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Wisconsin Education Law Questions & Answers
2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

James L. Arrasmith
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answered on Feb 22, 2024

The processing times for each stage of the EB-3 visa process can vary significantly based on several factors, including the volume of applications being processed and the specifics of your case. Generally, obtaining a PERM Certificate can take about 6 to 10 months, but this timeframe can fluctuate.... View More

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1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Wisconsin on
Q: My kid is being told she is gonna get sent to civil court

This girl lost her AirPods in the diving instructor’s car then when my daughter went to drive the instructor asked if she me so and so if she can return the AirPods my kid said idk her he then said return them to the office So she brought them home and next day she went to school with them and... View More

James L. Arrasmith
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answered on Nov 18, 2023

In this situation, it's important to know that your child does not appear to have a legal obligation to pay for the lost AirPods. The fact that she initially tried to return them to the office demonstrates that she didn't intend to steal them. Additionally, the school's police... View More

4 Answers | Asked in Copyright, Education Law and Intellectual Property for Wisconsin on
Q: Can curriculum created by school staff through grants/federal funding be copyrighted?

Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.

James L. Arrasmith
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answered on Mar 29, 2023

Curriculum created by school staff through grants or federal funding can potentially be copyrighted. However, the copyright ownership may depend on the specific terms of the grant or funding agreement. If the grant or funding agreement specifies that the curriculum is a work for hire, then the... View More

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4 Answers | Asked in Copyright, Education Law and Intellectual Property for Wisconsin on
Q: Can curriculum created by school staff through grants/federal funding be copyrighted?

Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, it can, however you need to review the terms of the grant. When the Federal Government produces creative material it usually is copyright free (search Google for "U.S. Government Works" to learn more). Works prepared for the Federal Government by contractors may be owned (and... View More

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1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for Wisconsin on
Q: 17 yr old child punched in face at school by a 16 yr old. on camera

Principle has mediated multiple times before and even told 17yr old to not fight back if something ever happened. After battery incident 16yr old was ticketed by schools SRO and suspended by school. a day after incident the 16yr old then went to instagram to brag, write more threats of harm and... View More

Todd B. Kotler
Todd B. Kotler
answered on May 4, 2023

What negative impacts is this having on the 17 year old? Is this effecting his access to the curriculum? IS the bullying occuring due to belonging to a protected class? File the report regardless and file a report against the principal and SRO for their failure to protect the 17 year old.... View More

3 Answers | Asked in Education Law and Immigration Law for Wisconsin on
Q: Hey I’m Moh, I was a student. I left the school for financial problems during Covid hit. My sevis has been canceled.

I have a girl friend and looking forward to get married soon, what’s the procedure? I haven’t take any steps further yet

Tia L. Smith
Tia L. Smith
answered on Nov 9, 2021

Assuming you qualify, once you are married, you would need to file for an adjustment of status, which is a multi-step process. Please contact immigration counsel to discuss specific requirements and costs associated with filing. Best of luck!

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1 Answer | Asked in Education Law for Wisconsin on
Q: Our school is refusing to allow our children with health issues to switch to a virtual model. Is this legal?

This is during a pandemic. The school is not screening students as they enter the building which has resulted in students being exposed to children who have tested positive. Our children and a household member suffer from autoimmune issues and one child is awaiting test results for leukemia.... View More

Raul Jauregui
Raul Jauregui
answered on Oct 2, 2020

I'm very sorry to her of this situation which sounds dreadful, but, I hasten to add, I am not giving any kind of opinion.

I do think, from what little I discern just from this question, that if I was a parent in that situation it would seem to me that at the very least if my child...
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1 Answer | Asked in Education Law for Wisconsin on
Q: if a student were to trip and break something do they have to pay for the replacement?

It was a hazardous wire in front of a TV, then said student accidentally broke the TV would the student then have to pay for a replacement?

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2020

It could depend on the school district. Many districts across the nation would let it go, treating it for what it was, an accident. Students should not be held accountable if their conduct was accidental. Further, there could be insurance to cover such losses. Your question remains open for four... View More

1 Answer | Asked in Education Law for Wisconsin on
Q: Is my principal allowed to follow me home and question me why I left?

I'm 18 year old senior in high school, I had a modified schedule which allows me to leave earlier than the rest of the students. I am not mad about it, I am just wondering if this is allowed. I am guessing this is fine but it just worried me a little. Also I don't know where to even start... View More

Emmanuel Muwonge
Emmanuel Muwonge
answered on Feb 21, 2018

Your question is a valid concern for a number of reasons. Having said that, I don't know what school or school district you are in and what the regulations are regarding the duties of the principal and the protocol regarding errant students or students deemed not to be compliant with... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Wisconsin on
Q: My school is threatening that if i talk to 1 specific person on school grounds ill get a ticket and in trouble can they?

i am being accused if being in a fight with a female at my school. i was suspended for 4 days i hen had a meeting with the assistant principle and they told me if i talk to her again on school grounds that they will have me suspended or expelled. i never signed anything saying those were the... View More

Emmanuel Muwonge
Emmanuel Muwonge
answered on Feb 6, 2018

While you do have rights of speech as you clearly articulate, those rights of speech must be contextualized. You must remember that the school as an institution has rules and regulations governing the conduct of students like you. Schools usually design their rules and regulations on the basis of... View More

1 Answer | Asked in Education Law, Juvenile Law and Personal Injury for Wisconsin on
Q: My 15 year old son was involved in the fight at school with a 19 year old student do I have a lawsuit?

My son was in the classroom the teacher was in the classroom the Bell just rang 19 year old student approach my son was in his face and shove them and they started to fight my son was suspended from school for rest of the school year

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

Can fight the suspension--seems overly harsh, will impact graduation. School is only repsonsible if the 19 year old wasn't supposed to be there or if the 19 year old had a known propensity to violence. However your son 1)being in his face and 2)shoving him makes your son likely to lose.Contact... View More

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