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Education Law Questions & Answers
3 Answers | Asked in Bankruptcy, Consumer Law and Education Law for Florida on
Q: Are debts to a school considered student loans under bankruptcy code?

Hello, I had a couple of student loans returned back to the federal lenders 2yrs ago when i was forced to withdraw from a semester at my university due to severe health issues. As a result, i incurred a debt with the school for the amount of the loans that we returned. I was trying to understand if... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Yes, I believe they are considered student loans for bankruptcy purposes.

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1 Answer | Asked in Education Law and Personal Injury for Ohio on
Q: My 11yr old son came home from school Thursday telling me that the teacher/councilor locked him in a room

Wouldn't let him out he was terrified so he wrote SOS on paper and held it up to the window they also called the police on him all this for just getting a attitude.

Dimitrios Makridis
Dimitrios Makridis answered on Jan 15, 2020

Give Albeit Weiker (in Columbus, Ohio) a call. Best education lawyers I know. http://www.awlawohio.com/

1 Answer | Asked in Education Law for New Jersey on
Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state
Stuart Nachbar
Stuart Nachbar answered on Jan 12, 2020

This question was recently asked and I posted the following: Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in... Read more »

1 Answer | Asked in Education Law for New Jersey on
Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state
Stuart Nachbar
Stuart Nachbar answered on Jan 11, 2020

Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in their District. Attorneys raise such cases (from outside... Read more »

1 Answer | Asked in Education Law for Ohio on
Q: Can a teacher deduct a grade legally to attend another classes concert after their

Can a teacher make a child attend another classes concert after her own and if she doesn't she will lower the grade? is that legal?

Tim Akpinar
Tim Akpinar answered on Jan 9, 2020

An Ohio attorney could advise best, but your question remains open for some time. The matter would likely be governed more by school policy than any actual law. Good luck

Tim Akpinar

1 Answer | Asked in Child Custody and Education Law for Georgia on
Q: Kinship affidavit versus PoA

My son is a 14 year old terror right now (stealing, lying, drugs, etc) I, his mother am married with 4 kids of my own. The oldest is 17, then the 14 yr old and a 4 & 3 year old. I have had to kick him out of my house because of unmentionable actions, that I am seeking residential treatment centers... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

The circumstances of your case are unfortunate. In this case, temporary guardianship seems appropriate. Temporary Guardianship is usually filed in Probate Court; this will allow your brother to register your son for school in the district where he resides. It is best to contact an attorney who can... Read more »

2 Answers | Asked in Education Law for Georgia on
Q: I would like to go to nursing school or have a professional lisence abling me to get out of poverty with my children. I

I have a florida grand theft withheld of adjudication from over 7 years ago. Ga now requires level 2 background checks. Is there any way I can be forgiven for my past so my kids future can be better

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 7, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Education Law, Employment Discrimination and Employment Law for Ohio on
Q: Does 17 year old- whom has graduated from high school have to follow the normal 4109 rules (wage, hours, work permit)

For example, would that 17 year old need a work permit even though they are already in college? Will the work hours limit still apply?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 31, 2019

Under federal law, there are no restrictions on when and how much an employee may work once he or she turns 16. However, 16 and 17 year-old employees are restricted from performing certain hazardous jobs, such as operating heavy machinery or handling dangerous chemicals. Additionally, if an... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: If a public high school refuses to or neglects to conduct the pledge of allegiance each morning, what can be done?

It is a requirement according to state law (Maryland) and the county Administrative procedures. Is there a way to force the school system to follow these laws?

Mark Oakley
Mark Oakley answered on Dec 20, 2019

I have not looked up the statute or regulations on this subject, but assuming your understanding of the law is correct, I would think directing your complaint to the Maryland State Department of Education would be the route to go, as well as possibly raising the issue with your local Maryland State... Read more »

1 Answer | Asked in Education Law for Kentucky on
Q: We are doing a school project on a trial run on insane people...any tips?
Tim Akpinar
Tim Akpinar answered on Dec 19, 2019

If you're asking in the context of the law, it is a very broad subject unless you narrow it down. Insanity could be raised as a defense in criminal prosecutions. Mental health can be an issue in terms of capacity to enter into legal enforceable contracts. It could be an issue in executing legal... Read more »

1 Answer | Asked in Education Law and Employment Discrimination for Pennsylvania on
Q: Can I be presumed guilty of an anonymous allegation of drinking on the job with no investigation?

I was anonymously accused of drinking at my teaching job. I was forced to leave my room, with all of my belongings. No administrator attempted to speak with me to ascertain if the allegation had any validity. I was then requested (required) to go to an ER to have an alcohol level blood test... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

Sounds like it would violate most union agreements. Contact your union. If you don't have one, contact an attorney who handles employment issues in your area.

1 Answer | Asked in Education Law for Texas on
Q: what is the difference from first party and second party
Tim Akpinar
Tim Akpinar answered on Dec 16, 2019

In simple terms, it could distinguish the practice of handling a claim through one's own insurance (first-party) or through an outside insurance (third-party). In civil procedure, the terms could be used in new designations for the parties when people who were not part of the original action are... Read more »

1 Answer | Asked in Education Law for Georgia on
Q: What rights are violated for an IEP student that is being harassed & bullied by an educational professional?

Driver grabbed & pulled from his seat (others too), & yells at my child, humiliated, embarrassed, shamed, has had excessive/extreme behavioral "interventions" that are used for kids that are a threat to himself/others, Retaliated after a complaint by confronting child, told his punishment was due... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 13, 2019

Your circumstances are unfortunate. It is best to contact an Education Law Attorney to discuss the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Domestic Violence, Education Law and Juvenile Law for Georgia on
Q: My son is getting bullied and harassed in school. I talked to the principle and it is still continuing. can i press char

There is a gang in the school were my son is getting bullied and harrassed. The leader of the gang keeps approaching him with treats of gang jumping him and fighting. The leader is 13 and the members are 12 or so. Can i press charges against him and the school since i have had a meeting with them... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 9, 2019

The short answer is yes. However, it is important that you contact an attorney as soon as possible to discuss the specifics of your case. We are more than glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law and Traffic Tickets for Georgia on
Q: Can you get in trouble for a burnout (spinning tire) you did at a school on the weekend
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 9, 2019

The short answer is yes. It is best to consult an attorney who can assist you with the specifics of your case. We are glad to assist you. Contact us soon.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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 Employment Discrimination, Employment Law, Civil Rights and Education Law for California on
Q: Can an employer hire you as a 1:1 instructional aide and assign you to do the work of a behavioral aide?

The pay is the same and both are classified positions in public schools. However, the job descriptions have a bit of overlap but are mostly different and the behavioral aide role requires specific training, skills, and direct communication with behavioral specialists among others. Is it legal to... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

I suggest that you talk to a manager in your Human Resources (HD) department and explain your situation. Since you are working for a public entity (although you have not indicated whether you are in permanent status yet), you should be able to consult with HR about your specific position and its... Read more »

1 Answer | Asked in Civil Rights and Education Law for Ohio on
Q: Can I move out of my house at 18 if im still in school but I would be looking to do online school so I can work
Mark A. Weiker
Mark A. Weiker answered on Nov 24, 2019

Yes, you can. You would need to transfer to an online school and provide your current school with the information needed to effectuate the transfer. Your parents may still have access to your education records if you are a dependent for tax purposes. Good luck--and make sure to finish!

1 Answer | Asked in Education Law for Ohio on
Q: In Ohio, can 18 year olds call themselves in sick and/or sign themselves out to go home when they are sick?

I am a secretary at an Ohio High School and I often get 18 year old seniors who want to sign themselves in/out or to call themselves in sick without notifying a parent. Our school policy has always been that we must talk to a parent regardless if 18. I can't find anything on the ODE website on... Read more »

Mark A. Weiker
Mark A. Weiker answered on Nov 24, 2019

Good question. Under federal law, educational rights (and responsibilities) transfer to the student when they turn 18, even if they are still in school. So a student can sign themselves out or report their own absences once they turn 18. However, an exception to this FERPA rule allows schools to... Read more »

1 Answer | Asked in Education Law for Ohio on
Q: Is it illegal for a teacher to post pictures of their students on social media without consent in Ohio?
Mark A. Weiker
Mark A. Weiker answered on Nov 24, 2019

The short answer is probably not.

First, there is no illegality for teachers of private schools in this scenario. Private schools and their teachers are typically not covered by student privacy laws. There may be school policies that prohibit the sharing of student identities online, but...
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