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New York Education Law Questions & Answers
1 Answer | Asked in Education Law and Employment Law for New York on
Q: My employer refused me to return to work due to my school schedule. They told me to resign when I did not wan to

What impact will this have on my filing for unemployment benefits?

Jacob David Verchereau
Jacob David Verchereau answered on Jun 29, 2020

Generally, when you resign voluntarily you do not qualify for unemployment insurance. However, under these circumstances, you could still file a claim. If your employer does not contest your claim, you will likely receive unemployment benefits. If the employer does contest your claim, you could... Read more »

1 Answer | Asked in Education Law for New York on
Q: Family move, possibly keep kids from changing school districts in NY

Hi. Following up on first response from Michael Siegel. My case is an odd one. My kids were enrolled in the district where we all lived with my ex-girlfriend. After the breakup, I moved. Though there's bedrooms for them at my new residence, they've been staying for the majority of the... Read more »

Michael David Siegel
Michael David Siegel answered on May 13, 2020

If you have left your kids with a non-relative who is not a formal legal guardian, and left, you have more problems than the school. If child services finds out, they will open a case. Either maintain a legal residence with your ex-girlfriend, or make her a legal guardian. Do not leave this... Read more »

1 Answer | Asked in Education Law for New York on
Q: Family move, possibly keep kids from changing school districts in NY

Hi, hope you’re well. I have a question regarding residency for schooling on Long Island. I am a single father and live with my two teenage children in Suffolk County. We used to live with my ex-girlfriend in a Nassau County town, and my kids were enrolled in school there. I had to move... Read more »

Michael David Siegel
Michael David Siegel answered on May 6, 2020

If they do not live in the town where they go to school they will be thrown out and must go where you live. While you might be able to phony up a lease, the issue is where they sleep at night. If the district finds out mid-year, you could be thrown out ASAP. If your kids spill the beans on the... Read more »

2 Answers | Asked in Education Law, Legal Malpractice and Small Claims for New York on
Q: Can I get a lawyer for an overlooked application to a degree program in college?

I applied for a nursing program at a local community college within the deadline period. I’ve been waiting for an acceptance letter, which was to be sent out the 3rd week of April. It turns out my application was never put in the system and I was completely overlooked, while my grades are higher... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 23, 2020

No. You were not discriminated against. You were just a victim of bureaucratic error. You have no contract with them just by applying. I see no case.

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2 Answers | Asked in Business Law, Education Law and Employment Law for New York on
Q: If I signed a contract from a school district to coach baseball and district closes b/c corona virus should I get paid

This is a contract for salary

not service. The school shut down the day of start of season

Derek John Soltis
Derek John Soltis answered on Mar 19, 2020

You should read the contract. If it was well written there would be a force de majure clause. The clause let's parties out of the contract for events beyond their control.

The clause may not be in there, and there maybe clauses in your favor, but without reading the contract no real...
Read more »

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1 Answer | Asked in Education Law for New York on
Q: my son attends private school and needs tutoring district say s they don't pay for it. private school won't do anything

what can i do ? i cant pay out of pocket. private school wont keep him unless he has a tutor but they dont want to help me in any way

Michael David Siegel
Michael David Siegel answered on Mar 16, 2020

You have two choices. Get an IEP from the school district mandating tutoring paid by the district. Or, leave the private school. Private schools do not have to accommodate you on this point.

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...
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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

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