Mark Steven Kamleiter’s Answers

Mark Steven Kamleiter

Saint Petersburg Education Law Attorney.

Contributor Level 9
  1. The teacher is refusing to adapt materials, give daily notes and homework for my disabled son. What can I do to help him?

    Answered almost 2 years ago.

    1. Mark Steven Kamleiter
    2. Heather Morcroft
    3. Jonathan Seth Corchnoy
    3 lawyer answers

    Hello, Floridian! You do not say whether your son has an IEP (educational plan for children with disabilities) or possibly a Section 504 plan. He may be eligible for either of these plans. If his "health conditions" are the cause of his academic problems, then he may be eligible for an IEP under "other health impaired (OHI)." If he has either of these plans, make sure the accommodations you mention are provided for in the plans. If they are then the teacher must provide the accommodations....

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  2. Can I become an attorney with a misdemeanor?

    Answered almost 2 years ago.

    1. David Richard Damore
    2. Robert Jason De Groot
    3. Bruce Michael Rivers
    4. Mark Steven Kamleiter
    5. Christine C McCall
    5 lawyer answers

    Yes, a misdeamor does not prevent a person from being accepted to the Bar. As others have said, you must disclose the charge and the withhold to the Bar. They will probably question you about the charge (they question everything), but it should not, by itself disqualify you.

    3 lawyers agreed with this answer

  3. Can a private high school withhold a transcript from a graduating senior, who is now 18, where no money is owed for her tuition?

    Answered almost 2 years ago.

    1. Mark Steven Kamleiter
    2. Robert L Mauro
    3. Todd Bruce Kotler
    3 lawyer answers

    Unfortunately, the answer to this question is a contract answer. This means that the answer is not one of "fairness" necessarily, but one of "what was agreed between the parties." In this matter the student's parents agreed that American Heritage could withhold a transcript if any money was owed. The writer of the question argues that the student was not a party to the agreement and thus should not be held to the agreement. That argument presumes an independent right held by the student...

    3 lawyers agreed with this answer

  4. I graduated valedictorian of my private school in 2008 they refuse to give me my diploma

    Answered almost 2 years ago.

    1. Mark Steven Kamleiter
    2. Jonathan Seth Corchnoy
    2 lawyer answers

    I have to agree with Jonathan. Private schools function using a contract between the student (or parents) and the school. This contract lays out the conditions and responsibilities of each client. Most often diplomas are withheld because there is an outstanding balance owed. Recently, someone asked a similar question, wanting to know if they could withhold a transcript due to a debt engaged by his parents and the school. The answer is the same. Basically the diploma is held hostage...

    1 lawyer agreed with this answer

  5. My daughter has special needs. Can her teacher take away recess even though is not indicated in her IEP?

    Answered almost 2 years ago.

    1. Mark Steven Kamleiter
    2. Deborah Eshaghian
    3. Stuart M Nachbar
    3 lawyer answers

    Your IEP and your child's positive behavior support plan should rule in this dispute. First, the teacher needs a refresher course in behavior management. Best practices in autism education (actually any education) is that appropriate behavior is taught through the use of positive behavior reinforcement (rewarding the behavior sought) and not through negative consequences (taking away something). In your daughter's case, the issue is task completion. You do not say why your daughter is...

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  6. I have to get my GED, but the local adult school is refusing to provide accommodation for my disabilities. What do I do?

    Answered almost 2 years ago.

    1. Mark Steven Kamleiter
    2. Todd Bruce Kotler
    2 lawyer answers

    All public accommodations must provide accommodations for individuals with disabilities under the ADA (whether or not they receive federal funds). The GED program is a public accommodation. They may not categorically deny all accommodations for individuals with disabilities. They might question the validity of an individual's disabilities and whether they amount to a disability, which requires accommodation. If they do that, you might file a complaint with OCR (Office of Civil RIghts), or...

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  7. Do you have any advice to help win an appeal to the Superior Court in the county where I live to fight a school expulsion?

    Answered almost 2 years ago.

    1. Michael Jason Rhoades
    2. Mark Steven Kamleiter
    3. Christine C McCall
    3 lawyer answers

    I'm sure this is not the answer you want. I think you have taken things as far as you can, without an attorney. An appeal is not just another chance to present your case. The judge would be wanting you to show him where the lower decisions were in error in fact or law. Minor issues or questions of fact, will not persuade the judge, who will give deference to the hearing officers' decision. While FERPA may have some value in correcting an error in a student's records (for example), it would...

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  8. How would i go about getti g an internship in a law office?

    Answered almost 2 years ago.

    1. Mark Steven Kamleiter
    2. L. Maxwell Taylor
    2 lawyer answers

    You must understand that most law firms would not consider the hiring of a high school student as being an internship. You would be most successful in seeking a lower clerical position, messenger, or other employment slot the firms might have. In applying, you might mention your ambition to eventually attend law school might improve your chances of getting a job in a law firm.

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  9. A few years ago a teacher at my childs school would call me up and harass me a parent then came out and told me she heard things

    Answered almost 2 years ago.

    1. Mark Steven Kamleiter
    2. John Karl Puskar
    2 lawyer answers

    I am sorry you have been gossiped about and that these actions have reached a level that you consider to be harassisng. Unfortunately, the actions you have described do not appear to violate the laws relative to defamation or illegal harassing. It is possible, if the teacher was giving out confidential student information, that the teacher was violating a law called FERPA. This is the Family (or is it "Federal?") Educational Records Protection Act, but it also forbids the exposure of...

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  10. My son was in school and impulsively discharged the fire extinguisher once to see what it would do, what trouble can he be in?

    Answered almost 2 years ago.

    1. Mark Steven Kamleiter
    2. Christine C McCall
    2 lawyer answers

    The discipline of children with disabilities is always difficult to calculate, because the laws protecting child with disabilities have been laid over the older, more punative laws governing the discipline of all students. Where a child is disabled schools still have the right to discipline the child in the way they would if the child was not disable, as long as the punishment is not so severe that it amounts to a change of the child's placement (educational program). For example a school...

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