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Kevin C Brague

Kevin Brague’s Answers

11 total


  • Endangering the educational welfare of a child

    I have a friend who has 3 children they are being charged with this crime due to truancy. What are the consequences and this is a 1st offence.

    Kevin’s Answer

    Truancy may be considered a low level misdemeanor depending on the jurisdiction. Usually truancy laws are enforced where there is a compulsory school attendance law. School use truancy citations to parents to get kids in school, and so they can track attendance for state and Federal money. if your friend enrolls the kids in a home school program and can prove they were enrolled within a reasonable time, then they might be able to avoid the penalty or citation. Of course, look at the local school district policy for the definitions of excused absences (medical reasons, etc.) which may affect the counting of days absence that lead to truancy reporting.

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  • I am a student in an adult acting studio and am being harassed by another student. I'm afraid the teacher will kick us both out

    What are my legal rights against being kicked out of class? I am the victim of this person's obsession with me. He and I dated briefly and I broke it off but he won't stop harassing me. I have been in this studio for two years and am set to gra...

    Kevin’s Answer

    Yes, your school should have a policy on harassment and a complaint form (check your student handbook or course catalog). Talk to the administrative office about this student and the fact that it is interfering with your education. Your teacher may be less likely to kick you out if the issue is coming down from the administration. Additionally, the administration should talk with the offending student which may help curtail the harassment - but only if he wants to remain in school. Remember, your relationship with the school is contractual, so read all the bulletins, catalogs, and handbooks carefully for the school's policies (e.g. your contract terms).

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  • I want to sue my university because I feel they lied to me in admissions process, and have not provided the education promised

    The school I am at made a lot of promises for the 100,000 dollar doctoral program. In short, my cohort, because it is small, has been forced to take our classes out of order, has been forced to take Masters level courses (at doctoral prices) due ...

    Kevin’s Answer

    Generally, the relationship between a student and a graduate school is one of contract, so look to your catalog, and student handbook for statements the university may have breached. This will give you the arguments and basis for getting your money back.

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  • Can you get suspended for jokingly saying youre going to "pump a clip" into youre principle and this is off school grounds

    my principle has me suspended until futher notice for joking around and saying that but i wasnt serious in any way. to me this seems extremely unjust for a freaking joke none the less

    Kevin’s Answer

    School district authority to discipline is limited. Depending on additional facts, the principal's actions could violate your free speech, but given the context of your comments this may not be available to you. Further, the principal cannot suspend you indefinitely without due process (notice and hearing).

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  • What type of lawyer do I need to assure (or if necessary sue) my daughters academic needs are being met, she has an IEP & 504?

    My daughter is a sophomore and I have had numerous discussions with her manager as well as her annual IEP meetings. She started this year having flunked 2 classes the previous year. When we received her schedule it showed she had no 2nd period cla...

    Kevin’s Answer

    Please consider hiring an attorney to assist in in addressing the school deficiencies in your daughter's education. Alternatively, file a complaint with the Oregon Department of Education. The ODE will send an person out to investigate and make recommendations. The complaint process does not cost any money and is an economical way to start. There are at least four special education attorneys in Oregon who can assist you.

    The IDEA provides due process procedures to address the situation you describe. It is also important to be diligent so credits toward graduation are not lost, as well as differences between an Oregon diploma and a modified diploma.

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  • What type of legal help do i need to help my son to stop a coach in high school to stop bulling

    We have had two meeting with the school and coach. this time i called the school dist. they have turn there backs on my son and us. My son has a hard time going to school

    Kevin’s Answer

    Bullying is difficult to stop. I suggest you look at the school board's policies on harassment. There should also be a complaint procedure to follow, as well. Since you have had two meetings on this issue already, you should find an attorney to go with you to meet with the Superintendent. If that does not effect the change you want, then appeal to the school board.

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  • We move to another school district because financial issues and the school were my son goes want him to move too

    The problem it is that my son Does not want to move to another school , he has friends already hi is involve in sports , he feel that it is not fair for him who just moved from Montana to washington he had to leave his friends to start again....

    Kevin’s Answer

    Start with an inter-district transfer application. The home district will have to approve and the receiving district will have to approve. You will a more substantial reason than social contacts. School district often look at child care, nearby relatives, employment in the district, and other similar factors in helping decide these issues. Also, the receiving district may charge tuition for an out of district student.

    I would counsel against using an address to establish residency because that may consitute fraud. If the friend's house is legitimate, then the school must accept him as a resident student. However, this brings up issues of whether or not your son is an emancipated minor, who can make education and health decisions for him. Consequently, you may need to sign a power of attorney for the family to take these responsibilities on, which they may not be agreeable to that level of responsibility.

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  • Can i sue a private medical school?

    I was a student at Gurnick Medical Arts in San Mateo, CA. Failure to pass one class has gotten me expelled from the school. In the past the school has let the students go for failing one class, and they would let them continue with the program and...

    Kevin’s Answer

    The short answer is a qualified yes. Historically, colleges and universities have enjoyed a fair amount of protection from the courts because judges do not want to be involved with deciding how to educate people. Notwithstanding this reluctance, schools, colleges, universities, all produce enrollment agreements, course catalogs, policies, procedures, course syllabi, etc. These items can make a contract between you and the school. If there is no express policy stating that you will be dismissed for failing one class, then you may have a cause of action against the school. Alternatively, if the school is arbitrarily enforcing its policies then there may be other causes of action to look at such as civil rights claims. Schools, private and public, are generally heavily regulated, so both statutes and regulations need to be reviewed for standards of care and permissible conduct by the school.

    Practically speaking, you need to look at the informal or formal grievance policy of the school and follow that rigorously. That may open a door for you to discuss the issue with the Provost or President which may help resolve your issue. Unfortunately, the worst case scenario has already occurred, so the next step may be to hire an attorney. This may also foreclose your opportunity to return to the school.

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  • Being threatned as a police investigation is going on

    I have recently turned in my uncle for child molestation. The five children involved came to me to tell what was happening to them. When the police took the report (back in early November) they said there was a definite case and that it would be...

    Kevin’s Answer

    Keep a detailed record of every contact you have with your Uncle. If the acts continue, then hire an attorney to obtain a temporary restraining order against your Uncle.

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  • Legal gun ownership

    How can I run a check on myself to see if I am legal to own a gun without getting in trouble for applying for a gun purchase. And also, if I have something on my record that hinders me from having a gun, how do I go about getting a pardon and bec...

    Kevin’s Answer

    The simplest way to find your answer is to hire a private investigator to run a background check on yourself. The cost for such an investigation will be roughly $50 depending on the investigator and the report/database they use. If you have a criminal record, then you need to determine if you are looking a misdemeanors or felonies and actual convictions. Some lessor convictions may be expunged after a period of time provided there is no other criminal activity. If you have felony convictions, then it will require more looking into.

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