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Education Law Questions & Answers
1 Answer | Asked in Immigration Law, Civil Rights, Education Law and Juvenile Law for Louisiana on
Q: The teacher calls my son stupid cos.he doesn't speak English
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 11, 2022

Make an appointment with the Principal

1 Answer | Asked in Employment Law, Education Law and Libel & Slander for Virginia on
Q: My spouse has been accused (verbal and In Writing) of “forcing subordinates” to falsify documents (student grades).

Additionally, her employer (for profit college) has been accused of violating Virginia Board of Nursing practices. The institution is being represented, and tell my spouse “not to worry, they represent her too”…I am afraid she will be made scapegoat. Do I need an employment or defamation attorney?

Steven Krieger
Steven Krieger
answered on May 11, 2022

You may need both, but it depends on the allegations in the complaint and if she's a named party. If not, and she simply wants to sue for the defamation, then you only need a defamation lawyer. I don't think the company's lawyer could properly represent her as well. I'm sure... Read more »

1 Answer | Asked in Education Law for Florida on
Q: Can I file a cause of action against my child's school in federal court, for violations of FERPA?

As her parent, I cannot access her grades or the County Parent Portal, based on the school's misreading of my divorce decree and hearsay information from the other parent. The parent plan contains standard information sharing for the divorce.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 8, 2022

Perhaps, but it would probably be much more efficient, economical, and quick to explain to the school what the divorce decree provides. Or if all else fails apply to the court which issued the decree a specific order regarding the matter.

1 Answer | Asked in Education Law for New Jersey on
Q: My sons school will not let me speak to his teacher who thought he was under the influence. Am I legally allowed to?

My son is classified OHI and has an IEP. His teacher thought he was under the influence because he was exhibiting erratic behaviors. he was sent out to be drug tested, it came back negative. To prevent this from happening again, and to find out the complete story, I would like to speak with the... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on May 5, 2022

They can restrict direct access to the teacher, but you can convene a meeting with the IEP Team and his case manager and get to the bottom and require the teacher to be there

3 Answers | Asked in Insurance Defense, Family Law and Education Law for Florida on
Q: I submitted paper work to claim a life insurance that my mom left me. There is a problem with her last name.

She died in PR im in FL. They are asking for a notarized form that says that she is the same person due to different last names. Im in FL the company is in PR. What can I do? Please help. Thanks!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2022

I don't understand your problem. Fill out the form, sign it before a Florida notary public, and mail it to the insurance company.

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1 Answer | Asked in Business Law, Education Law and Intellectual Property for New York on
Q: Is this free work? Is this legal?

A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Apr 29, 2022

If you receive college credit for the work, it is legal, like an internship.

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for Oklahoma on
Q: How much would the bong be if the charge was 21 o.s. 649(B) She was charged that for biting a police officer
David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

This will depend on where the charge is filed, her criminal history, and possibly other factors.

1 Answer | Asked in Education Law, Family Law, Personal Injury and Child Custody for Texas on
Q: I am the custodial parent of a 10 yr. old, the NCP withdrew her from school w/out my permission and moved, can I sue?

He has been violating judges orders and I am in the middle of filing a Petition for Habeas Corpus. I have no idea where he moved. How can the school allow that?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 15, 2022

File a police report and have him arrested for interfering with custody it is a felony .

1 Answer | Asked in Contracts, Employment Law and Education Law for Connecticut on
Q: Do I have a case? 2017 & 2018 both contractual step increase years. I took leave 2017 & returned 2018 & no step awarded

I am aware that the 2017 year leave of absence cost me the right to have a step increase. This was a decision I made willingly when I chose not to return to work that year. However in 2018 I did return to work and I was still denied a step increase they were two steps in two years and I didn’t... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 13, 2022

This depends on the specific language in your contract. You should contact a Connecticut contract attorney to review the contract regarding step increases and any potential exceptions to this rule.

2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Are schools liable for behavior of their students on school sponsored trips?

Ex) a student injures a member of the public by engaging in reckless behavior

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

These are generally fact-intensive settings, and they can be complex. A central issue will often be whether there was a lack of supervision or negligent supervision on the part of the school (or possibly other entities, depending on the setting). An experienced attorney who had the chance to review... Read more »

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1 Answer | Asked in Personal Injury and Education Law for California on
Q: Can you sue a school for negligence if your child breaks their arm and the school does not notify you?

My child broke her arm at recess. Went to the nurse, was given and ice pack and sent to class. We were not notified of the injury. Once we picked her up we saw she was crying. She told us she fell at school and her arm really hurts. As soon as we saw it we could tell it was swollen. School denies... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 31, 2022

You might have some valid claims but schools have a lot of immunity. If the school not calling you made her injuries much worse then you might have a good case for damages... but if the delay by a few hours didn't make her injuries worse then the "damages" might not be worth... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Education Law on
Q: Can I sue my university/members of staff if I'm being emotionally attacked in a zoom meeting by senior members of staff.

I have a recording of the meeting. In a zoom meeting about my university attendance with three senior teaching staff members I was told I was not being genuine and lying when I was apologising and saying I'm trying my best to be professional. The members of staff admitted that they thought I... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2022

I'm sorry for your ordeal. Unfortunately, it is difficult to evaluate things based on the brief details of your post. You could reach out to attorneys to discuss in further detail. Keep in mind that these types of cases might not necessarily be handled on a contingency basis in the same manner... Read more »

2 Answers | Asked in Criminal Law, Education Law, Internet Law and Juvenile Law for Ohio on
Q: If I record someone making a bomb threat in a school. Do I (the recorder) get first degree telecommunications harrass?

I recorded someone making a bomb threat in a class room and posted it. I am now being charged with the first degree misdemeanor telecommunications harassment. Am I guilty of this charge? I did not say anything in the video at all. I was also suspended 5 days for Filming. I am a minor by the way.... Read more »

Matthew Williams
Matthew Williams
answered on Mar 25, 2022

Your guilt or innocence here turn on your intent. If you were a party to making the threat, that is, if you made the video with the intention of helping this other person communicate their threat, then yes, you are guilty of telecommunications harassment. If you made the recording with the... Read more »

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1 Answer | Asked in Education Law for Florida on
Q: Can a public college allow a student to force another student to write a report against another student ?

So students in my class were told by another student that they have to write a report about me. The students were told that the college staff authorized them to do so and such reports were used against me in a school hearing. So is it legal for a college administrator to authorize a student to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 18, 2022

I don't understand how a student could, allegedly, "force" other students to write such a report. In any event, if the report contains defamatory allegations about you, it might be possible for you to sue the author of the report, and possibly the college and the students who... Read more »

1 Answer | Asked in Education Law for California on
Q: iep

The question is with dual diagnose and the school not affording me a proper rep for my iep, what can be done and now they are forcing me to Trauancy hearing before a judge and all this is just retailation from last October aganist school.

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Mar 14, 2022

More information is needed, including WHAT your IEP entails and WHO you believe is not involved that should be included. You should not post any further details publicly, and I recommend you contact a qualified admin. law attorney who can provide you with a Free Consultation to explore your rights,... Read more »

1 Answer | Asked in Education Law and Family Law for Texas on
Q: My dad forced me to quit school in the 7th grade, how do I take legal action

My dad was very abusive and forced me to quit school, I have no further education beyond 7th grade, I am currently 19 years old.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 12, 2022

I am not sure of there is legally anything you can do at this point . Get you GED and look forward not backward, You could file a police report and see if they can charge your dad but don't count on any criminal charges being filed,

2 Answers | Asked in Education Law for Michigan on
Q: What is legal recourse if a school district refuses to allow a parent to enroll children in school?

Michigan: Parents divorced, both parents have joint legal custody, Mom removed children from school district (and moved 20 miles away) without permission from Father or from court, Court ordered children to be returned, Father reestablished residency within school district and has court order for... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 10, 2022

The part about you "reestablishing residency" confuses me and may be an issue here. You should flush that out with your attorney. Given the history you have with the school, it should come as no surprise that they are not bending over backward to accommodate you. Are they legally right?... Read more »

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1 Answer | Asked in Immigration Law, Tax Law and Education Law for Ohio on
Q: More than half of my property taxes go to City Schools which allow illegal immigrant's children an education without a

US birth certificate. Isn't this city overreach and illegal to use taxpayer money on children (or the children of parents who are here illegally) who are not born in this country and do not speak English (putting other children behind) and do not have legal status?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Mar 8, 2022

Would you rather they don’t have a safe place to go and get an education? They’re here and I’d you force desperate people out into the streets or will certainly cause more desperation and crime.

1 Answer | Asked in Criminal Law, Education Law, Contracts and Personal Injury for Illinois on
Q: can you sue a Montessori school if something happens to your child?

My son is attending a Montessori school and they had me sign a contract stating that I can’t sue them ever even if something happens due to their negligence

Charles Candiano
Charles Candiano
answered on Feb 28, 2022

It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.

1 Answer | Asked in Education Law for Michigan on
Q: My son is required to bring a personal laptop to school or get a school laptop with potential damage fees.

Is it legal for them to require me to pay money above and beyond taxes for my child to get the same education as everyone else.

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2022

Yes. And it sounds like they are providing equal education: your choice whether you use your own laptop or accept the school's.

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