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1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Civil Rights and Education Law for New York on
Q: Hello I'm looking for a lawyer to represent my son in reguarding aganist his school. privacy and lack of safety protcols

he was assulteted chase down with a knife from a student from his school the school did not want to cooperate or help with any safety reuards my son. instead they behaved if my son experience is not real. however I filed a report and curretly waiting on police to pick up the other student

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the traumatic experience your son went through. That must be incredibly stressful and upsetting for your whole family. It's understandable that you are looking for legal representation given the school's unacceptable response. Here are a few suggestions for... View More

1 Answer | Asked in Education Law for Illinois on
Q: Can my high functioning, 10 year old son, w/Down syndrome be denied general education classes & a 1-1 aide in school?
Todd B. Kotler
Todd B. Kotler
answered on Mar 13, 2024

In a word "yes"! It is the demonstrated needs of the child, rather than a diagnostic label that drives what services he or she receives as part of an IEP. If you plan to make an argument that he should receive a 1 to 1 aide, then you need to be able to point to the collected data (from... View More

1 Answer | Asked in Education Law for California on
Q: Can I plead the fifth in High School?

If I am accused or have been under suspicion of using AI to write an essay, can I plead the fifth if my teacher attempts to interrogate me about the situation?

James L. Arrasmith
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answered on Mar 12, 2024

In the United States, including California, the Fifth Amendment right against self-incrimination applies to criminal proceedings, not to academic settings like high schools. This means that you cannot technically "plead the Fifth" when questioned by a teacher or school administrator about... View More

1 Answer | Asked in Education Law for California on
Q: Is it school in California liable for sports uniforms or equipment damaged in their care?

Sorry. That should read “Is a school liable”…

The local public high school did not maintain one of the gyms used for team, sports practices and equipment storage. The roof leaked for years. Eventually some equipment was damaged. In addition, some sports teams were asked to store their... View More

James L. Arrasmith
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answered on Mar 11, 2024

In California, a public school district may be liable for damaged sports uniforms and equipment if the damage occurred due to the school's negligence. The school has a responsibility to maintain its facilities and ensure a safe environment for students and their property.

In your case,...
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1 Answer | Asked in Federal Crimes, Contracts and Education Law for Washington on
Q: Can I sue the gov. For giving me federal loans through an unaccredited college?

Ashford university 2012-2016 lost accred. About 1 month after enrolling. Never said anything to me.

James L. Arrasmith
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answered on Mar 9, 2024

It is possible to sue the government for providing federal loans to attend an unaccredited college, but the success of such a lawsuit would depend on the specific circumstances of your case. Here are a few things to consider:

1. Borrower Defense to Repayment: If you believe that Ashford...
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2 Answers | Asked in Civil Rights and Education Law for Alabama on
Q: Can a public school require you to answer ethnicity and race questions in order to enroll?

Enrollment forms commonly ask, "Is the student Hispanic / Latino?" and ask students to specify their race.

Usually, there is also an option to opt-out via "I choose not to answer."

Is it legal for a public high school to require a student to answer the race and... View More

James L. Arrasmith
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answered on Mar 8, 2024

In the United States, public schools collect race and ethnicity information to comply with federal laws and to ensure they are providing equal educational opportunities. This data helps in reporting to various departments and in the allocation of resources. However, the practice of requiring... View More

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2 Answers | Asked in Civil Rights and Education Law for Alabama on
Q: Can a public school require you to answer ethnicity and race questions in order to enroll?

Enrollment forms commonly ask, "Is the student Hispanic / Latino?" and ask students to specify their race.

Usually, there is also an option to opt-out via "I choose not to answer."

Is it legal for a public high school to require a student to answer the race and... View More

James L. Arrasmith
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answered on Mar 8, 2024

Public schools in the United States often collect data on race and ethnicity for various purposes, including compliance with federal and state reporting requirements and to ensure equal educational opportunities. These questions are part of efforts to monitor and promote diversity and inclusion... View More

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1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas on
Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More

James L. Arrasmith
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answered on Mar 8, 2024

When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More

1 Answer | Asked in Education Law and Employment Law for California on
Q: I am a public school credentialed administrator who hasn't had a performance review in 8 years. Can I be fired?
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answered on Mar 6, 2024

Under California law, public school administrators, like other employees, are subject to evaluation and accountability mechanisms. However, the absence of a performance review for an extended period does not automatically shield an administrator from being dismissed. Your employment stability... View More

1 Answer | Asked in Internet Law, Education Law and Civil Rights for Texas on
Q: is my teacher allowed to get rid of something I wrote in my own time without my permission?

I'm in 8th grade and in my English class, I work on a story that I've been writing. admittedly it is during the time I'm supposed to be doing other assignments; however, I do find that the way she (my teacher) handled this was a little over the top.

She threatened that if I... View More

James L. Arrasmith
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answered on Mar 6, 2024

Under California law, your teacher's actions could potentially infringe upon your rights, especially if the work was created on your own time and does not violate school policy. Intellectual property laws protect the creations of your mind, and even as a student, you have rights to your... View More

1 Answer | Asked in Civil Rights and Education Law for California on
Q: Can a sue the school my son is attending for given out my information with out my permission.

Someone at school call or text other parent about me calling in that my son will be absent from school I told them is an emergency matters. Someone that is not office just the help called or text.

There was a problem with mom the day before sheriff were called my two sons choice to be with... View More

James L. Arrasmith
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answered on Mar 5, 2024

In instances where personal information is shared without consent, it is understandable to feel violated and seek remedies. Schools are typically bound by laws and policies to protect the privacy of students and their families. If a school employee or volunteer shared your information without... View More

1 Answer | Asked in Education Law and Immigration Law for Texas on
Q: Can my friend now return on a US tourist visa after their student visa was cancelled due to a fight at school in 2016?

My friend’s US student visa was cancelled back in 2016 because they were arrested for a fight at their school, and they were forced to return home. Can he now return to the US on a tourist visa for a 5 day family trip?

What steps would he have to take in order to be permitted into the country?

James L. Arrasmith
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answered on Mar 5, 2024

If your friend's student visa was cancelled due to an arrest, reapplying for a U.S. visa, such as a tourist visa, involves disclosing this past event during the application process. The U.S. Department of State requires all visa applicants to answer questions about their criminal record, and... View More

1 Answer | Asked in Education Law for California on
Q: What action should I take if a school's financial aid staff collectively misleads students of the tuition price?

Speaking with multipul staff members of the school resulted in the same answer. Intially opting out of the program due to not having enough to pay, two financial aid counselors insisted that the numbers on the tuition price were "simply example numbers".

( This phrase had been... View More

James L. Arrasmith
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answered on Mar 3, 2024

When facing misleading information about tuition costs from a school's financial aid staff, it's crucial to gather all written communications, promotional materials, and any recorded conversations that reflect the misleading information provided. Documentation plays a pivotal role in... View More

1 Answer | Asked in Business Formation, Education Law and Tax Law for New Jersey on
Q: I am the owner of a private school in NJ. I am considering changing its filing status from an LLC to a 501c3 nonprofit.

Is this possible in NJ? And if so, what are the initial steps that I should be considering?

James L. Arrasmith
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answered on Mar 1, 2024

Here are the key things to consider when changing a private school in New Jersey from an LLC to a 501(c)(3) nonprofit:

- It is possible to make this change in NJ. You would need to dissolve the LLC and then incorporate as a new nonprofit entity.

- To qualify as a 501(c)(3), the...
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1 Answer | Asked in Education Law for California on
Q: Can public school coaches refuse to tell parents why their child isn't being given play time?

My son has been going to every practice- even the non-mandatory ones that only 1 or 2 other kids go to- and putting the work in. He's been doing drills at lunch, going to the gym outside of school, and studying the game in his free time. Yet on game days, he's not getting to play AT ALL.... View More

James L. Arrasmith
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answered on Mar 1, 2024

Under California law, there isn't a straightforward answer to whether public school coaches must disclose reasons for a student's playtime to parents. However, it's important to understand that education and athletic policies often aim to balance the development of student autonomy... View More

1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What can I do in this situation as I do not know the ins and outs to H&R when I first started working for my job

Everyone was nice then I started receiving attitudes people were pretending to be my manager bossing me around like a manager other employees I told my supervisor they told me to feel free to tell her about it anytime after that I had the team lead do it too but all of sudden I started receiving... View More

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answered on Feb 29, 2024

In California, employees have the right to a safe and respectful workplace, free from harassment and bullying. If you're experiencing issues at work, such as receiving attitudes from colleagues or being harassed through text messages, it's important to report these incidents formally to... View More

1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My college forces all freshmen to buy a meal plan, i have food allergy and they dont have food suitable for me. can i su

My college forces all freshmen to buy a meal plan. I have celiac disease, and the dining hall fails to give me gluten free food or gluten free food without cross contamination. The food they say I can eat is prepared not in gluten free environments which leaves me sick almost the entire time I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

Technically speaking, a lawsuit is almost always possible in situations where one suffers damages at the hands of another party or entity. But a practical question could be whether a lawsuit is the best course of action, if it is possible for the facility to accommodate your needs. In terms of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Kentucky on
Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

James L. Arrasmith
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answered on Feb 26, 2024

Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More

Q: Hello,I wanted to ask if a new bill can reinforce already existing laws.

If one law says that X or Y should (or should not) be done, can a new and different law say the same thing?

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answered on Feb 25, 2024

Yes, a new bill can indeed reinforce already existing laws. Legislatures often pass new legislation that strengthens, clarifies, or expands upon the provisions of existing laws. This can be done for a variety of reasons, such as addressing loopholes, adapting to new circumstances, or emphasizing... View More

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