James Michael Baron’s Answers

James Michael Baron

Waltham Education Law Attorney.

Contributor Level 8
  1. My daughters are enrolled in school and they found out we moved. we are still in the same town but out of that school district.

    Answered almost 2 years ago.

    1. James Michael Baron
    2. Michael L Rich
    3. Jeffrey K. Varszegi
    4. Sam Schoenfeld
    5. Janina Dawn Botchis
    5 lawyer answers

    I am not aware of a state or federal law that prohibits a school district from reassigning a student if the student's family moves. It looks like you live in Saugus, though, and Saugus does have a local education policy that might help you out. According to Saugus School District policy JCA, "students will be required to attend school in the attendance area in which they reside, unless the Superintendent has granted special permission." One of the reasons listed for granting special...

    5 lawyers agreed with this answer

  2. My question is in regards to moving mid year to another district within the same city.

    Answered over 1 year ago.

    1. James Michael Baron
    2. Michael L Rich
    3. Valerie J. Semensi
    3 lawyer answers

    Unfortunately such districting and enrollment decisions are handled at the school district level in Massachusetts. School choice was my first thought, but it sounds like you have already gone down that route. Beyond that, if you depended on statements made to you in your decision to move, but then those statements turned out to be false, or if the district didn't do what it promised, you may have a claim based on legal theories such as promissory estoppel or justified reliance, that can be...

    1 lawyer agreed with this answer

  3. To represent my child in a school iep issue in massachusetts

    Answered over 2 years ago.

    1. Philip W. Mason
    2. James Michael Baron
    3. Diana I. Sorrentini-Velez
    4. Sam Schoenfeld
    4 lawyer answers

    My office is in Waltham, and I practice education law throughout Massachusetts. Please feel free to contact me at 781-209-1166, or jbaron@lawbaron.com. Thank you.

    1 lawyer agreed with this answer

  4. Looking for an attorney who specializes in education law in plymouth county

    Answered over 2 years ago.

    1. James Michael Baron
    2. Sam Schoenfeld
    3. Ronald Lee Burdge
    3 lawyer answers

    My office is in Waltham, and I practice education law throughout Massachusetts, including Plymouth County. Please feel free to contact me at 781-209-1166, or jbaron@lawbaron.com. Thank you.

    1 lawyer agreed with this answer

  5. What type of lawyer/lawsuit will I go through to sue a University as a former student.

    Answered almost 2 years ago.

    1. James Michael Baron
    2. Christine C McCall
    2 lawyer answers

    It is hard to say from the question which type of lawyer you should consult with, because there are different specialties which might apply. For example, do you have any sort of disability? If so, you may want to consult with a lawyer who practices disability law. Do you have any reason to believe there may have been discrimination based on your being a member of a protected class, such as discrimination based on gender, race, national origin, sexual orientation, etc. If so, you may want to...

  6. School searches my son because he had on a "north face jacket"

    Answered almost 2 years ago.

    1. James Michael Baron
    1 lawyer answer

    The one big issue that I see is school personnel searching your son's pockets. Did the school have a right to search him? Like most legal issues, the answer is not so straight-forward. Every student has an expectation of privacy. Searching pockets goes beyond what is allowed by the "plain view doctrine." Such a search should only be conducted if the search is "reasonable under all the circumstances." (New Jersey v. T.L.O., 469 U.S. 325, 326 (1985)). In your case, the question of whether...

  7. Higher Education holding diploma when requirements were met.

    Answered over 5 years ago.

    1. James Michael Baron
    1 lawyer answer

    I am not sure what you mean by enrolling in a course "to receive a better grade." If you did not go to the class and never withdrew, it sounds like the school was justified in recording a failing grade. There are a few other things you should consider: 1. Courts generally defer to the educational decision-making authority of schools. There might be exceptions such as disability or discrimination, but generally a court will not override a school's grading decisions. 2. Check the...

  8. Is my ex mother in law violating FERPA, family educational rigths and privacy act, if she has been getting into my son's records

    Answered over 5 years ago.

    1. James Michael Baron
    1 lawyer answer

    The first thing that comes to my mind regarding whether a FERPA violation occurred is whether records were accessed and shared within the school for a legitimate educational purpose. Given her role as attendance secretary, and the very limited information provided by the question, it sounds like the information may have been shared for a legitimate educational purpose, and thus probably was not a FERPA violation. Keep in mind this is not formal legal advice. If this is still an issue, you...

    1 lawyer agreed with this answer

  9. Is it legal for a Cuny College to put one thing in the student guide book and do something that is not in the guide book?

    Answered over 3 years ago.

    1. James Michael Baron
    1 lawyer answer

    The issue here is very fact driven. Does the nursing program have any documentation backing up what they told you? They should not be allowed to subjectively change how the student handbook is applied. On the other hand, if they have anything else that might be considered a supplement to the student handbook, the combined documentation would probably be interpreted as one whole document. There is some case law standing for the proposition that the relationship between a college and a...

    1 person marked this answer as helpful

  10. My son attended Mott Community College. He did not attend even one class "Not one time" during a semester.

    Answered about 5 years ago.

    1. James Michael Baron
    1 lawyer answer

    Grades often depend on attendance. If the student is enrolled but does not attend, then yes, I would say the school has the right to fail him. Since you say he never attended, then I assume he also did not sit for his final exams, which would be another reason for the school to issue failing grades. Was there some sort of medical or disability reason he did not attend? If so, he might want to speak with the school to see if they can work with him to make up the classes. If they knew...

    1 person marked this answer as helpful