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New York Education Law Questions & Answers
2 Answers | Asked in Criminal Law and Education Law for New York on
Q: My friend covered a fire alarm in her dormitory room at college, they found it and she has a hearing, what to do?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

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

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2 Answers | Asked in Criminal Law and Education Law for New York on
Q: My friend covered a fire alarm in her dormitory room at college, they found it and she has a hearing, what to do?
Tim Akpinar
Tim Akpinar
answered on Apr 29, 2023

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

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1 Answer | Asked in Health Care Law, Education Law and Gov & Administrative Law for New York on
Q: If the judge put a neglect case on me but I got my children back can I go to school to become a nurse to care for adults

I want to go to nursing school or am I not allowed to have nursing license in ny state

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

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

2 Answers | Asked in Education Law for New York on
Q: A parent complained that her child’s teacher has been absent so long and she’s not happy with the substitute teacher.

I told the parent, “The teacher will be back in 2 months. She’s out for medical reasons… on a restoration of health.” Did I violate HIPPA Laws by saying this??

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2023

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

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1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My 13yr.daughter was assaulted by another student who hit her in the head with a cast. Can we sue the school & child?
Tim Akpinar
Tim Akpinar
answered on Dec 19, 2022

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

1 Answer | Asked in Education Law and Municipal Law for New York on
Q: Aren't each township in each state supposed to inform the drivers that there is a school nearby by displaying signs?
Tim Akpinar
Tim Akpinar
answered on Dec 6, 2022

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

1 Answer | Asked in Education Law and Health Care Law for New York on
Q: I do not want the vaccine but it's mandatory for in-person classes. Is my right to education & health protected?

Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 23, 2022

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

2 Answers | Asked in Education Law and Intellectual Property for New York on
Q: Access Rights to Professional Archive

I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More

Alan Harrison
Alan Harrison
answered on Mar 21, 2024

When you ask for specific cases or legal rules on an abstruse issue like this, you are asking an attorney to do a couple hours of work for free. That is not an attractive ask.

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1 Answer | Asked in Consumer Law and Education Law for New York on
Q: In New York, can youth purchase alcohol for law enforcement purposes?

If you were to have an experiment where you'd ask children (with the consent of their guardians and their signature) to go to specific stores that sell alcohol and try and see which stores ask for an ID and which don't then list them all down, would that be legal, or illegal. No fake IDs... View More

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2024

Your question remains open for two weeks. Some questions remain unanswered on this forum, but one option could be to repost under Criminal Law. That might increase chances for a response. Good luck

1 Answer | Asked in Immigration Law and Education Law for New York on
Q: As an international student who got dismissed from college, what should my next step be for my reinstatement application

Hello, as an international student in the USA, I got dismissed from college on June 12th, 2023. My appeal was rejected and now I'm looking to apply for reinstatement. what is my next step in this case or how does the reinstatement work in general? thank you in advance

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2023

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

1 Answer | Asked in Family Law and Education Law for New York on
Q: fees regarding representation for my autistic 4 yo son for kindergarten this upcoming year

I would like to know about your costs and fees. my son who has autism is turning 5 this year and he is starting Kindergartner and the schools that i contacted asked that he is represented by a lawyer. i don't know why and i would like to know about it if its possible. i also wanted to know the... View More

Michael David Siegel
Michael David Siegel
answered on May 15, 2023

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

1 Answer | Asked in Civil Rights and Education Law for New York on
Q: Can I sue my school if they dress code me for something that's not listed in the code of conduct of the school district?

I'm in a school in yonkers public schools district. I am wearing shorts about 3-4 fingers above my knee. A friend told me that the code of the school was 4 fingers above the knee so even if that was true, I shouldn't have been dress coded since my shorts are long enough. But no where on... View More

Jack Mevorach
Jack Mevorach
answered on May 12, 2023

Sounds like the school is being overly concerned about this particular dress code. Three or four fingers above the knee - a far cry from miniskirts - should not present a problem.

Jack

1 Answer | Asked in Health Care Law, Consumer Law and Education Law for New York on
Q: Can you sue a person who works at health care center on campus for delaying service intentionally? Thank you.
Tim Akpinar
Tim Akpinar
answered on Dec 14, 2022

It could depend on the extent of damages resulting from the delay in providing medical care. If the ensuing damages are not significant, many law firms would be unlikely to handle on a contingency basis. Good luck

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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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