Massachusetts Education Law Questions & Answers

Q: My tuition remission was revoked when my dad was suddenly laid off.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: University went into my room, took my legal herbal supplement, and wants to give me drug possession violation.

1 Answer | Asked in Criminal Law and Education Law for Massachusetts on
Answered on Mar 14, 2018
John Espinosa's answer
Just because something is legal doesn't mean that the school can't have a rule that prohibits it on campus. Alcohol is a great example. You have to work within their rules. And hold them to their own rules. But at the end of the day the school has broad discretion.

Q: Using slides from internet for educational purpose to a limited audiance of two students, is it plagiarism

1 Answer | Asked in Education Law for Massachusetts on
Answered on Feb 24, 2018
John Espinosa's answer
This would likely fall under the Fair Use exception in Copyright law: https://www.copyright.gov/fair-use/more-info.html

Q: can someone at my school or the police search my bag without a warrant

1 Answer | Asked in Civil Rights and Education Law for Massachusetts on
Answered on Oct 22, 2017
John Espinosa's answer
Because of the lower expectation of privacy that students have in schools, school officials need only have "reasonable suspicion" to conduct a search of a bag a student brings to school, not a warrant. This document summarizes the applicable laws (but it is several years out of date, there is more recent caselaw so you should consult with an attorney who knows about school searches): https://www.publiccounsel.net/ya/wp-content/uploads/sites/6/2014/08/school-search-and-seizure.pdf

A...

Q: Can my school suspend my friend and I over a video?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Jun 12, 2017
Ali Shahrestani, Esq.'s answer
Possibly, yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...

Q: Can the high school principal confiscated my daughter lunch?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Mar 30, 2017
Ali Shahrestani, Esq.'s answer
No. You can file a complaint with the school about that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: Do I legally have my Degree if I met all academic requirements, but the University is withholding due to a balance owed?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Mar 22, 2017
Ali Shahrestani, Esq.'s answer
They can withhold your degree, typically, for unpaid balances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: Can a school release a students medical info without consent

1 Answer | Asked in Education Law and Health Care Law for Massachusetts on
Answered on Mar 11, 2017
Ali Shahrestani, Esq.'s answer
Was this release ordered by a court? Why did the release occur? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....

Q: what evidence can be used at disciplinary due process hearing?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Mar 6, 2017
Ali Shahrestani, Esq.'s answer
That sounds like potentially relevant evidence, if the texts are about the game or related to the misconduct in question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...

Q: University Grades

1 Answer | Asked in Education Law for Massachusetts on
Answered on Dec 12, 2016
Ali Shahrestani, Esq.'s answer
Evidence of wrongdoing by the particular student under investigation would be required for the school to be able to penalize that student whose grades were changed, since the hacker could simply have changed various students' grades in order to cover the tracks of the grades of the student whose grades he/she meant to change. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make...

Q: can a kindergarten teacher -during recess - refuse a child access to a bathroom?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Dec 11, 2016
Ali Shahrestani, Esq.'s answer
No: when you gotta go, you gotta go. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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