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New York Education Law Questions & Answers

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 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 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 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 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 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. 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 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. 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 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 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 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 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 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 »

Timur 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 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/

As they are a Legal Services...
Read more »

Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...

We moved here 2 months ago and our kids are doing great in schools. We applied for the vaccine exemptions as we have the last 9 years and we were denied because the school district claims we weren't sincere in our religious beliefs. The system in place to appeal seems extremely legalistic. It feels... Read more »

Michael David Siegel answered on Oct 16, 2018

It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.

1 Answer | Asked in Education Law for New York on

Q: Are you legally entitled to enroll your child in any publish school district of your choosing?

Michael David Siegel answered on Sep 25, 2018

Absolutely not. Only in the one that the child resides in.

1 Answer | Asked in Consumer Law, Criminal Law and Education Law for New York on

Q: My school changed a rule where i have to go back to another class that i passed and got the credit

Hi I go to baruch. My school is making me take a class that I passed in fall 2017 again because they have change the rules.

I took precalculus and passed with an D. Then i went on to calculus and failed. Now during mid semester of taking calculus the school was encouraging studens to drop... Read more »

Aubrey Claudius Galloway answered on Sep 1, 2018

This is exactly the type of situation where we are often hired on a small initial hourly retainer (atty = $180.00/hr and paralegal = $75.00/hr) of like $320 and we simply solve the issue for you. If it ends up in litigation you can get attorneys fees back, but I bet a few phone calls a letters and... Read more »

1 Answer | Asked in Education Law for New York on

Q: I’m taking online courses, and I have been charged with academic dishonesty by the professor.

He think I shared my answer with other students, because my way of solving the math problems is similar to other students way, he don’t have prove that we cheated from each other and we didn’t cheat. I explained to him why we have the same solution because we studied together and we saw a... Read more »

Michael David Siegel answered on Aug 12, 2018

You must take this seriously. Download the school handbook to understand the procedure for appealing this issue. Make sure you save all work and documents that support your case.

1 Answer | Asked in Education Law for New York on

Q: what to do in the event that they wont promote my daughter even though she is currently in summer school

I dont agree that she should be held back just because her reading level is 2 levels behind

Michael David Siegel answered on Jul 21, 2018

Under current law, the principal actually has full discretion to make this decision. Call the district superintendent's office to see if you can get the decision reversed.

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