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Indiana Education Law Questions & Answers
1 Answer | Asked in Education Law for Indiana on
Q: I am a teacher Special Education Teacher in Indiana

I am a teacher Special Education Teacher in Indiana I was punched in the back of the head by a student and now they have deemed I have a Permanent Injury. The school corporation failed to be in compliance with the classroom IEP's. The classroom should have had 3 staff members in the room in... Read more »

Kimberly Winslow
Kimberly Winslow answered on Dec 9, 2020

I would definitely recommend following up with an attorney in Indiana. Depending on the facts, you could have a tort claim against the school for negligence. In MA there is a liability cap of $100,000, and strict procedures that must be followed to put the school on notice. Good luck!

1 Answer | Asked in Education Law for Indiana on
Q: If the public school refuses accommodations for my child's 504 plan, what can be done?

My daughter attends public school in Indiana and has a 504 due to a learning disability. We need to add more accommodations but the school is giving push back saying they don't have the staffing or resources necessary. I argue they are necessary and must be done. What happens now? What can I... Read more »

Kimberly Winslow
Kimberly Winslow answered on Dec 3, 2020

I would recommend contacting the Office of Civil Rights (OCR). 504 requires school districts to provide appropriate education services that meet the individual needs of the student to equal the way the needs of students do not have disabilities are met. You may additionally have recourse through... Read more »

1 Answer | Asked in Education Law for Indiana on
Q: For children whose parents don't want them to return to the classroom this fall, the school is offering online learning.

However, those who choose this option are denied access to extracurricular activities. Is there a legal remedy for this?

Joel D. Hand
Joel D. Hand answered on Jul 1, 2020

The short answer is, probably not. Extra curricular activities are not considered to be a part of a student's right to a public K-12 education. It is my understanding that the Indiana High School Athletic Association (IHSAA) changed its guidance this last Friday to allow for a case-by-case... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for Indiana on
Q: I spent 5th grade with my mouth literally taped shut using 2” masking tape.

With I’m sure toxic glue as it was the 90’s, while the teacher encouraged the class to mock and make fun of me. I want to sue Demotte Elementary School, which is Kankakee Valley School Corp., I’m dead serious and will find representation somewhere. Most of those classmates are still residing... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 26, 2020

It would be best for an Indiana attorney to advise, but you await a response for four weeks. You ask about what type of lawyer? A personal injury lawyer, preferably one with insight into the education system. But you are looking at a very formidable challenge in terms of the timeline here. I'm... Read more »

1 Answer | Asked in Family Law, Child Custody and Education Law for Indiana on
Q: Get dcs out of our life bc 5yr old missed to much school bc sick, in Indiana not mandatory for kids under 7 to attend

My 5 year old is enrolled in kindergarten and missed 14 days over the course of 3 months of school due to being sick but wasnt sick enough that it required me to take him to the doctors so I didnt get doctor notes for those days. The school has to report to dcs if a child misses more than 10... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 21, 2020

Based on your question you can't drop the case and request DCS leave you alone. Once a report is made they investigate and go from there.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Indiana on
Q: feb 2009 Indiana I was charged voluntary man slaughter n2013 stand ur ground was passed can I get my felony removed ??

I was attacked the guy swung I swung back hitting him 3x he later died from heart complications I was charged with voluntary man slaughter the guy was 6’3 330 I’m 5’10 150. I was only protecting myself from him is there anyway I can get the felony dropped because in 2013 stand ur ground was... Read more »

Paul Stanko
Paul Stanko answered on Mar 11, 2019

Stand your Ground does not apply retroactively.

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1 Answer | Asked in Criminal Law, Employment Law and Education Law for Indiana on
Q: If I have an expunged misdemeanor, do I need to say yes for the question, "have you been convicted of a misdemeanor" ?

I am applying for my teacher's license in the state of Indiana. About a year ago, I committed a misdemeanor for minor theft. I have expunged it by a lawyer and served community service time at the Salvation Army. I am now applying for my teacher's license. It asks me if I have ever been... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 8, 2018

If the case is truly expunged and no just dismissed then you do not need to tell anyone about your case with limited exceptions. You may want to check to confirm your case has truly been expunged.

1 Answer | Asked in Education Law and Personal Injury for Indiana on
Q: can a school district be held liable for injuries suffered by a student off of school premises or after hours
Chase T Wilson
Chase T Wilson answered on Oct 24, 2017

In some situations, yes. More information would need to be acquired to know if your situation is one of those.

1 Answer | Asked in Education Law and Constitutional Law for Indiana on
Q: Can the school force us to stand during the pledge of allegiance?

Due to recent events with the election and Trump winning, students have chosen to peacefully protest by sitting down during the pledge of allegiance. Today, 11/10, the vice principal came inside my classroom after the pledge of allegiance and stated that we will stand during the pledge and if we... Read more »

Paul Stanko
Paul Stanko answered on Apr 16, 2017

The Vice Principal should discuss his policy with the school attorney. If you do get "written up", consult an attorney. While it seems futile to protest the election after the fact, that does not deprive you of the right to peacefully express yourself politically.

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Indiana on
Q: What can be done about my son feeling intimidated and anxious by a teacher that violated another students rights?

The teacher stopped the class and berated a student for not reciting the Pledge of Allegiance for about 20 min. Then punished him by not allowing him to participate in class. My husband was raised as a Jehovah's Witness. My son feels like he must say it or be ridiculed. It caused anxiety along... Read more »

Paul Stanko
Paul Stanko answered on Apr 16, 2017

If you have complaints about a public school teacher, take it up with the school board.

1 Answer | Asked in Education Law, Collections and Consumer Law for Indiana on
Q: I recently had to withdraw from school due to not being able to pay for it.

Before I withdrew from school, the college wanted me to stay so they offered to let me do the online adult program. Two weeks before I was to do the online program, they called and said they weren't going to allow me to do it because my advisor didn't want me to. They waited until the... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 14, 2017

No, you are the hook for your student loans even if you did not complete your degree. You aren't paying the school at this point you are paying the loan provider. The school already got their money. If payment is an issue you can work with your student loan provider to get onto an income based... Read more »

1 Answer | Asked in Business Law and Education Law for Indiana on
Q: Hello I am doing a project about free college tuition. Can you help me find any statutes, etc. in regards to my topic.

Any state statute or nation wide law would help!

Paul Stanko
Paul Stanko answered on Oct 27, 2016

There is no "right" to free college tuition in Indiana, or under the US Constitution. I can't speak to other states.

1 Answer | Asked in Education Law for Indiana on
Q: My back ground history has some misdomenors does my charges effort for my work history for the decions to go to school
Terrence Rubino
Terrence Rubino answered on Jul 5, 2011

the misdemeanors in your background may or may not affect whether an employer hires you. alot depends on what those misdemeanors are, how long ago, what the job is that you are appying for and importantly the present skills and work ethic you now offer. for example, a truck company that is hiring a... Read more »

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