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Education Law Questions & Answers
1 Answer | Asked in Education Law for New Jersey on
Q: Can a lawyer help with my daughter's college appeal for failing all 6 classes due to a system issue?

Only 1 teacher has agreed to work with my daughter to correct her grade. She was doing well before having to work on-line. She was not aware her teachers were not receiving her assignments and discussions thru the college system Blackboard. She received check-marks and assumed that meant she was... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 22, 2020

At this point, you may be better off reaching out to attorneys in the Education Law section (or attorneys you find on your own) instead of continuing to wait for a reply. If your daughter has academic advisors who are sympathetic, it could be worthwhile to reach out to them to discuss as well.... Read more »

1 Answer | Asked in Education Law for Georgia on
Q: Can a private school install cameras in a teachers classroom to record her teaching without her consent?

My wife is a teacher and her school (private) has installed cameras in the classroom to record her teaching and broadcast it for parents and students to watch. Is this legal? Should the school have consent from her or do they not need consent to do this? Don't the parents of the children need... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 20, 2020

The private school does not need the consent of your wife to have cameras in the classroom to record activity. While it would be preferable to get her consent, consent is not required. The same goes for the students.

We wish you well.

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

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can a parental request for student retention, due to "maturity" concerns, be denied by a public school system?

Student in question has appropriate academic and behavioral data to promote to next grade level.

Jennifer Price
Jennifer Price answered on Jul 17, 2020

Yes, courts have allowed school districts to override parental desires to retain a student if data supports the school's decision to promote him/her to the next grade.

1 Answer | Asked in Education Law and White Collar Crime for New Jersey on
Q: The mother of my stepson's daughter entered an abusive relationship with another man.

My stepson called DYFS and they now have an open case. This man went on and beat her and ended up in jail for DV. She initially filed a restraining order to boot. She then reneged and continued the relationship with him. He convinced her to drop the order and her charges. The state of NJ still has... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jul 15, 2020

This is not an Education Law Question. This should be in Family Law and/or Criminal Law. Education deals with School districts, tenure etc. Please re-post in proper group to get a proper and accurate response.

1 Answer | Asked in Education Law, Small Claims, Family Law and Child Support for California on
Q: How do I let my school know I got kicked out of my house at 14 and I don't live there anymore?
Chris M. Bradford
Chris M. Bradford answered on Jul 12, 2020

Go to the administration building of the school and tell them. If you have guardianship over you, tell the school about that too.

2 Answers | Asked in Personal Injury and Education Law on
Q: Can a university ask students to sign a waiver (COVID) if not signing puts their registration on the line? (coercion?)

Our university has asked students to sign a waiver in order to return to campus in the fall. Those who sign the waiver relinquish their rights to sue the university or claim compensation if they get sick and/or die of COVID-19. Failure to sign the waiver means a student will have their student... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

You raise good questions, but the validity of the waiver might be something requiring the ruling of a court. As a general premise, waivers against injury tend to be frowned upon by courts as a matter of public policy. Another issue is that even if a waiver was upheld, lawsuits based on COVID-19... Read more »

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1 Answer | Asked in Education Law, Criminal Law and Constitutional Law for Nevada on
Q: Hello, In Nevada can you open carry a firearm on public school grounds during the summer when the school is closed?

The high school by my house has a sign allowing people to use the track for exercise and dog walking. I use the track in the summer when schools out. Usually at 11:00pm-1:00am, so I like to have a firearm on me. Is this allowed since the school is closed for several months, and it’s in the... Read more »

Malcolm P. LaVergne
Malcolm P. LaVergne answered on Jul 8, 2020

No. See NRS 202.265. This statute does not have an exception for the time of day. The track is part of school property for any Nevada public school I know about. You can face a criminal charge for being on school property with a gun at any time. It's a gross misdemeanor, and you can face up to... Read more »

1 Answer | Asked in Education Law for California on
Q: Is a private flight University in California suppose to inform the students if there are any covid cases in the school?

As many student are concern here is that we know in our part 141 flight school is qurentining the student that have it might have the COVID19 in their room but no information are given out to the other healthy student so that we can be more aware ourself.

Myself and few other student are... Read more »

Raul Jauregui
Raul Jauregui answered on Jul 4, 2020

We considered something similar to that issue some time ago in this post which might guide your research. https://www.studentmisconduct.com/news/what-happens-if-i-tell-my-school-that-i-tested-positive-for-coronavirus-or-covid-19

1 Answer | Asked in Education Law for Indiana on
Q: For children whose parents don't want them to return to the classroom this fall, the school is offering online learning.

However, those who choose this option are denied access to extracurricular activities. Is there a legal remedy for this?

Joel D. Hand
Joel D. Hand answered on Jul 1, 2020

The short answer is, probably not. Extra curricular activities are not considered to be a part of a student's right to a public K-12 education. It is my understanding that the Indiana High School Athletic Association (IHSAA) changed its guidance this last Friday to allow for a case-by-case... Read more »

1 Answer | Asked in Child Support, Education Law and Family Law for Alabama on
Q: Is there a way to have child support payments adjusted for a 15 year old who’s mother will not put him in school?

My husband has paid child support for his son, who is 15 years old, for the last 14 years, as ordered. The mother no longer adheres to the visitation they set In court. The mother refuses to enroll the child in public, private, or homeschool. The child has also been living back and forth between... Read more »

Kristine Jones
Kristine Jones answered on Jun 30, 2020

Hello. He has a right to take her back to court and enforce the orders in place for his visitation, school, etc. To answer your question about child support payment adjustment, no. The child is entitled to his parent's financial support until he is 19 years old, joins the military, or becomes... Read more »

1 Answer | Asked in Education Law and Employment Law for New York on
Q: My employer refused me to return to work due to my school schedule. They told me to resign when I did not wan to

What impact will this have on my filing for unemployment benefits?

Jacob David Verchereau
Jacob David Verchereau answered on Jun 29, 2020

Generally, when you resign voluntarily you do not qualify for unemployment insurance. However, under these circumstances, you could still file a claim. If your employer does not contest your claim, you will likely receive unemployment benefits. If the employer does contest your claim, you could... Read more »

2 Answers | Asked in Appeals / Appellate Law and Education Law for North Carolina on
Q: I am a student at college and they believe I have cheated on an assignment, should I plead guilty or take a hearing?

I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 28, 2020

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... Read more »

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1 Answer | Asked in Education Law for California on
Q: Is using a telephone voicemail message as an evidence is legal in CA!!

I am using this for educational matter. A professor left me a telephone voicemail message. Then have dismissed me. I am currently writing an appeal and wondering if I can using and voicemail as an evidence

Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

I am not aware of any prohibition against using the voicemail message as evidence. Wiretap recordings are prohibited because they are made without the knowledge of at least one party to the conversation, but a voicemail is deliberately and knowingly left on a recording device. It is the same as if... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a school district in California make you live stream your lessons to provide access to online learning students?
Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

It depends, on the terms of your contract and the CBA or MOU with the teacher's union for the district. So much more information is needed that it is not possible to provide a more definitive answer. As a member of the teacher's union, you can file a grievance if you believe the... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for Indiana on
Q: I spent 5th grade with my mouth literally taped shut using 2” masking tape.

With I’m sure toxic glue as it was the 90’s, while the teacher encouraged the class to mock and make fun of me. I want to sue Demotte Elementary School, which is Kankakee Valley School Corp., I’m dead serious and will find representation somewhere. Most of those classmates are still residing... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 26, 2020

It would be best for an Indiana attorney to advise, but you await a response for four weeks. You ask about what type of lawyer? A personal injury lawyer, preferably one with insight into the education system. But you are looking at a very formidable challenge in terms of the timeline here. I'm... Read more »

1 Answer | Asked in Education Law for California on
Q: Can a private elementary school require us to sign a release before our eight year old son returns in the fall?
Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

It depends on the language of the proposed release. You should contact a contracts or School Law attorney in your local area for a full consultation.

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1 Answer | Asked in Civil Litigation, Contracts and Education Law for Arizona on
Q: Do I have any legal recourse? My school publicized my personal and academic Information, SSN, photos, etc

My social security number, address, photos, transcripts, academic rank and deans letter we’re all accidentally made public through my school’s shared folders. I found out via a current student, and later received an apology from the Dean, as well as an assertion that the problem was fixed.... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 23, 2020

I am sorry to learn of your situation. It seems to me the basic federal law for you to seek remedy is FERPA which you can find here, https://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html. There's also a mechanism for filing complaints here,... Read more »

1 Answer | Asked in Education Law for California on
Q: I cannot find anything about the placement procedure when a high school teacher’s subject has been reduced by one sectio

And this teacher has the most seniority in that dept We are a district of 1 high school and 5 k-8s

What is the protocol when a teacher loses one section of her assignment?

Maurice Mandel II
Maurice Mandel II answered on Jun 22, 2020

You should contact your Union to discuss this. Part of this is governed by the union contract and part of it is governed by the Ed Code. Union should be able to advise you on both.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Civil Litigation, Education Law and Gov & Administrative Law for California on
Q: If I get disbarred from DoDEA school can I get a government job still?

was not asked

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Please remember this is a public forum and you could be posting things today that you regret tomorrow. Sorry to hear that you are having these problems. Your actual question: "Can I get a job still?" cannot be answered with the information you provided, and it calls for predicting the... Read more »

1 Answer | Asked in Copyright and Education Law for Michigan on
Q: I would like to show my video analysis of propitchers in a certification and continuing ed course. Can I do this legally

I am creating a continuing education program and certification for strength and conditioning coaches and rehabilitation professionals on training and rehab of the throwing athlete. I would like to show video analysis of voiceover style videos featuring professional pitchers to demonstrate proper... Read more »

Kathryn Perales
Kathryn Perales answered on Jun 19, 2020

You should get permission from the copyright holder of the video - could be the videographer or their employer, or ESPN... In my opinion what you are describing would not pass a fair use test. You might also need permission from the athlete in the video, depending on state law.

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