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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 3
Do you have any New York Education questions page 3 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

Can i hold the Board of Education accountable for my special need child's educational neglect?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
The starting point is stating exactly what you want to be given, and where.  Saying that services have not been provided is not enough.  You need a private evaluation to recommend a specific set of services you want, and a recommendation of a type of place that has them.  Then, you need to call a CSE meeting, with your evaluator present, to request what you want.... Read More
The starting point is stating exactly what you want to be given, and where.  Saying that services have not been provided is not enough. ... Read More

What do I do?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
It depends on what you want to happen.  If there are no damages from the pushing, and the teacher was suspended, then that is probably the end to it.
It depends on what you want to happen.  If there are no damages from the pushing, and the teacher was suspended, then that is probably the end... Read More

Can the school retain my son if he was already retained once and can i take legal action if they refuse to check him for learning disabilities

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You can demand your son be classified, but this is handled by the public school district.  If you are in private school it is done by the district where the school is located, not where you live.  Contact the district and demand an evaluation.
You can demand your son be classified, but this is handled by the public school district.  If you are in private school it is done by the... Read More

Can I legally fight a college appeal which was denied

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
Yes, but these online schools are often total scams, and there is little you can do.  However, the deadline of May 16 is real, and I hope you did not miss it.
Yes, but these online schools are often total scams, and there is little you can do.  However, the deadline of May 16 is real, and I hope you... Read More

If I devorce my husband can I get his na me off of a loan that I am the primary on

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You posted under education, so I am assuming it is a student loan.  The answer to this is no.  In a home mortgage, under limited circumstances, after a divorce the spouse giving up the home can be removed from the mortgage, usually in a modification/foreclosure situation.
You posted under education, so I am assuming it is a student loan.  The answer to this is no.  In a home mortgage, under limited... Read More

Can the school pick a school for your child out of district and force you send your child

Answered 9 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
The short answer is yes.  The longer answer is no.  You can reject the placement, but the school can fight you on it. 
The short answer is yes.  The longer answer is no.  You can reject the placement, but the school can fight you on it. 

Can the school get in trouble?

Answered 9 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
The School cannot get in trouble, but you need to call a Mental Health Hotline and get help in your area.  It is free, and you are on the path to help as you clearly realize you are not well and need help.  Your problems may be medical, and you cannot wait.
The School cannot get in trouble, but you need to call a Mental Health Hotline and get help in your area.  It is free, and you are on the path... Read More

Is a school obligated to provide information I ask for about potential services for my child prior to giving consent to an inital IDEA evaluation?

Answered 12 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You do not have to give consent, and you do not need a reason.  If you have a reason, then they are not required to accommodate it.  The range of services that can be provided are in the New York State regulations, which you can read.  I am unsure if you want an evaluation or not, and if you want services or not.  You need to determine these issues first.... Read More
You do not have to give consent, and you do not need a reason.  If you have a reason, then they are not required to accommodate it.  The... Read More

Can my son avoid being expelled if prescription drugs were taken from our home by his friend, with his knowledge, but without having possession?

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
This is a serious matter.  The suspension will follow the criminal matter.  If your son is innocent on the criminal case, you can win the suspension hearing.  You should have a lawyer for this.
This is a serious matter.  The suspension will follow the criminal matter.  If your son is innocent on the criminal case, you can win the... Read More

My child as been suspended from school

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
This is serious stuff.  Do not blow it off.  Some people would have a lawyer, others would not.  It depends on your ability to rationally present your case for what you expect to happen, and to keep your cool.
This is serious stuff.  Do not blow it off.  Some people would have a lawyer, others would not.  It depends on your ability to... Read More

do I need an attorney for a manifestaion determination for my son's school

Answered 12 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You can go to the hearing with a lawyer, or by yourself.  Whatever you do, do not blow off the hearing.  It can lead to termination of parental rights.
You can go to the hearing with a lawyer, or by yourself.  Whatever you do, do not blow off the hearing.  It can lead to termination of... Read More

can I sue the board of education. in special education

Answered 13 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You can sue, but you are going to have to determine what you want, and get professional support for the need for what you want.
You can sue, but you are going to have to determine what you want, and get professional support for the need for what you want.

My 15 year old son was suspended from school. He is supposed to be tutored 2 hours per day. The tutor has seen him less than 4 hours in 7 days.

Answered 13 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
Yes you can challenge it.  But, you will need to pay for the attorney.  You are unlikely to get your fees back.  But, this is a clear case.  The tutoring plan must be followed.
Yes you can challenge it.  But, you will need to pay for the attorney.  You are unlikely to get your fees back.  But, this is a clear... Read More

My daughter has been bullied in school for the last 2 years she wants to change schools how do we go about it

Answered 13 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
It is very very hard to make a change.  With a lawyer, you can demand that the bullying be abated.  You have to show that this school cannot abate it.  The school loses money when they pay for someone to go out of district, so they will not grant this wish without a fight.  If you want to pursue it, let me know.  Just know it is a longshot.  Consider private school.... Read More
It is very very hard to make a change.  With a lawyer, you can demand that the bullying be abated.  You have to show that this school... Read More

does the school have the right to force a student to get a full evaluation if chid does not want it then they are home schooled

Answered 13 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
Yes, but there are certain procedures to be followed.
Yes, but there are certain procedures to be followed.

Lawyer bills $300 for case review, including one hour to discuss the review. Dropped off paperwork and a check for $300 . . .

Answered 13 years and 10 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
Not pay.  And, document in a letter you authorize nothing above the $300 fee.  There is nothing the lawyer can do after that.
Not pay.  And, document in a letter you authorize nothing above the $300 fee.  There is nothing the lawyer can do after that.

my son was assaulted at school there were no witness''s charges were filed for harassment dispite bruises trooper said that the judge can change this t

Answered 13 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
If you have no proof, you are going to have a hard time making a civil case.  If the police are involved in a criminal issue, let them finish that investigation first.
If you have no proof, you are going to have a hard time making a civil case.  If the police are involved in a criminal issue, let them finish... Read More

How can I find out what kind of lawyer I would need in regards to my son who is being bullied by his special ed teachers.?

Answered 13 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You need an education lawyer.  In light of the recent New Jersey matter, you might want to go to your local paper with the story as well.  You can sue the District, but a letter asking for what you want should be first.
You need an education lawyer.  In light of the recent New Jersey matter, you might want to go to your local paper with the story as well. ... Read More

my son was suspended from school foe the remainder of the school year for `making a fellow student (girl) touch his penis in the boy`s locker room .

Answered 13 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Education
You are lucky this stayed in the school, and was not reported as a criminal sexual assault.  I would let this go.  You can try to get it off the record, but I think you do this at great risk.
You are lucky this stayed in the school, and was not reported as a criminal sexual assault.  I would let this go.  You can try to get it... Read More
Education Law
New York

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