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New York Education Law Questions & Answers
1 Answer | Asked in Education Law for New York on
Q: My kid refuses to go to P.E. Is there are legal way for me to get him out of it at his public school?
Michael David Siegel
Michael David Siegel answered on Dec 7, 2018

Having a documented disability that prevents it, like a 504 plan.

1 Answer | Asked in Education Law for New York on
Q: Can NYSED mandate the curriculum of a school that receives no state funds and doesn't award diplomas?

Can the New York State Department of Education force a private, religious school to learn secular subjects when the school in question receives no state or federal funding and doesn't award diplomas to its graduates?

If possible, I'd like to know which laws are relevant in such... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 3, 2018

If you are looking for a New York license, you need to follow the requirements. A "school" can be unregulated, like a religious school that meets on weekends. But if you are looking for the school to satisfy the education requirement that kids be in school, you need State licensing.

1 Answer | Asked in Education Law for New York on
Q: My child attends a private middle school and just came out as gender-queer.

What protections do we have to make sure they don't get kicked out of school?

Michael David Siegel
Michael David Siegel answered on Nov 19, 2018

None. Kicking out of school for that reason violates Federal and local law. If it happens, call a lawyer.

1 Answer | Asked in Consumer Law and Education Law for New York on
Q: Does a graduate school complaint fall under consumer fraud or education law?

Entire graduating class of 2018 plus graduates from previous years have complained about the gap between how our program is marketed and what is actually delivered. Meetings with the department chair resulted in inadequate change. A group meeting with the Provost, (who promised confidentiality),... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 31, 2018

It can possibility involve elements of both types of law. A starting point could be a consultation with an attorney who could examine the promises or representations made by the school and their legitimacy. But these types of matters could possibly involve extensive discovery, which could be... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Education Law and Employment Discrimination for New York on
Q: I got bit by a student. I’m afraid to enter my own classroom. My principal and union know. I went to the doctor.

I’m afraid to be near him. Every time he’s in school, some one gets hurt. Usually me.

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

You have an unsafe workplace. If your union won't do anything about it I suggest you contact a member of the NYState Trial Lawyers Assn who handles employment issues. You may have to try a number. Try the National Employment Law Project: https://www.nelp.org/

As they are a Legal...
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Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...

We moved here 2 months ago and our kids are doing great in schools. We applied for the vaccine exemptions as we have the last 9 years and we were denied because the school district claims we weren't sincere in our religious beliefs. The system in place to appeal seems extremely legalistic. It... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 16, 2018

It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.

1 Answer | Asked in Education Law for New York on
Q: Are you legally entitled to enroll your child in any publish school district of your choosing?
Michael David Siegel
Michael David Siegel answered on Sep 25, 2018

Absolutely not. Only in the one that the child resides in.

1 Answer | Asked in Consumer Law, Criminal Law and Education Law for New York on
Q: My school changed a rule where i have to go back to another class that i passed and got the credit

Hi I go to baruch. My school is making me take a class that I passed in fall 2017 again because they have change the rules.

I took precalculus and passed with an D. Then i went on to calculus and failed. Now during mid semester of taking calculus the school was encouraging studens to drop... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Sep 1, 2018

This is exactly the type of situation where we are often hired on a small initial hourly retainer (atty = $180.00/hr and paralegal = $75.00/hr) of like $320 and we simply solve the issue for you. If it ends up in litigation you can get attorneys fees back, but I bet a few phone calls a letters and... Read more »

1 Answer | Asked in Education Law for New York on
Q: I’m taking online courses, and I have been charged with academic dishonesty by the professor.

He think I shared my answer with other students, because my way of solving the math problems is similar to other students way, he don’t have prove that we cheated from each other and we didn’t cheat. I explained to him why we have the same solution because we studied together and we saw a... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 12, 2018

You must take this seriously. Download the school handbook to understand the procedure for appealing this issue. Make sure you save all work and documents that support your case.

1 Answer | Asked in Education Law for New York on
Q: what to do in the event that they wont promote my daughter even though she is currently in summer school

I dont agree that she should be held back just because her reading level is 2 levels behind

Michael David Siegel
Michael David Siegel answered on Jul 21, 2018

Under current law, the principal actually has full discretion to make this decision. Call the district superintendent's office to see if you can get the decision reversed.

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
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
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...
Read more »

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
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
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
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...
Read more »

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
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... Read more »

Michael David Siegel
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
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... 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
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
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.

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