New York Education Legal Questions

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 Answer

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 Answer

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 Answer

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 Answer

If your daughter was physically assaulted by a teacher on school grounds, you must make a police report and document the incident in writing to the school and demand it be investigated. Depending on the particular facts and resulting injury you may have a lawsuit. In order to start a lawsuit, a notice of claim must also be served on the school district within 90 days after the incident and the lawsuit must be filed within 1 year and 90 days after the incident. DO NOT WAIT- put the school district and the board of education on notice IMMEDIATELY- especially since you imply this was a racially motivated incident.  ... Read Answer

Yes, there is a way to hold the school accountable- bring a lawsuit for money damages. You can sue for the harassment and bullying but not for the suicide attempt, unless it happened on school grounds during school hours.  A school district can be held liable for damages caused by bullying if the school failed to supervise and the injuries were foreseeable. It's unfortunate you didn't take legal action sooner. You must serve a notice of claim on the school district within 90 days of the latest act of bullying, and bring a lawsuit within one year after that, if no settlement can be reached.  You might be able to reach a partial settlement with the school district fast, by negotiating an agreement that the school pay your daughter's private school tuition while the lawsuit proceeds. ... Read Answer

You don't say when this happened, but if it was more than 90 days ago and you didn't file a notice of claim against the school district, you can't sue them. But you still need to find out the identity of the student who assaulted your son and make a police report. You may be able to sue the student for damages and/or the family of the student if the student was underage. If there were no witnesses other than your son that will be a problem, but you should still do all of the above. Assuming this happened less than 90 days ago, serve the notice of claim and sue the school for negligent hiring and supervision for allowing your son to be injured and run out of the school over two hours.  ... Read Answer