I'm sorry you were placed into this position. In general, such liability waivers are not looked kindly upon by courts, for reasons of public policy. In terms of your question of whether or not you should sign it, it's an individual decision. As a general premise, such agreements can be... View More

An education attorney is most familiar with protocols that school systems apply in the interest of health and public safety in these types of settings. But your question remains open for a week. At this point, you could consider trying to arrange a free initial consult with an attorney - I'm... View More

Addendum - Your post indicates this took place last year - that would be something to discuss with an attorney in terms of timeliness. If it is a public school, notice of claim issues could be applicable. In other words, the possibility of short filing deadlines - an attorney should advise on that... View More

Benjamin Z. Katz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2023

The ability of a custodian to make withdrawals from a UTMA account before the child reaches the age of majority is limited. Generally, unless there is some demonstration that a child's parent is unable to pay for their education, it is improper for a custodian to withdraw funds. However,... View More

The civil justice system only provides a remedy for harm that has occurred, not harm that might have occurred. Fortunately, your son was not harmed. Speak with the principal and teacher at your son's school and tell them what you observed so that it does not happen again (either to your son... View More

I'm glad that your son is okay. As my colleague correctly says, the standard applied is one of actual harm, and not harm that could have been. And thank goodness no actual harm occurred. Hopefully, the school will take measures in supervising children outside the safety of the school grounds.... View More

This looks similar to another New York question involving a dormitory smoke alarm. In my response there, I recommended reviewing the paperwork and assessing what the disciplinary action or charges are, depending on whether the hearing is through the school or through a public court. Your friend... View More

The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More

The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More

Your friend should review the hearing papers and learn who is conducting the hearing, whether internal through campus fire & safety or through a public court, what it involves in terms of charges, penalties, campus/academic discipline, etc. She could consider consulting with an attorney to... View More

This may be something that most Criminal Defense attorneys and Health Care Law attorneys (categories chosen for the post) do not casually deal with on a regular basis. It may be more along the lines of professional licensing. You could try reposting under Education Law, which might be a closer... View More

For any future inquiries, it could avoid misunderstandings to check with the school administration as to what they want you to say. They could have a standard statement that they want the staff to use in such settings. Good luck

This may be more a personal injury law question than one about educational law. I'm sorry about the assault on your daughter. I hope she is okay. These scenarios are fact-intensive and require examination of school's supervision and other factors. I recommend you reach out to law firms to... View More

In New York State, guidelines for displaying signs in school zones are found in NYS DOT regulations. See the link...... View More

You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same... View More

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... View More

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... View More

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... View More

This sounds more like an education law matter than an immigration law matter. But it would be difficult for any type of attorney to advise on your next step, based on the brief facts here. Reinstatement could depend on an academic institution's specific rules and policies. An attorney could... View More

Your child has "special needs". As such he needs what is called an IEP. Does he have one? Also, I am not sure what school you intend on having your child attend. You may need a lawyer, but you definitely need a plan of action. More facts need to be known, like where on the spectrum... View More