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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 5
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Recent Legal Answers

Hi im 17 I want to dropout of high school in NJ but they changed it to 18 what can i do to get around this or go to school in another state then do it

Answered 9 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Stay in school until you are 18 or graduate.  You will regret it if you do not.  If you are having trouble in school, talk to someone about alternative education, home schooling, vocational education something else so that you can learn a skill, or get your GED.  Good luck !
Stay in school until you are 18 or graduate.  You will regret it if you do not.  If you are having trouble in school, talk to someone about... Read More

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.

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

Answered 9 years and 6 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 6 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 7 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

How long do colleges/universities keep student records, such as tests, when student wishes to appeal?

Answered 9 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
The school or university is required to keep the papers and records through the appeal period.  You should be more concerned about whether or not you appealed within the time allowed.  If the school is saying they do not have the records, then you are probably past the appeal period.  ... Read More
The school or university is required to keep the papers and records through the appeal period.  You should be more concerned about whether or... Read More

Retention

Answered 9 years and 10 months ago by attorney Richard Alex Asselta   |   1 Answer   |  Legal Topics: Education
I think you should definitely consult with a Florida education attorney. There is a Florida statutue regarding retention and steps that must be followed before a school can do that. 
I think you should definitely consult with a Florida education attorney. There is a Florida statutue regarding retention and steps that must be... 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 10 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

I'm not sure what type of lawyer I need to sue a basketball coach and the faculty at my daughters school

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I don't know how the coach's actions could have caused your daughter to tear her ACL.  If you feel the coach was bullying your daughter, you may want to consult an education attorney.  However, you will need to show a connection between the coach's actions and your daughter's injuries.  ... Read More
I don't know how the coach's actions could have caused your daughter to tear her ACL.  If you feel the coach was bullying your daughter, you may... Read More

can a teacher change a grade to prevent you from graduating after the grade was already given?

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I think this question was already posted.  You need to find out why the grade was changed.  Was there a mistake made?  Ask the teacher why the grade was changed.  If there was a mistake then the teacher has the right to correct it. 
I think this question was already posted.  You need to find out why the grade was changed.  Was there a mistake made?  Ask the teacher... Read More

can a teacher change a grade to prevent you from graduating after the grade was already given?

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You need to find out what caused the teacher to make the change.  Was there a mistake in recording your grade? WAs there some other factor that caused the change?  Before you can answer the question of "can the teacher change the grade" you need to find out why the grade was changed.  ... Read More
You need to find out what caused the teacher to make the change.  Was there a mistake in recording your grade? WAs there some other factor that... Read More

due process hearing

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
The school district must provide meaningful education.  you can make a demand that the child be evaluated and classified, and if the school refuses to do that, and you have private evaluations that say he should be classified instead of just having a 504, then you can require the district do to that.  You should consult with a education attorney that is familiar with the schools in your county.  Call my office if the matter is something in Ocean or Monmouth Counties. ... Read More
The school district must provide meaningful education.  you can make a demand that the child be evaluated and classified, and if the school... Read More

what to do if my daughter is being mentally bullied as a devision 1 athlete

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You need to file a complaint with the school about what is occuring.    I would contact the NCAA directly: National Office The National Collegiate Athletic Association 700 W. Washington Street P.O. Box 6222 Indianapolis, Indiana 46206-6222 Phone: 317-917-6222 Fax: 317-917-6888   http://www.ncaa.org/about/who-we-are/contact-us   ... Read More
You need to file a complaint with the school about what is occuring.    I would contact the NCAA directly: National Office The... Read More

What should I do if the school threatens me with Truancy Court for my 5 years old child who is attending Kindergarten in NJ?

Answered 10 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Many school systems send these types of letters out automatically becuase they take attendance very seriously.  Speak directly to the principal of your son's school and get something in writing that you are in complaince with the truancy laws. 
Many school systems send these types of letters out automatically becuase they take attendance very seriously.  Speak directly to the principal... Read More

my son went to ITT tech for five weeks and dropped out because he was led to believe they had four yer program and they did not

Answered 10 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I'm not sure what the question is here.  This is not an education issue as much as it is breach of contract.  If you signed up for a four year program and such a program was not available, then you have a cuase of action.  If the four year program was not in writing there is a possibility it was miscommunication or a misunderstanding.  ... Read More
I'm not sure what the question is here.  This is not an education issue as much as it is breach of contract.  If you signed up for a four... Read More

Is it Illegal for a teacher to call out a student (without naming them) in a classroom setting?

Answered 10 years and 3 months ago by attorney Richard Alex Asselta   |   1 Answer   |  Legal Topics: Education
What your Professor did more likely than not did not rise to a crime. Could  there be some civil liability? Possibly but I would think the conduct would need to have been more "outrageous." What he did do could have been a violation of FERPA. That is a student privacy law. However, the United States Supreme Court has ruled that a private person cannot sue under FERPA. If your friend is truly bothered by what happened she should speak to the department chair. ... Read More
What your Professor did more likely than not did not rise to a crime. Could  there be some civil liability? Possibly but I would think the... Read More

Archiving Text Messaging/Social Media

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I don't believe the school district would be required to archive the information.  As a public entity they are only required to keep information that is required by law to be kept.  If they are using social media for convenience, as an additional way to distribute information, they should keep the information and a record that it was sent via social media, but if they are engagin in a video conference, they would not have to keep an archived copy of that.... Read More
I don't believe the school district would be required to archive the information.  As a public entity they are only required to keep information... Read More

How can I sue or make a complaint against a school district/superintendent for what I believe has been excessve punishment and harassment

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You should ask for a meeting with the admnistration.  If your child has a disability, the staff has to provide you with a statement that says the discipline is not a result of the child's disability (for example - a child with Tourettes cannot be punished for yelling out in class).  Get a record of what punishments are levied in the school and see if that applied to your child is consistent with others. ... Read More
You should ask for a meeting with the admnistration.  If your child has a disability, the staff has to provide you with a statement that says... Read More

How can I sue my baby's kindergarten?

Answered 10 years and 4 months ago by attorney Richard Alex Asselta   |   1 Answer   |  Legal Topics: Education
Your question is not very clear. First, you need a reason to sue someone. It is hard to understand why you want to sue from your question. Did you work there and feel that you were unjustly terminated? Do you have evidence that the school is doing something wrong and potentially harming children? Remember, private schools have more leeway than public schools.... Read More
Your question is not very clear. First, you need a reason to sue someone. It is hard to understand why you want to sue from your question. Did you... Read More

How do I go about suing an online college

Answered 10 years and 4 months ago by attorney Richard Alex Asselta   |   1 Answer   |  Legal Topics: Education
You very well may have grounds to file a lawsuit. The process, however, can be difficult if you have never done it before. Where you live, how much money you are seeking, and other factors affect where and what you file. If you are still seeking an attorney, I specialize in education law and have experience litigating matters. I offer free telephone conferences. Please call me at (754) 701.7014 if you have not already retained a lawyer. ... Read More
You very well may have grounds to file a lawsuit. The process, however, can be difficult if you have never done it before. Where you live, how much... Read More

Can I sue for bad education?

Answered 10 years and 4 months ago by attorney Richard Alex Asselta   |   1 Answer   |  Legal Topics: Education
Without looking at the contract, it is difficult to fully answer your queston. That said, if you did not actively do anything to work a deal then the real estate class company can argue that your inaction was the actual reason why you did not succeed. There is, however, a good chance that a strongly worded letter from an education attorney might get at least some of your money back. ... Read More
Without looking at the contract, it is difficult to fully answer your queston. That said, if you did not actively do anything to work a deal then the... Read More

The teacher yeld at me and called me stupid and people could hear it from other classes and i feel so bad what should i do

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
While it is certainly not proper for a teacher to call you stupid, I'm not sure hat recourse you would have. If you feel you are not being treated fairly by this teacher, you can dmeand to be transferred to another class, or to be removed from that teacher's class.
While it is certainly not proper for a teacher to call you stupid, I'm not sure hat recourse you would have. If you feel you are not being treated... Read More
Education Law
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