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James Michael Baron

James Baron’s Answers

22 total

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

    We were told that it wouldn't be an issue from the office at the school. So we moved. Come to find out after the move we were told that she couldn't continue to attend Fall Brook. This is a problem as she has had a very hard year so far and is jus...

    James’s Answer

    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 pursued in court. Keep in mind I don't know much about your case to know how strong or weak of an argument you have, or whether other legal options exist. You might want to consult with a lawyer to discuss taking legal action.

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

    To make a very long and drawn out story shorter, I had been enrolled in a graduate program a a local state university. I was enrolled in a "direct entry program" for nursing (as a male). I had completed all of my educational classes and passed a...

    James’s Answer

    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 consult with a lawyer who handles such discrimination complaints. If you believe that the school violated its obligations under your student handbook, you might want to contact a lawyer who handles contract disputes. You could also consult with somebody who specializes in civil litigation. In my practice, I handle all sorts of educational issues. I don't know enough about your case to know whether it is something I can help with, but if you would like to set up a consultation, please feel free to contact me. At the very least, I might be able to steer you toward the appropriate specialty area.

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

    reports were made to the school north face jackets had been stolen. my son wore his to school and they pulled him from class asked him if he stole his jacket then made him take it off and searched the pockets. he has not worn the jacket since ca...

    James’s 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 the search is reasonable may hinge on what the school officials were expecting to find in their search of the pockets. Did they expect that such a search would turn up evidence that the jacket was stolen? This is where your argument may get weak. It's quite possible school personnel were looking for anything that might indicate the jacket belonged to somebody else (it was not clear from your question if the jacket may have been stolen from another student, from somebody else outside of school, or from a retail establishment). If that is the case, an argument can be made that such a search might be reasonable. You may want to consult with a lawyer or with the New Hampshire Civil Liberties Union to discuss this issue in more detail.

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  • 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.

    can they make they move out of that school. someone said mass state laws are that once school years commence they can't move them. can they?

    James’s Answer

    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 permission is "If the legal residence of a child changes from one attendance area to another during the school year and the parents wish the child to remain in his former
    school; permission will not extend beyond the current school year." Such special permission appears to be at the discretion of the superintendent. So, you should probably take a good look at policy JCA, and then contact the superintendent to request such special permission.

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  • To represent my child in a school iep issue in massachusetts

    How do I find an attorney to represent my son in a school issue, it concerns a conflict with a teacher, he is in middle school. I do not have a lot of money but my child comes first. I also work for the school system. I appreciate any suggestions....

    James’s Answer

    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.

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  • Looking for an attorney who specializes in education law in plymouth county

    for a child in middle school

    James’s Answer

    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.

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  • How do we get the mother of my fiancee's son to put him back in public school? He has been home schooled for 2yrs.

    My fiancee's son entered into public at kindergarten and first grade. His mother took him out and started home schooling him and two years later when he should be in 3rd grade still test at first grade level. She will not agree to put him back i...

    James’s Answer

    Did she remove the child with permission of the school? That will impact his options and likelihood of success. Does your fiancee have joint legal custody? If so, he should probably contact the school to discuss his concerns. If he is in the third grade performing at a first grade level, has anyone considered that there might be a learning disability? Your fiancee should probably discuss this possibility with the school, as well. If they agree, the school should initiate a special education evaluation.

    By the way, contacting a lawyer in your area (which is probably a good idea) does not mean you will be going to court. In fact, a good lawyer should do everything possible to help you avoid that. It might be worthwhile to at least get an initial consultation with a lawyer to get some advise and guidance.

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  • Can I sue my private nursing school and Johnson & Johnson for misrepresentation of nursing shortage and my inability to get work

    We were told of nursing shortage which is a myth. No one hires new grads. Most hospitals wont hire you unless you have been a CNA there. Doors closed to outsiders. I had 3.5 gpa and have had 1 interview, mostly no answers from resumes. Few new gra...

    James’s Answer

    Don't confuse being able to sue with likelihood of success if you do sue. You will need to consult with a lawyer in your state to show them exactly what advertisements or other materials led you to believe that you would be able to get a nursing job. Keep in mind that your interpretation of that was said may be very different than someone else's interpretation. A lawyer in your state should be able to advise you whether any misrepresentation may have occurred, whether the school made any promises that misled you, or whether a contract may have formed. Also keep in mind that there are lots of other variables that go into hiring decisions.

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  • 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?

    I'm a Student at Queensborough Community College. My major is Nursing. The student guide book stated that to be in the nursing program fully that you have to complete a pre-clinical sequence with a minimun GPA of 3.00 Plus You have to achieve a C...

    James’s 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 student is a contractual one, the terms of which are documented in the student handbook. See Havlik v. Johnson and Wales Univ. 509 F.3d 25, 34 (1st Cir. 2007); Schaer v. Brandeis Univ., 432 Mass. 474, 477 (2000). If a college explicitly promises a process in a student handbook, “that process must be carried out in line with the student’s reasonable expectations.” Havlik at 34.

    All that being said, you really should talk with a lawyer licensed in your state for more legal counseling specific to your situation.

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  • Is changing the hours and graduation date of and enrollement agreement a breach of contract

    currently i attend sanz college i signed a contract for a 7month program grad date april1st from 5:30-9:30 monday thru thursday. it has been recently bought by another company so the hours are changing and there adding an additional two weeks to m...

    James’s Answer

    It really depends on the specific wording of the contract. It would also depend on whether the document you are referring to is truly a contract in the legal sense. If it truly a contract, and one side is not adhering to the terms, then an argument can be made that there has been a breach of that contract. Even if it is not a formal contract, there is also some case law standing for the proposition that student handbooks represent contracts between the school and the student. You should talk with a lawyer in your state to discuss this further.

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