Education Law Questions & Answers

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

Q: I'm an unwed preschool teacher who's pregnant. The parents are unhappy & are pressuring me to resign. Can they do this?

1 Answer | Asked in Education Law for California on
Answered on Dec 27, 2018
Ali Shahrestani, Esq.'s answer
The key is what the school administration is doing about this. There are legal protections that may apply if you're fired because you're pregnant. See: https://www.dfeh.ca.gov/resources/frequently-asked-questions/employment-faqs/pregnancy-disability-leave-faqs/

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,...

Q: Can full time teachers open their own companies while teaching in public schools?

1 Answer | Asked in Education Law for California on
Answered on Dec 27, 2018
Ali Shahrestani, Esq.'s answer
I see no problem with that at all, as teachers are certainly permitted to have 2nd jobs. 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,...

Q: Can public schools make transgender students use private bathrooms only?

1 Answer | Asked in Education Law for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
See: https://www.aclu-wa.org/docs/rights-transgender-people-washington-state

See: https://kctransguide.org/your-rights-in-washington-state/

That sounds like a possible violation of WA State law re: allowing transgender people to use public restrooms. 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,...

Q: can i sue a school for mis handeling my federal student funds

1 Answer | Asked in Education Law for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
It depends on what you mean by mishandled. If they violated laws re: the disbursements, that's one thing. If they are refusing to release to you your funds for valid reasons such as non-enrollment, that's a different story. 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...

Q: broke her arm while at school on the play ground

2 Answers | Asked in Education Law for California on
Answered on Dec 23, 2018
Donald Arthur Hilland's answer
I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no compassion, nor concern about the children, nor do they care about the parents' loss. So don't expect the school to claim responsibility. California schools are involved in many lawsuits and they fight...

Q: can i take my special needs son who has an iep out of special school (public ) and place him in private school

1 Answer | Asked in Education Law for New York on
Answered on Dec 13, 2018
Michael David Siegel's answer
You can go wherever you want. You have to pay for the private school unless the IEP provides for it, but the IEP follows him wherever you choose to send him.

Q: Can public schools start the day with a "prayer-like" service? They claim to be honoring the US, but it's sketchy.

1 Answer | Asked in Education Law for Virginia on
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
There is really not enough information in your question. In Virginia, school officials may not impose prayers or organize prayer events, Additionally, a school's public meeting space or school auditorium may not be turned into a local church for religious celebrations.

The First Amendment protects the idea of prayer in public schools, but it also prohibits doing so in a way that can make anyone feel excluded. Students absolutely have the right to express their religious beliefs, but the...

Q: My kid refuses to go to P.E. Is there are legal way for me to get him out of it at his public school?

1 Answer | Asked in Education Law for New York on
Answered on Dec 7, 2018
Michael David Siegel's answer
Having a documented disability that prevents it, like a 504 plan.

Q: Can NYSED mandate the curriculum of a school that receives no state funds and doesn't award diplomas?

1 Answer | Asked in Education Law for New York on
Answered on Dec 3, 2018
Michael David Siegel's answer
If you are looking for a New York license, you need to follow the requirements. A "school" can be unregulated, like a religious school that meets on weekends. But if you are looking for the school to satisfy the education requirement that kids be in school, you need State licensing.

Q: My child attends a private middle school and just came out as gender-queer.

1 Answer | Asked in Education Law for New York on
Answered on Nov 19, 2018
Michael David Siegel's answer
None. Kicking out of school for that reason violates Federal and local law. If it happens, call a lawyer.

Q: Can you help my son he is been accused of touching another student?

1 Answer | Asked in Family Law and Education Law for North Carolina on
Answered on Nov 15, 2018
Amanda Bowden Houser's answer
You need to not make any statements to police or DSS and lawyer up. You can likely thank that ridiculous #metoo movement for all the fuss over a 7 year old boy touching a girl on the bus but yes, if the girl's story can not be immediately and conclusively disproved, suspensions, police and DSS involvement are all normal these days. If you are financially well off expect a civil suit as well. Bottom line, if he touched her in an inappropriate way, that was likely criminal and instead of it...

Q: Can I do activities with my child in school as a felon?

1 Answer | Asked in Family Law and Education Law for Florida on
Answered on Nov 8, 2018
Rand Scott Lieber's answer
That is up to the school.

Q: Do I have ANY legal right against the California Administrative Code Title 17, 6020?

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for California on
Answered on Nov 8, 2018
Louis George Fazzi's answer
Unless you can prove, through a medical doctor, that your child has a bona fide medical reason not to be vaccinated, you have no legal right to refuse to have your child inoculated. It is state law because everyone needs to be vaccinated in order to protect every child. There are no other legal reasons to risk your child's health, and potentially every other child's health, by refusing to vaccinate your child. There are sound medical reasons why the California legislature made vaccination of...

Q: I enrolled to high school with a b1b2 visabefore changing it to f1 am I eligible to change it now?

1 Answer | Asked in Education Law and Immigration Law for Minnesota on
Answered on Nov 6, 2018
Hector E. Quiroga's answer
You are in violation of your B1B2 status right now. Your best bet of having any hope of getting an F-1 is by dropping out of school.

Q: I need to contact a lawyer who specializes in education law - specifically ACT/SAT fraudulent practices - class action.

1 Answer | Asked in Education Law for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
It seems a little unusual that ACT testing would risk their reputation with illegal practices. That being said, if you have an actual class action suit, most litigation attorneys are eager to take class action suit. Especially, if the case has merit.

Keep in mind, you only need a single "class representative" to file a lawsuit. The problem is that you will need to have the Court to "certify" the class action before you can proceed. There is no exact number of plaintiffs to obtain...

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