New Jersey Education Law Questions & Answers

Q: I was charged with terroristic threats and offered PTI because that’s what my public defender told me would be the best.

2 Answers | Asked in Criminal Law and Education Law for New Jersey on
Answered on Jan 29, 2019
Leon Matchin's answer
Your best bet is to hire a private attorney to take the case to trial because sounds like the public defender's office doesn't feel that they want to spend their time taking your case to trial for whatever reason. If you have a budget for a private attorney then that's your best bet. Good luck!

Q: I’m 20 years old and I live with my boyfriend and his parents. Can I sue my dad for not helping me pay for tuition?

1 Answer | Asked in Education Law for New Jersey on
Answered on Sep 4, 2018
Stuart Nachbar's answer
No you can not sure your parents for not helping you with your secondary education. There is no right to go to college

Q: Does discharging student loans require a specialized bankruptcy attorney? Does it always require litigation?

2 Answers | Asked in Bankruptcy and Education Law for New Jersey on
Answered on Aug 10, 2018
Michael David Siegel's answer
The likelihood of you discharging a student loan in bankruptcy is something close to zero. Do the Dept. of Ed. payment plan program.

Q: Can I sue a school for not having proper life guard training

1 Answer | Asked in Civil Litigation, Education Law and Personal Injury for New Jersey on
Answered on May 26, 2018
Stuart Nachbar's answer
If you had a cause of action, and I am not sure if you did, you needed to bring the action within 2 years of your 18th birthday. As you stated that you are 21, you have lost any action you might have had.

Q: Is it a bias/crime when a principal says “he cannot keep the student in the general education, cause he is not normal?

2 Answers | Asked in Criminal Law, Civil Rights and Education Law for New Jersey on
Answered on Apr 27, 2018
H. Scott Aalsberg Esq.'s answer
No that is not a bias crime, it may be other things but generally not a crime.

Q: Is it legal for a district to cancel spring break?

1 Answer | Asked in Education Law for New Jersey on
Answered on Mar 19, 2018
Stuart Nachbar's answer
If the school district has used its allotment of snow days, there is a provision to reduce other vacation days so they can meet the the 180 day quota.

Q: My sons school finally gave him a full period of Orton Gillingham. How do I get it put in his IEP

2 Answers | Asked in Education Law for New Jersey on
Answered on Feb 28, 2018
Stuart Nachbar's answer
You should send a letter to the case manager requesting an amendment to the IEP without meeting.

Q: What is the NJSA 18A law that states that a student can lose academic credit for the year due to excessive absences?

1 Answer | Asked in Education Law for New Jersey on
Answered on Feb 20, 2018
Stuart Nachbar's answer
compulsory education law (N.J.S.A. 18A:38-28 through 31) requires all children between the ages of 6-16 to attend school. The attendance regulations (N.J.A.C. 6A:16-7.6), require each district board of education to develop, adopt and implement policies and procedures regarding the attendance of students, including the adoption of a definition of "unexcused absence" that counts towards truancy. While the regulations allow for the parent to be referred to municipal court for a truant child,...

Q: Can my 6 year old ADHD son be kicked out of aftercare? He has an IEP in school. I believe he is protected by the ADA.

1 Answer | Asked in Civil Rights and Education Law for New Jersey on
Answered on Jan 30, 2018
Lori E. Arons' answer
It is always difficult to answer questions without knowing a particular child's full profile, but children with disabilities are protected from disability discrimination under Section 504 of the Rehabilitation Act as well as the Americans with Disabilities Act. I recently handled a case where the student was going to be excluded from aftercare because of behavioral issues that are a manifestation of his disability, and we were able to get the school to provide a 1:1 aide for him during...

Q: Do I have to wait until I graduate highschool to move with my grandmom.

1 Answer | Asked in Family Law, Child Custody and Education Law for New Jersey on
Answered on Jan 17, 2018
William N. Sosis' answer
Provided you have no disability that prevents you from understanding your legal rights, you can move out at 18 (but you cannot consume any alcohol until you're 21). But you and your mom should seek family counseling first. Also talk to your grandmother before leaving home. She may be able to help resolve whatever issues you're having with your mom. Leaving home is a giant step involving problems you never anticipated.

Q: Can a college nursing program change rules after you are admitted that would in effect remove you from the program?

1 Answer | Asked in Education Law for New Jersey on
Answered on Jan 16, 2018
Leonard R. Boyer's answer
The school can change the rules when it sees fit to do so, as long as it is in compliance with State law. You need to see the handwriting on the wall and I'm sorry to tell you this, but you need to choose another field.

Q: GM, Efrain Are for the record. On 12-21-2018 , A summon NJSA 18A-25-38 etl,seq. Was issue again me. I have a child that

1 Answer | Asked in Education Law for New Jersey on
Answered on Jan 12, 2018
H. Scott Aalsberg Esq.'s answer
Every parent, guardian or other person having custody and control of a child between the ages of six and 16 years shall cause such child regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for children of similar grades and attainments or to receive equivalent instruction elsewhere than at school. Thus apparent to the statute, the only argument appears to be that they are in school or under...

Q: My High School would not let 18 year olds sign themselves out of school, even if they were sick. Is this legal?

1 Answer | Asked in Education Law for New Jersey on
Answered on Jan 10, 2018
Stuart Nachbar's answer
Unless you are emancipated by law, the school can make this a requirement. It prevents people (Seniors) from signing themselves out and missing school, and possibly jepordize graduation

Q: My 14 year old was with a group of friends in school they were using a flavored vapor. She had to get drug tested then

1 Answer | Asked in Education Law and Traffic Tickets for New Jersey on
Answered on Dec 12, 2017
H. Scott Aalsberg Esq.'s answer
Yes you can get summoned for court even at 14 that is what juvenile court is for. You should get her a lawyer.

Q: Is it legal for three adults / school officials to question a 6 year old alone and without parent consent?

1 Answer | Asked in Education Law and Juvenile Law for New Jersey on
Answered on Dec 1, 2017
Stuart Nachbar's answer
Unless it is a dire emergency regarding health and safety of other students, I don't think so

Q: In middle school (8th grade) I was suspended for fooling around on the bus. Will colleges be able to see that? Thank you

1 Answer | Asked in Education Law for New Jersey on
Answered on Nov 28, 2017
Stuart Nachbar's answer
No they will not be looking at that, but keep your nose clean and,make sure that you keep your grades up and stay out of trouble

Q: Is it illegal for a teacher to ask you a question that you dont want to answer and they force you?

1 Answer | Asked in Family Law and Education Law for New Jersey on
Answered on Nov 18, 2017
Leonard R. Boyer's answer
More information is necessary to provide you with a meaningful answer.

Q: My son uses a school bus. It takes 1.5hr to get home. What is max amount of time?

1 Answer | Asked in Education Law for New Jersey on
Answered on Nov 17, 2017
Stuart Nachbar's answer
No there are not. As long as in district and district provided, sometimes they take longer than we would like

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