Todd Bruce Kotler’s Answers

Todd Bruce Kotler

Massillon Education Law Attorney.

Contributor Level 16
  1. Do I have grounds to support my claim?

    Answered over 2 years ago.

    1. Brian Scott Piper
    2. Todd Bruce Kotler
    3. Loretta Marie Helfrich
    3 lawyer answers

    I agree with Attorney Piper Contact CSEA to begin the support process. Termination of parental rights, at this point, however, is very unlikely. The right to parent is considered "paramount" under both State and Federal law. It is among the substantive due process rights, protected by both the Ohio and U.S. Constitutions. Thus, the state would have to show that termination of the rights was neccessary, not just desired by you. Good luck and vote this answer up, if you found it helpful.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I have a shared parenting agreement with my ex-wife and I was deemed residential parent for school purposes. Can she change this

    Answered over 2 years ago.

    1. Todd Bruce Kotler
    2. Maria Christina Cutillo Teare
    2 lawyer answers

    Attorney Teare spot on, as to the fact that these matters are never really "final". That said one seeking to modify the custody order would need either your agreement or the aid of the court. As you are the residential parent for school purposes the child will efectively need to reside with you during the school week. Driving a kindergartner (or perhaps pre-K) an hour to school in the morning is pretty tough. This will be presumed to have been contemplated at the time you and she signed...

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  3. Can they exclude my special needs child from field trips?

    Answered about 2 years ago.

    1. Hans Albert Gillinger
    2. Todd Bruce Kotler
    3. Christopher Houston Schulz
    3 lawyer answers

    I agree with Attorney Schulz, but only wish to add IDEA also ought to protect your child along with section 504 of the Rehabilitation Act. Both Section 504 of the Rehabilitation Act of 1973 and IDEA mandate that school districts provide disabled students access to extracurricular activities alongside their typical peers. Section 504 extends two legal principles to non-academic programming. The first principle is that a student with disabilities shall participate with non-disabled...

    4 lawyers agreed with this answer

  4. How do colleges get away with charging different rates for in stste students vs out of state students?

    Answered over 2 years ago.

    1. Todd Bruce Kotler
    2. Ronald S. Pichlik
    3. Bruce E. Burdick
    3 lawyer answers

    Your question is framed as a constitutional question so I have marked it for that catagory as well. The priveleges and immunites clause refers general rights of U.S. citizenship and basic due process rights (that follow in the due process clause). College education, however, is not a fundamental right, however as is K-12 education. Thus, the States may show preference for thier residents. Please mark this answer as up if you found it helpful.

    4 lawyers agreed with this answer

  5. Do I sue my principal or the Department of Education for slander?

    Answered over 2 years ago.

    1. Christine C McCall
    2. Todd Bruce Kotler
    3. Christian K. Lassen II
    4. Brian C. Pascale
    4 lawyer answers

    The term I think you are looking for is "defamation" which is a false statement of fact about an individual that injures that person's reputation. I doubt you could sue either successfully because of the problems in proving the motivations of the students that damaged property or proving you did not lock them in a closet (if that is what you deny). Moreover, the testemony before a Department of Ed. hearing may well be protected conduct not subject to normal tort liability. Anyway,...

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  6. How do I sue a school district for civil rights and bullying , my child is protected by the 504 act

    Answered over 2 years ago.

    1. Harold Benjamin Gold
    2. Todd Bruce Kotler
    3. Inga L Stevens
    3 lawyer answers

    I am so sorry your child and you are enduring this treatment. From your question it sounds as if the school may be retaliating against you for sticking up for your child as well. You MUST do several things (provided you have not already done so). 1) You need to write the school and the district superintendent and list every writing an phone call you have had with the school adressing these issues. 2) You also need an education lawyer, fast. Search through Avvo and the COPAA (...

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  7. Education Lawsuit/Attorney

    Answered over 2 years ago.

    1. Christine C McCall
    2. Todd Bruce Kotler
    3. Barry Franklin Poulson
    3 lawyer answers

    Attorneys Mccall and Poulson have given you all the guideance that one could give without ALL of the facts. The bottom line is you need to spend the money to retain an attorney. No lawyer takes on completely pro bono or contingency, contract dispute cases. (This is what you have alleged). While some may be willing to take some of this case on contingency (for amounts worked over that covered by the retainer), they will not take it strictly on retainer as there is not the kind of...

    4 lawyers agreed with this answer

  8. He did not ask me to take a BAC. hOW CAN HE TRULY PROVE I WAS INTOXACATED CONSIDERING i take medication that impairs me a little

    Answered over 2 years ago.

    1. Todd Bruce Kotler
    2. William Oris Worsham
    3. Nicholas Charles Lindley
    4. V. Iyer
    4 lawyer answers

    Most states have more than one way for the police to charge one with DUI. One is for driving with a prohibited BAC, or drug level (coccaine, marjiuana, . . . etc); the other way is what they did in your instance which is for "impared " driving. In this instace the testemony of the cop and the administration of the tests will be key. They can convict you based on this testemony and you NEED to hire an attorney who focuses on DUI cases, someone who tries these cases often and is expert...

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  9. What steps does a 16 year old take to drop out of high school in California? Will Social Security benefits continue?

    Answered over 2 years ago.

    1. Clifford Michael Farrell
    2. Todd Bruce Kotler
    3. Brian S Wayson
    3 lawyer answers

    You also will want to check with the school district and Californua Department of Education as to what steps you may take and their consequences (for example, the ability to get into a state college, . . . etc.) I am also concerned that the asker may be the student with these issues. If there is a learning disability, is there an IEP in place? Should there hve been, if there wasn't? Potentially this is a child find issue or a disability harassment issue. The lack of specificity in...

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  10. Is it legal for a school to have a team policy that members have to refrain from having a relationship?

    Answered over 2 years ago.

    1. Todd Bruce Kotler
    2. Donald Michael Gallick
    2 lawyer answers

    You have not given enough facts. What kind of school is this; secondary, college, public, private? Is this a school sponsored team or club? If it is a private school, the rights of the team members will be more limited. Even if in a public school the law will be murky, at best. Ohio's statutory law and administrative rules are silent as to homosexual relationships within public schools. Where sexuality is mentioned it is with respect to common sense prohibitions on student-teacher,...

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