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Massachusetts Education Law Questions & Answers
1 Answer | Asked in Education Law, Contracts, Employment Law and Employment Discrimination for Massachusetts on
Q: My tuition remission was revoked when my dad was suddenly laid off.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

I am a third year university student in the Nursing program, with one year left of school (not including the current semester). My tuition is roughly $50,000/year, and my family does not have the ability to take out large loans. My father was working for 26 years when he was suddenly laid off from... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

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.... Read more »

1 Answer | Asked in Criminal Law and Education Law for Massachusetts on
Q: University went into my room, took my legal herbal supplement, and wants to give me drug possession violation.

My resident director went into my room at a private university (which I believe is permitted), and took away an herbal supplement that I take to ease chronic debilitating back pain, and want to charge me with “drug possession” as policy violation. The herbal supplement I take is legal for human... Read more »

John Espinosa
John Espinosa answered on Mar 14, 2018

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.

1 Answer | Asked in Education Law for Massachusetts on
Q: Using slides from internet for educational purpose to a limited audiance of two students, is it plagiarism

What is the consequence for a teacher?

John Espinosa
John Espinosa answered on Feb 24, 2018

This would likely fall under the Fair Use exception in Copyright law: https://www.copyright.gov/fair-use/more-info.html

1 Answer | Asked in Civil Rights and Education Law for Massachusetts on
Q: can someone at my school or the police search my bag without a warrant

Also there is a school resource officer at my school

John Espinosa
John Espinosa answered on Oct 22, 2017

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... Read more »

1 Answer | Asked in Education Law for Massachusetts on
Q: Can my school suspend my friend and I over a video?

At my school, my friend Ryan and I got into trouble about a video we created. The video was for a project and it was a little edgy. We presented it in class and everyone liked it. We got the loudest claps and the most laughs about it. The video was also posted on Youtube. We got called down to the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 12, 2017

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,... Read more »

1 Answer | Asked in Education Law for Massachusetts on
Q: Can the high school principal confiscated my daughter lunch?

My daughter both her lunch and bring it to school on her lunch time. I don't think is correct to confiscated and leave my daughter without her lunch. Plus she lost her money because the principal didn't let her eat It and trow it away.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 30, 2017

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/... Read more »

1 Answer | Asked in Education Law for Massachusetts on
Q: Do I legally have my Degree if I met all academic requirements, but the University is withholding due to a balance owed?

University of Massachusetts Dartmouth

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 22, 2017

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... Read more »

1 Answer | Asked in Education Law and Health Care Law for Massachusetts on
Q: Can a school release a students medical info without consent

School released educational and medical info of a student to an outside neurologist without parent or student consent

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 11, 2017

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... Read more »

1 Answer | Asked in Education Law for Massachusetts on
Q: what evidence can be used at disciplinary due process hearing?

12th grade student going to due process for misconduct/harassment at hockey game. School is using text messages from months bf as evidence is that legal?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

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... Read more »

1 Answer | Asked in Education Law for Massachusetts on
Q: University Grades

In a class at my University, a bunch of people's grades were changed. The school says it was during an unauthorized access to a instructor's account. They are threatening suspension for all those who's grades were affected, and I'm scared as I had no idea about this. I have a meeting with the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 12, 2016

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... Read more »

1 Answer | Asked in Education Law for Massachusetts on
Q: can a kindergarten teacher -during recess - refuse a child access to a bathroom?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 11, 2016

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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