Ask a Question

Get free answers to your Education Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Education Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law and Education Law for New York on
Q: I want to appeal a rating from the dept of Education, is that done through notice of petition or an order to show cause?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 18, 2017

What kind of rating? 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

View More Answers

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for New York on
Q: Is it legal (NY) for a police officer to examine and question a minor (13 years) without parent consent or presence?

My 13 your old son was at school complaining of headaches and was sent to the nurse's office. When examined by the nurse, his eyes weren't reactive to dilation. A police officer was called in and examined my child and further questioned him about drug use (was he taking drugs?, etc.) I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

This sounds legal. Your child should be familiarized with his civil rights. See: https://www.aclu.org/issues/free-speech/student-speech-and-privacy

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney....
View More

1 Answer | Asked in Education Law for New York on
Q: Can my daughter be left in the classroom? Teacher forgot! And, she was left with a male janitor...

Having problems with the teacher the whole year... mocks and bully's her.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 14, 2017

You may be able to sue for negligence and breach of contract if it's a private school. 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,... View More

1 Answer | Asked in Education Law and Libel & Slander for New York on
Q: Am I able to sue a CUNY school Laguardia community college for damages or bulling?

I am attending a continuing education program and I am being accused of breach of education integrity policy, The program director has taken action to dismiss me from the program. I have made an incorrect request regarding an E-book sample and received an email from the publisher requesting I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

I offer representation re: such matters. 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... View More

1 Answer | Asked in Education Law for New York on
Q: Can an elementary school hold a 10 year old accountable for being late to school?

An 11 year old minor is late to school 13 times since the September 5th. Lateness ranges from 2-15 minutes. The parents have taken full responsibility for the tardiness. Can the school really mandate that he serve 2 after school suspensions for this? What could happen if the parents refuse? Are... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Such consequences are legal and common. Don't be late. 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/... View More

1 Answer | Asked in Education Law for New York on
Q: are high schools able to take away your bookbag privileges?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It depends on the facts. 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 website. I practice law in CA, NY, MA, and DC in the following areas of law:... View More

1 Answer | Asked in Education Law and Contracts for New York on
Q: hi, can someone help me with a question?

a private center that provides education for higher learning. No contract was signed or written. Wanted my money back but the person refuse to give money back. The service starts in July. Do I have the right to get the money back? The first time I went to the office, I didn't notice... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

Have a lawyer review the contract and related communications. 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 website. I practice law in CA, NY, MA, and... View More

1 Answer | Asked in Education Law and Juvenile Law for New York on
Q: When a child has documented issues like ptsd and anxiety which interfer with school attendance what is the school to do.

My son developed press when restrained by our schools superintendent when he was 8 for not wanting to eat a tuna sandwich. Since then his attendance has been terrible and either tutored or homeschooled. When through therapy we got him back in school he would be bullied touched inappropriately by... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

You should consider contacting the police re: the attack. Also make sure the school is complying with the ADA. 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... View More

1 Answer | Asked in Education Law for New York on
Q: Can a child with an IEP ever be kicked out of a school because of it?

The child was attending an out of district school with the school's consent (a fairly routine practice at this school) which can be verified. He attended the school in district for three quarters of the school year with an IEP. In such a situation can they choose to force the child out because... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

Were they stating that they lacked the resources to educate the child? This might be an ADA violation. 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

1 Answer | Asked in Contracts and Education Law for New York on
Q: If a college program adds required classes after matriculation, do I have to take it or be grandfathered in?

I applied and matriculated into a college graduate program (in NYS) based on the requirements and curriculum needed and laid out on the website. If later in the school year they decided to add on a course and make it part of the requirements for those in the program, do I have to now take the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

I see no basis for being "grandfathered-in", as you say. College policies often state that their degree requirements are subject to change at the discretion of school leadership. Read your school's policies re: that. The best first step is an Initial Consultation with an Attorney.... View More

1 Answer | Asked in Education Law for New York on
Q: Can my school suspend me without the signature of my principal when there is a spot for the principal to sign ?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

Perhaps you received the unsigned copy. Check the original document to see if it was signed or otherwise authorized by the principal. 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/... View More

1 Answer | Asked in Education Law for New York on
Q: change of bus stop declined.

how do I appeal?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

You can contact the agency who made the decision about rules relating to appeals. 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 website. I practice law... View More

1 Answer | Asked in Education Law for New York on
Q: Hi, I'm a senior student from Grover Cleveland. Can I sue my school for failing to keep me satisfied with my schedule?

What Happened:

Before today, my last 2 periods (periods 7 and 8, respectively) were Tennis/Weight Training and US Government. However, my teacher never showed up for 8th period so I didn't learn anything about US Government from then. So I went to the guidance counselor's office... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

I see no basis for a lawsuit here, unless your Government teacher literally often failed to attend class (and no substitute teacher was provided), leaving you deprived of an education in Government. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Education Law and Sexual Harassment for New York on
Q: My daughter reported another student for sexual harassment and now is being punished because they say she lying?

My daughter is 13. The other boy is not getting any disciplinary action, and they are accusing her of lying because they "can't hear what was said but didn't see the touching on the camera"

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on the facts of the case. 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 website. I practice law in CA, NY, MA, and DC in the following areas... View More

1 Answer | Asked in Animal / Dog Law and Education Law for New York on
Q: Is it legal for a university professor to kick me out of a biology lab for having a service dog? She was not misbehaving
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

Service dogs have substantial legal protections, including on public and private school property. The teacher's actions might violate the law as well as school policies. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Education Law for New York on
Q: i'm a student in a mfa program for creative writing. the school's slashed the budget, & we have 1 prof now. can i sue?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on all the facts. You might be able to sue for breach of contract. 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 website. I practice law in... View More

1 Answer | Asked in Criminal Law, Education Law and Employment Law for New York on
Q: can a school official prevent someone from being on school property if they have no criminal record or restraining order

A school aided admitted to something and was fired for it. That person is no longer allowed to be on school property and is being prevented from taking a job at a different location in the school system. There is no legal action taken against the person.

Andrew M. Stengel
Andrew M. Stengel
answered on Jan 13, 2017

The answer to your question is: possibly. It depends on what the accusation was. But decisions by government employees may be subject to review.

1 Answer | Asked in Civil Rights, Juvenile Law and Education Law for New York on
Q: My son has been accused of cyber bullying should i bring an attorney to the school proceedings?
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2017

It is really your choice, and it depends on the severity of the charges and the potential punishment; if there is police involvement than I would say definitely yes. Furthermore, although you should be allowed to bring an attorney, some schools (generally private) do not allow students to do so.... View More

1 Answer | Asked in Education Law for New York on
Q: My university won't change my judicial record to reflect the facts. I have proof that I am right, but they still refuse

My school charged me with violating their drug policy. I appealed and on appeal they found that the charge was unwarranted, followed improper procedure, and was thrown out. I called today and their record still states I did community service, even though I have e-mail proof this was overturned.... View More

Michael David Siegel
Michael David Siegel
answered on Jan 9, 2017

A letter from a lawyer will probably take care of it.

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for New York on
Q: Is it arguable that in a private school an “affirmative right” to free speech exists due to the state 8th amendment.

After reading the 8th amendment of the New York state constitution I thought of this question and I would appreciate some clarification especially when a New Jersey court has already ruled on in issue (persuasive precedent) in favor of free speech.

Derek John Soltis
Derek John Soltis
answered on Dec 31, 2016

A New Jersey court's opinion about free speech does not affect the New York Court System. Each State's court rulings are only persuasive when trying to be introduced into a different state's court.

Read this article on how freedom of speech plays out in New York and...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.