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New York Education Legal Questions

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69 legal questions have been posted about education law by real users in New York. 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 York Education Questions & Legal Answers - Page 2
Do you have any New York Education questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 69 previously answered New York Education questions.
Education Law
New York

Recent Legal Answers

My son age of 16 has anxiety and agoraphobia and is affecting his education and he wants to drop out

Answered 8 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
With your consent he can drop out. 
With your consent he can drop out. 

If my son is injured during school hours and. Is continually bullied what can I do

Answered 8 years and 6 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Education
File a notice of claim against the school district immediately- you have 90 days from the time of the incident to do so, and you want to include as many of these incidents as possible- including, if there is time, the one from the end of school last year (I assume that was the end of June.). The seatbelt buckle incident sounds like an accident but it was still a huge failure of the school to supervise the child who did that on the schoolbus.  This course of abuse is way beyond bullying. Your child is being subject to repeated injuries and his welfare is in serious danger. Call the school principal and demand an immediate meeting and find out the identity of the children who injured your child, and demand to know what the principal is going to do to stop the continual  injuries to your child. The school and the parents of the other children must be held accountable. Additionally, if your child continues to suffer injury after injury and you don't do anything about it, YOU could ultimately be held liable. This is first and foremost YOUR problem. You are your son's parent and legal guardian, and a guardian must be a protector. You say you've let this go on for two years, and that is way too long.   ... Read More
File a notice of claim against the school district immediately- you have 90 days from the time of the incident to do so, and you want to include as... Read More

i need get a debt relief with private school for autistic kids. We ( parents) lose sue to DOE and the School ask us to pay 72,000 Help!

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
This happens.  We can work out a settlement or do the bankruptcy.
This happens.  We can work out a settlement or do the bankruptcy.

After medical leave of absence due to mental illness, my grad school is giving me hard time getting back in.What can I do legally,will a lawyer help?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
If the leave was for medical/psychological issues, you need to get your therapist to say you are fit to return with no accommodations in a letter.  Without that, it will be hard.  Nothing is going to happen by next week regardless.
If the leave was for medical/psychological issues, you need to get your therapist to say you are fit to return with no accommodations in a... Read More

my child was dismissed from his catholic high school for disciplinary detentions without ever being suspended or on probation- most if not all of

Answered 8 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
As a private school, the school can pretty much do what it wants, as long as it is not impermissible discrimination.  If the incidents happened and suspension is the sanction stated, you have little chance.
As a private school, the school can pretty much do what it wants, as long as it is not impermissible discrimination.  If the incidents happened... Read More

How can I get justice for my daughter who was being harassed in school

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
If it is criminal behavior you can report it.  I am not sure why the school your daughter does not attend would be involved.
If it is criminal behavior you can report it.  I am not sure why the school your daughter does not attend would be involved.

I went to an UNaccredited school they would soon be accredited... the accreditation never came and now I have credits I can't transfer can I sue?

Answered 8 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
If you can prove that you were lied to then you have a case.
If you can prove that you were lied to then you have a case.

I graduated HS in 2000 and received my diploma, which I only have a copy. But lost a job cause I wasn't graduated out the system..help

Answered 8 years and 10 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Education
You may have an action against the school for negligence, but if it was a public school you had 90 days from the date the school first told your prospective employer you had no diploma to serve a notice of claim on the school district. If this happened more than 90 days ago and no notice of claim was served on the school district, the case is barred by the statute of limitations. ... Read More
You may have an action against the school for negligence, but if it was a public school you had 90 days from the date the school first told your... Read More

should i get a lawyer at this point?

Answered 8 years and 10 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Education
In order to preserve your legal rights you must serve a notice of claim on the school district within 90 days of the incident. You can then investigate whether this was a one-time incident or whether the teacher has a pattern of abusive behavior. You might have a case. If you do the lawsuit needs to be filed within one year and 90 days of the incident.... Read More
In order to preserve your legal rights you must serve a notice of claim on the school district within 90 days of the incident. You can then... Read More

A student with autism hit and kicked me, what are my rights as a teacher?

Answered 9 years ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Education
It sounds as though you acted completely appropriately in stopping the student from eloping. Enduring physical abuse by a violent student should not be a part of your job description. Put your concerns in writing to the dean and ask for another meeting to discuss the protocol for dealing with this student, and insist that the protocol be reduced to writing. If you are assaulted in the future you may have an action against the school for personal injury and negligent supervision since the dean is on notice of the student's violent tendencies.  ... Read More
It sounds as though you acted completely appropriately in stopping the student from eloping. Enduring physical abuse by a violent student should... Read More

Can a student over 18 sign educational consent in NYS?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
Yes, unless there is a guardianship in place.
Yes, unless there is a guardianship in place.

How to switch guarantors?

Answered 9 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
Probably not.  They relied on that guaranty in extending the lease.
Probably not.  They relied on that guaranty in extending the lease.

School Records

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
Yes.  Try to work out a payment plan.
Yes.  Try to work out a payment plan.

what to do when expelled from college and when to start over to go school

Answered 9 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
It depends on the reason for expulsion, how it is recorded on your record, whether you intend to use that record for credits, etc., and where you are applying now.
It depends on the reason for expulsion, how it is recorded on your record, whether you intend to use that record for credits, etc., and where you are... Read More

A school is claiming money from the government for special education services they are not providing, can you sue the school for that?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You can sue the school for services, but not for the money.  As to the money, make a claim to whomever is paying it.
You can sue the school for services, but not for the money.  As to the money, make a claim to whomever is paying it.

What recourse is there when a principal pushes a child into a chair, kicks his leg and forces his head down? Also yelling and intimidating four other

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Education
If there is an assault like you describe, then the police.  If just yelling, then the bishop or whomever runs the school system in your area.
If there is an assault like you describe, then the police.  If just yelling, then the bishop or whomever runs the school system in your area.

School asking for consent to test if student may have learning disability parent doesn't agrreee what are parents rights

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
The eye thing and learning disability story are unrelated.  Talk to the principal on the eye issue if your doctor is overruling the nurse on glasses.  As to learning disability, you are going to have to do a private evaluation to stop the pressure of the school.
The eye thing and learning disability story are unrelated.  Talk to the principal on the eye issue if your doctor is overruling the nurse on... Read More

How do I prevent my husband from misleading the College Board about our marital status?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
Lying on a FAFSA form is a Federal crime.  I would not do it under any circumstances.
Lying on a FAFSA form is a Federal crime.  I would not do it under any circumstances.

Can sue my college for withdrawing me without my knowledge?

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
The loan is a deal between you and the bank.  You are going to have to pay.  As to the school, if you feel you were improperly kicked out, you need to appeal that decision to whomever the appeal goes to.
The loan is a deal between you and the bank.  You are going to have to pay.  As to the school, if you feel you were improperly kicked out,... Read More

What actions should a person take if they went through an online school and recieved a diploma with transcripts and later found out that it was a scam

Answered 9 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
If it was a true scam, report it to the FBI.  If you just feel scammed for some reason, talk to the US Dept. of Education, which licenses these schools.
If it was a true scam, report it to the FBI.  If you just feel scammed for some reason, talk to the US Dept. of Education, which licenses these... Read More

School suspension

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
It can sometimes be worked out with the school district, depending on what you want the district to provide at the private school.
It can sometimes be worked out with the school district, depending on what you want the district to provide at the private school.

I live in New York and i filed for a religious exemptions to immunizations for my son and his school denied it.

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
We have handled these cases.  The exemption is very narrow, and must be established by genuine religious convictions.  The appeal is to the Chancellor and is long.  I would need to see what you already submitted to see if there is any chance.
We have handled these cases.  The exemption is very narrow, and must be established by genuine religious convictions.  The appeal is to the... Read More

My son has been expelled from stony brook university for 2 charges of plagiarism. One of which was copying from wiki and not citing please help

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
This is a very serious matter.  If the autism is known to the school, then it is critical to tie the bahavior to the disability.  Once the final appeal occurs it will be very hard to get this undone.
This is a very serious matter.  If the autism is known to the school, then it is critical to tie the bahavior to the disability.  Once the... Read More

Does a school have to notify parents if they plan to keep an 11 year old girl after school for detention ?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
yes, they do.
yes, they do.

What rights do I have regarding busing issues with my school district?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
30 minutes is allowed.  Up to an hour is legal.  You have no claim.
30 minutes is allowed.  Up to an hour is legal.  You have no claim.
Education Law
New York

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