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200 legal questions have been posted about education law by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include school law, and special education. All topics and other states can be accessed in the dropdowns below.
Education Questions & Legal Answers
Do you have any Education questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 200 previously answered Education questions.

Recent Legal Answers

What is the next step in the process?

Answered a year and 8 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education
You can research our backgrounds and reach out to one of us. What type of accident was this? Car? Slip and fall? 
You can research our backgrounds and reach out to one of us. What type of accident was this? Car? Slip and fall? 

need help for fictional school court case

Answered a year and 11 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education
A person can use deadly force in self defense if he reasonably believes that his life or limb is in imminent danger. So if this person on maple street reasonably believe that it was necessary to shoot his victim because his victim would use deadly force against him then he may have a self defense claim. ... Read More
A person can use deadly force in self defense if he reasonably believes that his life or limb is in imminent danger. So if this person on maple... Read More

For defamation

Answered 2 years ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education
You need to make a motion in the child support case to terminate the support order because the DNA evidence proves that the child is not yours. File the motion with the clerk of court and serve it on your ex girlfriend. Once the Judge reviews the DNA results, the order will be terminated. ... Read More
You need to make a motion in the child support case to terminate the support order because the DNA evidence proves that the child is not yours. File... Read More

terminating the 9-month housing contract

Answered 2 years and 4 months ago by Andrew M. Jaffe (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Education
This comes under my "everyone has a boss" theory.  Find out who the dormitory administer reports too and make an appointment to see them.
This comes under my "everyone has a boss" theory.  Find out who the dormitory administer reports too and make an appointment to see them.
"So I as a mother I went back to the teacher classroom and tried to see what was going on. But the teacher wouldn’t tell the truth so I called her a racist and Liar." Well - that'll do it and then trying to fight the teacher just added to the pile. This is not how adults handle confrontations. You need to address this with the criminal lawyer you hire to address the charges. You need to hire one ASAP. ... Read More
"So I as a mother I went back to the teacher classroom and tried to see what was going on. But the teacher wouldn’t tell the truth so I called... Read More

sexual molestation involving a minor

Answered 2 years and 11 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education
You should retain a personal injury lawyer in your state to investigate the matter to determine if the school can be held civilly liable. The issue in the case is whether the school officals were on constructive or actual notice of the problem and failed to take steps to protect your grandson in spite of that notice. ... Read More
You should retain a personal injury lawyer in your state to investigate the matter to determine if the school can be held civilly liable. The issue... Read More

Is this a human rights violation?

Answered 3 years ago by attorney Hon. Max L Rosenberg   |   1 Answer   |  Legal Topics: Education
Were you injured?  It is highly unlikely that its a human rights violation.  Why was a cop summoned?  There is a lot to this story you are leaving out.  What were you upset about?
Were you injured?  It is highly unlikely that its a human rights violation.  Why was a cop summoned?  There is a lot to this story you... Read More

My sons leg was broken by another student

Answered 3 years ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education
Yes, if the student was habitually doing this to other students, then the school had constructive notice, if not actual notice, of this dangerous problem. A lawsuit could be maintained against the school and possibly the parents of the student for their neglect. There are shorter statutes of limitations when you sue a sovereign entity, so you should retain counsel here in Florida for contingency-fee representation, which means you don't pay anything, unless you win.    Stephen Black, Esq. (407) 616-6502 (cell phone)   ... Read More
Yes, if the student was habitually doing this to other students, then the school had constructive notice, if not actual notice, of this dangerous... Read More

Chinese scholar seeking an EB1A green card.

Answered 3 years and 5 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education
Your friend should engage the services of an immigration lawyer for advice and representation. Counsel in any state can handle your friend's employment based immicase. 
Your friend should engage the services of an immigration lawyer for advice and representation. Counsel in any state can handle your friend's... Read More

Can a teacher accused of sexual misconduct be rehired at another school?

Answered 3 years and 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education
Were u a minor at the time? How long ago was this? I have handled several civil cases like this in the past. Feel free to call to discuss a contingency fee arrangement which means you pay nothing unless you win the case.  Stephen Black, Esq. (407) 581-2581
Were u a minor at the time? How long ago was this? I have handled several civil cases like this in the past. Feel free to call to discuss a... Read More

Immigration question

Answered 3 years and 10 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Education
A US citizen child can sponsor their parents for a green card but they must be 21 years or older. If they are not 21, then you can either get a green card by employment sponsorship, the diversity visa lottery, Asylum and a few others. 
A US citizen child can sponsor their parents for a green card but they must be 21 years or older. If they are not 21, then you can either get a green... Read More

Do local school boards have the authority to ignore the Supreme Court decision concerning masks? No one seems to know and boards donโ€™t care.

Answered 4 years and 2 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Education
First, let me state that I am happy to see you are standing up for your child against ridiculous requirements.  Unfortunately, the Supreme Court decision was limited to the PA Department of Health and did not effect the autonomy of local school boards who, since March, 2020, have been citing recommendations by the CDC.   Any such challenge would have to be made in court and I am not certain if the Court of Common Pleas or the Commonwealth Court is the proper venue. Your understandable frustration is similar to the frustration and anger exhibited by parents prior to the November 2, 2021 election.  That election saw numerous school boards refreshed with parents who were fed up.  Since most, if not all, PA courts decreed mask wearing in courts, it seems unlikely that any one court would side with reason and common sense on this issue, but we will never know if no one tries. Education Law is not my area of practice but I am more than happy to try and help you find competent counsel if you wish to explore this further.  In that event, feel free to call or email me on a free initial basis.             Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More
First, let me state that I am happy to see you are standing up for your child against ridiculous requirements.  Unfortunately, the Supreme... Read More
Law is exceptionally challenging. But it also has rewards beyond the financial. Analytical skills are key. Writing well is paramount. Embracing a focused concentration area as early as possible cannot be over-emphasized. If you are one of the forutunate few who recognizea where she/he belongs, choose your school accordingly. The importance of geographic location may fade. But for now, young lawyers benefit greatly from the faculty and student contacts established in school. It's no wonder why so many stars from the arts, music, food, politics, and other fields rose from New York City. Any great city helps students focus on what they do best. And then others recognize over-achievers in their field, which opens more doors. As for bar admissions, all 50 states in the USA have different criteria for admission. Most require passing a multi-state bar exam. Some have reciprocity with other states. Each state requires a lawyer to demonstrate that he/she has the minimal competence to apply that particular state's law in practice and each state defines how lawyers must do so prior to being admitted.  ... Read More
Law is exceptionally challenging. But it also has rewards beyond the financial. Analytical skills are key. Writing well is paramount. Embracing a... Read More
Hello Shanna, I am not certain I understand your question entirely. I would be happy to speak with you however to see if I can be of more assistance. I can be reached throught my office at 203.870.6700.   Best, Max Rosenberg
Hello Shanna, I am not certain I understand your question entirely. I would be happy to speak with you however to see if I can be of more... Read More
Yes they can.  You do not have the same basic human rights as a student in high school as you might as an adult in the world. 
Yes they can.  You do not have the same basic human rights as a student in high school as you might as an adult in the world. 

Do I and others like me have a case against this college?

Answered 5 years and 7 months ago by Jonas Urba (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Education
Post your question in consumer fraud. Attorneys who handle civil litigation class actions, think consumer protection here, might be interested in these facts. You need a law firm which can throw a lot of money at a case meaning class members or many potential clients. I think our president's university was sued and settled so those lawyers might be a good place to start. Or speak with some education lawyers who sue schools for hostile workplaces or other unsafe conditions. Your question is consumer fraud and consumer protection. You might call the state attorney general's office also. That office protects all of us from unsavy people who operate here. They have a consumer protection unit I believe. Good luck!... Read More
Post your question in consumer fraud. Attorneys who handle civil litigation class actions, think consumer protection here, might be interested in... Read More
You need to come up with the 1800.  An attorney might try to make calls or send letters but the cost of their time will inevitably not be worth it for you.  Perhaps you can take a small bridge loan or borrow from family.  Otherwise, if you came to my office, I would charge for a consult and make some calls and see if we could get this straightened out.  Please feel free to reach out to us if you need further assistance.  Good luck. ... Read More
You need to come up with the 1800.  An attorney might try to make calls or send letters but the cost of their time will inevitably not be worth... Read More
What is the problem? Are you unhappy with the school's practices? I don't believe you have a private right of action and I don't know what your claim would be. You need to offer more detail and explain how you feel wronged. If the teacher is goofing off, contact the school. If they take no action, contact the Board of Education. Good luck. ... Read More
What is the problem? Are you unhappy with the school's practices? I don't believe you have a private right of action and I don't know what your claim... Read More

Can I remove my 3rd grader from a private school in May of the school year

Answered 6 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You cannot remove her unless the absences will be excused.  There is a certain amount of days you must be in school to get credit for the year.
You cannot remove her unless the absences will be excused.  There is a certain amount of days you must be in school to get credit for the year.
What school district is it?  Seems improbable there are no records.  Everything is electronic.
What school district is it?  Seems improbable there are no records.  Everything is electronic.
There is no "law" that governs this issue.  It is solely a school issue.  Ask the school.
There is no "law" that governs this issue.  It is solely a school issue.  Ask the school.
If your son is under 18 you are entitled to the information.
If your son is under 18 you are entitled to the information.

Do I have a case for educational malpractice or something else?

Answered 6 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
There is no cause of action for educational malpractice.  There are only cases for following the IEP or not.  If there is an IEP and it was followed, that is all the school is required to do.  If you want more provisions in the IEP, you will need to call a CSE meeting and have it amended.... Read More
There is no cause of action for educational malpractice.  There are only cases for following the IEP or not.  If there is an IEP and it was... Read More
This is not an uncommon occurance.  I have heard of this happening before.
This is not an uncommon occurance.  I have heard of this happening before.

Can I have my 13yo daughter stop attending school?

Answered 7 years and 10 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Education
No one should be having that many seizures.  You need to see a different doctor.  However, as to school, your daughter needs what is called a 504 plan.  It is a plan that modifies school and gives services to meet her disability.  She must go to school, but what form that takes depends upon what you work out.  A 504 plan requires a recommendation from the neurologist as to what modifications are medically needed.... Read More
No one should be having that many seizures.  You need to see a different doctor.  However, as to school, your daughter needs what is called... Read More