When Insurance May Not Cover Issues in Real Estate

If there is a need for extra insurance, it should be purchased, but the policy must be understood, or it is possible to buy through a carrier where gaps may exist such as smoke or fire damage or theft of only certain goods. Standard coverage may not be appropriate for specific locations around the United States.The standard policy that a new homeowner purchases typically covers everything he or she may think of, but this is not necessarily enough based on what could go wrong.

The theft policy could only cover small items such as radios, books and electronic gadgets, but the larger purchases may be exempt from this policy. Vandalism generally covers any type of damage, but if theft is not included, anything stolen may not be compensated. Weather could encompass fire, wind, lightening and similar issues, but it may not cover flooded areas with extensive rains. And, there are times when other problems occur that the homeowner may not have thought could occur in his or her location.Mold and PestsSmall pockets of mold are usually not treated with care by the homeowner.

However, when this mold spreads and consumes portions of the house, it may be both a danger to the safety of the walls and structure as well as the health of those within the home. Some coverage provided by insurance policies and carriers are limited in the aspect of mold, and there may be only some compensation or repair work possible. Other polices have no coverage for mold within the insurance purchased, and this could leave the owner of the house in dire peril for housing. Most insurance agencies have limited mold coverage so that only something specific that causes the problem could lead to coverage.

 This may be a burst pipe or damages made by construction workers.Mice, rats, termites, bed bugs and other pests are not usually provided for in the standard coverage purchased by a homeowner. Any of these creatures may damage the house through electrical wiring to holes in the wall. Unfortunately, unless additional policies are purchased or coverage is extended, the owner of the policy is out of luck in dealing with these insurance issues. For those that cannot afford extra or more insurance, it is best t prevent these disasters from transpiring. This may require the individual to keep a look out for insects, pests and rodents. Avoiding the complication may be the best option available.Sewage, Floods and EarthquakesSewage back-ups occur infrequently, and this is one reason many homeowners do not purchase policies with this protection. If this matter does affect the house, it could cost thousands.

Floods usually only harm a home in certain locations around the country. However, it is vital to purchase this coverage to ensure any flood that does transpire may be recovered from and the compensation received. Even if mortgages and loans do not require this policy, it is important to ensure it’s added to the insurance for the house. Damage from both floods and sewage ruin the property and are a great expense.Earthquakes are another disaster that usually only affect certain portions of the globe. However, many policies do not offer this type of coverage.

That means additional insurance is necessary. Because the standard policy does not include quake damage, it is vital that in the locations where seismic activity is a concern that the coverage is added to a insurance. Some locations may be affected by sinkholes, or these may appear through other natural disasters. However, because they are rare unless in certain states, insurance often does not even have this listed as an option. However, earthquake coverage may include these problems as well.Legal Concerns of InsuranceThere are many instances when insurance is purchased and the settlement is not provided, or compensation is not enough to recover from the incident. As long as the policy covers the matter, it is imperative that a lawyer is hired to assist with all reasonable and possible compensation. It is also crucial that extra insurance coverage is purchased when there is any possibility that the infrequent issue occurs, and legal counsel sought when necessary.

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Insurance Settlements and Service Providers

Insurance settlements usually are offered to ensure the damage is repairs fully. If this amount is greater than the repairs, the compensation may need to go for other items such as additional manpower, extra services and similar concerns. It is important to ensure the insurance company is not harmed during this process to prevent any complications or legal entanglements with the business in the future. 

This could mean contacting the adjuster after the invoice has been supplied. However, if the service provider wants to increase costs due to the amount awarded, it may be necessary to contact an expert in these matters such as a business lawyer. 

 When damage occurs to the home or other areas and an insurance company is contacted for compensation to make repairs, an insurance adjuster is dispatched to discover how much in compensation needs to be provided if the claim is legitimate. 

This means analyzing the situation and determining a reasonable and fair offer based on all included factors. The monies provided through this process are usually enough to cover all damage incurred. Then, a repair agency is contacted to make the location whole after the incident. 

This could mean a carpet cleaning service, a fire repair company or similar organizations.Invoice ChangesCompanies hired to repair the damage caused for whatever incident may work directly through an insurance company. However, even if they discover how much in the settlement was provided, the billing through the invoice should not be changed unless additional work is needed to complete the repairs. For any questionable actions or activity where the company may request to alter the invoice, the insurance carrier should be contacted. 

This could lead to complications if the policy holder does not communicate what is transpiring. It may be necessary to hire a lawyer to keep these issues from harming the homeowner.More Settlement than NeededIf there is more compensation provided than needed for repairs to the affected home, location or area of damage, it is up to the homeowner or policy holder to contact the insurance company and give the extra back to the company. Paid receipts are provided to the carrier for these situations, and all funds are monitored for these circumstances. 

It is when changes are made to the invoice after learning how much was provided that these matters may need to involve legal representation to prevent complications with the insurance agency. However, if all extra monies are refunded to the insurance company for what was not needed, the policy holder should not foresee any further problems.How to Proceed with Larger AwardsThe best way to move forward after more awards are given than needed for repairs may be to contact the insurance adjuster and see if anything has been missed. It may be that something was discovered and placed in the investigation documentation that was not repaired or noticed by the service providers. 

This means that the employees did not detect any additional concerns and may have given inadequate service. However, there could be another area that was untouched by cosmetic damage, but the internal systems may have been harmed by the incident. One example of this would be fire damage having destroyed an entire room, but smoke may have clogged ventilation and is not seen until someone digs into the matter deeper. 

 When the repairs are complete, the invoice should reflect reasonable and fair pricing with everything taken care of that was damaged. This receipt of the services rendered should not be altered unless additional work is needed. Once the invoice is provided, all extra funds need to be refunded to the insurance company, or the policyholder could be committing a crime. If the service provider attempt to alter the invoice after everything has been completed and pricing was calculated correctly, the employees may be committing a violation of the law.

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Know Your Rights When You Are Being Bullied

Many 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 BullyingVarying 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.ProtectionDue 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 MediaMany 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 PreventionSchools need to explain to the students that bullying is not tolerated. 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.

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The Homeschooling Court Victory for Parents in California - Can Parents Rest Easy?

As California’s financial debt, overcrowding and budget cuts eat away at the quality of education being given to students in California, and as the number of families grow who feel they can give their children a better education than is given in public schools, and without the influence of bullies and other disruptive elements in their children’s lives, there is now a significant numberFIND MORE LEGAL ARTICLESof children being homeschooled in California. California education lawyers and education attorneys throughout the State of California have been aware of this large segment for some time now in California. 

 Therefore, when in February 2008, a California court ruled that unless one of the parents of a homeschooled child had a credentialed teaching degree, their children being taught at home were truant, it shocked the families of these homeschooled children. 

 This ruling was thought to affect 200,000 kids in the State of California. Protests were raised from parents of these children to the Governor of the State.On rehearing, the same judges made an equally stunning reversal of their opinion. Judge H. Walter Croskey, of the Second District Court of Appeal in Los Angeles wrote that so long as parents declare their home to be a private school, they can continue to homeschool their children, even without credentials.Parents, especially Christian parents of homeschool children and homeschooling associations hailed the decision. Governor Schwarzenegger perhaps naively expressed his hope that this might settle the issue once and for all.However, in his decision on the issue, Judge Croskey noted that while California impliedly allows parents to homeschool, California currently has no enforcement mechanism.

He said, given the State’s compelling interest in educating its children, and the absence of an express statutory and regulatory framework for homeschooling in California, additional clarity would be helpful.Parents of homeschooled children should realize that Judge Croskey’s opinion is an invitation to legislators to create statutes and regulations in this area as well as a mechanism to enforce the rules they set for homeschooling.As a lawyer who must constantly read new laws, parents should know too that wherever there are legislators, they are busy creating new regulations.Governor Schwarzenegger’s hope notwithstanding, the court’s ruling did anything but abdicate the right to make further rulings. 

After first holding against homeschooling and then completely reversing course and admitting that it did so simply on an implied allowance by the State to allow it, the next court to review the subject could very well rule completely differently.For the moment, however, parents teaching their children at home can breathe a sigh of relief. How long that relaxed atmosphere will last, however, will yet be up to the courts and the state legislature.ABOUT THE AUTHOR: R. Sebastian GibsonSebastian Gibson graduated cum laude at UCLA in 1972 and received law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law. 

 Mr. Gibson began his legal career in San Diego before practicing for years in London, England. Today, he has offices in Rancho Mirage and Palm Desert, Newport Beach, and the firm’s Of Counsel office is in Carlsbad, San Diego.Mr. Gibson’s firm practices law in a wide variety of areas of law including education law throughout Southern California from San Diego, Orange County, Irvine, Anaheim, Huntington Beach, Santa Ana, Ontario, Rancho Cucamonga, La Jolla, Temecula, Buena Park, Riverside, San Bernardino, Indio, Chula Vista, Escondido, Costa Mesa, Laguna Beach, Santa Monica, Santa Barbara, Ventura, Oxnard, San Luis Obispo, Indian Wells, Fullerton, Orange, Palm Springs, Palm Desert, and Newport Beach to Carlsbad.

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A Safe Harbor for Educational Use of Copyrighted Works. The Teach Act

Use of copyrighted works for educational purposes is addressed in a broad sense in Section 107 of the Copyright Act which identifies a “fair use” defense to copyright infringement. Establishment of a “fair use” defense is a fact intensive effort that must be tailored to each individual situation. For example, Section 107 of the Copyright Act requires careful case specific consideration of:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 
(2) the nature of the copyrighted work; 
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 
(4) the effect of the use upon the potential market for or value of the copyrighted work.Rather than having to undertake such a fact intensive effort to defend copyright infringement, Section 110(a) of the Copyright Act promulgates a long standing “safe harbor” provision which allows the performance or display of a copyrighted work “by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom.”3While Section 110(a) provides a “safe harbor” for use of copyrighted works in a face-to-face classroom setting, until the TEACH Act was codified in 2002, the law was not clear regarding use of such works in distance education settings. As a result, educators who used copyrighted works in distance education format risked infringement and/or had to rely on the fact intensive “fair use” defense, because such an educational format could be viewed as not being a face-to-face classroom setting. 

 Fortunately, Congress enacted the TEACH Act4 (Section 110(2) of the Copyright Act), extending the “safe-harbor” provisions to distance education. Thus, rather than relying on the fair-use defense to copyright infringement, the TEACH Act can be implemented in a checklist type manner. Such a checklist should address all of the TEACH Act requirements including whether: 

1) the institution is a nonprofit accredited educational institution; 
2) the copyrighted materials are directly relevant to the course; 
3) whether controls are in place to limit access to only those students enrolled in the course; 
4) only reasonable and limited parts of dramatic literary, musical, or audiovisual works are utilized; and 
5) controls are in place to limit the students' ability to retain or further distribute the materials. In addition, the checklist should address provisions of the Digital Millennium Copyright Act5 to ensure that the prohibition on use of encryption circumvention methods and devices is complied with.Compliance with the “safe-harbor” provisions of the TEACH Act, for example by developing a comprehensive checklist that is consistent with the Copyright Act, should be implemented to ensure that educators who offer distance education programs are protected from the rough waters that could be encountered through copyright infringement actions.

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Hiring an Attorney to Enforce a Child’s Special Education Rights Website By Law Office of Laurence J. Brock, California

Due Process Complaint You have the right to file a due process complaint which will lead to a hearing before a designated officer. Similar to a courtroom proceeding, but less costly and more time efficient, the purpose of the hearing is to determine whether your child has had access to the correct educational opportunities. 

 You do not have to go before a hearing officer alone. Instead, we can represent you during the hearing and ensure that your case is presented fully and accurately.Be Specific in the Complaint We can assist you in preparing your specific complaint. It is critical that you are able to clearly articulate your complaint in the fullest detail possible, including what led you to this point. Everything you submit will be read by the hearing officer, and we will make certain that nothing is omitted.Prepare for Your Hearing Preparing for your hearing involves spending time investigating what happened and gathering the appropriate evidence to prove your case. 

We will need to convince the hearing officer both that your claim is valid and that your child did not receive his or her entitled educational benefits.To prepare, we will need to perform all of the following steps:Gather Evidence 

– Provide any written correspondence you have had with the school, teachers, or administrators. Documentation on test or placement scores, class descriptions, and more can all be used to build a strong case.Speak with Expert Witnesses 

– Your child’s doctor, for example, could be an expert witness, testifying to the reason why your child needs to be part of a special education program. Prove Harm 
– If you are going to seek reimbursements or compensation beyond having your child placed in the appropriate classes, we will need to gather evidence to prove harm or financial loss. 

This may include receipts for a private tutor, the cost of private school tuition you have paid, and anything else related.Options Before the Hearing Just because you file a complaint, it does not necessarily follow that you will end up before a hearing officer. Very often the school or school district will try to settle the case outside of a hearing. 

In this situation, we can pursue mediation where both parties are able to negotiate back and forth without a binding commitment until an agreement has been reached.If both sides do not agree, the hearing will proceed as scheduled. Either way, we will represent and counsel you every step of the process.Covering Expenses If you win, the law allows you to collect financial compensation for the following items: 

Reasonable attorney’s fees Cost of private tutoring or educational expenses In-kind contributions for future educational opportunities You Have Two Years It's critical that you file your claim immediately because there is a two-year statute of limitations on special education cases. If you do not file in a timely fashion, you may be unable to do so or at least be unable to recover any form of reimbursement or compensation.Protecting Your Child An experienced special education attorney can work to ensure that your school district honors the “Stay Put” provision so that your child is not impacted during the dispute process. If your child’s educational rights are not being represented, contact an atto.

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"Robin Hood" Faces Scrutiny Again in 2017 Session in Texas

The Texas Tribune reports that some property-rich districts are facing new challenges related to recapture this year, which means that pressure is mounting on the legislature to make changes to the system when it convenes in 2017."The frustration is particularly rife in the state’s largest school district, Houston, which is making its first-ever “recapture” payment this year because the state now considers it too property-wealthy. 

The obligation — estimated at more than $160 million — drove a $95 million shortfall the district is closing by cutting funding to some campuses, along with administrative and tutoring positions and a controversial teacher bonus program.Officials there are calling for a vigorous lobbying effort, as are those from other large and politically powerful school districts such as Austin, which has seen recapture payments skyrocket over the years amid rapid property value growth and declining student enrollment. 

The state’s sixth-largest district is expecting to send more than $400 million to the state this year." [see https://www.texastribune.org/2016/08/30/rich-schools-hope-houston-topples-robin-hood-plan/]The issue doesn't just affect large districts such as Houston. In fact, the Texas Tribune reports that this year will be the first year that some small districts in the Eagle Ford Shale - which experienced increased revenue during the recent oil boom - will have to make recapture payments. Unfortunately for these districts, the oil money is largely gone, leaving them with even bigger budget shortfalls than ever before.

 While seen as an unfair burden by some wealthy districts, recapture is seen by poorer districts as a vital, if flawed, mechanism to ensure equity in school funding across the state.In a recent column in the TribTalk blog, Ray Freeman, deputy executive director of the Equity Center, argued that recapture is a necessary aspect of the school funding system."[L]et’s just suppose we do away with recapture. In order to do so, the state must either increase the state budget significantly to make up for the loss in revenue — to the tune of $2 billion per year, according to TEA district recapture projections for fiscal year 2017 — or the state would need to come up with other revenue streams. 

Maybe they would decide a statewide property tax is the answer, or perhaps an income tax, or doubling the sales tax. Or maybe the revenue loss would be made up for by reductions in state spending across the board, in transportation, healthcare, water. Or perhaps just public education spending would suffer." [see https://www.tribtalk.org/2016/11/10/eliminating-the-texas-school-finance-stigma/]If the legislature chooses to make major overhauls to the system in the upcoming session, Freeman believes that they may have to look beyond recapture and consider bigger issues."Ultimately, recapture itself is not the problem 

— and never has been," Freeman wrote. "One could argue the state’s overreliance on local property values as a primary funding source for Texas schools is the problem, but as long as that is our system, recapture will be necessary." [see https://www.tribtalk.org/2016/11/10/eliminating-the-texas-school-finance-stigma/]ABOUT THE AUTHOR: Jake PoseyThe Posey Law Firm PC, led by Jake Posey, is a sharply focused government relations and business law firm based in Austin, Texas. 

The firm’s government relations practice advises clients and advocates for the successful development of public policy in the legislative, judicial, and executive branches of Texas government.Representing Fortune 500 companies, respected market leaders, and some of Texas’ leading state associations, Mr. Posey’s mission is to diligently deliver strategic business, political and legal solutions for his clients.

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What Should I Do? The School Is Failing to Implement the IEP for My Child

While many school administrations may fail at correctly implementing these, there are several strategies that have proven effective in solving the issues that have been found by parents with the school. It is important to ensure a peaceful atmosphere when discussing these matters to prevent disruptive emotions from creating further difficulties. 

It is with communication and cooperation that it is usually possible to correct previous concerns with IEPs that children need to learn effectively.Building a Supportive TeamIt is important to advocate for the child through proper channels. When a school is not being compliant with an IEP, it may be necessary to hire an advocate for the IEP and propose legal action. This may be the only route available for some. All information should be copied to the superintendent of the school so he or she is aware of the ongoing issues. 

The affected child should be aware of what is in the IEP so he or she understands what may be requested from teachers. Some parents may need a special-education advocate to observe the youth in class. Initially, it may be most fruitful to contact the IEP teacher. A meeting to discuss the importance of following an IEP may open the eyes of the teacher. If this does not work, his or her director may be needed to sort out the specifics. 

The IEP is a legal document, and the special-education director is usually swift in resolving the matter. Integration in the School To assist in ensuring the child of the parent is taken care of, he or she may need to volunteer and become active in school life. 

This may be through working in the child’s class, observing from a distance or joining programs within the administration. Day-today activities and details of the school should be followed through involvement. If certain actions such as checking off homework must be performed, these should be followed. When the parent is following IEP guidelines, it is easier to explain the important to the teacher. 

This is why leading by example is essential for a child that has certain learning needs.Working with TeachersCommunicating and working with teachers in ensuring services are received every day by the child is imperative. A copy of the IEP should be provided and followed by these teachers. After a few weeks, there should be enough information to understand what may be transpiring. 

Daily tasks are reminders that the IEP must be adhered to so the youth learns at his or her best. An exchange of e-mails may be more beneficial in keeping in touch and touching base with these teachers. It may take time, but after so long the educators may realize that the parents are involved and concerned about the welfare of the young person. 

 Realistic Expectations for the ChildIt is especially important to set realistic expectations for both the parent and the child. If the school is not able to provide the accommodations set forth in the IEP, additional steps may need to be taken. If an adjustment must be made to an existing IEP, it should be done so that the school is capable of providing the services available and possible for the youth. However, if the school is not receptive to ensuring the IEP is followed, there is little that can be done to change things at that particular facility. 

At that point, further action may be necessary.Other OptionsA clear level head and positive thoughts are important to keep when working with administration in schools. Some proposed actions are not received well just because they are not what the school has provided before. However, if the IEP has acceptable and possible tasks and services through the school, a positive attitude may convince others to follow it and ensure the child learns how he or she is capable of doing.If the services are not possible at one school, it may be time to choose another that may ensure the best possible learning environment for the child. When these services in the IEP are reasonable and may be performed by the school but are not, a lawyer may be the best person to contact for a suit against the administration. A consolation may determine this.

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My School Lost Accreditation After I Graduated, Is My Degree Valid?

In numerous situations, it is possible the school may be taken off probation or the warning before additional consequences occur. However, if this is not possible then the school would no longer be among those that are accredited with all that involves.However, even without federal or state financial aid being allocated to the entity from being accredited, some schools still remain open. 

The possibility that students are still enrolled may occur with classes continuing and teachers still being paid. This is not an illegal action, even though no additional funding is received to help the school remain open. Before any further decisions are made on how to proceed, a school should be researched on these processes and how they affect those involved with the school.How Accreditation Loss Affects Graduates If a degree has already been earned by a school, the diploma and education is still valid and legitimate. It is possible that certain employers contacting the school may need an explanation as to what happened.

This is especially important if the college or university is no longer open. However, once a degree plan has been completed, a loss of accreditation does not affect the person seeking employment or career opportunities in any other manner. If the student is seeking additional school such as a master’s degree, he or she would need to seek another institution.Degree Not Earned with Accreditation Loss If the school no longer has accreditation, it is best for the student to transfer to another college or university that does.

 Transfer credits may be accepted in the corresponding classes, but the longer the individual waits to leave the school, the harder it will be to find a college that continues to accept the credits. Some classes may not exist at another university, and only the credit hours transfer with new courses needed to match the degree program. 

It is not recommended to remain at a non-accredited school as financial aid may not be available, and some employers may not recognize the degree as being valid.Effects on Financial Aid When grants, scholarships or loans have been obtained throughout the life of a degree, some of these are still required to be repaid. 

Any repayment depends on how the money was allocated and who it came from. If the federal government supplied the loans, these must be repaid as specified in emails or documentation supplied from the source. Private loans are often through certain companies or financial institutions. These companies are usually in private contact with the student so that monies may be collected by the person after school has been finished or the grace period runs out. 

No matter if the school retains or loses accreditation, the loans and grants that require payments must be settled with the sources of these funds.Effects on Future Employment While a degree earned and diploma received from a college or university that is no longer accredited may not seem appealing to the student, it is a valid document showing coursework completed. 

A short explanation may be necessary to management or the employer, but the degree is still legitimate as long as it was received before the school lost accreditation. A new degree may be attempted, but many may find financial aid exhausted before this may be completed. However, the effect on the graduate may be minimal unless the subject is broached or the school cannot be contacted for verification of the degree. 

Usually after the situation has been explained, the employer is still willing to hire any persons that meet minimal requirements for job duties.Additional Assistance It is important to ensure that student loans and grants that require repayment are kept up to date. In order to do this the graduate should contact the sources of these funds. However, if matters are unclear or there is additional assistance needed, an education lawyer should be hired to ensure the matter is resolved or has a remedy available. These professionals work to ensure the former student’s rights are protected.

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What Is Post-Secondary Child Support?

What Is Post-Secondary Child Support?The expenses covered usually include room and board, the tuition and a meal plan. This means that the young person is not required to obtain loans in addition to grants and scholarships to ensure that the degree and courses are paid for during his or her stay at the university or post-secondary educational school.In order for post-secondary support to be applied to a child, there are two possible ways to determine this. 

When an experienced and knowledgeable lawyer is used to assist with the divorce proceedings and custody arrangements, it is possible to receive or agree upon additional support for the child’s college or other educational expenses. 

These may be divided between the parents, or it may be allocated through a divorce settlement as has been noted and entered into the court judgment. If it is not agreed between the spouses for the youth, it may be ordered by the court so that the parent paying child support must also keep paying for additional education after High School. 

 Post-Secondary Support TypesWhen both the husband and wife have a peaceful relationship at the end of the marriage, it may be determined that secondary education support payments may be made by one or both of the parties to ensure the youth is given the opportunity to seek a degree, a trade or a skill. However, some state laws have been implemented that permit the courts to order the parent providing monetary support to continue to do so for the young person so that he or she has money to go to college or another post-secondary school. 

This could be advisory or binding depending on the judge presiding and the state with the laws.There are many factors that the courts will consider when determining if post-secondary education should be provided for by the parent or parents of the child. However, many of these cases exist where one individual is asking the other for support through a request. 

This would mean that help is asked for and, in many situations, it is granted if the ex-spouse has the funds and the drive to do so for the youth. If the court is involved, the judge will step in and examine the circumstances such as the dependence and need of the young person, if living expenses are relied upon by one parent, necessities and similar concerns. 

If the mother or father is taking on the majority of the costs, the court may order the other to provide post-secondary educational expenses.Factors Considered by the CourtCertain factors are more important than others, but they all add up to encourage the judge to make a decision about the request for continued child support for post-secondary education. 

These would include the age the child is at the time of the request, his or her financial needs, what expectations or plans the parents both have for this education when they marriage was intact and similar matters. The abilities, disabilities and desires of the young person are taken into account as well. The amount of support may be determined by the type of education that is being sought by the child, the different backgrounds in education of the parents, the youth’s living conditions with his or her custodial parent and what resources are available. 

One last factor may be important in swaying the judge in how much support the child would have had if the marriage remained and the parents were still together.Obligations and Legal AssistanceIn order for support to go through or to continue, the child must be enrolled in good academic standing in an accredited school with an active drive to reach career goals. 

Both parents must be provided access to records, grades and any issues that occur. Additionally, some children are only permitted to receive this support until a certain age. In one state, this is 23, in another it may be 21, but even if schooling has not been completed by this time, there are no more obligated payments provided.When one parent cannot provide for school due to being a single mother or father, a lawyer is usually hired to assist with these matters. While conditions may change, an experienced legal representative may assist in ensuring the best possible outcomes to a case.

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