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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38107
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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8 months ago I started a Special Education Credential Program

Resolved Question:

8 months ago I started a Special Education Credential Program at a University because 2 of their advisors said I could get the credential and teach at the preschool level. All I would need is to do an add on authorization at the end of my program. I filled out and turned in the Internship Application packet. I turned this in in October to my advisor. I got hired on at the school I was at in December because the Internship Credential was in the works. I was put off repeatedly in getting my Internship Interview until January 2013. I also received an email that I needed to complete an application in January. I called to see what had happened and found out I had a new advisor and she didn't have a record of anything I turned in. I filled it all out again. I even forwarded her the email I had originally sent in October with everything attached. With all of my requirements for the internship satisfied I was just waiting for it and I assured my HR Dept. it was all done. In March I was then told that I needed to have the HR Dept. fill out certain pieces of the paperwork again so the dates were more recent. I also needed to do an Internship Interview. When I told them I already had, they didn't know about it and said it was invalid. The guy I interviewed with was not suppose to do those. In April I had a phone Interview with a Credential Advisor. All went well and my Internship would be moved forward. A week later I hear from my advisor that my internship was denied because I teach preschool and the Credential Program I am in is K-12. For the next month we work to make my position in the class I have work for the Internship Credential. She turns the paperwork again. She assured me all the requirements are satisfied, the Dean has said ok, everyone is on board. I wait and follow up repeatedly because my HR Dept. NEEDS the credential to be in compliance. 2 weeks ago I was told that the paperwork is on the Dean's desk but this signature is just a formality. I wait and follow up repeatedly. My Advisor keeps telling me it's just waiting for her signature and then it'll all be done. Today I was notified that the application for the Internship Credential was denied because I was in a preschool class. I only attended this University because I was assured the preschool component would be NO problem. I was put off for months and then made to do the entire application process over. I am thousands of dollars in debt because each class is $1674. And I lost my job because I don't have a credential to teach. Since this was all supposed to be taken care of and ready to go, I let my primary Teaching Credential expire because I was advised that with the Internship Credential I would be fine and as a full time teacher with the district I would be able to clear both of my credentials at the same time with and teacher training program that lasts 2 years. I am enrolled to start that in August. I have no job to go back to, no credential to even teach regular education and no savings or anything because of the tuition. The school district pays for part of the program, but I can't get reimbursed until my Internship Credential is in place. This has all been a nightmare and caused many issues outside of this as well. Please let me know what I can do.
~Kristin Pascual
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question, Kristin. I am sorry that you are in this situation.

My apologies on asking this, but do you have anything in writing that would state that this requirement that is being waived would ineed be no problem and that they school promises that it would be waived for you? Not just that they will waive it, but that they promise it is not a condition to your internship?
Customer: replied 1 year ago.
I don't have anything from the preliminary talks because I was doing all of this on the phone. I was stupid enough to take their words for it since 2 different Advisors told me it wouldn't be a problem. I have emails and voicemails telling me the internship was on the way and the Dean's signature was just a formality
Expert:  Dimitry K., Esq. replied 1 year ago.

Kristin,

Formality or not, that signature was material (significant) to your program. If you have nothing in writing, as unfair as it sounds, you cannot compel them to grant you this internship since they can turn out and claim both that their real conditions were expressly posted, that you were aware of them, and that you were aware that obtaining this signature would be an exception at their express discretion and not a guarantee. I am not trying to defend them, please understand that, I am simply seeing them have a stronger claim here as there is nothing in writing on your end to prove that they had to agree rather than they had the flexibility to analyze and then make a decision. If you can find something in writing, even an email, which would collaborate your position, then you would have grounds to claim that you 'detrimentally relied' upon their promise, and that you are entitled to this internship. But without anything in writing, it would not be reasonable to rely on their word as there would not be a formal actionable contract in pace.

Hope that helps and please let me know if I can assist further.

Customer: replied 1 year ago.
I sent more information pertaining to this question. Did you get it?
This was in an email between me and one of my original Advisors:

I did not return the Student Teaching Placement Form because I am interested in an Internship through the Livermore Valley Joint Unified School District where I am currently employed. As I mentioned in our conversation, I am currently a long term sub in a Mod/Sev Special Ed Preschool Class and want to stay there.
Expert:  Dimitry K., Esq. replied 1 year ago.

Kristin, I did not. Could you repost please?


As for your emails, there has to be something from them (not from you) which expressly states that this issue is resolved or they will not just evaluate it but will grant it. Sending emails that you sent to them is not the same, they have to show an admission on their end that they agreed and they will grant you this exception.

Good luck.

Customer: replied 1 year ago.
Even though I have this:

Sent: Monday, June 03, 2013 9:07 AM
To: XXXXX XXXXX
Subject: Re: Proof for HR Department

Hi Kristin,
Everything will be just fine. I have spoken with the Dean and just need to formalize it. Have no worries.
Carolyn

Carolyn Nichols
Sent from my iPad
Expert:  Dimitry K., Esq. replied 1 year ago.

Kristin,

That is not quite enough. "Everything will be just fine" is just a statement, and that she spoke to the Dean about formalizing does not mean he agreed to the change, merely to the formality. I do realize this is parsing words, but this is what it comes down to. There is still nothing expressly stated that shows that they will make the change, simply that it will go on the Dean's desk for review is not sufficient.

I am sorry.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38107
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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