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Im 63, with a 112k student loan debt accumulated mostly in…

Im 63, with a...

Im 63, with a 112k student loan debt accumulated mostly in an MAT initial certification program at SUNY Binghamton. I was removed from the MAT program 2 years ago because it was deemed that I did not have the "disposition" to teach. I had completed the coursework satisfactorly and was about to do the last 8 credits of student teaching. Now, I am not certified and I only have an MS Education Studies degree., 2016. I have a BA MA ADB Fordham, MBA Iona, 22 years adjuncting experience, 12 at SUNY Purchase, and am a certified Teaching Assistant with Syracuse City School District and I now pay $1300/mo to Navient. I want to be certified to be able to pay my debts.

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wrote a paper for the educational history professor, about how the Federal Reserve was established in 1913 that infuriated the her.

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Customer reply replied 11 months ago
im just thinking, that this is a case of fraud. I took out the loan with end being certification, and then told very late in the game, I could not be certified. Of course, there is no obvious justification for this since I was never evaluated for teaching ability in the student teaching course, the final course of the program that evaluates students. And I am not a criminal nor am I incompetent. I have been teaching people for decades, 22 college years teaching, 5 Catholic HS years and 2 as a teaching assistant.
Customer reply replied 11 months ago
The paper on the Fed spun off of Judge Napolitano's book, and it looked to primary sources for justification of the fact that the Fed is a very private bank, established to serve private banks' interests. The primary sources were the Congressional Records, The Federal Reserve Act, diaries and Newspaper reports, etc. that all verified the Judge's statements. It is not pro Obama irregardless of my own political views, it was of interest to me because I had taught Money and Banking.
Customer reply replied 11 months ago
I want to sue Professors Birch and Laats (the judges of my disposition) as well as the University for fraud. Can I?
Answered in 36 minutes by:
8/15/2017
Law Educator, Esq.
Category: Education Law
Satisfied Customers: 125,859
Experience: Attorney handling education matters.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your claim should be against SUNY for removing you from the program claiming you do not have the disposition to teach, since you successfully passed everything. You would have to pursue readmission through the dean. You could seek to pursue the school for breach of contract for removing you from the program for no good cause and that is where you would seek your recourse. You would sue for breach of contract not necessarily fraud as you have not posted enough above to justify fraud at this point.
As far as the student loans, if you were removed from the program allegedly for your fault not having the "disposition" to teach, you are still liable for the loans.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 11 months ago
thank you. this is civil litigation only then but can I possibly get reimbursed for lost salary since then?
Customer reply replied 11 months ago
no, but I would like to have some idea of how to keep the cost of a suit down to a couple of thousand dollars. is there anything probono about this if I sign over any gains through suit to the lawyer? or is it just not worth it to any lawyer? that would be my last question, to ask your opinion of proceeding with a suit if I do not get a remedy through re-admission?
Customer reply replied 11 months ago
Funny, my time would be better served by getting admission to the NY bar i think rather than seeking readmission. Legal revenge must be a sweet feeling.
Thank you for your reply.
You could get reimbursed for the costs of the loans you incurred paying for their services since they breached the contract with you.
There is nothing pro bono for this, but it is possible an attorney will agree to take the case for a contingency fee basis, meaning they will take a percentage of what you collect on the suit. You can seek all money damages you incurred, not just lost wages, but cost of tuition.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 11 months ago
Holy Moley! what a great set of answers, well worth the initial costs. Thank you very much. If you know someone who could take this breach of contract case when I am ready, please connect them to me. I may have access to a bit more money....... You're beautiful.
Thank you for your reply. You have not paid anything yet, just left a deposit. The expert gets nothing until the customer leaves positive feedback.
We are not allowed to make personal referrals to customers on this site, it is forbidden by state laws and by site rules. The best we can so is suggest the same sites used by other attorneys, http://www.hg.org or http://www.superlawyers.com
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Education Law
Satisfied Customers: 125,859
Experience: Attorney handling education matters.
Verified
Law Educator, Esq. and 87 other Education Law Specialists are ready to help you
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Customer reply replied 11 months ago
but in drafting a letter, accusing the university of breach of contract, what is the source of this breach of contract in NYS law. and do I send the letter requesting readmission to the Provost and cc Dean of Education or to Dean of Graduate Admissions? do I cc a lawyer?

Thank you for your reply.

An agreement with a school to provide education to you is based in contract as a "quasi-contract" meaning one that is not explicitly written out, but one that is implied through the student handbook and policies with you. It is common law breach of contract, not statutory.

You send the letter for readmission to the Dean of Graduate Admissions, with copies to the Provost and Dean of Education. Sending a copy to a lawyer does not help much unless you actually hire an attorney to send the letter.

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