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200 legal questions have been posted about education law by real users. 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.
Education Questions & Legal Answers - Page 4
Do you have any Education questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 200 previously answered Education questions.
Education Law
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Recent Legal Answers

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

Is it legal to give a student a demerit on their permanent school record

Answered 9 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
This is not the first time I have heard this type of complaint.  This is an issue that needs to be addressed by your school's administration.  Who voted for who is no longer relevant.  If someone dislikes the president, they can do what ever legal protesting they want to do, but cannot punish a child for expressing an opinion different than the one they have.  You should either speak to the school administration or go to a school board meeting to ask that teachers speak their minds, but allow others to do so as well.  ... Read More
This is not the first time I have heard this type of complaint.  This is an issue that needs to be addressed by your school's administration.... Read More

Is a public school in NJ compelled to place a child in another school dist for valid reasons on why that student cant attend the home District school?

Answered 9 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
School districts must provide free appropriate public education (FAPE).   That includes protecting a childs safety.  If there was an incident in the school that causes trauma to the child, that could impose an obligation on the school district to provide FAPE to the child in another district.  Home schooling is not a long term solution.  ... Read More
School districts must provide free appropriate public education (FAPE).   That includes protecting a childs safety.  If there was an... 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 a month 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 a month 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 a month 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

What kind of lawyer does my son need, for an issue regarding a professor talking about my sons disibility in front of the entire class which a teacher

Answered 9 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Many of the rules regarding disabilities and public education do not apply to private schools.  It might be unprofessional, but it may not be a violation of any rights.  
Many of the rules regarding disabilities and public education do not apply to private schools.  It might be unprofessional, but it may not be a... Read More

What kind of attorney handles fortfitures of educational certificates?

Answered 9 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
This question doesn't provide enough information to answer accurately.  Are you referring to a teaching certificate?  And is there a legal proceeding currently going on that would result in the forfeiture of the certificate?  You will need to find an employment lawyer, if you are a teacher who is in the middle of this process. ... Read More
This question doesn't provide enough information to answer accurately.  Are you referring to a teaching certificate?  And is there a legal... Read More

can i graduate if i have 21 absenses?

Answered 9 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You might be able to but you should speak to the adminisntration of the school.  There could be a possibility of graduating but you might have to do some make up work.  
You might be able to but you should speak to the adminisntration of the school.  There could be a possibility of graduating but you might have... 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 2 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 2 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

Are attorney fees tax deductible for work done on an IEP?

Answered 9 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I don't know why attorney's fees would be tax deductible.  You might have been able to negotiate with the District to pay your fees, but if yo've paid them, I don't think that the fees are goign to be deductible. 
I don't know why attorney's fees would be tax deductible.  You might have been able to negotiate with the District to pay your fees, but if... Read More

My permanent High School record was altered without my knowledge and the school refuses to correct the mistake. What can I do?

Answered 9 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You need to take the correct records, and the altered records to the school and ask for a correction in writing.  Put together a letter showing what the record was and how it was changed and ask for an explanation of why it was changed.  SEnd that letter Certified Mail so that you have proof it was received.  Keep copies of all of your documentation.  ... Read More
You need to take the correct records, and the altered records to the school and ask for a correction in writing.  Put together a letter showing... Read More

I had an IEP meeting. CST told me that Neuropsychological ED like ODD, IED and ADHD are not disabilities, including amblyopia. Is this true?

Answered 9 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
If your son has IED, ODD and ADHD then he absolutely should be "classified" and therefore should have an IEP.  Amblyopia is not itself a disabling condition unless it interferes with his ability to learn.  He needs to be evaluated by the Child Study Team.  You should demand an evaluation with the CST and if the school refuses, then file a request for a Fair Hearing. ... Read More
If your son has IED, ODD and ADHD then he absolutely should be "classified" and therefore should have an IEP.  Amblyopia is not itself a... Read More

My son has been expelled from school for having a fight with another student. he had no prior disciplinary issues at this school.

Answered 9 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
If you child has been expelled, it must happen according to the requirements.  There has to be some determination that the child is a danger, such as assualting a teacher, or another student, or bringing a weapon to the school.  Even if your child has psychiatric issues, it wouldn't be cuase to expel him, it would have to be addressed by the school.  Usually the school starts with a 45 day removal.     Here is a link to an advocacy guide that may be useful to you.  http://www.edlawcenter.org/assets/files/pdfs/publications/StudentDisciplineRights_Guide_2012.pdf  ... Read More
If you child has been expelled, it must happen according to the requirements.  There has to be some determination that the child is a danger,... Read More

Does my child have a right to end free education after being told not to return to school?

Answered 9 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
If the child was not the cause of the safety issue, then yes, the child still has the right to Free Appropriate Public Education.  If the child was the cause, and it was something serious like assualting another student, a teacher, or bringing a weapon to school, then the District has the right to expel the student and not provide education. ... Read More
If the child was not the cause of the safety issue, then yes, the child still has the right to Free Appropriate Public Education.  If the child... Read More

How long do I have to sue a private school my child attended in 2015?

Answered 9 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
It would depend on the nature of the issue.  Childrne that attend private school do not have the same rights as children that attend public school.  So if the issue involves the education the child received, whether it was appropriate, or whether a disability was or was not addressed, you may not be able to sue a private school at all under the enducational standards.  ... Read More
It would depend on the nature of the issue.  Childrne that attend private school do not have the same rights as children that attend public... 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 4 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 4 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.

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
Education Law
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