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New York Education Law Questions & Answers
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... View More

Michael David Siegel
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... View More

Michael David Siegel
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
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.

1 Answer | Asked in Consumer Law and Education Law for New York on
Q: Can a school principal deny a religious exemption for an immunization. My daughter has been out of school for 3 weeks.

I had to submit an appeal to the commissioner of education and request a stay and that was not easy to write either.

Michael David Siegel
Michael David Siegel
answered on Oct 30, 2017

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.

1 Answer | Asked in Education Law and Tax Law for New York on
Q: Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?

My wife and I changed our daughter’s school from private to charter June 2017 due to financial hardship before she began the 2017/2018 year.

School in question offered a tax donation receipt for family friend previous year but are refusing to do same for us, firstly citing that they are... View More

Barry E. Janay
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answered on Oct 19, 2017

It's possible that they are being truthful and relying on their advice of counsel. It's possibly because there is a different entity that accepts donations (like an irrevocable trust for instance or a fund). If the tuition was deposited into the operating account they can't just... View More

1 Answer | Asked in Business Law and Education Law for New York on
Q: Forming education technology company, seeking guidance on COPPA compliance

I'm near the Alpha launch of an education technology company, but wanted to find a lawyer that understands COPPA and can help me with:

1) Making sure the software designs and data collected are compliant with COPPA

2) Terms of Use and Privacy Policy for the app and software... View More

Barry E. Janay
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answered on Sep 1, 2017

I've assisted with dozens of COPPA advising matters. Happy to discuss the particulars with you please email me or call me anytime to discuss further.

1 Answer | Asked in Criminal Law, Education Law, Federal Crimes and Sexual Harassment for New York on
Q: A friend of mine has accused a fellow student whom she was dating of sexual assault at her school.

There was a hearing scheduled this week. However, the person who assaulted my friend has now responded by accusing my friend of sexual assault in turn. I have not told anyone this, but I was also assaulted by the same person who assaulted my friend and has now acused my friend. Should I go to the... View More

V. Jonas Urba
V. Jonas Urba
answered on Aug 24, 2017

You should discuss this with a civil rights lawyer. Your question deals with harassment on school property and many facts that you should not post here should be analyzed such as public versus private school, what the school knew or should have known and details of the assault.

These are...
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1 Answer | Asked in Contracts and Education Law for New York on
Q: I saw in an article that 'tuition plans that collect different amounts from students for the same training are technical

I attended a non-traditional education program that charges a fee after we graduate based on our salary. Each student would be paying different rates than one another, but we all were given the same service. For example, one student would pay 1000 a month once he or she finds a job and the other... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

I see no problem with such a sliding scale tuition system. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

3 Answers | Asked in Employment Law and Education Law for New York on
Q: If appointed in one area, but then taught in another, can I get tenure by estoppel before I am certified in the other?

I live in New York state. I was hired in 2001 and appointed as a special education teacher in a non NYC district. I received my certification in elementary and special education, but then was assigned to be a gen ed math teacher after two years in the district. I have been teaching gen ed math... View More

Bruce McBrien
Bruce McBrien
answered on Jul 7, 2017

The first question I would ask is if you are a member of a Union. If you are a member of a Union, the answer to your question is probably in your collective bargaining agreement. You should read it carefully or contact a labor attorney to review the agreement.

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1 Answer | Asked in Education Law for New York on
Q: What's the first step to starting a charter school in New York?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 1, 2017

It depends on the city. Typically there are multiple steps and certifications required. It can take at least a year. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about... View More

1 Answer | Asked in Education Law and Municipal Law for New York on
Q: Can a person hold positions as both a firefighter/police officer, and a member of a school board?

Re: NYS Education Law Section 2103-a

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 9, 2017

I see no reason why not. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

2 Answers | Asked in Education Law for New York on
Q: My wife has a teaching certificate from another state - can she teach here?
Michael David Siegel
Michael David Siegel
answered on Jun 2, 2017

In private, not public, school.

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2 Answers | Asked in Education Law for New York on
Q: How can I obtain my certificate from a school that is simply giving me the run around?

I passed all my classes. I only had to make up a few missed hours. They gave me a proposal to obtain my certificate that required more money from my pocket and that was never mentioned during enrollment or my time attending these classes.

Michael David Siegel
Michael David Siegel
answered on May 11, 2017

Start with a letter documenting your issues. You can sue for the misrepresentation.

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1 Answer | Asked in Education Law, Family Law and Personal Injury for New York on
Q: I want to know what i can do to sue my child school or the parent of the child that hurt mines.

Hello, i have a situation. My 7 year old got pushed by another child at school this friday and she fell on the sink and to the floor, she got a big open hole on her chin and had to get 6 stiches, one on the inside and five on the out side her bone was visible. I want some justice i want soemthing... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 8, 2017

See: http://www.aeesq.com/education-lawyer/bullying-school-injuries-civil-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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1 Answer | Asked in Education Law for New York on
Q: My grand daughter is special needs and is going to be living with me for a few months

- is there any issue with her as a non-resident getting into the right programs at the local public school temporarily?

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2017

There are many issues. Unless you are her legal guardian, and she is changing her residency, she cannot go to the local school just by showing up. I am unclear of the circumstances, but if she is changing schools, this is a major issue. Talk to the school you want her to go to in advance and see... View More

1 Answer | Asked in Education Law for New York on
Q: If my daughter who is 13 has a 504 plan in place for a mild hearing loss which requires a auditory trainer who provides

the auditory trainer if my daughter goes to private school outside of public school district where I live. The public school which renewed the 504 plan in June said they are not responsible.

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2017

I believe that is true. Why would the public school still be responsible? From my understanding if you pay tuition for her to go to private school you must also pay for the auditory trainer

1 Answer | Asked in Education Law for New York on
Q: What are the laws in New York about providing public school special services for kids with autism.
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 8, 2017

The ADA should apply here, as well as NY Education codes re: accommodations for special needs students in public schools. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

2 Answers | Asked in Civil Rights and Education Law for New York on
Q: i am looking to sue a professor at my nursing school, and also the school for discrimination. who do i call??

I have had many issues including discriminating actions toward me for the three years i went to this nursing school. i have recently been kicked out of my program due to less than a half point failure. i am left with over 100k in student loans. i need help.

Michael David Siegel
Michael David Siegel
answered on Apr 4, 2017

You likely have no case. You are being kicked out for the grade, not civil rights. Appeal the decision in the manner required. That is your real option.

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2 Answers | Asked in Consumer Law, Contracts and Education Law for New York on
Q: I called the college at Brockport 2 months ago and asked them if my fiancé could be exempt from having to live on campus

They said yes but now they are going back and said I needed proof we were going to get married to I sent them an email including our same the date and other proof and they blocked my email I don't know what to do he can't live on campus we already signed our lease. Is there anything I can do?

Barry E. Janay
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answered on Mar 29, 2017

Do you have anything in writing from them saying that they would allow it?

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1 Answer | Asked in Civil Rights, Education Law, Family Law and Juvenile Law for New York on
Q: I'm 18 and I want to go to school in a different state without my parents?

I'm 18 years old and I'm a junior. I live in NY. My sister lives in SC. She wants me to move to SC and finish school there. My parents are totally okay with that. But my question is is there a way I can go to school there without my sister taking custody of me or a legal guardian? After... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 25, 2017

If you're 18, you're legally considered an adult, and nobody can "take custody" of you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

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