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2 Answers | Asked in Education Law for Nevada on
Q: What of a child is attempting to leave a room and a teacher blocks the door way and uses physical restraint

By putting child in a headlock which the child then punches the teacher to get her to let go of child self

T. Augustus Claus
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answered on Nov 16, 2023

It is never acceptable for a teacher to physically restrain a child, especially by using a headlock. This is considered excessive force and can result in serious injury to the child. In Nevada, there are strict laws in place to protect students from physical abuse by teachers.

If a child is...
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1 Answer | Asked in Juvenile Law and Education Law for California on
Q: once my school gets a search warrant for one specific thing can they detain me if they find something els illegal in myp

So a sub wrote a report about me at school saying i took a picture of her, the school told me if i am lying and they search my phone and find it they will press charges, for starters i know they cant search unless proven that they have a warrant due to my 4 amendment, and this sub made me feel... View More

James L. Arrasmith
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answered on Nov 16, 2023

In California, if law enforcement obtains a search warrant for a specific item, such as a picture on your phone, and they find something else illegal during that search, it could lead to further legal consequences. The scope of a search warrant is generally limited to what is specified in the... View More

1 Answer | Asked in Education Law for Oklahoma on
Q: if a child is at school and throws a rock and it hits a vehicle who is responsible the parent or the school?

a child threw a rock and it accidentally stuck a vehicle during school under school supervision who is responsible for the cost of the damages?

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answered on Nov 14, 2023

if a child throws a rock and it hits a vehicle while the child is at school and under school supervision, the school district is typically responsible for the cost of the damages. This is because the school district has a duty to supervise its students and to take reasonable steps to prevent them... View More

1 Answer | Asked in Education Law for New Jersey on
Q: Can a school suspend my son if has an IEP

He has adhd,odd,anxiety,ocd, tourette and coordination problems

Stuart Nachbar
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Stuart Nachbar
answered on Nov 27, 2024

I don’t know how old your child is so this is kind of generalized;

In New Jersey, a school can suspend a student with an Individualized Education Program (IEP) for up to 10 consecutive school days, as long as the suspension is not considered a change in placement. The school district...
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1 Answer | Asked in Copyright, Education Law, Intellectual Property and Trademark on
Q: I am owning the domain names below servicenowpro.com servicenowgold.com i want to sell,any legal issues From servicenow.

I want to reachout to servicenow to sell this domains, i believe it may help them for future products and projects.

I don't know the legal things,

Please guide me

James L. Arrasmith
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answered on Nov 15, 2024

Your desire to sell these domain names to ServiceNow requires careful consideration due to potential trademark issues.

These domain names could be viewed as "cybersquatting" since they incorporate ServiceNow's trademark. The Anticybersquatting Consumer Protection Act (ACPA)...
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1 Answer | Asked in Child Support, Election Law, Gov & Administrative Law and Education Law for California on
Q: Can a teacher ask a 1st graders to openly state whom they support on presidential elections?

Teacher asked 1st graders whom they support Kamala or Trump and asked why.

My daughter was the only one who said she supports candidate X.

She had no knowledge about elections except what her mother said her without thinking a day before.

I worry now the daughter will be... View More

James L. Arrasmith
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answered on Nov 15, 2024

This situation raises serious concerns about appropriate classroom conduct and student privacy. Teachers should not ask young children to publicly declare political preferences, as this can lead to discomfort, potential bullying, and unnecessary division among students.

First graders are...
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1 Answer | Asked in Education Law on
Q: why cellphones are prohibited in school and what are the benefits of using social media in academic performance students
Tim Akpinar
Tim Akpinar
answered on Nov 5, 2024

This is not my field, but your question remains open for almost a month. This could be something that teaching professionals and people in instructional design might have the most insight with - that might be why the question remained open. One reason is the distraction they create. Social media... View More

1 Answer | Asked in Education Law for West Virginia on
Q: I skipped while in school, i had gotten into a wreck during school while skipping

I had been at school until about half the day and then i left school through a back door, and I was not the driver of the accident i was the passenger

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2024

A West Virginia attorney could advise best, but your question remains open for a month. Sorry about your accident. I hope you and everyone involved are okay. There wasn't a question, but it's likely you're wondering what your rights are? I hope you were not injured, but if you were,... View More

1 Answer | Asked in Criminal Law, Education Law and Health Care Law for California on
Q: I had a criminal record back 2007 but had been expunged last year will it hurt my work status?

Back in 2007 I was convicted wrongfully for 211 theft but I did the time then was released and dismissed but not completely since it still showed on my record when checked. But last year 2023 I was able to get it expunged I am working now and after a year of working with my employer my boss called... View More

James L. Arrasmith
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answered on Oct 31, 2024

Having your record expunged generally means that the conviction is set aside, and you can legally answer "no" when asked if you've been convicted of a crime. This should help reduce any negative impact on your employment. Employers are typically limited in how they can use expunged... View More

1 Answer | Asked in Immigration Law and Education Law for Texas on
Q: I have got dismissed from the university what should be my next steps as well as consequences

I have got dismissed from the university what should be my next steps as well as consequences

James L. Arrasmith
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answered on Oct 26, 2024

I'm sorry to hear about your dismissal. First, carefully review the official notice to understand the reasons behind the decision. Gather any relevant documents and consider if there are grounds to appeal the decision based on university policies. Reach out to your academic advisor or the... View More

1 Answer | Asked in Civil Rights, Communications Law and Education Law for Arkansas on
Q: My son goes to a charter school. They just issued “yonder pouches” for cell phones to keep locked away during school.

This is nowhere in the handbook and I feel as tho it’s not quite legal for them to lock away a phone that I technically own and pay for. Last week they didn’t unlock it for him and we had to break into the pouch to get his phone out. Is what they’re doing legal? I’ve had several issues with... View More

James L. Arrasmith
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answered on Oct 24, 2024

It's understandable to feel concerned about your son's school policy regarding cell phones. School administrations often implement rules to minimize distractions and maintain a conducive learning environment. However, the specific method they use, like locking away phones, should... View More

1 Answer | Asked in Real Estate Law, Domestic Violence, Education Law and Federal Crimes for Indiana on
Q: Ley en donde se tipifique el delito de Homicido en Indiana
James L. Arrasmith
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answered on Oct 20, 2024

In Indiana, homicide is addressed under the Indiana Code Title 35, Article 42. Homicide involves the unlawful killing of another person and is categorized based on the intent and circumstances surrounding the act. Understanding these distinctions is crucial for grasping how the law is applied in... View More

1 Answer | Asked in Education Law for California on
Q: Do APEX leadership company fundraising activities on public school campuses during school day violate Cal Ed Code 5120?

Apex Is a for-profit franchise business. They send representatives to the school for a 2-week fundraising campaign culminating in a fun run. During the campaign, Apex representatives come to each classroom daily to give presentations encouraging students to solicit monetary pledges from friends and... View More

James L. Arrasmith
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answered on Oct 18, 2024

It's important to understand that California Education Code 5120 regulates commercial activities on public school campuses. Apex's fundraising efforts during school hours could fall under this regulation, especially since they are a for-profit entity engaging directly with students and... View More

1 Answer | Asked in Education Law for California on
Q: California - Does my situation constitute false advertising / unequal access to education?

I am seeking legal advice regarding a situation at College involving a hybrid course that was advertised as flexible, with two hours of lecture and the rest of the work to be completed online at home. However, there are no online resources for remote work, and I’m now being required to attend... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry to hear about the challenges you're facing with your course. It sounds frustrating to have a program advertised one way and experience a different reality, especially when flexibility is crucial for your personal responsibilities.

In California, false advertising in...
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1 Answer | Asked in Appeals / Appellate Law and Education Law for Wisconsin on
Q: I was terminated from student teaching without being allowed a second chance. Is there a way I could appeal it?
Tim Akpinar
Tim Akpinar
answered on Oct 17, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry you were terminated. At this point, you could repost and add "Employment Law" as a category or reach out to employment law attorneys in Wisconsin. Although some questions go unanswered,... View More

1 Answer | Asked in Civil Rights and Education Law for Indiana on
Q: Is it legal for a principal to suspend a 504 child a total of 20s day then request a suspension hearing without a mdm?

A 9 year old with a 504 plan has been suspended a total of 21 times in less than 60 school days without a manifestation determination meeting. The principal is now recommending expulsion and is requesting an expulsion hearing be set. A manifestation meeting has not been set nor was it even... View More

James L. Arrasmith
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answered on Oct 15, 2024

It sounds like you’re facing a challenging situation with your child’s school. Under Section 504 of the Rehabilitation Act, schools are required to provide accommodations and ensure that disciplinary actions do not unfairly target students with disabilities. When a student with a 504 plan is... View More

1 Answer | Asked in Family Law, Education Law and Juvenile Law for California on
Q: 7under 30min/3 over/ 2 pick up early 1under hr 1 less 15 min 5yr autism rel. ignored & counted as truant

7 tardy under 30 min due to mental breakdowns on campus before school continues after starting bell

Three tardies more then 30 min 2/3 notified before school started . 1 due to my medication but wasn’t mentioned

And 2 registered for picking up early due to not being able to pick... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry you're facing these challenges with your child's school. It's important to ensure that your child's needs are properly recognized and accommodated. Start by reviewing your child's Individualized Education Program (IEP) to confirm that attendance and tardiness... View More

1 Answer | Asked in Communications Law and Education Law for Kansas on
Q: Can I record but not tell everyone I'm recording?

I live in Kansas and my son is having problems at school with a teacher. I'm wondering if I put a recorder in his pocket if he has to tell the teachers that he is recording this meeting.

James L. Arrasmith
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answered on Oct 11, 2024

In Kansas, you are allowed to record conversations as long as one party involved consents to the recording. This means that if you or your son are part of the meeting, you can legally record it without informing everyone else present.

However, schools might have their own policies regarding...
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1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Gov & Administrative Law for Missouri on
Q: can subpoena the judge that signed a warrant to raid my home & the cop that served it
James L. Arrasmith
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answered on Oct 9, 2024

You have the right to seek information through legal channels, but subpoenaing a judge can be particularly challenging. Judges are generally protected from being compelled to testify about their judicial actions to maintain impartiality and the integrity of the judiciary. However, there may be... View More

1 Answer | Asked in Education Law for California on
Q: Is there a California law about schools having to notify students or parents about awards/scholarships they have won?

I know there was recently a scandal about the National Merit Scholarship news being withheld from parents and students in Fairfax County, VA. A similar situation has happened to me in Southern California where the information was not given even though school officials knew about it. I am very upset... View More

James L. Arrasmith
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answered on Oct 8, 2024

In California, there is no specific law that requires schools to notify students or parents about awards or scholarships that a student has won. However, schools generally have a duty to act in the best interest of their students, and withholding such information could raise concerns about whether... View More

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