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New York Education Law Questions & Answers
3 Answers | Asked in Education Law and Personal Injury for New York on
Q: Legal steps for child's attack at private school with no school action.

My 4-year-old son was attacked by a schoolmate at his private school, leaving a big scratch on his face. His teachers witnessed the incident, but the school has not taken any action. I've emailed the school twice but have not received any responses. What legal steps can I take to address this... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 2, 2025

So sorry to hear what happened to your son. Generally speaking, to recover for damages caused by another student, you'd have to demonstrate that the other student had a bad disposition such that his actions would have been foreseeable and therefore preventable, i.e. additional supervision.... View More

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2 Answers | Asked in Education Law, Personal Injury and Civil Rights for New York on
Q: What steps should I take if my child reports being scratched by a teacher?

My child came home with scratches on his arm and said his teacher caused them. The school questioned a student and two teachers; no one saw it happen, and the teacher denied doing it. The administration acknowledged my email about the incident and interviewed the teachers involved. We have photos... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 9, 2025

So sorry to hear what happened to your son. You should certainly report the teacher's conduct to the school's principal and perhaps even the school district's administrator, in writing. With regard to potential legal action, if this occurred in a public school, you have to file a... View More

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1 Answer | Asked in Education Law, Personal Injury and Criminal Law for New York on
Q: Is there a way I can sue NYS for neglect if they paid for my boarding school and I was abused there?

I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2024

Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More

1 Answer | Asked in Education Law for New York on
Q: What type of case would it be if I were trying to sue the school for breaking the law involving lead contmination?

They have not posted anything relating to the remediation results on their last testing in 2020. We also have many different faucets that were not over the lead limit as of 2020, but as of December 2021, 47% of our faucets are over the lead limit. Just wondering what type of case this would be and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2024

Depending on who is affected, it could be an environmental matter, toxic tort matter, occupational health & safety matter, or other. It sounds like it could be a complex setting - possibly involving sampling, lab analysis, and investigation of all possible sources. Best way to go about it? A... View More

1 Answer | Asked in Family Law and Education Law for New York on
Q: Is it legal for a school to say we are mandated by law to use their app for notices from the principle and teachers?

We had issues last year when we realized that my child’s teacher at the time was posting pictures she kept taking of the class on a school app that is used by the as well as all parents and listing my child’s full name and everything . And because we have privacy concerns since we have a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2024

There could be a couple of different ways to look at this - it is more a privacy law question than an education law question. A starting point could be to check with your attorney (the one associated with the court order). They would know better than anyone on a public forum the scope of what the... View More

1 Answer | Asked in Education Law for New York on
Q: Can an educator sue the NYS Department of Education if they keep failing the teacher exams?
Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

There are attorneys here on this forum who are knowledgeable in this area, but your question remains open for a month. This is not my area of practice, but you could reach out to attorneys who practice in education and civil rights law (the latter if you suspect that you suffered discrimination in... View More

1 Answer | Asked in Education Law for New York on
Q: Can a school take my kids cell phone
Tim Akpinar
Tim Akpinar
answered on May 16, 2024

The education law attorneys on this site could advise best, but you await a response for two weeks. Until you are able to consult with attorneys who regularly practice in this area, schools in general nationwide do exercise their rights to take a student's cell phone if the usage violates the... View More

2 Answers | Asked in Education Law, Intellectual Property and Copyright for New York on
Q: Access Rights to Professional Archive

I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More

James L. Arrasmith
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answered on Mar 22, 2024

In the realm of academic research and historical documentation, access to archives can indeed be crucial. However, the legal right to access such materials depends on a variety of factors, including copyright law, the intentions of the decedent, and any existing agreements or policies established... View More

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1 Answer | Asked in Civil Rights and Education Law for New York on
Q: Hello I'm looking for a lawyer to represent my son in reguarding aganist his school. privacy and lack of safety protcols

he was assulteted chase down with a knife from a student from his school the school did not want to cooperate or help with any safety reuards my son. instead they behaved if my son experience is not real. however I filed a report and curretly waiting on police to pick up the other student

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the traumatic experience your son went through. That must be incredibly stressful and upsetting for your whole family. It's understandable that you are looking for legal representation given the school's unacceptable response. Here are a few suggestions for... View More

1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My college forces all freshmen to buy a meal plan, i have food allergy and they dont have food suitable for me. can i su

My college forces all freshmen to buy a meal plan. I have celiac disease, and the dining hall fails to give me gluten free food or gluten free food without cross contamination. The food they say I can eat is prepared not in gluten free environments which leaves me sick almost the entire time I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

Technically speaking, a lawsuit is almost always possible in situations where one suffers damages at the hands of another party or entity. But a practical question could be whether a lawsuit is the best course of action, if it is possible for the facility to accommodate your needs. In terms of... View More

1 Answer | Asked in Education Law for New York on
Q: I completed bachelor of laws under the uni of london but didn’t got licensed yet. So can I take the nyc bar exam ?

To take the bar exams in the ny state :

1) do I need to have experience even after getting licensed ?

2)can I become licensed in any country and get qualified for the ny bar exam ?

3)so there r different terms used for a licensed lawyer(I.e attorneys) in different... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

Congratulations on getting your degree. In terms of bar exam eligibility, that's something that the board of bar examiners would know better than most practicing attorneys. I'm not certain about details, but I have heard about N.Y. programs where foreign law school graduates can sit for... View More

1 Answer | Asked in Education Law and Federal Crimes for New York on
Q: Is it legal for a college to steal your government funds when you are not enrolled in school? then bully you not to tell

I have all the evidence and even emails from the board of education showing my accounts for those years and how much the school took,as well as proof that paperwork sent to the government in my name were falsified as well as documentation from the federal taxation and Finance Bureau that were... View More

James L. Arrasmith
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answered on Jan 13, 2024

It's essential to address this serious issue promptly. You have valuable evidence that shows misconduct by the college, including fraudulent financial actions and bullying.

First, consult with an attorney who specializes in education law or consumer protection. They can help you...
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2 Answers | Asked in Education Law and Federal Crimes for New York on
Q: Is it legal for a College to Forge your signature on documents to re-enroll you without your permission and collect mone

My College has done this and even filed taxes for 2 years that i was not attending and I have a mountain of proof and since I enquired about it has been bullying,trying to force me to sign fraudulent paperwork,denied me entrance into my classess, recently attempted to change my financial ledger,... View More

James L. Arrasmith
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answered on Jan 13, 2024

You're facing a challenging situation with your college, and it's crucial to take certain steps to address this issue. Firstly, gather and preserve all the evidence you have regarding the forgery, tax filings, bullying, and any other inappropriate actions taken by the college. This... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

I'm sorry for your daughter's ordeal. In consulting with attorneys, learn if you are dealing with any notice of claim provisions - short filing deadlines that could arise in such cases. Also learn what evidence is available that is transient in nature, such as surveillance footage. I hope... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 11, 2024

So sorry to hear what happened to your daughter. If you haven't already, report the matter to the school's principal / assistant principal. You might even consider reporting the matter to the police depending on the severity of your daughter's injuries. Whether the school is... View More

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1 Answer | Asked in Car Accidents, Civil Rights, Education Law and Personal Injury for New York on
Q: Do I have a case against my school for involvement in police matters causing paranoia and academic failure?

I was involved in a car accident that involved police, and my school was used by the police to communicate with me, despite my cooperation. At one point, I was chased across campus by a security guard (who wasn't identifiable) to remind me to visit the police station. This incident left me... View More

James L. Arrasmith
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answered on Jun 11, 2025

It’s unlikely you’d have a successful lawsuit against the school simply because they assisted police notifications, since public safety concerns often trump academic routines. Schools generally have a duty to keep students safe and may work with law enforcement when a credible threat or... View More

1 Answer | Asked in Education Law and Appeals / Appellate Law for New York on
Q: What educational laws in NY support appealing a suspension affecting graduation ceremony participation?

I am seeking advice on educational laws or precedents that can support my appeal against the school district's decision to prevent my high school senior from participating in the graduation ceremony due to a suspension until the end of the school year. I am particularly interested in any legal... View More

James L. Arrasmith
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answered on Jun 11, 2025

You have the right under New York Education Law § 3214 to appeal any suspension that extends beyond five days or prevents participation in school events, because graduation ceremonies are considered part of your child’s educational program.

Start by requesting a § 3214 appeal hearing in...
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1 Answer | Asked in Civil Rights, Employment Law and Education Law for New York on
Q: Can I sue a school in NY for a teacher calling me a racial slur and intimidation after reporting?

I was called a racial slur by a teacher at my school. I reported the incident to multiple supervisors and was assured that I wouldn't have to worry about the teacher, yet the teacher still comes into the class, seemingly to intimidate me, even though she no longer teaches it. I've... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve experienced is deeply wrong, and no student should ever be subjected to racial slurs or feel unsafe because of how a school handles a serious complaint. Being called a racial slur by a teacher is not just offensive—it can also be a violation of your civil rights under state and... View More

1 Answer | Asked in Education Law for New York on
Q: Can my homeschooled children receive a high school diploma from a private school without formal enrollment in NY?

I want to homeschool my children starting in 9th grade through senior year, combining 1-2 classes at home with additional classes taken at a local small private Christian school. However, I do not plan to enroll them formally in the private school. Will my children be able to receive a high school... View More

James L. Arrasmith
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answered on May 14, 2025

You're putting a lot of thought into your children's education, and that kind of care matters. In New York, the rules around homeschooling and high school diplomas are specific and sometimes confusing. If your children are not formally enrolled in the private school, that school is not... View More

2 Answers | Asked in Constitutional Law and Education Law for New York on
Q: Is NY school laptop monitoring a 4th Amendment violation?

At Woodland Middle School, we use a program called Linewize on our school laptops, which tracks information such as search history, IP addresses, passwords, exact locations, and keystrokes, and can monitor our screens in real-time. We, the students, did not give consent for this level of... View More

Jack Mevorach
Jack Mevorach
answered on Apr 25, 2025

Possibly. They tried to do the same thing with the computers used by federal judges. It wasn't done. We have to wonder if it's being done even when they say it's not. Like the NSC. I wonder if all calls made within, to and from the US, are being digitized. Signal and WhatsApp... View More

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