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New York Education Law Questions & Answers
2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Good afternoon, I would like to find representation for our daughter who attends a local school in Tompkins County.

She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 15, 2021

The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such... Read more »

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1 Answer | Asked in Education Law for New York on
Q: can a principal ride a school bus whenever they want
Tim Akpinar
Tim Akpinar answered on Sep 29, 2021

It would depend on the regulations of the school district, school, and bus company. In general, principals do have broad authority to audit or inspect activities that affect the welfare and safety of students. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

1 Answer | Asked in Tax Law and Education Law for New York on
Q: NYS. Does the school district have the right to look at tax returns of students guardians?

Natural parent moving out of district. Signing over guardianship to the person still living in district. District is asking who will claim child on this years tax return. Does the district have the right to view either parent or guardians tax returns?

Michael David Siegel
Michael David Siegel answered on Jul 20, 2021

Absolutely. That is how they prevent the fraud of a non-resident student trying to get a better school.

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

I'm very sorry this happened to you. If you're seeking an attorney, it might be more productive to use the Find-a-Lawyer feature above. The Q & A format here is unlike an attorney referral service, where an attorney would come forth to offer services. The format here is instead geared... Read more »

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1 Answer | Asked in Education Law for New York on
Q: An allegation of Academic Integrity made against me. What should I do?

I'm a student at a CUNY college and during this Spring semester I took 5 classes and most, if not all, had math-related topics. I was able to manage keeping a good grades for all but one class, Linear Algebra. I had a decent grade on my first exam, I studied for the second midterm, which was... Read more »

Michael David Siegel
Michael David Siegel answered on May 28, 2021

This is a serious matter. Having admitted to cheating, you have few options. You must not admit to anything again, and find a way out of this that does lead to expulsion.

2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2021

It is difficult to answer the question without seeing any agreements the parties signed as part of their divorce and the judgment of divorce. However all things being equal, if the matter was brought before a court, there is a good chance that the court would allow the child to go to school in... Read more »

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1 Answer | Asked in Education Law for New York on
Q: can you sue a school.

I go to independence university, I am in a class had week 1 almost done, then they switch me without any notice on the date that discussions are due on Wednesday. to two classes instead. tell me i have to do 2 weeks worth of work in 1 week all bc THEY made a mistake which i have proof of them... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 2, 2021

An attorney who specializes in education law would have the best insight here, but your question remains open for two weeks. As a general matter, despite the ordeal it has caused you, there could be more economical ways of approaching something like this, maybe through academic advisor or... Read more »

1 Answer | Asked in Education Law for New York on
Q: If a school doesn't obey the mandatory Moment of Silence law: NV Rev Stat § 388.075 (2011), can they be sanctioned?

for Nevada

Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

This involves a Nevada statute. There's no guarantee all posts are picked up, but there might be better chances of a response if you reposted under Nevada. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I'm an Occupational therapist working in the schools in NYS. Should the district provide PPE if we return to school?

If I provide my own do I risk liability? Or what if I become sick would that void district's liability?

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

It would be best if an employment attorney took your question, but it remains open for four weeks. Until you are able to get the input of someone with expertise in this area (or if you are not able to ultimately get a response), one measure you could consider would be to present your proposed... 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 »

1 Answer | Asked in Education Law for New York on
Q: Family move, possibly keep kids from changing school districts in NY

Hi. Following up on first response from Michael Siegel. My case is an odd one. My kids were enrolled in the district where we all lived with my ex-girlfriend. After the breakup, I moved. Though there's bedrooms for them at my new residence, they've been staying for the majority of the... Read more »

Michael David Siegel
Michael David Siegel answered on May 13, 2020

If you have left your kids with a non-relative who is not a formal legal guardian, and left, you have more problems than the school. If child services finds out, they will open a case. Either maintain a legal residence with your ex-girlfriend, or make her a legal guardian. Do not leave this... Read more »

1 Answer | Asked in Education Law for New York on
Q: Family move, possibly keep kids from changing school districts in NY

Hi, hope you’re well. I have a question regarding residency for schooling on Long Island. I am a single father and live with my two teenage children in Suffolk County. We used to live with my ex-girlfriend in a Nassau County town, and my kids were enrolled in school there. I had to move... Read more »

Michael David Siegel
Michael David Siegel answered on May 6, 2020

If they do not live in the town where they go to school they will be thrown out and must go where you live. While you might be able to phony up a lease, the issue is where they sleep at night. If the district finds out mid-year, you could be thrown out ASAP. If your kids spill the beans on the... Read more »

2 Answers | Asked in Education Law, Legal Malpractice and Small Claims for New York on
Q: Can I get a lawyer for an overlooked application to a degree program in college?

I applied for a nursing program at a local community college within the deadline period. I’ve been waiting for an acceptance letter, which was to be sent out the 3rd week of April. It turns out my application was never put in the system and I was completely overlooked, while my grades are higher... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 23, 2020

No. You were not discriminated against. You were just a victim of bureaucratic error. You have no contract with them just by applying. I see no case.

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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.

1 Answer | Asked in Education Law for New York on
Q: Need a lawyer to write to a university about my rights as a student & academic dismissal incorrectly done.
Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 20, 2020

Greetings. Based on your inquiry, it appears you have been disciplined in some way by your academic institution that you feel is incorrect. The proper procedure for addressing an institution's actions is by way of an Article 78 filed in NY Supreme Court (if all internal procedures have been... Read more »

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I am a new hire manager. My supervisor tells me (via private emails) to write up union staff. Is that legal?
V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

For legitimate, non-discriminatory reasons? What's wrong with that as long as you follow company policies and procedures and the union contract?

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Education Law for New York on
Q: Hello I suffered sexual abuse as a child and I confided in my fourth grade teacher who did not believe me or do anyth
Michael David Siegel
Michael David Siegel answered on Sep 19, 2019

Under the new law in New York, you can file a criminal complaint against your abuser and sue them civilly. The statute of limitations is eliminated.

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