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New Jersey Education Legal Questions

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91 legal questions have been posted about education law by real users in New Jersey. 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.
New Jersey Education Questions & Legal Answers - Page 2
Do you have any New Jersey Education questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 91 previously answered New Jersey Education questions.
Education Law
New Jersey

Recent Legal Answers

I have been suspended from my private school on wrong grounds due to a false harassment report. What would be the next correct course of action?

Answered 9 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Private school does not have the same requirements and regulations as public school and does not have to follow the same rules.  What is and is not included in your academic transcript is a matter of school policy.  If you disagree with the reason for the suspension, find out if there is some policy regarding appealing a decision of the adminisntration, and take that approach first.  The relief you want is a fair representation of the incdent or issue, not that you were necessarily "damaged" by having been suspended. ... Read More
Private school does not have the same requirements and regulations as public school and does not have to follow the same rules.  What is and is... Read More

my child was abuse and neglected at day care. can i file a suite, if so what kind of lawyer would i be looking for

Answered 9 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
That's not education law because you child is only in preschool.  You need to speak to someone about the injury your child received, and if the injuries need to be treated, or you incur costs, those could be your damages.  Most importantly, you need to find out why one child was allowed to injure your child, and what is being done to prevent that from happening again.  ... Read More
That's not education law because you child is only in preschool.  You need to speak to someone about the injury your child received, and if the... Read More

Hi im 17 I want to dropout of high school in NJ but they changed it to 18 what can i do to get around this or go to school in another state then do it

Answered 9 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Stay in school until you are 18 or graduate.  You will regret it if you do not.  If you are having trouble in school, talk to someone about alternative education, home schooling, vocational education something else so that you can learn a skill, or get your GED.  Good luck !
Stay in school until you are 18 or graduate.  You will regret it if you do not.  If you are having trouble in school, talk to someone about... Read More

How long do colleges/universities keep student records, such as tests, when student wishes to appeal?

Answered 9 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
The school or university is required to keep the papers and records through the appeal period.  You should be more concerned about whether or not you appealed within the time allowed.  If the school is saying they do not have the records, then you are probably past the appeal period.  ... Read More
The school or university is required to keep the papers and records through the appeal period.  You should be more concerned about whether or... Read More

I'm not sure what type of lawyer I need to sue a basketball coach and the faculty at my daughters school

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I don't know how the coach's actions could have caused your daughter to tear her ACL.  If you feel the coach was bullying your daughter, you may want to consult an education attorney.  However, you will need to show a connection between the coach's actions and your daughter's injuries.  ... Read More
I don't know how the coach's actions could have caused your daughter to tear her ACL.  If you feel the coach was bullying your daughter, you may... Read More

can a teacher change a grade to prevent you from graduating after the grade was already given?

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I think this question was already posted.  You need to find out why the grade was changed.  Was there a mistake made?  Ask the teacher why the grade was changed.  If there was a mistake then the teacher has the right to correct it. 
I think this question was already posted.  You need to find out why the grade was changed.  Was there a mistake made?  Ask the teacher... Read More

can a teacher change a grade to prevent you from graduating after the grade was already given?

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You need to find out what caused the teacher to make the change.  Was there a mistake in recording your grade? WAs there some other factor that caused the change?  Before you can answer the question of "can the teacher change the grade" you need to find out why the grade was changed.  ... Read More
You need to find out what caused the teacher to make the change.  Was there a mistake in recording your grade? WAs there some other factor that... Read More

due process hearing

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
The school district must provide meaningful education.  you can make a demand that the child be evaluated and classified, and if the school refuses to do that, and you have private evaluations that say he should be classified instead of just having a 504, then you can require the district do to that.  You should consult with a education attorney that is familiar with the schools in your county.  Call my office if the matter is something in Ocean or Monmouth Counties. ... Read More
The school district must provide meaningful education.  you can make a demand that the child be evaluated and classified, and if the school... Read More

what to do if my daughter is being mentally bullied as a devision 1 athlete

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You need to file a complaint with the school about what is occuring.    I would contact the NCAA directly: National Office The National Collegiate Athletic Association 700 W. Washington Street P.O. Box 6222 Indianapolis, Indiana 46206-6222 Phone: 317-917-6222 Fax: 317-917-6888   http://www.ncaa.org/about/who-we-are/contact-us   ... Read More
You need to file a complaint with the school about what is occuring.    I would contact the NCAA directly: National Office The... Read More

What should I do if the school threatens me with Truancy Court for my 5 years old child who is attending Kindergarten in NJ?

Answered 10 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Many school systems send these types of letters out automatically becuase they take attendance very seriously.  Speak directly to the principal of your son's school and get something in writing that you are in complaince with the truancy laws. 
Many school systems send these types of letters out automatically becuase they take attendance very seriously.  Speak directly to the principal... Read More

my son went to ITT tech for five weeks and dropped out because he was led to believe they had four yer program and they did not

Answered 10 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I'm not sure what the question is here.  This is not an education issue as much as it is breach of contract.  If you signed up for a four year program and such a program was not available, then you have a cuase of action.  If the four year program was not in writing there is a possibility it was miscommunication or a misunderstanding.  ... Read More
I'm not sure what the question is here.  This is not an education issue as much as it is breach of contract.  If you signed up for a four... Read More

Archiving Text Messaging/Social Media

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I don't believe the school district would be required to archive the information.  As a public entity they are only required to keep information that is required by law to be kept.  If they are using social media for convenience, as an additional way to distribute information, they should keep the information and a record that it was sent via social media, but if they are engagin in a video conference, they would not have to keep an archived copy of that.... Read More
I don't believe the school district would be required to archive the information.  As a public entity they are only required to keep information... Read More

How can I sue or make a complaint against a school district/superintendent for what I believe has been excessve punishment and harassment

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You should ask for a meeting with the admnistration.  If your child has a disability, the staff has to provide you with a statement that says the discipline is not a result of the child's disability (for example - a child with Tourettes cannot be punished for yelling out in class).  Get a record of what punishments are levied in the school and see if that applied to your child is consistent with others. ... Read More
You should ask for a meeting with the admnistration.  If your child has a disability, the staff has to provide you with a statement that says... Read More

The teacher yeld at me and called me stupid and people could hear it from other classes and i feel so bad what should i do

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
While it is certainly not proper for a teacher to call you stupid, I'm not sure hat recourse you would have. If you feel you are not being treated fairly by this teacher, you can dmeand to be transferred to another class, or to be removed from that teacher's class.
While it is certainly not proper for a teacher to call you stupid, I'm not sure hat recourse you would have. If you feel you are not being treated... Read More

Can a school/municipality be sued for not teaching a child?

Answered 10 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You could be able to get what is called "compensatory education" which is addtional educational time, either through a summer prgram called extended school year, or through an additional year in high school beyond senior year.  
You could be able to get what is called "compensatory education" which is addtional educational time, either through a summer prgram called extended... Read More

In New Jersey can my school district be forced to provide a recovery reading program to my private school child?

Answered 10 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
This is a dliema.  Your district does not have to provide him with any services unless he is registered in the district and receiving the services within the district.  I fyou have gone to a private school, your public school district doe snot have to provide your child with services.  ... Read More
This is a dliema.  Your district does not have to provide him with any services unless he is registered in the district and receiving the... Read More

can she file for harassment restraining order?

Answered 10 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You can try that avenue, but for more immediate relief I would go to the school administration today.  Demand an appointment, bring the phone, and show them the messages.  Most, if not all schools, have anti-bullying policies that include social media of any kind, texting, twitter, etc. ... Read More
You can try that avenue, but for more immediate relief I would go to the school administration today.  Demand an appointment, bring the phone,... Read More

teacher harassing

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You should ask for a meeting with the teacher and the teacher's supervisor - if that is a department head or the principal.  Present a written list of your concerns and ask for the issues to be addressed whether your son is being harassed, or whether something the teacher is doing is leaving your son with the impression he is being singled out.... Read More
You should ask for a meeting with the teacher and the teacher's supervisor - if that is a department head or the principal.  Present a written... Read More

I recently lost a good job opportunity because they were not able to fin my school record.I graduated in the year of 1975.

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I don't know what your legal question is baces on this information.  I don't know why the prospective employer would not have been able to wait to obtain a certificate from the school, or how you will prove that the school was negligent or if there are other issues why your school records could not be found.... Read More
I don't know what your legal question is baces on this information.  I don't know why the prospective employer would not have been able to wait... Read More

Can a school district bring a lawyer to a prent IEP meeting if the parent is not brining one?

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Usually if the parents do not have an attorney, i do not attend the IEP meeting.  You can request that the lawyer not attend. the only purpose in the lawyer attending is usually after the parents advise the district they have an attorney and the attorney is going to attend. 
Usually if the parents do not have an attorney, i do not attend the IEP meeting.  You can request that the lawyer not attend. the only purpose... Read More

Can a 17 year old dropout of high school without parental permission

Answered 11 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
No - at age 17 you are not an adult, and must still comply with your parents rules.  You will not be able to drop out of school unless they consent, and if you do not attend you will be truant.  Besides the legal answer, as a mom I would say you have to stay in high school and get your diploma, you will regret it if you do not.  If you are unhappy with the school you are in. talk to the guidance counselor about vocational or trade school, or some other laternative to get your highschool diploma. ... Read More
No - at age 17 you are not an adult, and must still comply with your parents rules.  You will not be able to drop out of school unless they... Read More

As a parent, do I have the right to ask for background checks and work history on employees of my child's daycare

Answered 11 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
No - you most likely do not have the right to the background checks, but you would have the right to ask if such checks are conducted, or to see a written policy about the places hiring process and the qualifications of the employees.
No - you most likely do not have the right to the background checks, but you would have the right to ask if such checks are conducted, or to see a... Read More

Can a social worker at school ask a minor student about medication they take?

Answered 11 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
There is no reason not to tell the school. If there is some kind of investigation, the school should be given all of the information including his diagnosis and what medication he takes.  That would be for his own protection.  If he has ADHD, and takes medication for it during the school day, the school may have to make accomodations for him.... Read More
There is no reason not to tell the school. If there is some kind of investigation, the school should be given all of the information including his... Read More

Is the the school responsible

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I would wait to see if your son has any further injury.  it is very difficult to sue a school system, and the proof of liability and/or negligence is very high.  You need to put in writing what occured, and if necessary get the school to put a 504 plan in place which would provide an accomodation for your son's injury.... Read More
I would wait to see if your son has any further injury.  it is very difficult to sue a school system, and the proof of liability and/or... Read More

do i have rights to enroll myself into school?

Answered 11 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
It is my understanding that once you have a child, you are emancipated, or legally an adult.  You therefore have the right to enroll yourself in school and the school is going to have to do something to accomodate you and your child.  Good luck - and stay in school if it is at all possible.  If you need some guidance, feel free to call my office.  ... Read More
It is my understanding that once you have a child, you are emancipated, or legally an adult.  You therefore have the right to enroll yourself in... Read More
Education Law
New Jersey

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