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New York Education Law Questions & Answers
2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Education Law for New York on
Q: What type of lawyer would I need to sue a school or school district ?
Tim Akpinar
Tim Akpinar
answered on Sep 2, 2022

It could depend on what the matter involves. If it's something about an academic issue with a child, an educational law attorney could probably be a first option to consult with. If it involves employment as a teacher, then an employment law attorney. If it involves an injury on school... Read more »

1 Answer | Asked in Education Law for New York on
Q: What happens if I don't go to summer school and do my parents have the decision to make me move on to another grade?
Tim Akpinar
Tim Akpinar
answered on Aug 10, 2022

It would be best if an education law attorney advised here, but you await a response for two weeks. Until you're able to discuss this with an education law attorney, keep in mind that in general, the decision could be up to the school. Also, it could be difficult for any attorney to advise... Read more »

1 Answer | Asked in Education Law for New York on
Q: Is a professor allowed to ask me to have two cameras on during an exam, one to view my face and another to view my hands
Tim Akpinar
Tim Akpinar
answered on May 27, 2022

This is a fairly new area of law, and the rules are evolving as new technologies emerge. Test protocols could depend on the entity administering the exam. If an instructor's rules are not unduly burdensome or invasive of privacy, the academic institution would probably uphold them. A professor... Read more »

1 Answer | Asked in Business Law, Education Law and Intellectual Property for New York on
Q: Is this free work? Is this legal?

A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2022

If you receive college credit for the work, it is legal, like an internship.

2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Are schools liable for behavior of their students on school sponsored trips?

Ex) a student injures a member of the public by engaging in reckless behavior

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

These are generally fact-intensive settings, and they can be complex. A central issue will often be whether there was a lack of supervision or negligent supervision on the part of the school (or possibly other entities, depending on the setting). An experienced attorney who had the chance to review... Read more »

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1 Answer | Asked in Education Law for New York on
Q: A memo signed and sealed by a professional engineer was rejected because the signature was next to seal and not inside

Does the seal need to be on top of signature or can it be next to it.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2022

I'm sorry your question remains open for three weeks. This could be something that a professional engineer would know better than an attorney. At this point, one option might be to contact the NYS Office of the Professions for Professional Engineering & Land Surveying to ask if they could... Read more »

1 Answer | Asked in Communications Law, Construction Law, Education Law and Energy, Oil and Gas for New York on
Q: can you help me sue my dead grandma

they dead

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2022

If this involves something with an estate or will, you might have better chances of a reply in the Probate or Estate Planning categories under New York. But in either case, it would be difficult for attorneys here to reach out to you to help with a lawsuit - this forum does not work like an... Read more »

2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Good afternoon, I would like to find representation for our daughter who attends a local school in Tompkins County.

She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 15, 2021

The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such... Read more »

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1 Answer | Asked in Education Law for New York on
Q: can a principal ride a school bus whenever they want
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2021

It would depend on the regulations of the school district, school, and bus company. In general, principals do have broad authority to audit or inspect activities that affect the welfare and safety of students. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer
answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

1 Answer | Asked in Tax Law and Education Law for New York on
Q: NYS. Does the school district have the right to look at tax returns of students guardians?

Natural parent moving out of district. Signing over guardianship to the person still living in district. District is asking who will claim child on this years tax return. Does the district have the right to view either parent or guardians tax returns?

Michael David Siegel
Michael David Siegel
answered on Jul 20, 2021

Absolutely. That is how they prevent the fraud of a non-resident student trying to get a better school.

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Tim Akpinar
Tim Akpinar
answered on Jun 11, 2021

I'm very sorry this happened to you. If you're seeking an attorney, it might be more productive to use the Find-a-Lawyer feature above. The Q & A format here is unlike an attorney referral service, where an attorney would come forth to offer services. The format here is instead geared... Read more »

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1 Answer | Asked in Education Law for New York on
Q: An allegation of Academic Integrity made against me. What should I do?

I'm a student at a CUNY college and during this Spring semester I took 5 classes and most, if not all, had math-related topics. I was able to manage keeping a good grades for all but one class, Linear Algebra. I had a decent grade on my first exam, I studied for the second midterm, which was... Read more »

Michael David Siegel
Michael David Siegel
answered on May 28, 2021

This is a serious matter. Having admitted to cheating, you have few options. You must not admit to anything again, and find a way out of this that does lead to expulsion.

2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 27, 2021

It is difficult to answer the question without seeing any agreements the parties signed as part of their divorce and the judgment of divorce. However all things being equal, if the matter was brought before a court, there is a good chance that the court would allow the child to go to school in... Read more »

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1 Answer | Asked in Education Law for New York on
Q: can you sue a school.

I go to independence university, I am in a class had week 1 almost done, then they switch me without any notice on the date that discussions are due on Wednesday. to two classes instead. tell me i have to do 2 weeks worth of work in 1 week all bc THEY made a mistake which i have proof of them... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2021

An attorney who specializes in education law would have the best insight here, but your question remains open for two weeks. As a general matter, despite the ordeal it has caused you, there could be more economical ways of approaching something like this, maybe through academic advisor or... Read more »

1 Answer | Asked in Education Law for New York on
Q: If a school doesn't obey the mandatory Moment of Silence law: NV Rev Stat § 388.075 (2011), can they be sanctioned?

for Nevada

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2021

This involves a Nevada statute. There's no guarantee all posts are picked up, but there might be better chances of a response if you reposted under Nevada. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law and Education Law for New York on
Q: I'm an Occupational therapist working in the schools in NYS. Should the district provide PPE if we return to school?

If I provide my own do I risk liability? Or what if I become sick would that void district's liability?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2020

It would be best if an employment attorney took your question, but it remains open for four weeks. Until you are able to get the input of someone with expertise in this area (or if you are not able to ultimately get a response), one measure you could consider would be to present your proposed... Read more »

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 »

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