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New Jersey Education Law Questions & Answers
1 Answer | Asked in Education Law and Libel & Slander for New Jersey on
Q: My ex husband lied on school record forms claiming he had sole custody of our daughter

My ex husband lied on school record forms claiming he had sole custody of our daughter he used us to enroll her in a new . The school policy is that they are supposed to share information with both parents. I had provided them with a copy of the court order stating we share custody. They didn't... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 9, 2019

A. What are your damages?

B. You should probably take the concerns to the matrimonial court

1 Answer | Asked in Education Law for New Jersey on
Q: Can a Chief School Administrator receive tenure in the state of New Jersey?

I know that PL 1991, c 267 did away with contractual tenure for superintendents. Is a Superintendent tenured if he/she remains in the position for more than 7 years?

Stuart Nachbar
Stuart Nachbar answered on Aug 26, 2019

No, there is no tenure for a superintendent

3 Answers | Asked in Contracts and Education Law for New Jersey on
Q: How can I get released from an online school contract in NJ?

I signed a contract with an online school unbeknownst to me that I only had 72 hours to cancel the contract.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Unless you hire a good lawyer who will read the fine lines of the entire contract you may be stuck with either having to complete the course and pay for it, or renege on the contract and possibly still have to pay for the course never taken.

Investing a few hundred dollars to have an...
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1 Answer | Asked in Education Law for New Jersey on
Q: My child was absent 18.5 days what should happen now if I have court about this metter
Stuart Nachbar
Stuart Nachbar answered on Mar 27, 2019

Student absenteeism can lead to low academic achievement, dropping out of school, delinquency and gang involvement. School districts that have established multi-systemic approaches and policies pertaining to student absenteeism typically experience fewer numbers of dropouts and a greater number of... Read more »

2 Answers | Asked in Criminal Law and Education Law for New Jersey on
Q: I was charged with terroristic threats and offered PTI because that’s what my public defender told me would be the best.

I would like to get an appeal and take this to trial if I could, because I wasn’t really aware what PTI was and I didn’t know that the conviction or charge would still show up as active on my record. I’ve been denied 3 jobs now, and kicked out of school because of this which I believe is... Read more »

Leon Matchin
Leon Matchin answered on Jan 29, 2019

Your best bet is to hire a private attorney to take the case to trial because sounds like the public defender's office doesn't feel that they want to spend their time taking your case to trial for whatever reason. If you have a budget for a private attorney then that's your best bet. Good luck!

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1 Answer | Asked in Education Law for New Jersey on
Q: I’m 20 years old and I live with my boyfriend and his parents. Can I sue my dad for not helping me pay for tuition?

My parents never got married but my dad is married to someone else. First my dad and my step mom were giving me a hard time to get their taxes for school. My dad is now willing to give the school his taxes but he doesn’t want to pay for any of my tuition. My mom doesn’t mind helping me pay for... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 4, 2018

No you can not sure your parents for not helping you with your secondary education. There is no right to go to college

2 Answers | Asked in Bankruptcy and Education Law for New Jersey on
Q: Does discharging student loans require a specialized bankruptcy attorney? Does it always require litigation?

How is cost approximated?

Michael David Siegel
Michael David Siegel answered on Aug 10, 2018

The likelihood of you discharging a student loan in bankruptcy is something close to zero. Do the Dept. of Ed. payment plan program.

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1 Answer | Asked in Civil Litigation, Education Law and Personal Injury for New Jersey on
Q: Can I sue a school for not having proper life guard training

I nearly died by drowning in middle school and the life guard didn’t rush to save me after screams on screams for help ..once my friend helped me to the side of the pool she walks over and says it’s not funny to play around! (im21 now) slowly the emotion impact changed my life. The... Read more »

Stuart Nachbar
Stuart Nachbar answered on May 26, 2018

If you had a cause of action, and I am not sure if you did, you needed to bring the action within 2 years of your 18th birthday. As you stated that you are 21, you have lost any action you might have had.

2 Answers | Asked in Criminal Law, Civil Rights and Education Law for New Jersey on
Q: Is it a bias/crime when a principal says “he cannot keep the student in the general education, cause he is not normal?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 27, 2018

No that is not a bias crime, it may be other things but generally not a crime.

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1 Answer | Asked in Education Law for New Jersey on
Q: Is it legal for a district to cancel spring break?
Stuart Nachbar
Stuart Nachbar answered on Mar 19, 2018

If the school district has used its allotment of snow days, there is a provision to reduce other vacation days so they can meet the the 180 day quota.

2 Answers | Asked in Education Law for New Jersey on
Q: My sons school finally gave him a full period of Orton Gillingham. How do I get it put in his IEP

He is severely dyslexic and at first grade level reading/writing.

Stuart Nachbar
Stuart Nachbar answered on Feb 28, 2018

You should send a letter to the case manager requesting an amendment to the IEP without meeting.

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1 Answer | Asked in Education Law for New Jersey on
Q: What is the NJSA 18A law that states that a student can lose academic credit for the year due to excessive absences?

There is a specific statute that states that a student who misses more than 10% of the school year (or 18 unexcused absences) can lose all credit earned for that academic year. I'm looking for the exact text of that law under New Jersey Title 18A. I know it exists but I can't find it to save my... Read more »

Stuart Nachbar
Stuart Nachbar answered on Feb 20, 2018

compulsory education law (N.J.S.A. 18A:38-28 through 31) requires all children between the ages of 6-16 to attend school. The attendance regulations (N.J.A.C. 6A:16-7.6), require each district board of education to develop, adopt and implement policies and procedures regarding the attendance of... Read more »

1 Answer | Asked in Civil Rights and Education Law for New Jersey on
Q: Can my 6 year old ADHD son be kicked out of aftercare? He has an IEP in school. I believe he is protected by the ADA.

He got his 2nd warning yesterday for pushing a student. He is extremely impulsive and cannot control himself. I read the aftercare's policy handbook and it said students can be terminated if physical towards other kids, but at the end of the handbook it states that they abide by the American... Read more »

Lori E. Arons
Lori E. Arons answered on Jan 30, 2018

It is always difficult to answer questions without knowing a particular child's full profile, but children with disabilities are protected from disability discrimination under Section 504 of the Rehabilitation Act as well as the Americans with Disabilities Act. I recently handled a case where the... Read more »

1 Answer | Asked in Family Law, Child Custody and Education Law for New Jersey on
Q: Do I have to wait until I graduate highschool to move with my grandmom.

I am 18. And my mom keeps saying I can’t leave because I am in highschool and I don’t graduate until next year. She claims it’s a new law. She also stated if I were to call the cops and have a cop escort me out that they wouldn’t be able to because she has legal rights until I finish school.

William N. Sosis
William N. Sosis answered on Jan 17, 2018

Provided you have no disability that prevents you from understanding your legal rights, you can move out at 18 (but you cannot consume any alcohol until you're 21). But you and your mom should seek family counseling first. Also talk to your grandmother before leaving home. She may be able to help... Read more »

1 Answer | Asked in Education Law for New Jersey on
Q: Can a college nursing program change rules after you are admitted that would in effect remove you from the program?

I am currently a student at RCNJ and have been kicked out the nursing program. The rule was you can only fail one science class in the program, and then you have to retake it, pass it, and then you can continue with the program. They created a new rule that counts anatomy as two sciences because it... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 16, 2018

The school can change the rules when it sees fit to do so, as long as it is in compliance with State law. You need to see the handwriting on the wall and I'm sorry to tell you this, but you need to choose another field.

1 Answer | Asked in Education Law for New Jersey on
Q: GM, Efrain Are for the record. On 12-21-2018 , A summon NJSA 18A-25-38 etl,seq. Was issue again me. I have a child that

Doesn't want to attend school. Conclusion to these behavior, He

Is going through withdrawal separation of his mother. Mothers

Deceased, child is 16 years of age. Want is a helpful arguement?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 12, 2018

Every parent, guardian or other person having custody and control of a child between the ages of six and 16 years shall cause such child regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for... Read more »

1 Answer | Asked in Education Law for New Jersey on
Q: My High School would not let 18 year olds sign themselves out of school, even if they were sick. Is this legal?

At my high school the secretaries did not allow 18 year old students to sign themselves out of school to attend doctors appointments, college visits, or go home if you weren't feeling well. They required a parent or guardian to fax a note or to show up to the school to sign you out. Is this legal?... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jan 10, 2018

Unless you are emancipated by law, the school can make this a requirement. It prevents people (Seniors) from signing themselves out and missing school, and possibly jepordize graduation

1 Answer | Asked in Education Law and Traffic Tickets for New Jersey on
Q: My 14 year old was with a group of friends in school they were using a flavored vapor. She had to get drug tested then

Received a ticket from police dept that she had a mandatory court date. Can at 14

you be issued a ticket through the mail.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 12, 2017

Yes you can get summoned for court even at 14 that is what juvenile court is for. You should get her a lawyer.

2 Answers | Asked in Criminal Law, Federal Crimes and Education Law for New Jersey on
Q: If a teacher refuses to follow emergency evacuation procedures deliberately, what law does that fall under?

During an actual evacuation in a public high school, a teacher was directed by administration to leave the building immediately. The teacher refused and continued to remain in the building to obtain an item.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 4, 2017

It would probably fall under an employment law problem.

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