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Education Law Questions & Answers
1 Answer | Asked in Education Law for New Hampshire on
Q: Is it legal for a school administrator to drive to a students house after school hours for no reason at all

I saw my school administrator waiting for me at my street address after school hours for no reason at all as I drove by her she then left as I drove past and continued

James L. Arrasmith
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answered on Jan 10, 2024

It's unusual for a school administrator to visit a student's home without a clear reason, and it can raise concerns. There are protocols and policies in most schools regarding staff interactions with students outside of school hours and premises, especially for home visits.

If...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for California on
Q: Is my 9-year-old grandson's constitutional rights to an education being violated? He should be in the 4th grade now.

My grandson has not attended school since October of the first grade; all absences are unexcused. The mother is extraordinarily permissive, and allows him to make his own decisions about school, doctor visits, preferred activities, etc. He was recently diagnosed with ODD.

The school has... View More

James L. Arrasmith
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answered on Jan 6, 2024

In California, the right to an education is indeed a fundamental one, and every child between the ages of 6 and 18 is required to attend school under the state's compulsory education laws. If your grandson has not been attending school regularly since the first grade, this could be a violation... View More

Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

Addendum - Whether or not attorneys determine you might have the basis for a claim, it would be advisable to learn sooner than later whether there are any notice of claim provisions that apply - in other words, short filing deadlines. I hope your son is okay. Good luck

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Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

It could depend on the nature of the abuse, severity of the abuse, resulting damages, the quality of evidence supporting the accusations and the damages, and other factors. A starting point could be to try to arrange a free initial consult with an attorney to discuss in further detail. Good luck

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Q: Hi my son is a 5th grade student of Modesto. He's been emotionally abused by his teacher. Can I file a law suit?
James L. Arrasmith
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answered on Jan 4, 2024

Under California law, if your son has experienced emotional abuse at school, you have the right to take action. Emotional abuse by a teacher is a serious matter, and schools have a duty to ensure a safe and supportive environment for their students.

The first step would be to document the...
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1 Answer | Asked in Education Law, Employment Law and Contracts for Illinois on
Q: I work in Cook county as a secondary teacher for a private school and want to break my contract.

I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More

Cynthia Pietrucha
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answered on Jan 3, 2024

I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More

1 Answer | Asked in Education Law for Rhode Island on
Q: Can a career technical training school legally withhold your certification after program completion?

I am on a payment plan for my student loan and the school is withholding my certification until I am paid in full. I am unable to work without the certification to make the payments. Is this legal?

T. Augustus Claus
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answered on Jan 2, 2024

The legality of a career technical training school withholding certification until payment is made depends on the terms and conditions outlined in the school's policies and agreements. Schools may have specific financial obligations, and if there is an outstanding balance, they may choose to... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Juvenile Law on
Q: My child was arrested for illegal trespass on school property, where he attends school . Special needs 504

My son went to school with his brother on the bus. The bus was late my son was approached by a school administrator while walking on school property administrator, then tried to tell my child is being illegally trespassed and was going to suspend him that he had to leave as my child tried to leave... View More

James L. Arrasmith
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answered on Dec 27, 2023

In the situation where your child, who is on a 504 plan, was arrested for illegal trespass on school property, there are several important factors to consider regarding his rights and the school's obligations.

Firstly, students with 504 plans are entitled to certain protections under...
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1 Answer | Asked in Tax Law, Banking and Education Law for Arizona on
Q: If I got donated a tax credit for a school trip but the trip got canceled do the tax credit dollars I got have to go

Back to the schools general fund or can they be moved to a specific school club that accepts tax credits? The tax credits were donated in my name so wouldn't I be able to request where they are going?

James L. Arrasmith
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answered on Dec 25, 2023

When a school trip is canceled and you've received tax credit donations in your name for that trip, the handling of these funds can vary based on the school's policies and the specific tax credit program. Generally, tax credit donations are earmarked for specific purposes, and any... View More

1 Answer | Asked in Education Law for Texas on
Q: Can a college let student retake a exam and not give extra credit to those that passed

Students had an exam that consists of 4% they didn’t take it serious an failed. The school allowed them to retake the exam. Students that did pass but there complete average for the class was still not passing did not get any points rewarded for passing on the 1st attempt to help out with there... View More

James L. Arrasmith
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answered on Dec 17, 2023

No, it would generally be considered unfair for a college to allow some students to retake an exam without offering any extra credit to students who passed the exam on the first try. Here is some relevant information on this:

• Most colleges have policies around make-up exams and...
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2 Answers | Asked in Education Law and Immigration Law for Virginia on
Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?

I am a international student in US, I plan to transfer to another school next year.

James L. Arrasmith
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answered on Dec 17, 2023

Yes, you can still transfer to another school even if your F-1 visa has expired, as long as you maintain your F-1 status by remaining enrolled and following all other F-1 regulations.

The key things to note:

- An F-1 visa is required to enter the U.S., but once you are already in...
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1 Answer | Asked in Civil Rights and Education Law for California on
Q: does the law provide students a right to a specific preferred individual as a provider?

And if not does the law provide Special education students a right to a specific preferred individual as a provider?

James L. Arrasmith
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answered on Dec 15, 2023

In U.S. law, students generally do not have the right to demand a specific individual as their provider in educational settings. The law ensures access to education and reasonable accommodations, particularly under statutes like the Individuals with Disabilities Education Act (IDEA) and Section 504... View More

1 Answer | Asked in Education Law and Juvenile Law for Nevada on
Q: Can a school staff member sign a citation given to a minor after a fight and not inform the parents.

My son had a fight he was detained and issued a citation and I was not informed by the school that they signed a citation in my place or that a citation was even given so the court date was missed due to not informing the parents

T. Augustus Claus
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answered on Dec 14, 2023

While NRS 392.150 grants school personnel authority to detain a pupil for certain offenses, including fighting, the requirement for parental notification is not explicitly outlined in this context. Additionally, NRS 392.149 mandates notifying parents of truancy-related citations. Schools generally... View More

1 Answer | Asked in Education Law and International Law for Texas on
Q: In accordance with Texas law, aside from scholarships, what alternative methods exist for international students to qua

Hi, I heard that under Texas law, international students can qualify for in-state tuition rates by receiving a competitive scholarship. Are there other methods besides scholarships that allow international students to be eligible for in-state tuition? Could you provide a brief explanation of these... View More

James L. Arrasmith
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answered on Dec 14, 2023

In Texas, international students have limited pathways to qualify for in-state tuition rates aside from obtaining a competitive scholarship. One such method involves establishing Texas residency, but this can be challenging for international students due to visa restrictions.

International...
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2 Answers | Asked in Criminal Law, Education Law, Tax Law and Business Law for Tennessee on
Q: If a school official lied to defraud parents of an account balance or charge, is that criminal?

A school sponsored, parent funded, non-profit school support organization has been asked to pay an amount that is not correct and accounting is wrong. The school sponsor is the only person allowed to handle the budget and pay vendors. The sponsor informed parents the charge was less than what it... View More

James L. Arrasmith
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answered on Dec 25, 2023

If a school official intentionally provided false information about finances to defraud parents, this could potentially be considered criminal behavior. In your situation, if the school sponsor misled parents about the actual costs and required additional payments under false pretenses, it may... View More

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2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 20, 2023

First consult a TX business lawyer regarding non-citizens owning an LLC. F-1 student visa will only allow very passive involvement, and you cannot draw a salary or profit from the LLC. There are options through an LLC to petition for it's owner but it depends on the employment-authorized... View More

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2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

James L. Arrasmith
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answered on Dec 12, 2023

International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment.... View More

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1 Answer | Asked in Tax Law, International Law, Education Law and Immigration Law on
Q: Does getting a non-resident tution waiver affect residency due to tax status and prior government benefits?

Greetings! I reside in Texas and am presently an international student enrolled at the University of Texas Arlington. I obtained a non-resident tuition waiver from the university through a scholarship, as mandated by Texas law. My future plans involve applying for a green card/residency post my... View More

James L. Arrasmith
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answered on Dec 11, 2023

Receiving a non-resident tuition waiver at a university in Texas, like the one you have at the University of Texas Arlington, typically does not directly affect your residency status for immigration purposes. These waivers are granted based on scholarship criteria and are not considered public... View More

1 Answer | Asked in Education Law for Texas on
Q: Can my daughter's school criminally trespass me if I had a heated argument with the principal over them violating FERPA
John Michael Frick
John Michael Frick
answered on Dec 11, 2023

A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:

(1) the person...
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