New Jersey Education Legal Questions

Private schools do not need to comply with the same requirements as the public schools.  They do not have to follow an IEP and they do not have to provide modifications.  the same is true even if you sne dyour child to an out of district school and pay private pay tuition.  Some school districts allow that if the district is not overly corwded.  In that case, a child attending a public school as a private pay student is still treated as being in "private school" and the school does not have to provide services. You might be better staying the pulic school and fighting for your child's rights.... Read More

You are not giving guardianship , you are conseting to the enrollment of the child in another idstrict, you have to sign an affidavit indicating that your sister is providing for the child, and that the child is not just temporarily residing there because its a better school district.   ... Read More

You need to have your son's doctor, who ever is treating him for the depression and anxiety, prepare a report that indicates that this condition is preventing your child from getting the education to which he is entitled.  It is not the condition itself that is disabling, but the effect that it has on your son's ability to attend school and benefit from the education.  He will most likely need a 504 plan or an IEP (Individual Educational Plan) that may include placement in another school.  But the first step is providing the school with some documentation that your son has this condition, and that a doctor is indicating it interferes with his education.... Read More

First of all, congratulations !!  second, I don't know if they can force you or not but you should !  It is an accomplishment to be proud of, and don't let a fear of public speaking or some other reason deprive you of the opportunity to be recognized for the accomplishment.  If nothing else, stand up and thank the people that helped you along the way, and if no one did, stand up and say "I did this on my own".   ... Read More

The child has to be registered in the District in order for the District to have the obligation to do the evaluation.  A tuition student from another district is treated the same as "private" school in that the same public school requirements are not in full force.  Your child will have to be evaluated by his/her home District because that is the District that has the obligation to provide free Access to Public Education (known as FAPE). ... Read More

If your child is having emotional issues adjusting to a new school, the school will not approve an out of district placement for your child to return to the original school district.  An out of district placement is a remedy available only when the school district cannot provide educational services to meet the needs of the child.  the new school district will supply counseling and support services to help your child adjust, but will not send the child back to the original school district. ... Read More

The school has the right to teach its own program.  The terms "8th grade math" do not describe the level of math, only the grade in which your son learned the math.  It is possible that the school is giving him the next level of math without calling it "9th grade math".  You need to look at the topics being taught.  Is it algebra?  Geometry? Pre-calculau?  Don't get fixated on the grade level.  Different schools introduce these subjects at diffferent times.  If he has already completed geometry, and they are trying to teach him geometry, ask for him to be tested on that subject, and upon successful completion on that subject, move to the next level.  ... Read More

Any attorney  familiar with breach of contract of breach of duty would be able to address this issue. However, this would be a very difficult case to win.  You would have to prove that the only reason you did not get the job is because of misinformation provided by the college.  If the employer intended to hire you, and that misinformation was supplied, then the employer would have most likely followed up with you or the college as to your status, especially if you provided your college transcripts.   I don't know what duty the college has to you regarding information or how you prove that they breached that duty. ... Read More

It would seem that the school administration can share the disciplinary action with other teachers and/or guidance counselors.  If the administration sent the email naming the students to other students or parents, there might be an issue, but I'm not sure that the student has any "right" to have the disciplinary action kept private from other staff members. ... Read More

It sounds like you need to get a meeting of the Child Study Team as soon as possible.  If your child is not receiving the education she is entitled to receive, then you have an avenue of appeal to the school system and to the courts through the Office of Administrative law.  If the school is offering to send her to a special school. then the school recognizes that there is an obligation to provide educational services, and what you are offering, by having home schooling plus an evening program, is probably less expensive for the school district to implement than a special school. ... Read More

The compulsory education law (N.J.S.A. 18A:38-28 through 31) requires all children between the ages of 6-16 to attend school.  The attendance regulations (N.J.A.C. 16:6-7.8), require each district board of education to develop, adopt and implement policies and procedures regarding the attendance of students, including the adoption of a definition of “unexcused absence,” and the provision of mandated services for students with between one and nine cumulative unexcused absences and a mandated court referral for truant students, those with ten or more cumulative unexcused absences.  You need to work with the school system to have your son's absences be classified as "excused" rather that "unexcused".  You should ask the teachers, advisors etc. about making up  missed work, and what other academic work he can do while on this trip.  The key is to have the absences not be "Unexcused".  Good luck and enjoy your trip. ... Read More

You need to look at the policies that are in place in your school.  There must be some kind of discipline policy, and then listed in the policies will be some way to appeal the discipline if you do not agree or feel you have been disciplined unfairly.  Find out if there were any witnesses that said you did this.  Ask the other people who were there to say that you did not do anything.  Try to find out if there was something more presented than just one teacher saying you did something and ask for a hearing.  Good luck.... Read More

This is na argument you will not win.  You can always enroll your daughter in private kindergarten and then start her in the first grade the following year.  The birthdate deadlines are put into place because they work for the majority of children.  Many parents, epecially parents of boys with birthdates close to the deadlines, still hold their children back because it allows them to be more mature and more ready.  There is no rush !... Read More

Most schools have a bullying policy, but private schools are not under the same state mandated educational requirements as public schools are.  The policies vary from school to school, and your ability to claim a violation of the policy, or claim that the school is negligent for not having a policy are different with private schools versus public schools. ... Read More

This must be very upsetting to you !  I would immediately request a meeting with the principal, and follow up by putting your concerns in writing.  Does your son have a cell phone?  If you can make a recording of the verbal abuse that your son suffers, that would be very good evidence.  Talk to the other parents and find out if anyone else is being verbally abused in this manner, or heard the statement that the teacher said to your son.   If you keep your son out of school, make sure that the principal knows you are not letting your son go back to school until the situation is addressed. ... Read More

I don't think that students speaking to each other should be required to speak English if they are not disturbing the class or interupting the lecture.  I would think that would be a matter of common courtesy.  However, in college or university, the professor may have his or her own rules in the class.  For example, I teach a night class from 6-9 pm.  It does not bother me if my students bring food and eat quietly during class because I know they work during the day, have driven to class, and otherwise might not get a chance to eat.  If a student brought crunchy chips, or noisy wrappers, I might ask that they not eat during class so as not to disturb other students.  I think that would be my right in the class I am teaching.  If not speaking English has become an issue, ask the person teaching why it is an issue, and what can be done to resolve it. ... Read More

Yes - your son sounds like he is being deprived his rights.  Every child in New Jersey has a right to free and appropriate public education.  Do you have an IEP in place?  And the school is failing to comply with that IEP?  you need to request, in writing, for a meeting with the child Study Team immediately.  You should provide them a list, in writing, of each place in the IEP they are filing your son.  Get a plan from the Child Study Team to address each of the concerns, and if they do not do that, you have a case against the Board to enforce the IEP.... Read More

If your child was supposed to be on the bus or left as a walking student, and the school was holding him, they need to notify you that he is remaining in school.  Usually the parents get called about that, it would be different if they called and said they could not reach you, but they are not allowed to simply hold the child for after school detention and not advise you - not in the third grade.... Read More

Private schools are not subject to the same regulations as public schools.  The ability of an attorney to represent your daughter is going to depend on the policy of the school and how the appeal hearing is going to be conducted.  An attorney may not be allowed.  Were drugs tests conducted?  Does the school have a policy on expulsion for this type of incident?  Who conducted the search?  There is a lot of information needed, as well as a review of the school's policy.  Good luck. ... Read More

You need to ask for IEP meeting, and get all of the professionals together at one time to discuss your concerns.  Ask for the Learning Disabled Teacher Coordinator to be present, as well as the school psychologist or social worker.  If the school is not following the IEP, they may be liable and have to provide your child with compensatory education.  You should be prepared to point out what they school district is not following in the IEP.  Good Luck. ... Read More