New York Education Law Questions & Answers
Q: I live in Lafayette NY school District, the school my 12 yr old attends is not dealing with the bullying and harassment
Michael David Siegel's answer
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.
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.
Q: student loan
1 Answer
| Asked
in
Collections, Education Law and Identity Theft
for
New York
on
Answered on Jan 30, 2019
Answered on Jan 30, 2019
Michael David Siegel's answer
Deny everything in writing. Call the US Department of Education to report the fraud as well.
Deny everything in writing. Call the US Department of Education to report the fraud as well.
Q: Are school officials allowed to communicate with parents of students who are 18+ about behavior or grades?
Ali Shahrestani, Esq.'s answer
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 with the adult student about school records. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as...
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 with the adult student about school records. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as...
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's answer
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.
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.
Q: is it possible for say a judge to force someone who is 17 years old to go to school
Ali Shahrestani, Esq.'s answer
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 attend full time instruction from the first day school is in session in September if he/she turns six years old on or before the first day of December of that school year. Please note: The school year...
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 attend full time instruction from the first day school is in session in September if he/she turns six years old on or before the first day of December of that school year. Please note: The school year...
Q: student loan forgiveness
1 Answer
| Asked
in
Consumer Law, Collections and Education Law
for
New York
on
Answered on Jan 2, 2019
Answered on Jan 2, 2019
Q: can i take my special needs son who has an iep out of special school (public ) and place him in private school
Michael David Siegel's answer
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.
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.
Q: Can NYSED mandate the curriculum of a school that receives no state funds and doesn't award diplomas?
Michael David Siegel's answer
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.
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.
Q: My child attends a private middle school and just came out as gender-queer.
Michael David Siegel's answer
None. Kicking out of school for that reason violates Federal and local law. If it happens, call a lawyer.
None. Kicking out of school for that reason violates Federal and local law. If it happens, call a lawyer.
Q: Does a graduate school complaint fall under consumer fraud or education law?
Timur Akpinar's answer
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 costly. Therefore, it would be advisable to consider the costs of such an action and the prospects for a favorable outcome.
Tim Akpinar
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 costly. Therefore, it would be advisable to consider the costs of such an action and the prospects for a favorable outcome.
Tim Akpinar
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.
1 Answer
| Asked
in
Employment Law, Personal Injury, Education Law and Employment Discrimination
for
New York
on
Answered on Oct 28, 2018
Answered on Oct 28, 2018
Peter N. Munsing's answer
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 backup center they can't give you much advice but they do have "cooperating attorneys" who handle cases they cannot handle because of the statutes that govern them--ask for "cooperating attorneys ' in...
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 backup center they can't give you much advice but they do have "cooperating attorneys" who handle cases they cannot handle because of the statutes that govern them--ask for "cooperating attorneys ' in...
Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...
1 Answer
| Asked
in
Appeals / Appellate Law, Gov & Administrative Law, Civil Rights and Education Law
for
New York
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Michael David Siegel's answer
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.
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.
Q: My school changed a rule where i have to go back to another class that i passed and got the credit
1 Answer
| Asked
in
Consumer Law, Criminal Law and Education Law
for
New York
on
Answered on Sep 1, 2018
Answered on Sep 1, 2018
Aubrey Claudius Galloway's answer
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 you WILL RECEIVE CREDIT FOR THAT CLASS.
The law is clear that among all accredited US colleges and universities as well as high school that "a 1.0/4.0, or a D in letter form, demonstrates...
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 you WILL RECEIVE CREDIT FOR THAT CLASS.
The law is clear that among all accredited US colleges and universities as well as high school that "a 1.0/4.0, or a D in letter form, demonstrates...
Q: I’m taking online courses, and I have been charged with academic dishonesty by the professor.
Michael David Siegel's answer
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.
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.
Q: what to do in the event that they wont promote my daughter even though she is currently in summer school
Michael David Siegel's answer
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.
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.
Q: My daughter is 15 and a 19 year old is threatening her in school and social media. Can I press charges for harassment?
1 Answer
| Asked
in
Criminal Law, Education Law and Internet Law
for
New York
on
Answered on May 8, 2018
Answered on May 8, 2018
Andrew S. Tabashneck's answer
In New York, there are a number of harassment laws. Generally such laws prohibit a wide array of activities intended to harass, annoy, threaten, or alarm people.
If this 19 year old is threatening and engaging in behavior that would cause a reasonable person to feel annoyed, then at the very least, one of the less serious charges of harassment would apply. It is difficult to determine which level of harassment applies to this situation because of the lack of facts. For instance,...
In New York, there are a number of harassment laws. Generally such laws prohibit a wide array of activities intended to harass, annoy, threaten, or alarm people.
If this 19 year old is threatening and engaging in behavior that would cause a reasonable person to feel annoyed, then at the very least, one of the less serious charges of harassment would apply. It is difficult to determine which level of harassment applies to this situation because of the lack of facts. For instance,...
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