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New York Education Law Questions & Answers

1 Answer | Asked in Education Law for New York on

Q: Can my high school son appeal a suspension if it was unfairly imposed?

Michael David Siegel answered on Jun 29, 2018

Yes, through the process in your district.

1 Answer | Asked in Criminal Law, Education Law and Internet Law for New York on

Q: My daughter is 15 and a 19 year old is threatening her in school and social media. Can I press charges for harassment?

Andrew S. Tabashneck answered on May 8, 2018

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...
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1 Answer | Asked in Education Law for New York on

Q: Can a school refuse a student the ability to bring a backpack with them into a classroom? My child has back issues

It is a school wide rule... not district.

Michael David Siegel answered on Apr 16, 2018

If there is a 504 plan

1 Answer | Asked in Education Law and Criminal Law for New York on

Q: My nine year old daughter is being hit by a nine year old boy. We have discussed with his parents and the school.

Still the violence continues.. Do we have grounds to sue the parents both criminally and in civil court?

Michael David Siegel answered on Apr 14, 2018

You can make a complaint with the police. If there are damages due to injury, you can sue in court.

1 Answer | Asked in Education Law and Employment Law for New York on

Q: Can a school district discriminate against a substitue calling in sick? The sub has a doctors note.

V. Jonas Urba answered on Mar 16, 2018

Discriminate? We can not answer your question without specific, detailed facts and history.

Discrimination is prohibited but if there is a legitimate non-discriminatory reason for treating an employee badly that is not necessarily illegal.

For example, an employee brings in a...
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2 Answers | Asked in Education Law for New York on

Q: A student with an IEP in school has a set plan that we educators must follow. Is it okay for the principal to change it

Must there be a team meeting on the student and change or will a signed paper from the parent suffice? Which is more powerful, the principal or IEP? Can a teacher be written up for following the IEP over the directive from the administrator?

Michael David Siegel answered on Mar 6, 2018

An IEP can only be changed at a noticed meeting. Failure to follow the IEP is the improper act. Following it cannot be overruled by a principal. A principal can, like any committee member, call a CSE meeting.

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1 Answer | Asked in Education Law and Civil Rights for New York on

Q: High school kid brought medication drugs to school. Can he be charged without knowing the Code of Conduct?

Benadryl and Xanax were found in my son's school bag a couple of months ago. He gave a Xanax pill to another student outside school early on. The school is now charging him for possessing and distributing controlled substance. However, the school failed to give students the School District's... Read more »

Michael David Siegel answered on Feb 15, 2018

Is this only at the school level or criminal level too. If criminal, get a criminal lawyer, as that is your biggest issue.

1 Answer | Asked in Civil Rights and Education Law for New York on

Q: Can I get in trouble with school for online harassment?

I was talking to this kid online, confronting him on things that he does. He starts saying that I’m harassing him. This was all online, off school campus, not during school hours, and it was all on my personal phone. Now I want to know if the school can actually punish me for that. I literally... Read more »

Lori E. Arons answered on Feb 8, 2018

Possibly. A frequently used definition of cyberbullying is "an aggressive, intentional act or behavior that is carried out by a group or an individual, using electronic forms of contact, repeatedly and over time against a victim who cannot easily defend him or herself," but there are many... Read more »

1 Answer | Asked in Education Law for New York on

Q: My college closed down last year . Do I have to pay back money owed directly to the school? This isn't a student loan

Not a federal or government loan. Money is owed to the school.

Michael David Siegel answered on Feb 3, 2018

Yes. Someone will come looking. However, think of defenses you may have to payment.

1 Answer | Asked in Education Law for New York on

Q: My daughter is being bullied and I have gone to speak with the principal and the asst principal and it’s still going on

What r my options

Michael David Siegel answered on Jan 31, 2018

It depends on the nature of the bullying, and if it is all in school or out of school too.

1 Answer | Asked in Education Law for New York on

Q: Am I permitted to drop out of high school?

I'm a high school junior who is lacking in motivation and struggling academically. I am strongly considering leaving school behind in order to pursue several other opportunities. I turned 16 years old on September 19th, 2017. Am I allowed to drop out at this time, or am I compelled to finish the... Read more »

Michael David Siegel answered on Jan 22, 2018

You can drop out with parent approval.

1 Answer | Asked in Education Law for New York on

Q: If a SPED student has a mod of Answers in Test Booklet can the teacher still require them to fill out an answer sheet?

He already has no scantron, but we would like him to write his answer choices on a line on an answer sheet.

Michael David Siegel answered on Dec 24, 2017

If it is in the IEP, then you are allowed this modification. It is done for people who need it.

1 Answer | Asked in Employment Law, Gov & Administrative Law, Immigration Law and Education Law for New York on

Q: NYC local govt like NYC Deptt. of Sanitation or Transportation are exempted from E-Verify? Can I work there on STEM OPT?

NYC local government like NYC Deptt. of Sanitation or Transportation are exempted from E-Verify? Can I work there on STEM OPT?

Do the NYC government departments MUST enrolled in E-Verify to hire on STEM OPT even if they are exempted from E-Verify?

Hector E. Quiroga answered on Dec 8, 2017

Your best bet is to contact the employer directly to ask.

1 Answer | Asked in Employment Law, Immigration Law, Education Law and Gov & Administrative Law for New York on

Q: NYC local govt. like NYC Deptt. of Sanitation or Transportation are exempted from EVerify? Can I work there on STEM OPT?

Do the government departments MUST enrolled in E-Verify to hire on STEM OPT even if they are exempted from E-Verify?

V. Jonas Urba answered on Dec 6, 2017

An immigration lawyer or one who serves as counsel (possibly in house) for higher education is best suited to answer this question.

https://studyinthestates.dhs.gov/stem-opt-hub

1 Answer | Asked in Education Law for New York on

Q: This is just a general question I’m 17 and I was to go back to high school I don’t have any transcripts or records can

They refuse me? I went to a European school I don’t know if that would matter

Michael David Siegel answered on Nov 29, 2017

No, you cannot be refused. Go to the local school and register.

1 Answer | Asked in Contracts, Personal Injury, Consumer Law and Education Law for New York on

Q: can i be able to seek legal remedy if the college i attended does not recognize my leave of absence and charging for it.

i had a justified reason to withdraw from college but the college says it didnt recognize the withdrawal i did because due to what kind of withdrawal i did at the time i applied for it. They are saying that i couldve took an medical leave of absence and i would have to sign extra paperwork with... Read more »

Michael David Siegel answered on Nov 28, 2017

The policy is standard and you are going to have to follow through with it.

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New York on

Q: What recourse do I have if I've received a letter from a law firm that falsely accuses me of something?

The letter is from a law firm representing a school district superintendent. After a meeting in which she invited me into her office, she sent a letter saying that she was fearful and that I threatened her staff. I did neither of these things, and in fact waited politely while the secretary... Read more »

Michael David Siegel answered on Nov 21, 2017

You need to write a responsive letter to correct the record. There is nothing else you need to do now, unless there are other consequences.

1 Answer | Asked in Education Law for New York on

Q: Is it legal for a graduate program to promote their program using false information about previous graduates?

I finished graduate school and upon entering the program the site mentioned how they had graduates who had these certain jobs in the field and how some went on with further education to get more advanced positions. After the first semester we found out we were the 2nd class for this program and... Read more »

Michael David Siegel answered on Nov 19, 2017

You can report it to the New York State Department of Education.

1 Answer | Asked in Education Law, Criminal Law and Personal Injury for New York on

Q: What can I do if the school teacher slammed the door on my son who is epilepsy causing bruises on his head and arm?

Michael David Siegel answered on Oct 31, 2017

I am not sure what the epilepsy has to do with this, but if you believe the slamming of a door was intentional you can call the police.

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