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Education Law Questions & Answers
1 Answer | Asked in Education Law for Pennsylvania on
Q: Hi For school I have mock trials coming up and My case is really weak and I was wondering if you could help?

It is for school, I am apart of Defense and my case is really weak.

Tim Akpinar
Tim Akpinar answered on Mar 30, 2020

You could build up your case by looking up decisions that support the positions you need to argue. The more cases you find in your jurisdiction, the stronger you will make your case. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Education Law on
Q: Can I get my money back from a Academy which not provide proper teaching online?

I enroll in British Academy of Interior Design - October 2019, they have a policy that you can get your money back up to 14 days after you enroll. But I continued with the course, after 5 months non stop trying to pass the first assignment, I can't. The only help which I get from my tutor is just... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 24, 2020

This could be a difficult case to pursue because the Academy did provide specific guidelines for withdrawl and refund, and a court could find those to be clear and reasonable. It's up to you, because you probably don't want to continue pouring good money after bad to chase a futile recovery (and... Read more »

1 Answer | Asked in Education Law for Wisconsin on
Q: if a student were to trip and break something do they have to pay for the replacement?

It was a hazardous wire in front of a TV, then said student accidentally broke the TV would the student then have to pay for a replacement?

Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

It could depend on the school district. Many districts across the nation would let it go, treating it for what it was, an accident. Students should not be held accountable if their conduct was accidental. Further, there could be insurance to cover such losses. Your question remains open for four... Read more »

1 Answer | Asked in Education Law and Gov & Administrative Law for Pennsylvania on
Q: How does a state of emergency affect schools in the state of Pennsylvania? Are schools deciding to go cyber legal?

My child is a senior this year, her school has sent out letters saying they wish to go cyber for the rest of the year March 30th. Our family is quarantined at the moment because we have family members who would not be able to survive the virus and the virus is close. Is it legal for my child’s... Read more »

Jennifer Price
Jennifer Price answered on Mar 23, 2020

Yes, the school is within its legal rights to disseminate education to its students through online learning. Requiring students to attend school, in person, could put more students at risk than necessary, so providing online education would not violate any laws.

1 Answer | Asked in Employment Law and Education Law for Florida on
Q: I teach at a private school thru the federal Title I program for a private company and they are not allowing us Use PTO

While school is closed, they are making us file unemployment I have over 120 PTO hours is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

It appears that this private education company is attempting to avoid possible disaster caused by a bunch of teachers all going out on PTO at the same time; however, the way they are trying to avoid closing down is probably unlawful. Look for an experienced employment lawyer who is familiar with... Read more »

1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Colorado on
Q: Can I get emancipated in my situation? what are the steps I have to take? And how long will it take?

I’m 15 years old I haven’t been going to school for a year now and I also haven’t been living with parents for a year.i have chosen to leave my home because of some Physical abuse and negligence I am currently not going to school because my parents didn’t want to enroll because of family... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I am sorry to hear about your situation. If abuse has occurred, you might consider speaking to your school counselor about the matter. That counselor could make a report to social services.

1 Answer | Asked in Education Law for North Carolina on
Q: Can a high school teacher fail me due to me using my phone to compete work
Tim Akpinar
Tim Akpinar answered on Mar 21, 2020

If it was a test setting, yes, because phones are equated with getting outside help. Good luck

Tim Akpinar

2 Answers | Asked in Business Law, Education Law and Employment Law for New York on
Q: If I signed a contract from a school district to coach baseball and district closes b/c corona virus should I get paid

This is a contract for salary

not service. The school shut down the day of start of season

Derek John Soltis
Derek John Soltis answered on Mar 19, 2020

You should read the contract. If it was well written there would be a force de majure clause. The clause let's parties out of the contract for events beyond their control.

The clause may not be in there, and there maybe clauses in your favor, but without reading the contract no real...
Read more »

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1 Answer | Asked in Education Law for New York on
Q: my son attends private school and needs tutoring district say s they don't pay for it. private school won't do anything

what can i do ? i cant pay out of pocket. private school wont keep him unless he has a tutor but they dont want to help me in any way

Michael David Siegel
Michael David Siegel answered on Mar 16, 2020

You have two choices. Get an IEP from the school district mandating tutoring paid by the district. Or, leave the private school. Private schools do not have to accommodate you on this point.

2 Answers | Asked in Bankruptcy, Contracts and Education Law for California on
Q: I am in a financial debt that I am not suppose to be paying. How can I stop paying this loan?

I went to study abroad only because the program was going to help me pay my tution. When I arrived to the other country they said "sorry we can't help you. Get a student loan." I was in serious frustration and started to worry a lot because I did not know this was going to happen to me. The program... Read more »

Harlene Miller
Harlene Miller answered on Mar 16, 2020

I suggest you seek advice from an attorney in your area - perhaps a general litigation attorney or bankruptcy attorney. There are insufficient details in your submission for me to respond with any specifics. For instance, is the loan you have a student loan obtained from the Dept. of Education... Read more »

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1 Answer | Asked in Employment Law and Education Law for California on
Q: Is my employer, a private university, required to employ me, at-will hourly staff, during their closure for COVID19?

I have a particular contract with my work. I am allowed to work up to 40 hours a week 37.5 weeks out of the year. My position is on site as a technician in the sculpture department. The school is shutting down their onsite operations for at least 3 weeks. They have asked workers who can work from... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 10, 2020

The answer to your question will depend entirely on the terms of your contract. Unless modified by contract your employer has no duty to pay you for periods of time that you are not working due to closure. It would be wise for you to locate and consult with an experienced employment law attorney... Read more »

1 Answer | Asked in Education Law on
Q: Does I need tc for admission in class 2 in other schools
Tim Akpinar
Tim Akpinar answered on Mar 10, 2020

It might be up to the schools in which you are seeking admission. They should be able to provide an answer. Good luck

Tim Akpinar

1 Answer | Asked in Education Law and Personal Injury for Michigan on
Q: Complaint and Claim Based on Injuries Caused by Negligence at a private Islamic religious school.

On January 22nd, 2019, Sara, my daughter, was pushed by another student and fell on her head on a concrete floor covered in carpet.

The coordinator of the Tawheed center, Wahajuddin, refused to call the police to report the incident, instead, he called me and asked me to pick up my daughter... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You raise a number of good issues; however, I believe it is less complicated. The school must have premises liability to cover any injuries to persons on the premises that are there legally. The facts that you allege regarding negligence help your argument and serve to defeat a defense that your... Read more »

1 Answer | Asked in Education Law and Lemon Law on
Q: Could Congress make a general school voucher program that applied to all children in distressed school districts?

Do you think after Zelman v. Simmons-Harris that Congress could make a general school voucher program that applied to all children in distressed school districts in the United States?

How would a program like this hold against Constitutional Scrutiny?

Tim Akpinar
Tim Akpinar answered on Mar 4, 2020

I have not read that decision, but you await a response for four weeks. Your question might be better suited for discussion with a constitutional law scholar familiar with the decision than for the brief format of this question and answer board. Good luck

Tim Akpinar

1 Answer | Asked in Education Law for Tennessee on
Q: Who is the plaintiff and defendant? Who did what?
Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2020

You have not asked a question. Read what has been served upon you, then either ask a question here or hire an attorney. If you are the Defendant you must act quickly or a Default will go down against you.

1 Answer | Asked in Education Law for Georgia on
Q: Is there an attendance policy for 18 yr olds in Douglas County, GA? Can I graduate with excessive absences?

I am a senior in high school and my parents recently received a letter from the school stating that I have had 40 absences (30 unexcused) during my senior year; in this letter they cited the Georgia Compulsory Education Law; however, this law doesn’t apply to children over 16. So, is there an... Read more »

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

You are correct that the compulsory school attendance law does not apply to 18 year olds. It primarily serves as a way for the state to punish parents for their student's truancy. However, each school district has discretionary powers to determine the nature of absences and the requirements for... Read more »

1 Answer | Asked in Education Law and Criminal Law for Kentucky on
Q: Is it legal for an individual to wear body armor on school property?

I don't mean to raise suspicions with anyone, but I am a student who goes to high school in Kentucky. I am currently involved in a Student Safety Patrol at my school, and my principal was worried about my safety in doing this program. I am the only student involved in handling locker room... Read more »

Timothy Denison
Timothy Denison answered on Feb 24, 2020

Consult your school principal. If he says it is permissible to wear the body armor, then do so without reservation.

1 Answer | Asked in Employment Discrimination, Employment Law and Education Law for Florida on
Q: I am an international graduate student with an employment issue. Where can I find legal help/advice?

I work in an abusive environment. I have documented evidence that my supervisor is abusive and also repeatedly lying. His lies form the basis of a dispute that will likely lead to my termination. I am an international PhD student on a low income

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 24, 2020

If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been... Read more »

2 Answers | Asked in Education Law and Criminal Law for Florida on
Q: I am applying for a public school teacher position. I have been a director at a preschool for almost 11 years. I have an

Arrest on my record from 1996, possession of marijuana and shoplifting. Although I went through a pti program, it still shows on a local criminal check. It's not a disqualifying offense for the job, they ask you if you ever been arrested on the application and to explain what happened. If you lie,... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 22, 2020

If the dispositions of you’re old cases were with hold of adjudication ( as opposed to an adjudication) you may be eligible to seal/expunge them. It’s basically the difference between a misdemeanor conviction or a disposition of the case with no conviction.

A conviction will generally...
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1 Answer | Asked in Family Law, Child Custody and Education Law for Indiana on
Q: Get dcs out of our life bc 5yr old missed to much school bc sick, in Indiana not mandatory for kids under 7 to attend

My 5 year old is enrolled in kindergarten and missed 14 days over the course of 3 months of school due to being sick but wasnt sick enough that it required me to take him to the doctors so I didnt get doctor notes for those days. The school has to report to dcs if a child misses more than 10... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 21, 2020

Based on your question you can't drop the case and request DCS leave you alone. Once a report is made they investigate and go from there.

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