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Todd Bruce Kotler
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Todd Kotler’s Answers

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  • Are parents liable or negligent for an unruly, special needs child's destruction/injuries at school, even with prior knowledge?

    I live in Ohio and have a special needs child (on an IEP) diagnosed with conduct disorder/ADHD/Cyclothymic Disorder. He is destructive and dangerous to himself/others, but the school staff are unable to stop him from destroying property. They won'...

    Todd’s Answer

    There is no easy answer with so many questions so I will try to break this down as best I can. The simple answer is you are liable if a court says you are.

    You stated that "He is at an alternative setting school to address his behavior issues" Is this a charter school? Is the he on an autism or Peterson scholarship?

    You also stated "They want him to take responsibility though he is unable to comprehend/recall most of the consequences from one hour to the next. He has been in 'empty' rooms, prohibited from leaving for entire school days, and he ripped electrical out, thrown things out windows, etc. " Well how old is the child? What does the ETR say about his capacity to function and understand? What does your agreement (contract) with the school say about such things?

    You ask "Am I 'negligent', though the actions are a known manifestation of his disability?" Not sure how you could be "negligent" in order to establish this the school would have to show you breached a duty to them. Your facts don't match that. In fact you said "the school staff are unable to stop him from destroying property." So how are you supposed to when you are not there?

    What is most disturbing is that you write that "They won't allow me to attend/observe the school staff, and have injured him (broken bones/bruised him) while doing restraints. " My view is that they cannot prevent you from observing. They can set reasonable time restrictions but must permit observation. Have they refused you in writing? If you are so unhappy with this school, why not place him elsewhere?

    Can they charge me for damages/sue me for injuries of school staff? AWhat other actions can I take to prevent more incidents since I'm not there?

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  • What if Ex does not allow access to all medical info

    We have joint custody. Ex took children out of school to therapist without me knowing. I found out from the kids. I ask what was her reasoning for thinking the need a therapist. No reply months have passed. So she kept them out of school and tiki...

    Todd’s Answer

    Have you requested records from the therapist with whom your children spoke? Seems like that would be the most direct source.

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  • Can I take online school in a different state

    I'm a senior in South Carolina and only have three classes left to take, I'm currently taking classes on virtualsc and wanting to take my last three online as well. If I move to Texas while taking the online classes, can I do that or would I have ...

    Todd’s Answer

    Your question is best directed towards the school district into which you plan to move.

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  • I wonder which legal status works for my situation.

    I am married with three children who were born in the US, and am from Benghazi, Libya whose state is an ongoing armed conflict. I have finished my degree and applied for OPT in 2015. After on year, graduate school didn't renew my I-20, so now I am...

    Todd’s Answer

    Have you applied for political asylum? Have you hired an immigration attorney? This is really an immigration matter much more so than an education matter

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  • For a special education student, is the district required to provide proof of ability levels of the other students in a class?

    For example, when speaking with teachers, it may be indicated that a range of 5 grade levels exists in some special education core classes with only one teacher present to differentiate instruction. However, district administration may maintain th...

    Todd’s Answer

    I agree with my colleagues but write separately to stress that if you ask for information about other students that you ask that their identifying information be redacted so as to avoid the district raising a FERPA issue.

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  • Stopping child support for 18 & 19 year old enrolled in Jr. College adult high school program.

    Husbands kids are 19 (turning 20 in sept 2016) and 18 (turning 19 in May 2017). Ex wife said they are both enrolled to finish "adult high school" at Pensacola Jr college. I have no end date on divorce decree as it was finalized 5 May 2010. It seem...

    Todd’s Answer

    There are no guarantees. Moreover, courts are beginning to rule that support goes beyond high school in limited situations (based on exceptional or special needs of a child). This parent does not indicate whether these adult children have such needs.

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  • Education disqualification

    I attended my st Mary's college. I was in the time frame they gave me to pay classes I did not feel well but I had to get a note from my dr. to leave and for payment. I was allowed to get a letter by my dr to be back in school, They decided it w...

    Todd’s Answer

    • Selected as best answer

    This question is lacking in necessary details. How soon after not feeling well did the student get a note from the doctor? What is the University policy on withdrawal from class and refunds? DId the student keep written records of when the school was contacted and what was promised? This student should gather the written records and see a local attorney familiar with education law.

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  • Does that constitute extortion?

    I signed a sales agreement with my dad's friend. After the agreement was signed my dad's friend kept coming up to my dad and changing his story "my tenant has to be paid before i can sell the property" "I have to get my car fixed" and asking my da...

    Todd’s Answer

    I agree with my colleagues. This is a contract matter. What did the agreement say? What were the parties to the contract supposed to do? Where those acts performed? These are the questions that an attorney will have for you. If you performed your obligations and the other side did not you are likely to be successful. The key detail that is not indicated in your question is whether the defendant has assets with which to pay the judgment or which you can collect.

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  • What can an county corrections department ask about me if I'm applying for a job?

    I picked up a pamphlet from the county corrections department after they called me to start the background and interview process. The pamphlet asks pretty intrusive questions. It wants to know if I own any guns and if so their models and serial n...

    Todd’s Answer

    Thea are not overstepping their authority, They have a duty to the public to thoroughly vet all officers.

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  • What do I need to do?

    A college I attend in NC, in the fall 2013 to spring 2014, allowed to attend there for one year without financial paperwork being completed. After a battle of back farther messaging of documents, the ending result was owing them a full year tuitio...

    Todd’s Answer

    Going to court without any written documentation as to the promises between the school and yourself is the last thing you should do.

    A school to which you owe money may hold on to your transcript.

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