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1 Answer | Asked in Collections, Education Law and Legal Malpractice for Ohio on
Q: I have a University that keeps filing suits, and I don't know at all about them until my name is found online. It's bad.

They have apparently filed to take my chance of owning land in my county, and have recently tried to take my wages and have them garnished. I'm a disabled individual since 2011. I haven't received any mail from them since they kicked me from their school. I only know about these things... View More

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. Find out what the suits are for, either on your own or through an attorney. Consider consulting with an attorney to learn if you have viable defenses that might be cost effective to pursue in terms of the initial... View More

1 Answer | Asked in Education Law for Michigan on
Q: My brother made a diss track against a kid and posted it on YouTube the got suspended, can the school do that?

The kid in the diss track said my brother could make it and my brother has a disclaimer on the video saying it was a joke. When he tried to explain it to the school they got mad at him and suspended him for 3 days for cyber bulling, the only line in the whole thing that could be bulling is telling... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

The Constitution does not extend in equal fashion to minors in a school setting. No, kids cannot do what adults may be able to do in a school setting and go unscathed. Doesn't matter what the other kid did if your brother initiated it.

1 Answer | Asked in Education Law and Employment Law for Maryland on
Q: I’m being paid less than my counterparts due to education differences. Is this illegal?

The job function and responsibilities are the same

Todd B. Kotler
Todd B. Kotler
answered on Dec 13, 2023

No, differences in education create circumstances where you and your counterparts are NOT similarly situated. That is an entirely defensible difference upon which to base compensation. Totally legal.

1 Answer | Asked in Education Law for Alaska on
Q: If my friend robs someone and I'm unaware and I shoot the person believeing they were going to shoot me can I be held

This is for a friend

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

An Alaska attorney could advise best, but your question remains open for four weeks. You should repost under Criminal Law; this is not an education law (the posted category) matter. It might still go unanswered, but you'd have a better chance of a response under the new category. Good luck

1 Answer | Asked in Family Law and Education Law for Texas on
Q: Can a high school teacher force a student to sign themself out of school and leave campus as a minor?

Kid in question is a good kid from a good home that the teacher for some reason has just never liked.

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

No, a high school teacher does not have either the legal authority or the practical ability to do that.

1 Answer | Asked in Civil Litigation, Education Law, Employment Discrimination and Employment Law for New Jersey on
Q: In a title 7 federal civil rights law suit what are the rules of law

I’ve been a state employee in NJ who has been reporting civil rights violations and just recently received a letter from the EEOC stating that my civil rights have been violated

Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

This question only contains enough information to advise that this person needs to meet with and hire a NJ attorney who specializes in civil rights law. An attorney needs to read that letter if it is a "right-to-sue" letter, Title VII claims must be filed 90 days from the date the... View More

1 Answer | Asked in Education Law for Ohio on
Q: Can a HS athlete, with enough credits, graduate 1 semester into their senior year? To attend college early?

Child has a full 4 year athletic scholarship at a Power 5 University. They want child to come in January to train. Start classes there. She could graduate end of junior year but wants to play her sport her senior fall. She can get more credits her senior year and has more than enough to graduate... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 15, 2023

I recommend you contact in order the school principal, the superintendent then the State Department of Education for your answers. The DOE may have your best answers

1 Answer | Asked in Civil Rights and Education Law for Mississippi on
Q: Is it legal for teachers to lead prayer before lunch everyday?

Teachers at our sons public school lead prayer everyday before lunch and maybe more but that’s all I know about at the moment. We are not affiliated with that religion so we do not want our son being unwillfully subjected to this. While we respect the religion we don’t condone him being put in... View More

James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the Constitution's First Amendment, which includes the Establishment Clause, generally prohibits public school teachers, who are government employees, from leading prayers in public schools. The U.S. Supreme Court has consistently held that public schools cannot sponsor... View More

1 Answer | Asked in Criminal Law, Family Law and Education Law for Florida on
Q: How should a parent approach a daycare for neglect?

The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 10, 2023

Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF).... View More

2 Answers | Asked in Education Law and Personal Injury for Florida on
Q: Can I sue a college for not keeping up with residential maintenance.

I live on campus and I’ve had to move dorms 1ce so far thinking about doing it again. The first dorm I was in I had ac blasting in my face at night around 60° and heat during the day which would go up to 75° that I could not control. It would disrupt my sleep schedule and led me to get sick.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 9, 2023

To determine your rights and remedies, your contract/lease with the college must be reviewed. Start by reviewing it yourself and see if there is any verbiage regarding maintenance/repair issues, as well as any verbiage on any steps you must take in the event of any dispute or complaint. Then... View More

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1 Answer | Asked in Education Law for California on
Q: My child is in TK and is scared to go to school because another classmate has scratched and hit her. What can I do?

This other student has hit his teacher and slapped a parent volunteer along with hitting other students too.

James L. Arrasmith
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answered on Nov 9, 2023

I'm sorry to hear your child is having a difficult experience in TK due to the behavior of a classmate. Here are some steps you can take:

- Document everything. Keep detailed records of when incidents occurred, who was present, and any injuries. Photos of scratches or bruises can help....
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1 Answer | Asked in Business Law and Education Law for Tennessee on
Q: We are a jr high and high school Fishing team for 2 counties in TN. Do we qualify for Exempt School Org?

We want to start a 501C3 nonprofit for the funding.

James L. Arrasmith
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answered on Nov 9, 2023

To determine whether your fishing team for junior high and high school students qualifies for an Exempt School Organization status, you will need to review the requirements set forth by the IRS for educational organizations. This typically involves the organization being associated with an... View More

1 Answer | Asked in Education Law for Washington on
Q: Can a Jr. High school search a minor due to her passing out in school in Wa state after parent informed school of reason

Teenager felt sick at school so they decided to search her. Another day she passed out. School decided to search her again and both times they asked if she was doing drugs. They had already been informed that she hasn't been eating like she should due to others saying she was fat. She only... View More

James L. Arrasmith
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answered on Nov 9, 2023

In Washington state, public schools have the authority to search students if there are reasonable grounds for suspecting that the search will yield evidence that the student has violated or is violating either the law or the rules of the school. However, the scope of the search must be reasonably... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Education Law for Maryland on
Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?

On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and... View More

James L. Arrasmith
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answered on Nov 8, 2023

If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a... View More

1 Answer | Asked in Education Law for California on
Q: Does my son get compensation from the speech therapy not offered to him in a public school during COVID-19?

The lisp continued to get worse.

James L. Arrasmith
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answered on Nov 8, 2023

In California, public schools are required to provide students with the necessary special education services, including speech therapy, under the Individuals with Disabilities Education Act (IDEA). If your son was denied speech therapy during COVID-19, you may have the right to seek compensatory... View More

1 Answer | Asked in Criminal Law, Employment Law, Education Law and Federal Crimes for Texas on
Q: What to do when someone threatened to blackmail someone on something that isn’t true?

My girlfriend is a teacher at a middle school and has a TikTok with a lot of followers. Last night we were at IHOP with some friends and she made a comment about some names given to people will lower their chances of getting hired in the future. It’s literally a fact on google. So today someone... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

The only concern would be DEFAMING someone. That is when you say a false statement about someone. Truth is always available to publish or say out-loud.

LMK if you need more info.

I hope this helps.

1 Answer | Asked in Education Law for New York on
Q: Participation in NSLP, Title I, Transportation, and MSA for Nonpublic Schools with Non-Equivalent Secular Curricula

I am looking to understand the eligibility of a nonpublic school in New York State for various state and federal programs. The school in question does not offer a secular studies curriculum at all.

I am particularly interested in the following programs:

National School Lunch... View More

James L. Arrasmith
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answered on Nov 4, 2023

Eligibility for state and federal education programs often includes specific requirements that schools must meet, which can include curriculum standards. For the National School Lunch Program, the focus is primarily on economic need and compliance with program regulations, not curriculum.... View More

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law, Small Claims and Education Law for Oklahoma on
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?

My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she... View More

Timothy Carignan
Timothy Carignan
answered on Nov 3, 2023

There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't,... View More

3 Answers | Asked in Juvenile Law and Education Law for Minnesota on
Q: I have a 12 yr old sixth grader. Has mental illness p.t.s.d. and more. Can he be charged with assault?

Has a I.E.P and behavioral plan. The public schools do not know how to regulate a child with disabilities. So he has always struggled in school. Wright county is trying to charge him with 4th degree assault on a officer (felony) and 4th degree assault on school staff.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 3, 2023

Can a delinquency petition be filed? Yes. Is your child going to be adjudicated delinquent? That is impossible to predict with the information that is provided in this question. But the Court will certainly take into consideration any mental health issues and appropriate programming when... View More

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1 Answer | Asked in Education Law for Florida on
Q: Florida. Does a private school issuing an addendum mid school year constitute a breach of contract.

My child's school offered free transportation the first few years they were open. This year mid way thru they decided to charge a 200 dollar a month fee I cannot afford. If there is no legislature governing private schools then changes to the handbook should not be made mid year but before... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2023

Assuming there is no written contract, and unless the handbook specifically states that it will not be changed mid-year, the school probably can get away with the change.

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