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Mark Steven Kamleiter

Mark Kamleiter’s Answers

82 total


  • How illegal is it for a college to keep portions of financial aid?

    We had pulled government financial aid through a local college. They set this all up for us. They informed us that they received $15,260 in funds from financial aid and deducted that from the total expense. Looking at the government loan, they ...

    Mark’s Answer

    Christine's advise is right on. Have them go over the documents with you and explain the $73. If they can't then they will know that they have made a mistake and will correct it. Remember the adage that sometimes the cure is worse than the ailment. In this case, I would charge you considerably more than the $73 dollars just to talk with you about it, much less do something. See how valuable the AVVO services are? :-)

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  • Can I sue a public school system for all school taxes paid if they fail to provide a space for my child or make them pay for her

    I've lived here in Yonkers, NY for 15 years as a homeowner and taxpayer. I recently had my 1st child ever who is now 4. In all the time I;ve lived here I've never seen any kind of notice be it mail, newspaper, local cable bill boards about the s...

    Mark’s Answer

    Mmmmmm - A New York attorney would do a better job, knowing local law - but - I think I can give you a quick analysis. My answer would be, "no" and that would be true even if there were a policy requiring notification. I am sure the system must offer the educational services, but it is fair of the school system to expect parents to enquire and obtain needed information. Not all children go to public school and the school district may not even have dependable information of who are the eligible children in the district. Pre-school is optional and many parents opt-out. Requiring direct, individual personal notice to every family who might have pre-school aged children, whether they may want the services or not would probably put a very heavy financial burden on the district.
    There is another question. In Florida, pre-school is offered to all children. I have a hard time understanding a deadline on educational services. But hey! That's New York.

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  • Can I sue a school district for losing my high school transcripts?

    I am trying to go to college and my high school lost my transcripts and the accepting process has now been put on hold and i have less than a month to get them to the school. ???

    Mark’s Answer

    This is not really an "education" law question. It deals more with whether the school committed an actionable tort against you. First, remember that there is not always a remedy for all "wrongs" done. The analysis is rather simple. Did the school owe you a duty? For the sake of argument one might say that the school had a duty to treat and preserve your student records with diligence and care. There is a federal law (FERPA) which specifically treats the schools responsibility to preserve student records (but this law does not in and of itself give rise to a private right of action). If, in deed there is a legal obligation to use due diligence in preserving your records, the the second question is whether the school violated that right. Given the facts as shared, it would seem that the school violated whatever dut they may have had. The third part of the anaylsis is whether the school's violation of the duty caused harm.
    I would say at the moment they have not caused a harm that the court would recognize. If you lose the opportunity to be accepted due to their negligence, only then would the harm have taken place.

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  • I am looking for a child's adovocate attorney.

    She was detained in school for over 4 hours no one contacted me until it was time for her to go home. She is 12 and doesn't now what Miranda right or even cps. They told her they weren't gonna let her leave because they no she wasnt telling the tr...

    Mark’s Answer

    I am assuming that you are speaking of your child being held in a form of seclusion. Unfortunately, the law is not clear nationally on this issue. There is in fact a law working through Congress now trying to lay down some ground rules for seclusion of children in school. That said, there are a lot of issues related to whether your child is receiving the behavioral support services she seems to need. That issue alone is a good reason to contact either an educational attorney or advocate (non-attorney) to help you. I would suggest going to the Council of Parent Attorneys and Advocates (COPAA). On the homepage there is an attorney finder which may be helpful in finding an attorney or advocate near you.

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  • Do school regulations supersede my rights?

    Can a school’s handbook/policies supersede my rights, such as my 4th amendment right to a reasonable expectation of privacy? Can they search my locker? Or my car parked in the school’s parking lot?

    Mark’s Answer

    As has been noted, the answer is "that depends." While private schools cannot take away your 4th amendment rights, you would probably be required to waive those rights as a precondition of attending the school. The contract would require you to accept the Student Handbook, which would say that there is no "reasonable expectation of privacy" on school grounds.
    If you are speaking of a public school, then the answer is no the school policies cannot supersede your rights. You are required to go to school so they cannot force you to give up your rights. That said, the 4th amendment rights speak to what the law enforcement authorities cannot do. In most istances the school administration are the ones who are searching lockers and cars, etc. I have seen cases where the police office was right there, but it was an administrator doing the search. School administrators are not held to the same standards as a police officer would be held to. Again, many schools make it clear that the use of a school locker, or the parking of a car in the school parking lot means thta you are consenting to a search.
    Its a bummer, but that is the way it is.

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  • Can smoking be banned outside of a federally funded vocational college?

    I go to cosmetology school and recently they have tried to ban smoking on the property by students. We are all over 18 and the school receives federal funds.

    Mark’s Answer

    Yes, there is no "right" to smoke. While as individual citizens we have certain rights of privacy, which may permit us to smoke in our homes (well not wacky tobaccy, but that is another issue) or in our cars, our smoking where other citizens could be affected by our smoking is at best permissive. In other words, when we go onto the property of others we have to follow their rules. Some places smoking is banned by law. Other places ban smoking by choice. Very often schools recieving federal funds are required to ban smoking.
    So, you are pretty much without recourse. The smoking world is getting smaller and smaller.

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  • Can i sue a nursing school for discrimination and purposely giving wrong information so i will not get in their nursing school?

    i want to sue a nursing school.i'm an lpn attended a private nursing school to continue RN.The school said they admit LPNs who didn't graduate from their nursing school.i got my LPN education from other school.i took their pre-requisite classes,ev...

    Mark’s Answer

    I have to agree completely with the others who have responded. Your facts do not lay out a cause of action against the school. You have provided no facts which correspond to any type of discrimination or for that matter any other grounds for legal action. The school required an admissions test of students wishing to attend the school. All students had to take and pass the test. The school had no obligation to test you how to prepare for the test. It may be that someone's effort to help you, actually misled you as to what to study for, but this is not actionable.
    Unless there are facts or details not shared above, there is no legal action that can be taken.

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  • What type of lawsuit should I file for a private college that did not provide resources to a special ed student?

    During one year, the Art Institute (California) did not provide resources or help from teachers to a freshman student that is considered special education. Money needs to be reimbursed because he did not pass most of the classes. And got many "D" ...

    Mark’s Answer

    IF the school was aware of the disability and IF the student asked for accommodations (in writing) and the school refused to provide the accommodations, then the school probably violated the Americans with Disabilities Act. (Please note the IFs - they are essential). This means that the school could have been sued for a violation of the ADA and could have been obligated to provide the accommodations. IF the student is then able to show that he sufferred a loss, which money would remediate, then there may have been an action for recovery of that loss.
    The other question is as to what the student can do relative to his poor grades and failure. IF the student can prove that the failure to give accommodations effectively prevented the school from giving the student the benefit of his contract (with the school), then it might be possible for the student to sue for tuition reimbursement and possibly other finanical losses associated with the cost of seeking an education at that school. I wold think that whether the student could have been successful with the appropriate accommodations would be an issue of any case.
    The student would need to consult with an attorney to fully evaluate this case.

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  • A couple of girls came into my house and attacked my daughter due to a dispute on the school bus. What route can I go?

    Apparently these girls have been harassing my daughter for a couple of months and on of the girls got physical in the harassment ( she went to sit on my daughter's leg and she pushed her off and the girl got mad, proceeded to take my daughters not...

    Mark’s Answer

    Wow! This things never turn out well. I think the best course to take would be to try to resolve the issue. The school might be more willing to do that, than to try to sort out who was the bad actor in this affair. Remember, you know your daughter and you have confidence in her - BUT - to everyone else this is a matter of two girls, who, for whatever reason, began a fight which they carried on from the school bus to your home. Most adults and especially school administrators simply discipline everyone involved - they don't try to figure it out.
    What the school can do are things like peer-counseling (where peers try to get the girls to make up) or mediation, which has the same purpose. The worst fights are always between former friends. IF the adults are wise they will try to restore the previous balance. Both girls could use a good course of anger management. Finally, legally speaking both girls were fighting on a school bus. In most places tht can get a suspension of up to three days. Second, both girls are guilty of batter on the other, again that could bring on criminal (or juvenle) penalties.
    It is better for them to learn from this incident and to make up. Continuing this through school complaints or criminal charges is not teaching the girls what they need to know.

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  • Does she have to pay?

    My daughter went to Northeastern U for 1 semester, the 2nd semester she withdrew, cancelled classes and cancelled her school loan, she did not fill out the proper paper work for the housing.She was not aware she had to. The day she moved out she m...

    Mark’s Answer

    While I agree with Christine, there may be some protection for you. It would at least be worth speaking to a civil litigator or contracts attorney. As Christine has said, your daughter's contract will generally rule. If the contract required certain notices in writing and she failed to give those notices, then strictly speaking she is on the hook for the rent. That said, the law does have some equity built into it. Courts do not like to see landlords profiting in an unfair way. If it can be proven that the housing department knew that she was not returning and did, in fact, place another student in her room, then the courts might have mercy. There is some law, however, that holds that landlords depend upon leases so assure that all their rooms are full. If the dorm or appartment complex had empty rooms, then they may argue that the suffered loss. The worst part of this is that it may cost as much as the demanded payment to pay for the attorney.

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