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COVID-19 Education Law Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... Read more »

1 Answer | Asked in Education Law for California on
Q: What if my son was misdiagnosed at school?

My son was misdiagnosed with supposed symptoms of COVID-19™. The district nurse said my son complained of a headache after running around with a mask on. A different student in her care complained about a sore throat.

The nurse crossed out 'bad headache' took my son's... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 13, 2020

With schools just starting to re-open and pressures on districts from Parents regarding both health concerns for safety and getting the students back in school, the schools are going to be over cautious to be sure that any student with even a hint of a symptom is thoroughly vetted. If you think... Read more »

1 Answer | Asked in Education Law and Employment Law for California on
Q: Do Minor work permits change because of online schooling? Can we work more than 4 hours on a week day?

Since schools have been moved to online and we are not physically going to school, can a 17 year old work more than 4 hours on a Monday? My boss doesn't know for sure but my school did provide a new work permit providing new hours, but my boss would like to make sure its legal before he takes... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 9, 2020

There have been no changes to the laws related to minors working that have come about as a result of the Covid situation. Therefore, the same limitation on the number of hours a minor can work apply now as before.

Your boss needs to get specific, confidential advice from his attorney, not...
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2 Answers | Asked in Contracts, Civil Rights and Education Law for Ohio on
Q: it Is legal for a public university to randomly require students to test for Covid and deny access to their class if not

Students will be randomly selected throughout the semester, 100 at a time. Students with no symptoms, no contact tracing, perfectly random. If they choose not to be tested they will be made to “ quarantine “until they comply. They will not be allowed to attend their classes. This is only for... Read more »

Matthew Williams
Matthew Williams answered on Aug 5, 2020

That’s a rather strange scheme. There’s little precedent on a lot of these issues. General, common sense health precautions are likely to be upheld in court. But this does seem wrongheaded. For one thing, with limited testing resources, it makes sense to focus on those with symptoms or probable... Read more »

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1 Answer | Asked in Education Law for California on
Q: Can I do anything about my school not refunding or not providing services

Hi, I’m just wondering recently I’ve been going to a technical school and we had to complete certain things in the class to get our certification but since covid happend the school was forced to close and we weren’t able too, and when I had talked to the counselor about it even though I was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Read your contract. Take it to an attorney specializing in Education Law or Business Law and have him review it as to your rights. If you are not satisfied, file in Small Claims Court. This is essentially a breach of contract, you may be able to get your money back, it depends what the contract... Read more »

1 Answer | Asked in Consumer Law and Education Law for California on
Q: Can I request a refund from a school that closed since March due to pandemic?

Private school won't give me refund for my child's language class due to closure since March. They switched to online class, but the teacher didn't contact us prior so we couldn't attend online class, even if we can I don't feel as if the teacher was capable of teaching... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 23, 2020

Make sure you have put your request for a refund in writing, which will be evidence. File in Small Claims (up to $10,000) and take your case before a judge. There are a lot of posts on this question, and no sure answer. Be sure to review your contract with the school.

Justia disclaimers...
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2 Answers | Asked in Personal Injury and Education Law on
Q: Can a university ask students to sign a waiver (COVID) if not signing puts their registration on the line? (coercion?)

Our university has asked students to sign a waiver in order to return to campus in the fall. Those who sign the waiver relinquish their rights to sue the university or claim compensation if they get sick and/or die of COVID-19. Failure to sign the waiver means a student will have their student... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

You raise good questions, but the validity of the waiver might be something requiring the ruling of a court. As a general premise, waivers against injury tend to be frowned upon by courts as a matter of public policy. Another issue is that even if a waiver was upheld, lawsuits based on COVID-19... Read more »

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1 Answer | Asked in Education Law for Indiana on
Q: For children whose parents don't want them to return to the classroom this fall, the school is offering online learning.

However, those who choose this option are denied access to extracurricular activities. Is there a legal remedy for this?

Joel D. Hand
Joel D. Hand answered on Jul 1, 2020

The short answer is, probably not. Extra curricular activities are not considered to be a part of a student's right to a public K-12 education. It is my understanding that the Indiana High School Athletic Association (IHSAA) changed its guidance this last Friday to allow for a case-by-case... Read more »

2 Answers | Asked in Consumer Law, Contracts, Business Law and Education Law for California on
Q: How should I request a university program in California to return my admit deposit since they have deferred starting?

I was selected in a program that has now deferred their start date due to CoVID. They requested a sizable deposit to secure my position in the program for their initial start date. The program no longer fits my timeline and they have refused to refund the deposit. What can I do in this situation?

John Francis Nicholson
John Francis Nicholson answered on May 20, 2020

I agree with Mr. Kaufman that you may need an attorney to sort this out. However, your question does not indicate whether you have contacted the university directly to find out what there policy is, and what writing is it based on. Some schools have a refund policy based upon a timeline that... Read more »

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2 Answers | Asked in Business Law, Education Law and Employment Law for New York on
Q: If I signed a contract from a school district to coach baseball and district closes b/c corona virus should I get paid

This is a contract for salary

not service. The school shut down the day of start of season

Derek John Soltis
Derek John Soltis answered on Mar 19, 2020

You should read the contract. If it was well written there would be a force de majure clause. The clause let's parties out of the contract for events beyond their control.

The clause may not be in there, and there maybe clauses in your favor, but without reading the contract no real...
Read more »

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