Education Law Questions & Answers

Q: So in the Meyer v Nebraska case why was it ruled unconstitutional and what evidence did they have to prove that

2 Answers | Asked in Civil Rights, Constitutional Law and Education Law for Texas on
Answered on Feb 7, 2019
Gary Kollin's answer
Cool Simon. They deal with assignment is for you to do the work not to ask someone else to do it for you.

This is a public forum. I hope for your sake that your teacher does not also utilize this forum and discover your question.

This sounds like a violation of the honor code to me

Q: student loan

1 Answer | Asked in Collections, Education Law and Identity Theft for New York on
Answered on Jan 30, 2019
Michael David Siegel's answer
Deny everything in writing. Call the US Department of Education to report the fraud as well.

Q: I was charged with terroristic threats and offered PTI because that’s what my public defender told me would be the best.

2 Answers | Asked in Criminal Law and Education Law for New Jersey on
Answered on Jan 29, 2019
Leon Matchin's answer
Your best bet is to hire a private attorney to take the case to trial because sounds like the public defender's office doesn't feel that they want to spend their time taking your case to trial for whatever reason. If you have a budget for a private attorney then that's your best bet. Good luck!

Q: What options do I have to get The College Board to honor a legal name change for student records?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
Why not simply provide the colleges to which you are applying a copy of any court order showing your legal name change, which should state the old name and the new name, when providing them a copy of old documents and records? The College Board policy seems reasonable enough so that it does not create a significant burden for them to worry about changing names on records that are older than 4 years. It's a private, non profit organization, and when you take tests through the College Board, you...

Q: I have no collection accounts on any of my credit reports but I'm considering filing for bankruptcy, is it right for me?

1 Answer | Asked in Bankruptcy, Civil Litigation, Civil Rights and Education Law for Arizona on
Answered on Jan 25, 2019
Timothy Denison's answer
You need to consult a local bankruptcy attorney. Many student accounts are federally insured and your debt may be non-dischargeable as most student loans are. You need a lawyer to delve into this deeper and determine whether your debt is dischargeable!

Q: GOOD AFTERNOON IS THERE A SPECIFIC LAW FOR A PERSON HAS A RIGHT TO A FAIR EDUCATION ???

1 Answer | Asked in Education Law for California on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
An education attorney is what you may need. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court

1 Answer | Asked in Divorce, Family Law, Child Custody and Education Law for Ohio on
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.

Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on
Answered on Jan 23, 2019
Gary Kollin's answer
You can file a document called a Declaration of Domicile. Check with the county clerk's office

Q: My tuition remission was revoked when my dad was suddenly laid off. Without it, I will drop out of school. What can I do

1 Answer | Asked in Education Law, Contracts, Employment Law and Employment Discrimination for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: Are adult convicted felons allowed onto school property in the state of Tennessee?

1 Answer | Asked in Education Law for Tennessee on
Answered on Jan 15, 2019
Anthony Marvin Avery's answer
Usually they have a right to go there unless they are Registered Sex Offenders.

Q: What is the statue of limitations in cases that involve special education?

1 Answer | Asked in Education Law for Ohio on
Answered on Jan 14, 2019
Lori E. Arons' answer
The Statute of Limitations in special education matters is two years from when the parents "knew or should have known" about the violation(s), and the remedy is not limited to the two year period preceding the filing, rather the entire period of the violation may be remedied so long as a petition was timely filed.

Q: Based on the information below, is this discrimination or a violation of the Americans with Disabilities Act?

1 Answer | Asked in Civil Rights, Business Law and Education Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the accommodation take away any time for you to study for the CSET? I don't see anything problematic here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...

Q: Are school officials allowed to communicate with parents of students who are 18+ about behavior or grades?

1 Answer | Asked in Education Law for New York on
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
Great question. Private schools might operate via contracts and consent forms. Public schools operate under statutory law, and in NY the age of majority is 18. Thus technically, absent a consent waiver to communicate with others, public school administration and faculty should be communicating only with the adult student about school records. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as...

Q: concerning a notice of claim against ny school district when does the 90 days run out if the injury occurred on 10/6/18

1 Answer | Asked in Education Law and Personal Injury for New York on
Answered on Jan 9, 2019
Peter N. Munsing's answer
90 days from then. There may be exceptions--if you are over the time limit but they were aware of it you may have an out. Contact a member of the NYState Trial Lawyers Assn in your county immediately--as in today! They give free consults.

Q: My public school is having a school sponsored dance but they are only allowing females to attend. Is this legal?

1 Answer | Asked in Civil Litigation, Education Law and Civil Rights for Michigan on
Answered on Jan 9, 2019
Brent T. Geers' answer
Unless they are prohibiting the organization and sponsorship of a similar male-only dance, I'm not sure there is a violation here.

Q: A teacher at a school yelled in my daughter face and my daughter pushed the teacher now they are pressing charges what..

1 Answer | Asked in Criminal Law and Education Law for Georgia on
Answered on Jan 4, 2019
David Edward Boyle's answer
Your daughter's case for battery will be in juvenile court where she likely only faces probation even if she is convicted. A more pressing outcome is that she will likely be suspended from school for 10 days and then expelled under the school's zero tolerance program. I would strongly encourage you to hire a lawyer to represent her.

Q: is it possible for say a judge to force someone who is 17 years old to go to school

1 Answer | Asked in Education Law for New York on
Answered on Jan 3, 2019
Ali Shahrestani, Esq.'s answer
See: https://www.schools.nyc.gov/school-life/rules-for-students/attendance

Also see: http://www.p12.nysed.gov/sss/pps/educationalneglect/

"Per Part One of Article 65 of the New York State Education Law, Section 3205(1)(c), the following age requirements apply:

A child must attend full time instruction from the first day school is in session in September if he/she turns six years old on or before the first day of December of that school year. Please note: The school year...

Q: student loan forgiveness

1 Answer | Asked in Consumer Law, Collections and Education Law for New York on
Answered on Jan 2, 2019
Michael David Siegel's answer
Call the US Department of Education

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