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New Jersey Education Legal Questions

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91 legal questions have been posted about education law by real users in New Jersey. 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 Jersey Education Questions & Legal Answers
Do you have any New Jersey Education questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 91 previously answered New Jersey Education questions.
Education Law
New Jersey

Recent Legal Answers

A teacher submits a letter of resignation but withdraws it before the board meeting. Does the board have to recognize the recission?

Answered 8 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Typically a letter of resignation is not valid until it is accepted.  However, an argument could be made that the the person to whom the letter was given accepted it on behalf of the board, and that the board was only meant to ratify the acceptance of the letter.  If there is nothing in writing from anyone accepting the letter, there is a good argument that it could be withdrawn. ... Read More
Typically a letter of resignation is not valid until it is accepted.  However, an argument could be made that the the person to whom the letter... Read More

Can a catholic school expel a child with one days notice.

Answered 8 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
A private school, including a Catholic School, does not need to comply with the same rules that a public school does.  You do not have the same rights as far as notice requirements, or them keeping your child with a bahvior problem. If the school is saying they cannot accomodate him, then they have the right to have him withdrawn.  It might be that your son would be better off in the public school where there are more resources avaialble and the school district is required to provide an education. ... Read More
A private school, including a Catholic School, does not need to comply with the same rules that a public school does.  You do not have the same... Read More

Am I able to sue?

Answered 8 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
This sounds more like consumer fraud than education law.  Find the advertisements indicating what you are getting, and your contract that you signed and paid for.  If you did not receive what was promised then you have a consumer fraud complaint again the company that can be filed through the Division of Consumer Affairs.  Best of luck to you. ... Read More
This sounds more like consumer fraud than education law.  Find the advertisements indicating what you are getting, and your contract that you... Read More

My daughter is 13 years old and disabled. We have had significant issues with our school district not provinding for her. We need help

Answered 8 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
First speak to the Director of Special Services.  If you do not get any satisfaction, file a complaint with the Department of Education and ask for a Due Process hearing.  Your child has a right to FAPE - Free Appropriate Public Education.  If you don't already have it, get a copy of the PRISE document on line and read it.  This will help you advocate for your child.  If you still do not get any satisfaction, you may need to hire an attorney or an advocate to help you. ... Read More
First speak to the Director of Special Services.  If you do not get any satisfaction, file a complaint with the Department of Education and ask... Read More

our daughter was singled out and ridiculed during marching band camp can we file HIB report

Answered 8 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Based on what you wrote in the question, I'm not sure that the alleged actions reach a level that should be reported.  Its difficult to say from this question.  has the issue been addressed with the person who allegedly did the ridiculing?  Or with the school administration?  That should be the first step. Good luck !  ... Read More
Based on what you wrote in the question, I'm not sure that the alleged actions reach a level that should be reported.  Its difficult to say from... Read More

How do I stop school from holding my child back in the eighth grade for the third time.

Answered 8 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You will have to file a complaint with the Department of Education asking for Due process.  You will be asked whether or not you want the matter to go to a mediator, and you should do that.  You did not mention whether or not your daughter has an IEP. If she does not have and IEP or a 504 plan in place, demand that she get tested by a psychiatrist/psychologist as to the school anxiety and PTSD issues.  Good Luck.  ... Read More
You will have to file a complaint with the Department of Education asking for Due process.  You will be asked whether or not you want the matter... Read More

Can I sue the State of New Jersey for putting my son on Home Instruction and not sending him a teacher as of yet since 9/10/2013?

Answered 8 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You cannot sue the state of New Jersey - but you can sue your child's school district.  go to this website, and you will find all of the information you need : http://www.nj.gov/education/specialed/form/prise/prise.pdf
You cannot sue the state of New Jersey - but you can sue your child's school district.  go to this website, and you will find all of the... Read More

is it legal for a teacher to yell at a student

Answered 8 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
It is not illegal, it is probably not good practice, but it is certainly not illegal.  Teachers are only human, and loose their temper like any one else. 
It is not illegal, it is probably not good practice, but it is certainly not illegal.  Teachers are only human, and loose their temper like any... Read More

My daughter has special needs and was grab by the neck in school by her teacher do I have a case

Answered 8 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
The teacher or paraprofessional should not put his or her hands on your daughter.  You should have some reassurances from the school that either the person involved was removed, or will not be working with your daughter anymore.  If your daughter was not injured, and she's already receiving special services, i'm not sure what additional case you would have against the school. ... Read More
The teacher or paraprofessional should not put his or her hands on your daughter.  You should have some reassurances from the school that either... Read More

my child has dyslexia

Answered 8 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
If you send a child to a public school, but pay for that school as an out of district placement, then the school is treated as a 'private school".  The school does not have to provide special services for your child. You should discuss all of this with the adminisntration before agreeing to send your child there.  ... Read More
If you send a child to a public school, but pay for that school as an out of district placement, then the school is treated as a 'private school".... Read More

HS student got expelled immediately from private school for possessing marijuana first-offender. Can he return to school and also erase the record?

Answered 8 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
Private schools do not have to follow State regulations.  If the school has a policy of zero tolerance, and the policy is to expel any student that is found in possession of drugs, then the school can follow that policy.  In the public shcool, it might e a first offense, and it might not result in expulsion, but a private school gets to make their own rules. ... Read More
Private schools do not have to follow State regulations.  If the school has a policy of zero tolerance, and the policy is to expel any student... Read More

Son has ADHD and is being bullied at school. Can we press the township to pay for a private school

Answered 8 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
There's really not enough information to answer.  Private school or an out of district placement only really occurs when the district cannot provide a free and appropriate public education within the district.  In many cases, there may be another school within the district that could accomodate your son.  For example, if there is more than one lementary school, he could be transferred to a different school within the district, but not the one he should be attending.  Having ADHD is difficult, and getting bullied is awful, but that's usually something the District is going to address "in house".  ... Read More
There's really not enough information to answer.  Private school or an out of district placement only really occurs when the district cannot... Read More

Son with 504 suffers from anixiety and depression as a result of bullying . He was detailed and Expelled partially for his behavior from this

Answered 8 years and 11 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
The school must do a manifestation determination - that means there has to be a meeting and determination that your son's behvaior is not a manifestation of his disability.  If this has not been done, ask the school to do it.  You may be better off with an IEP - Indivdual Education Plan - instead of a 504 - but that will depend on what is happening with your son. ... Read More
The school must do a manifestation determination - that means there has to be a meeting and determination that your son's behvaior is not a... Read More

How can an IEP determination be reversed?

Answered 9 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I'm not sure if you want the classificiation over turned, or you want changes to the IEP.  If you don't want your child classified, then you need to start with the supervisor of special education.  If there is a problem with the IEP, start with your case manager.  Discuss the problem with the IEP, and see if you can come to a resolution.  If you cannot, you can apply to the Court for Due Process.  Look up the book of parents' rights known as "Free and Appropriate Public Education".  Good luck to you. ... Read More
I'm not sure if you want the classificiation over turned, or you want changes to the IEP.  If you don't want your child classified, then you... 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

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

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
Education Law
New Jersey

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