, security surveillance cameras are used in places that do not violate a student's privacy rights under FERPA like building exteriors, hallways, parking lots, and classrooms.

If a surveillance camera was placed in another area that does violate your daughter's...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: "May I use this letter, or should I not? This is merely an example since I am limited to using only 1000 characters.

Dear [Auto Loan Company], I am writing to address several concerns regarding my auto loan. Firstly, I need an explanation for the fees associated with early or additional payments. Despite a $7,000 down payment, my principal has not decreased as expected. When I signed the contract, I was assured... View More

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answered on May 18, 2024

Based on California law, you can use this letter to address your concerns with your auto loan company. The letter raises several legitimate issues that you have the right to inquire about and request clarification on:

1. Fees associated with early or additional payments - California law...
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1 Answer | Asked in Education Law for New York on
Q: Can a school take my kids cell phone
Tim Akpinar
Tim Akpinar
answered on May 16, 2024

The education law attorneys on this site could advise best, but you await a response for two weeks. Until you are able to consult with attorneys who regularly practice in this area, schools in general nationwide do exercise their rights to take a student's cell phone if the usage violates the... View More

2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on May 15, 2024

In California it is illegal for any government entity to obtain electronic data unless a warrant is obtained and/or the access fits within certain legal parameters, even in a public school. However, if you agreed to give them access, they can retrieve the information.... View More

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