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New York Education Law Questions & Answers
1 Answer | Asked in Education Law for New York on
Q: Need a lawyer to write to a university about my rights as a student & academic dismissal incorrectly done.
Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 20, 2020

Greetings. Based on your inquiry, it appears you have been disciplined in some way by your academic institution that you feel is incorrect. The proper procedure for addressing an institution's actions is by way of an Article 78 filed in NY Supreme Court (if all internal procedures have been... Read more »

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I am a new hire manager. My supervisor tells me (via private emails) to write up union staff. Is that legal?
V. Jonas Urba
V. Jonas Urba answered on Dec 9, 2019

For legitimate, non-discriminatory reasons? What's wrong with that as long as you follow company policies and procedures and the union contract?

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Education Law for New York on
Q: Hello I suffered sexual abuse as a child and I confided in my fourth grade teacher who did not believe me or do anyth
Michael David Siegel
Michael David Siegel answered on Sep 19, 2019

Under the new law in New York, you can file a criminal complaint against your abuser and sue them civilly. The statute of limitations is eliminated.

1 Answer | Asked in Education Law for New York on
Q: I Am in need of legal advise concerning my 14 year old son with school phobia .

My son is a 14 year old boy with Dx of school phobia x 7 years. He recently graduated from a district 20 Brooklyn phobia program. He was accepted into a regular HS and was not able to make the change from a phobic program to a regular school. I am placing an impartial hearing to try and get DOE to... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 19, 2019

What does the IEP say about placement now? You need to have a private opinion from a psychologist that the placement in the IEP is wrong, and call an emergency CSE to amend the IEP. If the IEP is changed to require private school, you are good. Your expert might have to come and present his/her... Read more »

1 Answer | Asked in Education Law for New York on
Q: what Can I do if my son’s IEP was altered without authorization to cover up procedure violations?

The document was missing goals, and the district removed two agreed goals, resulting in inappropriate/ no reporting. Now are removing services with no progress reports to support. When realized error, they altered the document to cover up one goal was missing at reporting time.

Michael David Siegel
Michael David Siegel answered on Jun 4, 2019

Request an emergency CSE in writing to address these issues.

1 Answer | Asked in Family Law and Education Law for New York on
Q: I have an ACD for my daughter missing too many days in school due to metal health issues. They keep violating me.

She is almost 16. (5 months) and now wants to drop out due to the legal pressure and due to her mental health. Can they still keep this case on me if she does? They gave me educational neglect! This is all mental health related so why is it a crime against us? Also, They did not give her an IEP. I... Read more »

Michael David Siegel
Michael David Siegel answered on May 9, 2019

Why is it a crime? Because that is how the system works. If she has an IEP, you need to call an emergency CSE and get placement so there is no neglect. If she has no IEP, you must demand an immediate educational evaluation. Then, do whatever they say to save yourself. On dropping out, it is... Read more »

1 Answer | Asked in Contracts and Education Law for New York on
Q: I want to sue a NYS College. I dont know where to begin, can you help

In the term yr I was given a grant. I could not use such grant because i was not in compliance with Federal Law requirements. So I was told to wait 1 year. I did.. I got a email that there was a change in my grant (meaning it was now available) the grant was for a few thousand and was available... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 7, 2019

To whom do you owe the money? If the school, write a letter denying the debt, and wait to be sued. If the Higher Education Authority or USDOE, then check your credit report and see how it is reflected and reach out to them.

1 Answer | Asked in Education Law for New York on
Q: I live in Lafayette NY school District, the school my 12 yr old attends is not dealing with the bullying and harassment

My son has been suspended 3 times, other two times were not alleged bullying, the bullying had been going on for almost 2 yrs, and the school district says, My 12 yr old is the problem. My 12 yr old has disability thats severe, and struggles with many obstacles daily.

Michael David Siegel
Michael David Siegel answered on Feb 19, 2019

Does he have an IEP? If yes, what does it say? If not, you need to have him evaluated for disability services. You can do it privately, or request that the school do it for free.

1 Answer | Asked in Collections, Education Law and Identity Theft for New York on
Q: student loan

i am being accused of a loan i have no connection with, my name is right other information are wrong i did notify higher education my information have been compromised with, i did my own investigation trying to locate the school, i was told that school was cloed years ago, i google it, they were... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 30, 2019

Deny everything in writing. Call the US Department of Education to report the fraud as well.

1 Answer | Asked in Education Law for New York on
Q: Are school officials allowed to communicate with parents of students who are 18+ about behavior or grades?

These students are legal adults and I know from experience that doctors may not communicate with parents without written consent. I am wondering if school workers can.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 9, 2019

Great question. Private schools might operate via contracts and consent forms. Public schools operate under statutory law, and in NY the age of majority is 18. Thus technically, absent a consent waiver to communicate with others, public school administration and faculty should be communicating only... Read more »

1 Answer | Asked in Education Law and Personal Injury for New York on
Q: concerning a notice of claim against ny school district when does the 90 days run out if the injury occurred on 10/6/18
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

90 days from then. There may be exceptions--if you are over the time limit but they were aware of it you may have an out. Contact a member of the NYState Trial Lawyers Assn in your county immediately--as in today! They give free consults.

1 Answer | Asked in Education Law for New York on
Q: is it possible for say a judge to force someone who is 17 years old to go to school
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 3, 2019

See: https://www.schools.nyc.gov/school-life/rules-for-students/attendance

Also see: http://www.p12.nysed.gov/sss/pps/educationalneglect/

"Per Part One of Article 65 of the New York State Education Law, Section 3205(1)(c), the following age requirements apply:

A child must...
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1 Answer | Asked in Consumer Law, Collections and Education Law for New York on
Q: student loan forgiveness

if the for profit school was closed how do i find out if my student loan will be forgiven, especially if i did nott apply for the loan

Michael David Siegel
Michael David Siegel answered on Jan 2, 2019

Call the US Department of Education

1 Answer | Asked in Education Law for New York on
Q: can i take my special needs son who has an iep out of special school (public ) and place him in private school

i have a case with cps that is almost closing unfounded but don't want school to call him

Michael David Siegel
Michael David Siegel answered on Dec 13, 2018

You can go wherever you want. You have to pay for the private school unless the IEP provides for it, but the IEP follows him wherever you choose to send him.

1 Answer | Asked in Education Law for New York on
Q: My kid refuses to go to P.E. Is there are legal way for me to get him out of it at his public school?
Michael David Siegel
Michael David Siegel answered on Dec 7, 2018

Having a documented disability that prevents it, like a 504 plan.

1 Answer | Asked in Education Law for New York on
Q: Can NYSED mandate the curriculum of a school that receives no state funds and doesn't award diplomas?

Can the New York State Department of Education force a private, religious school to learn secular subjects when the school in question receives no state or federal funding and doesn't award diplomas to its graduates?

If possible, I'd like to know which laws are relevant in such a case.... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 3, 2018

If you are looking for a New York license, you need to follow the requirements. A "school" can be unregulated, like a religious school that meets on weekends. But if you are looking for the school to satisfy the education requirement that kids be in school, you need State licensing.

1 Answer | Asked in Education Law for New York on
Q: My child attends a private middle school and just came out as gender-queer.

What protections do we have to make sure they don't get kicked out of school?

Michael David Siegel
Michael David Siegel answered on Nov 19, 2018

None. Kicking out of school for that reason violates Federal and local law. If it happens, call a lawyer.

1 Answer | Asked in Consumer Law and Education Law for New York on
Q: Does a graduate school complaint fall under consumer fraud or education law?

Entire graduating class of 2018 plus graduates from previous years have complained about the gap between how our program is marketed and what is actually delivered. Meetings with the department chair resulted in inadequate change. A group meeting with the Provost, (who promised confidentiality),... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 31, 2018

It can possibility involve elements of both types of law. A starting point could be a consultation with an attorney who could examine the promises or representations made by the school and their legitimacy. But these types of matters could possibly involve extensive discovery, which could be... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Education Law and Employment Discrimination for New York on
Q: I got bit by a student. I’m afraid to enter my own classroom. My principal and union know. I went to the doctor.

I’m afraid to be near him. Every time he’s in school, some one gets hurt. Usually me.

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

You have an unsafe workplace. If your union won't do anything about it I suggest you contact a member of the NYState Trial Lawyers Assn who handles employment issues. You may have to try a number. Try the National Employment Law Project: https://www.nelp.org/

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