New York Education Law Questions & Answers

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

1 Answer | Asked in Criminal Law, Education Law and Internet Law for New York on
Answered on May 8, 2018
Andrew S. Tabashneck's answer
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 very least, one of the less serious charges of harassment would apply. It is difficult to determine which level of harassment applies to this situation because of the lack of facts. For instance,...

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

1 Answer | Asked in Education Law and Criminal Law for New York on
Answered on Apr 14, 2018
Michael David Siegel's answer
You can make a complaint with the police. If there are damages due to injury, you can sue in court.

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

1 Answer | Asked in Education Law and Employment Law for New York on
Answered on Mar 16, 2018
V. Jonas Urba's answer
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 doctors note but for several weeks before the note was delivered the employee had issues performing their job duties, reported late, had excessive absences or unexcused call-outs, was on vacation, or the...

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

2 Answers | Asked in Education Law for New York on
Answered on Mar 6, 2018
Michael David Siegel's answer
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.

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

1 Answer | Asked in Education Law and Civil Rights for New York on
Answered on Feb 15, 2018
Michael David Siegel's answer
Is this only at the school level or criminal level too. If criminal, get a criminal lawyer, as that is your biggest issue.

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

1 Answer | Asked in Civil Rights and Education Law for New York on
Answered on Feb 8, 2018
Lori E. Arons' answer
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 variations of the definition. Whether your actions rise to the level of cyberbullying will depend on the entirety of the facts and the applicable definition of cyberbullying. You can check your school's...

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

1 Answer | Asked in Education Law for New York on
Answered on Feb 3, 2018
Michael David Siegel's answer
Yes. Someone will come looking. However, think of defenses you may have to payment.

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

1 Answer | Asked in Education Law for New York on
Answered on Jan 31, 2018
Michael David Siegel's answer
It depends on the nature of the bullying, and if it is all in school or out of school too.

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

1 Answer | Asked in Education Law for New York on
Answered on Jan 22, 2018
Michael David Siegel's answer
You can drop out with parent approval.

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?

1 Answer | Asked in Education Law for New York on
Answered on Dec 24, 2017
Michael David Siegel's answer
If it is in the IEP, then you are allowed this modification. It is done for people who need it.

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

1 Answer | Asked in Employment Law, Immigration Law, Education Law and Gov & Administrative Law for New York on
Answered on Dec 6, 2017
V. Jonas Urba's answer
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

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

1 Answer | Asked in Education Law for New York on
Answered on Nov 29, 2017
Michael David Siegel's answer
No, you cannot be refused. Go to the local school and register.

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.

1 Answer | Asked in Contracts, Personal Injury, Consumer Law and Education Law for New York on
Answered on Nov 28, 2017
Michael David Siegel's answer
The policy is standard and you are going to have to follow through with it.

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

1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New York on
Answered on Nov 21, 2017
Michael David Siegel's answer
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.

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

1 Answer | Asked in Education Law for New York on
Answered on Nov 19, 2017
Michael David Siegel's answer
You can report it to the New York State Department of Education.

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?

1 Answer | Asked in Education Law, Criminal Law and Personal Injury for New York on
Answered on Oct 31, 2017
Michael David Siegel's answer
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.

Q: Can a school principal deny a religious exemption for an immunization. My daughter has been out of school for 3 weeks.

1 Answer | Asked in Consumer Law and Education Law for New York on
Answered on Oct 30, 2017
Michael David Siegel's answer
Not only can the principal deny an exemption, they will usually do it. The appeal is all you can do. The problem is that the appeal may take a year or more to resolve, and your grounds must be established. This is a technical issue.

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