Know Your Rights When You Are Being Bullied

Know Your Rights When You Are Being BulliedMany times, observers of bullying do not know what to do. Parents may try to step in or may advise their children to simply ignore the bullying. Unfortunately, such action may simply cause the bullying to escalate. Friends may be afraid to help because they do not want to become the new source of ridicule. Types of Bullying Varying kinds of bullying exist and can haunt others. Physical abuse of another may result in bruises, cuts, scrapes, and even broken bones. When taken too far, one may take the life of another even if accidentally. Verbal mistreatment may have the most lasting effects upon a person.

This type of cruelty tends to take certain characteristics one may be most vulnerable about and exploit them for the world to see as ridicule. Because this kind is usually not physical, it may have lasting effects that cause the person to doubt themselves and suffer from low self-esteem. It may even cause them to take their own life if this type of harm goes on for too long, or if it goes too far. Another form of bullying is indirect. 

This could be as little as spreading rumors, or it could be as vicious as causing someone else to directly threaten a person. Protection Due to the high number of suicides and negative effects of bullying, many schools have created programs to fight this nasty form or abuse. In fact, the law requires the implementation of such policies. In addition to the mandated policies, some schools have created clubs to band together and stop bullying in its tracks. Others have had conferences where teachers learn exactly what constitutes bullying and how to combat it.

 State LawsLaws regarding bullying vary from state to state. Some states have offenses related to threatening behavior that are activated if a child is threatened by another student. If the abuse took a sexual form, the criminal offense may be labeled as “Indecent Assault.” Assault charges may be filed if a student physically assaulted your child. State laws often contain very specific provisions and procedures that must be met and followed. For example, Arizona’s Protection from Harassment Act requires the perpetrator to commit multiple transgressions before the law will be triggered. Some states base damage claims on the legal theory of negligence if a student’s bodily harm or mental anguish can be substantiated through professional health confirmation.

Some states have a statute of limitations of merely one year by which a legal claim must be filed. Social Media Many bullies in the 21st century are online bullies. Mobile devices, smart phones, tablets, laptops and a solid Internet connection make it easier for students to log on and post nasty comments about another student. Sometimes, a person uses chat rooms or emails to send a flurry of hateful messages.

In other instances, the bully uses a fake profile or the anonymity of the Internet to say hurtful things to another student that he or she would not normally say if his or her identity was known. Historically, one of the difficulties of pursuing such cases against a school for not stopping the bullying was showing how the school was responsible for content outside of school hours. Another difficulty was that the conduct did not necessarily fit into a typical criminal statute. New legal theories have emerged to solve both problems. Education and Prevention Schools need to explain to the students that bullying is not tolerated.

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Schools may attempt to curb bullying by having ongoing communication with students about school policies and criminal offenses that prohibit such conduct. Conferences and training can help inform staff and students about recognizing bullying, methods to prevent bullying and solving issues related to bullying. Legal recourse is available for those that experience these issues. Individuals who are being adversely affected by bullying may wish to discuss the issue with a lawyer who has experience in personal injury law and education law. Many lawyers will offer free consultations for students that have experienced offensive behavior and can provide an evaluation of the legal remedies that may be available.

October 09, 2017 ·   0

Why We Need The DREAM Act Now

Why We Need The DREAM Act NowHowever, efforts at so-called Comprehensive Immigration Reform (CIR) have gone nowhere for years. Lobbying efforts in March 2010 by the American Immigration Lawyers Association (AILA) made it clear that CIR is not going to pass anytime soon. Given this state of affairs, perhaps now is the time to address separately our most pressing immigration issues.

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And nothing could be more pressing than the one facing many talented young people in our country. In his July 1, 2010 remarks on CIR, President Obama pointed out that many of the 11 million illegal immigrants amongst us came to the US with young children in tow. These children grew up as Americans; they were educated in our schools, speak English fluently, and have embraced American culture as their own. As President Obama stated, many "only discover their illegal status when they apply for college or a job." College applications require a social security number, and illegal immigrants do not have one.

While a few academic institutions have a policy of accepting illegal immigrants (on the theory that they are not in the business of enforcing U.S. immigration law), most do not. Even if a young illegal alien is lucky enough to obtain a college degree, he or she will face an even more serious problem upon getting an offer of employment. Accepting a job offer leads to the need to complete an I-9 form for the employer, a form that requires an employee to produce documents evidencing authorization to work in the U.S. In 2009 the DREAM Act (Development, Relief and Education for Alien Minors Act) was introduced as a way to address this problem. If passed, the DREAM Act would make it possible for 1 million young undocumented immigrants to become lawful permanent residents. The bill would permit immigrant students who graduate from US high schools, are of good moral character, arrived in the US as children, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residence.

The students would obtain permanent residence for a six year period. Within the six year period, a qualified student must have acquired a degree from an institution of higher education in the US or have completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the U.S., or have "served in the uniformed services for at least 2 years and, if discharged, have received an honorable discharge." Members of Congress have introduced several forms of this bill in both the House and Senate over the years, but it has yet to pass. But the DREAM Act could be considered by the Senate again next week. In a blog entry on September 14, 2010, Senate Majority Leader Harry Reid announced his intention to include the DREAM Act in the major defense bill scheduled for floor action next week. A real-life story of a young illegal alien that would benefit from the passage of the DREAM Act is the best way to illustrate the realities of what these young people face.

What follows is such a story (the name is fictitious): Maria San Gabriel Maria San Gabriel was born in Columbia, the daughter of a doctor and flight attendant. Their lives in Columbia were comfortable, but changes in the health care system in that country were making it increasingly difficult for Maria's father to make a living. Seeing their way of life threatened, Maria's parents set their sights on the U.S. When Maria was 7 years old, she and her parents entered the U.S. in tourist status. They moved in with relatives and searched for work.

Maria's father found work as a parking attendant in a garage in New York City, where he still works to this day. Her mother went to work in a factory that manufactures cosmetics. Maria started school in the second grade, struggling to learn English. As the years passed the family of three settled into their new life. Eventually, Maria's parents were able purchase a small apartment. Maria not only learned English, she became a star student graduating from high school with straight A's. Despite this progress, the family was never able to adjust their status; they remained undocumented. Maria's parents put a great emphasis on education and were determined to see their only daughter go to college. Maria felt this pressure. But without lawful immigration status, it seemed like every avenue was closed. Many colleges were interested in her, but she was undocumented. While working on her computer one day early in her senior year of high school, Maria typed "undocumented" and "college student" into a Google search.

The search results included an article by a conservative commentator, critical of colleges and universities that had made a policy decision to accept undocumented students if they were academically qualified. The article identified a school in the Northeast that Maria knew was an outstanding institution. Maria and her parents went to visit the college on a rainy overcast day. Notwithstanding the weather, they fell in love with the school. Maria applied to the college and waited anxiously, checking the mailbox daily. 

When the thick acceptance letter arrived, she cried tears of joy. When she phoned her parents at work to share the news, their reaction was the same. Maria is about to start her sophomore year. During her freshman year, she earned top grades. She is studying Education and DREAMs of being a teacher. But her future is not bright. As an undocumented alien she is not work authorized. With a change in the law, she will never be able to work legally in the U.S.

 There are countless more stories like Maria's all across the U.S. Regardless of one's personal feelings about illegal immigration, there can be no doubt that young people caught in Maria's circumstances are valuable members of our society who, given the opportunity, will make their own unique contributions. It's time for Congress to overcome political inertia and provide the children of illegal immigrants who have grown up in America with the opportunity to fully participate in the life of this country.

We will all be better off for it. ABOUT THE AUTHOR: Victoria Donoghue, Esq. Victoria Donoghue received her J.D. from St. John's University School of Law in 1992, after having received a Masters of Science in Industrial and Labor Relations from Cornell University in 1989. From 2003-2007 Ms. Donoghue was the Assistant Director of Human Resources at the Research Foundation of the City University of New York, a 5000 employee nonprofit corporation that administers the $360 million in research grants that flow through the City University system each year. Her publications include a chapter in The PERM Book, 2008-2009 Edition and a chapter article entitled "A Program to Promote Scientific Research at the City University of New York" to be published in NAFSA's International Students: Strengthening a Critical Resource, due out in 2009.

October 09, 2017 ·   0

Prevailing Wage Laws and the False Claims Act

Prevailing Wage Laws and the False Claims ActThe purpose of prevailing wage laws is to prevent contractors and subcontractors from bidding low in an effort to obtain lucrative government contracts, only to turn around and pay their employees less than what they would earn under non-government contracts. 

The federal government and numerous states have enacted prevailing wage legislation. Depending on the applicable law, the wage rates FIND MORE LEGAL ARTICLES may be determined by collective bargaining agreements or various statistical data. For federally-contracted projects, the United States Department of Labor determines and enforces the applicable prevailing wage. Comparatively, on state-contracted projects, the various state labor departments usually determine and enforce the locally prevailing wage.

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 The seminal federal act in the context of prevailing wages is the Davis-Bacon and Related Acts, commonly referred to as the “Davis-Bacon Act.”(2) The Davis-Bacon Act applies to contractors and subcontractors performing federally-funded contracts in excess of $2,000 for the construction, alteration, or repair, including painting and decorating, of public buildings and public works.(3) Under the Davis-Bacon Act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the prevailing wages and benefits for corresponding work on similar projects in the area.(4) Furthermore, “in order to qualify for federal construction projects subject to the Davis-Bacon Act, contractors must ‘certify’ that ‘each laborer or mechanic has been paid not less than the applicable wage rates.”(5) Therefore, in the context of the False Claims Act (“FCA”), a contractor’s false certification that its workers were paid the prevailing wage pursuant to the Davis-Bacon Act can give rise to FCA liability.(6) For example, in United States ex rel. Wall v. Circle Cons., LLC, the court held that Circle Construction (“Circle C”) violated the FCA when it falsely certified that prevailing wages were paid to subcontractor employees on a project for United States Army.(7) Pursuant to the contract, Circle C was to “pay electricians according to the wage determinations in the contract, to ensure that persons doing electrical work were paid as electricians, to submit payroll certifications to Fort Campbell as a condition of payment; and to ensure that its subcontractors complied with the Davis-Bacon Act and that the payroll certifications submitted to Fort Campbell were complete and accurate, including information on Circle C’s subcontractors.”(8) Circle C failed to list subcontractor employees for electric work in the payroll certifications for the first two years after the project commenced and failed to verify its subcontractor’s subsequent certifications for the years following.(9) The certifications contained a total of 62 non-complying hourly wages for laborers and electricians that fell below the amounts required under the Davis-Bacon Act.(10) In total, the United States paid Circle C $553,807.71 for the subcontractor’s electrical portion of the contract that “should have been paid to [the subcontractor]’s electric and other workers.”(11) The court held that because the Davis-Bacon Act and its regulations require payroll certifications for payment of federal funds(12) and because the prime contractor is responsible for both the submission of copies of payrolls by all subcontractors(13) and compliance by subcontractors to all provisions in the contract,(14) Circle C’s “wage certifications wrongly certified that the prevailing wages were paid on the Fort Campbell project in violation of the FCA.”(15) Because the Army paid out over $553,000 that it “would not have paid if the United States had known about Circle C’s false certifications,” the court assessed an award of three times the actual damages to the United States—$1,661,423.13.(16) Of the fifty states, thirty-two(17) have enacted their own state prevailing wage laws, which vary considerably in their application and scope. The remaining eighteen states(18) without a prevailing wage law allow for the market to set the rates on state-sponsored construction. As in the federal FCA arena, the false certification of prevailing wages in those states with a prevailing wage law and a state equivalent of the FCA, could lead to liability for a state contractor. Federal and State prevailing wage laws provide various threshold amounts for contract coverage. See 40 U.S.C. § 3141 et seq. 40 U.S.C. § 3142(a). 40 U.S.C. § 3142(a)–(b). The locally prevailing wage and fringe benefits for each contract is determined by the United States Department of Labor United States ex rel. Plumbers & Steamfitters Local Union No. 38 v. C.W. Roen Const. Co., 183 F.3d 1088, 1092 (9th Cir. 1999) (citing 29 C.F.R. § 5.5(a)(3)(B)(3)); See also 40 U.S.C. § 3145. Id. (“[T]he FCA does indeed extend to false statements regarding the payment of prevailing wages”). United States ex rel. Wall v. Circle Const., LLC, 700 F. Supp. 2d 926, 938–939 (M.D. Tenn. 2010). Id. at 930–931. Id. at 931–932. Id. at 932. Id. See 40 U.S.C. § 3145; 29 C.F.R. § 5.5(a)(3)(I), (ii)(A)(B). See 29 C.F.R. § 5.5(a)(3)(ii)(A). See Id. at § 5.5(a)(6). Circle Cons., 700 F. Supp. 2d at 939. Id. at 940. These states include: Alaska (Alaska Stat. § 36.05.010 et seq.), Arkansas (Ark. Code Ann. § 22-9-301 et seq.), California (Cal. Lab. Code § 1720 et seq.), Connecticut (Conn. Gen. Stat. Ann. § 31-53), Delaware (Del. Code Ann. tit. 29, § 6960), Hawaii (Haw. Rev. Stat. Ann. § 104 et seq.), Illinois (820 Ill. Comp. Stat. Ann. § 130/1 et seq.), Indiana (Ind. Code Ann. § 5-16-7-1 et seq.), Kentucky (Ky. Rev. Stat. Ann. § 337.505 et seq.), Maine (Me. Rev. Stat. Ann. tit. 26, § 1303 et seq.), Maryland (Md. Code Ann., State Fin. & Proc. § 17-201 et seq.), Massachusetts (Mass. Gen. Laws Ann. ch. 149, § 26 et seq.), Michigan (Mich. Comp. Laws Ann. § 408.551 et seq.), Minnesota (Minn. Stat. Ann. § 177.41 et seq.), Missouri (Mo. Ann. Stat. 290.210 et seq.), Montana (Mont. Code Ann. § 18-2-401 et seq.), Nebraska (Neb. Rev. Stat. § 73-101 et seq.), Nevada (Nev. Rev. Stat. Ann. § 338.010 et seq.), New Jersey (N.J. Stat. Ann. § 34:11-56.25 et seq.), New Mexico (N.M. Stat. Ann. § 13-4-11 et seq.), New York (New York Labor Law § 220(3)), Ohio (Ohio Rev. Code Ann. § 4115.03 et seq.), Oregon (Or. Rev. Stat. Ann. § 279C.800 et seq.), Pennsylvania (43 Pa. Stat. Ann. § 165-1 et seq.), Rhode Island (R.I. Gen. Laws § 37-13-1 et seq.), Tennessee (Tenn. Code Ann. § 12-4-401 et seq.), Texas (Tex. Gov’t Code Ann. § 2258.001 et seq.), Vermont (Vt. Stat. Ann. tit. 29, § 161 et seq.), Washington (Wash. Rev. Code Ann. § 39.12.010 et seq.), West Virginia (W. Va. Code Ann. § 21-5A-1 et seq.), Wisconsin (Wis. Stat. Ann. § 66.0901 et seq.), and Wyoming (Wyo. Stat. Ann. § 27-4-401 et seq.).

 These states include: Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and Virginia. iAuthor of treatise, Federal False Claims Act and Qui Tam Litigation, Law Journal Press (2010), research source of the issues discussed in this article. Notice This website is designed to provide general information only.

This information is not and should not be construed to be formal legal advice. The transmission of the information found on this website also does not result in the formation of a lawyer-client relationship.

October 09, 2017 ·   0

Teacher Loses Job, Heads to Prison for DWI Crash

Teacher Loses Job, Heads to Prison for DWI Crash Most often, when a teacher is charged with a criminal offense, their job is in jeopardy. A tenured teacher facing disciplinary and possible dismissal from employment must endure a 3020a hearing. Robert J.

 Thompson, 38, a Schuylerville school teacher resigned from his job and will serve a prison sentence of 1 to 3 years after pleading guilty to vehicular assault and driving while intoxicated. Thompson had a blood alcohol content of .18 percent. Thompson crossed the middle line of Route 29 in Saratoga Springs and struck a vehicle operated by 19-year-old Clinton English. English, of Greenwich, was ejected from his vehicle and broke his back and left ankle. He wore a back brace for three months and cannot work.

 Thompson was not hurt in the crash. The Gansevoort man pleaded guilty to first-degree vehicular assault. Full article. A 3020a hearing is an evaluation of a tenured teacher to determine whether a school district has grounds to dismiss them from employment. These hearings are before an administrative officer and can take years to be heard. During the period between when the accusations are initially made and the hearing, a teacher may find themselves confined to one of a district’s “rubber rooms.” 

These rooms are a purgatory where the teacher must report to while school is in session. While in the rubber room, the teacher is paid their full salary, however, they are not allowed to teach and must sit all day with no meaningful work to do.ABOUT THE AUTHOR: Lenny Leeds represent students, teachers, professors, adjunct faculty, administrators, board members and others who work in the primary or secondary levels of education.The attorneys at Leeds, Morelli & Brown, P.C., represent students, teachers, professors, adjunct faculty, administrators, board members and others who work in the primary or secondary levels of education, and who have been mistreated in some way by their employers.

October 09, 2017 ·   0

Drug Convictions Disqualify Student Financial Aid Applicants

Drug Convictions Disqualify Student Financial Aid Applicants The U.S. Higher Education Act (HEA) denies loans, grants, even work study jobs to thousands of would-be students every year who have drug convictions. In 2006 the law was scaled back to be limited to offenses committed while a student is enrolled in college and receiving federal Title IV aid.

 Even though you may be ineligible for federal student aid now, you could qualify within a year or two. If your case is dismissed after completing a deferred sentence under MCL 333.7411, you could be eligible sooner.Students with a one possession conviction lose eligibility for one year from conviction date. Students with two possession convictions or one sales conviction lose eligibility for two years. 

Those with three possession convictions or two sales convictions are ineligible indefinitely. The Federal Financial Form (FAFSA) requires disclosure of convictions for possessing or selling illegal drugs - not alcohol - for an offense that occurred while the student was receiving federal student aid - grants, loans and Work-study. Any conviction that was reversed, set aside, or removed from your record is not considered a "conviction" for this purpose. Do not count any conviction that occurred prior to turning 18, unless you were prosecuted as an adult.

 If you have been convicted for the possession or sale of illegal drugs for an offense that occurred while you were receiving federal student aid (such as grants, loans, or work-study), you must complete the Student Aid Eligibility Worksheet to determine if you are Eligible for and/or Partially Eligible for aid. Even if you are disqualified for Federal Student Aid, you may still qualify for financial aid from your college or state or other private organization. 

 ABOUT THE AUTHOR: Patrick S. Fragel Patrick S. Fragel, Criminal Defense, Former Prosecutor since 1994. After law school, he assumed a full-time prosecutor position where he handled cases involving drug offenses, drunk driving, serious assaults and embezzlement. During his 18 years of private practice, he has obtained several “not-guilty” verdicts in criminal trials throughout Western Michigan. His business law practice includes 20 years in commercial transactions and business formation. After earning his B.A. from Michigan State University, he enlisted in the U.S. Army, Infantry and climbed the ranks to Captain. His graduate work focused on organizational goal setting, and culminated in an MPA from Northern Michigan University. While at NMU he performed outcomes assessment while working for the Department of Institutional Research.
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October 09, 2017 ·   0

Stuck With Unaffordable Student Loans, Now What?

Stuck With Unaffordable Student Loans, Now What? “I cannot pay back my student loan … I thought the loan was discharged through my chapter 13 bankruptcy … [but] it wasn't. However … the burden of repaying my loan would impose a severe hardship due to my age. I am 66, and plan to retire next year. My income will be social security and perhaps a part-time job.” She indicated later in her message that these debts date back to the 1980's. 

Now as she nears retirement and has already had to deal with bankruptcy, she finds herself still straddled with these same obligations. This is a tricky situation. Unfortunately, it is true that generally student loans are not discharged by bankruptcy. The very rare exception is when one can show at the time of the bankruptcy that the debt created by the student loans is going to create an unreasonable burden to the debtor and that the debtor will never be able to make payments, often because of a disability or other circumstance beyond the debtor's control. 

Absent that, the debts to federal student loan companies are exempted from bankruptcy and will not be discharged. If a borrower believes they are in such a situation, they should consult with a bankruptcy attorney who may be able to help them prepare the appropriate pleadings to seek this relief. However, it is important to understand how unusual this kind of relief is, so if a bankruptcy attorney advises that it is not going to be likely or possible, you should probably trust their opinion. However, there is some possibility for relief. The College Cost Reduction and Access Act, signed into law in 2007, largely became effective in July 2009. 

The Act contains provisions designed to improve the ability of a borrower to pay off post-education debt. Specifically, there are two plans, one based purely on the financial ability of a borrower to repay and one based on career choice. The Income-Based Repayment plan provides a number of means of reducing student loan payments to much more affordable levels, even down to nothing under certain circumstances. 

The debt still exists and the interest still accrues, but if the repayment rate is reduced sufficiently the payment should be less painful (or no pain at all if it reduces to zero) and the debt will ultimately die with the borrower and not be passed to one's beneficiaries. Furthermore, this plan allows for loan forgiveness after either 10 or 25 years depending on one's career choice. 

 To qualify, the borrower must show at least partial financial hardship in the form of high debt-to-income ratio. Qualifying loans include both Direct and Guaranteed student loans, such as Stafford, GrandPLUS, and consolidation loans. It does not apply to Parent PLUS, Perkins, or private loans. The borrower's monthly loan payment is calculated as 15% of the individual's discretionary income. Discretionary income, in turn, is determined by the difference between the borrower's monthly adjusted gross income and 150% of the federal poverty line, and is recalculated on an annual basis. After 25 years of repayment under this plan, any remaining debt is forgiven regardless of the borrower's career choice. 

However, one very important caveat: when the debt is forgiven the IRS will consider it income and it will be taxable. That could really hurt for those with remaining obligations in the tens of thousands range. Indeed, if the borrower has a relatively low amount of discretionary income, resulting in a very low payment, the forgiven balance at the end of 25 years could actually be more than what was owed at the beginning of the repayment period due to the accumulation of interest. Another variation of this plan is the Income-Contingent Repayment Plan. 

This variation is for anyone who does not qualify for the Income-Based Repayment Plan, and is available only for Federal Direct Loans and Grad PLUS loans. It is not available for Federal Family Education Loans (FFEL), parent PLUS, or private bank loans. Under this variation, the amount paid each month is the lower of the following two formulas: 20% of the borrower's monthly discretionary income or the amount the borrower would have repaid under a standard 12-year repayment plan multiplied by an income percentage factor determined on the basis of income and marital status. Just as with the Income-Based Repayment Plan, the Income-Contingent Repayment Plan qualifies for debt forgiveness after 25 years of repayment, regardless of career choice. 

 The Public Service Loan Forgiveness plan, on the other hand, allows borrowers to opt for careers in government and nonprofit fields while still allowing them to get rid of debt in a reasonable period of time. If the borrower earns less than 150% of the federal poverty level based on family size, that borrower's loan payments will be $0, but they will still count toward the borrower's 120 monthly payments for loan forgiveness. This plan applies to Federal Direct Loan. The borrower's employer must be a government agency, a 501(c)(3) not-for-profit entity, AmeriCorps, or the PeaceCorps. For the debt forgiveness to apply, the borrower must be using one of the above-identified repayment plans and the loans cannot be in default.

October 09, 2017 ·   0

Are Online Degrees Really Valid and Legal?

Are Online Degrees Really Valid and Legal? The result is that one may, either knowingly or not, list on their resume a degree that is either completely fraudulent or not generally recognized as valid by organizations that maintain minimum educational standards for institutions of higher learning. This can be an initial boost to one's resume and might even help the candidate land a job, but maintaining the position may be another matter. When it becomes apparent that the individual lacks the expected knowledge and abilities of one who holds such a degree, it could lead to loss of work, civil liability for fraud or misrepresentation, or even criminal charges. 

 The individual may be just as much a victim. Some of the companies issuing such degrees actually appear to be legitimate institutions. Some have required study programs to perpetuate the appearance of being a legitimate college, though these programs are often abbreviated. Some even claim accreditation, though the accrediting organization may be phony, as well. Often these schools appear to be located in the United States, but upon further investigation turn out to be from overseas, making taking any form of legal action against them difficult at best. So, how can one tell a legitimate school from a fake and avoid being scammed? Once it was possible to tell simply if the school was completely online, but a number of legitimate institutions have grown up around this model as the Internet has developed, so this is no longer a clue. Instead, you will have to dig a little deeper: Website Legitimate school are likely to have a lot of information on their websites about their programs and curricula, faculty, alumni activities, etc. 

If the school you are considering lacks any of this information it may be bogus and you might need to look elsewhere for your educational needs. Accreditation Every legitimate institution is accredited. Which organizations are responsible for providing that accreditation will vary by jurisdiction and by field (for example, the American Bar Association accredits law schools, but the state in which a school is located may have its own accreditation process for those same law schools to be considered legitimate). The accreditation process is designed to ensure that a college or university meets certain minimum standards with its education and professionalism. 

This is also how employers and other schools will know that if you hold a degree from an accredited college or university, you have met certain minimum educational requirements and should have certain core competencies. Fees and Time Many accreditation organizations have standards for the number of hours a student must devote to the study of a particular subject in order for that school to legitimately issue a degree in that subject. 

While some legitimate schools offer “accelerated” programs, they usually achieve their accelerated status by allowing students to take more classes at one time, allowing them to complete the requisite number of hours of study in fewer months. However, illegitimate institutions often offer “accelerated” programs as part of their allure, as well, but usually without any corresponding longer programs and without requiring one to dedicate greater amounts of time to their studies. 

These schools will often charge much lower tuition than other, legitimate schools. While the allure is obvious (degrees issued in less time and for less money), as is so often the case, if it seems too good to be true, it probably is.What Can You Do?If you have questions about whether a program you are considering is legitimate or not, you can contract your state's accrediting organization(s) or seek advice from an attorney experienced in education law. A short consultation with your lawyer could keep you from spending thousands on a useless degree that could actually get you into other legal trouble when you try to use it on your resume! If you have already been defrauded by one of these sham schools, you should also consult with an attorney to see if you have a viable cause of action against the phony institution.

October 09, 2017 ·   0

Education Sector In India - Legal Perspective & Analysis

Education Sector In India - Legal Perspective & Analysis Introduction Education, in simple parlance, means to impart knowledge and make it available to others. The word has been derived from the Latin word "education" which means "bring up".

Thus, education means to bring out what is within you. The term 'education' refers to levels of education, and includes access to education, the standard and quality of education, and the conditions under which it is given.1 It is an expression of knowledge that a person brings out from within himself and imparts it to the other.

The meaning of education in social codes and manners, from as early as the 1610s, was "systematic schooling and training for work"2. Hence, education has always meant delivering knowledge, knowhow and skills in an organized place. Education, in its broadest sense, is the most crucial input for empowering people with skills and knowledge and giving them access to productive employment in future.3It is education that brings out the best in a man.

It is training that teaches a man the art of conducting himself in the society, in the best possible manner and with discipline. The significance of education has been well explained in the case of Brown V. Board of Education4, in following words: "It is the very foundation of good citizenship. Thus, today education is the principal instrument in awakening the child to cultural values and grooming him for professional training and in helping him to adjust normally to his environment." Thus, education does not only make a person knowledgeable, but also grooms him to adopt his culture and values, to be practiced in the righteous manner. Right to education has now become a fundamental right under Article 21A of the Constitution of India, although, the United Nations (UN) Conventions and Principles recognized this right many years ago. Universal Declaration of Human Rights (UDHR), which was adopted in 1948 also recognizes the Right to Education under its own Article 26.5 The said Right to Education has also been recognized under Article 136 by the International Covenant on Economic, Social and Cultural Rights (ICESCR) India is under obligation to implement the provisions of the Convention against Discrimination in Education, which was adopted on December 14, 1960 by the General Conference.

It provides for the role of international organizations in the implementation of the right to education, which is just not limited to the preparation of documents and conducting conferences and conventions, but it also undertakes the operational programmes, assuring access to education of refugees, migrants, minorities, indigenous people, women and handicaps. Article 46 of the Indian Constitution states that, "The State shall promote, with special care, the education and economic interests of the weaker sections of the people, and, in particular of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of social exploitation." Articles 330, 332, 335, 338 to 342 and the entire Fifth and Sixth Schedules of the Constitution deal with special provisions for implementation of the objectives set forth in Article 46. Similarly, Articles 30(1) provides for the rights of the minorities to establish and administer educational institutions of their choice. These provisions need to be fully utilized for the benefit of these weaker sections in our society.

 History Education in India has a rich and interesting history. In the ancient days, education was imparted orally by sages and scholars and thus, information passed on from one generation to the other. Later, the 'Gurukul System' of education, which set up the traditional Hindu residential schools of learning came into existence and flourished. It is in these gurukuls that children from all strata in society studied ranging from Princes of States to their subjects. The first university in the World was established at Takshila in 700BC and thereafter, higher education flourished at Nalanda, Ujjain and Vikramshila Universities. As per the writings of British historians and educationists, education flourished in India in the 18th century, with a school in every temple or mosque in the villages in most regions of the country. The main subjects were art, architecture, painting, logic, grammar, philosophy, astronomy, literature, Buddhism, Hinduism, Arthashastra, law and medicine.

 The present system of education, having western style and content, was introduced and founded by the British rule in the 20th century, at the recommendations of Lord Macaulay. Present Indian Education System The Indian education system, considered as one of the largest in the world, is divided into two major segments of core and non-core businesses. While, schools and higher education for the core group, the non-core business consists of pre-schools, vocational training and coaching classes.

 The education sector in India is also considered as one of the major areas for investment as the entire education system is going through a process of overhaul, according to a report 'Emerging Opportunities for Private and Foreign Participants in Higher Education'. The Indian Education System, like everywhere else in the world, is divided into stages starting from Nursery, Primary, Secondary, to Higher Secondary, Graduation and Post Graduation. The Pre-Primary or Nursery has Lower Kindergarten and Upper Kindergarten, where basic reading and writing skills are taught and developed.

The Primary School has children between the ages of six and eleven. It has organized classes from one to five where basic knowledge of languages, calculations and reading and writing skills are enhanced to make the child well versed with the language. The Secondary School has children between the ages of eleven and fifteen and the classes are organized from six to ten and whereas, the Higher Secondary school has students between the ages of sixteen and eighteen and the classes are organized as eleventh and twelfth, respectively. In some States, the classes between six and eight are also referred as the Middle School and those between eight and ten are referred as the High School. Higher Secondary School plays a pivotal role in laying the foundation of the future course of discipline a child may want to adopt. It provides education to specialize in a field and there are different streams available for the same. Regulatory Aspects Under the Indian Constitution India, being a federal set-up and the Constitution of India, 1947 ("Constitution") places education as a concurrent responsibility of both the Centre and the State.

This is to say, that while the Centre coordinates and determines the standards in higher and technical education, the school education remains the prerogative of the respective states. Notably, it is a settled position that the activity of establishing and/or running an education institution cannot be regarded as "trade" or "commerce" falling under Article 19 (1)(g) of the Constitution. In the case of State of Bombay v. R.M.D. Chamar Baghwala (AIR 1957 SC 699), the Supreme Court of India held that education is per se an activity that is charitable in nature. It was further held by the Supreme Court in the case of Unni Krishnan v. State of Andhra Pradesh (AIR 1993 SC 2178), that imparting education cannot be allowed to become commerce.

Trade or business connotes an activity carried on for a profit motive, and imparting education cannot be regarded as "commerce" in India.Additionally, in the case of Aditanar Educational Institution v. Addl. CIT (224 ITR 310), the Supreme Court was of the view that if after meeting the expenditure, a surplus resulted incidentally from an activity lawfully carried on by an education center, such an institution would not cease to be one that was existing solely for educational purposes since the underlying object was not to make profit. However, as was held in TMA Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, reasonable profits after providing for investment and expenditure must be utilized for the benefit of the educational institutions. Surplus/ profits canno tbe diverted for any other use or purposes and cannot be used for personal gains or other business or enterprise.

October 09, 2017 ·   0