Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Education Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Pennsylvania on
Q: What can I do if my child was hit by a school employee?

A few kids were hit with a dustpan by a teacher. The principal did an investigation but I don't know what the outcome was. I called the school district and was told someone would contact me in 24-72 hours, this was 4 days ago.

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2018

Technically that was a battery. However assuming that the physical injuries are relatively minor, depending on what was going on jurors may not be too impressed. A good starting place is the Education Law Center in Phialdelphia.

2 Answers | Asked in Education Law and Juvenile Law for Pennsylvania on
Q: What kind of lawyer will help me if we believe our child is Gifted but we do not agree with his school's assessment?

We believe he is Gifted, however we do not agree with the explanations that the pyschologist and teachers are giving us

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

Contact the Education Law Center in Philadelphia & Harrisburg.Generally, you request an IEP. If the assessment you refer to was the IEP, your IEP should tell you about your appeal rights. In the meantime, there are programs such as the Center For Talented Youth that have advice in general.

View More Answers

1 Answer | Asked in Education Law for Pennsylvania on
Q: Is the school right for reporting my daughter for truancy being 2 or 3 minutes late every other day with no absences?

She has no illegal absences only 4 excused absences. Also the school is threatening to take legal action.

Jennifer Price
Jennifer Price
answered on Jan 2, 2018

Generally, schools define "absence" as including not being physically present AND being late after a certain number of days. All schools are different, but many schools will use consistent tardies as being absent. If your child is consistently tardy (even by a few minutes), then, yes,... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Do I need to change my child’s school? Which school should he be enrolled in? Confusing situation.

I have a situation that I thought would be pretty easy to figure out, turns out I cannot find any information closely related to my situation at all.

Long story short, here are the basics:

I have been renting a home in PA for the last few years. My child attends an elementary... View More

Jennifer Price
Jennifer Price
answered on Jan 2, 2018

It depends. In theory, he should be enrolled in the school where you, as parent/guardian lives. Since your living situation is temporary, however, he could probably remain in the school district he's in. There are many circumstances that could affect the decision as to whether you're a... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: My ten year old son says his teacher is telling students to pray in between class periods. Does this violate a law and

who should I complain to? I want this to be stopped.

Jennifer Price
Jennifer Price
answered on Jan 2, 2018

It depends on the context in which the information is given. If the teacher is telling students this as a suggestion or an option of something they can do, it more than likely would not violate any laws. If the teacher is requiring or mandating students to pray, then the teacher would probably in... View More

1 Answer | Asked in Education Law, Child Custody and Juvenile Law for Pennsylvania on
Q: A 13-year-old student had threatened to bomb my school. What are the possible consequences for his actions?
Kathryn Hilbush
Kathryn Hilbush
answered on Dec 16, 2017

That's up to the District Attorney's Office.

1 Answer | Asked in Education Law and Family Law for Pennsylvania on
Q: Does my daughters father have a say in what school she goes to when she lives with me?

I have a 2 year old daughter that lives with me and even though she's not old enough for school yet her father keeps saying she won't be going to the school closest to me. There is no custody arrangement her father just gets her when he wants to. So I want to know if he has a say in what... View More

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 1, 2017

Unless one parent has been awarded sole legal custody, both parents share legal custody of their children. Legal custody is the right to make important decisions that impact children regarding education, religion, and medical care. Thus you both have say in where your daughter attends... View More

1 Answer | Asked in Education Law and Juvenile Law for Pennsylvania on
Q: My son made a comment after a girl student bumped into him and touched his private area. He said don't touch my genitals

He got 1 day OSS for sexual harassment. How is this sexual harassment when he said Dont or stop?

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

It isn't. He can appeal or ask to have his record corrected. Contact the Education Law Center in Philadelphia for mroe information.

1 Answer | Asked in Education Law for Pennsylvania on
Q: What is the process of dropping out of highschool and getting my GED in pa?

I am 16, I know I'll need parental consent and I do have a job. I just want to know how you go about dropping out. Who all do you have to go through, what kind of paperwork needs to be done, and how long the process takes?

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

You should talk to your guidance counselor. You will have to take GED classes and then take the exam.

1 Answer | Asked in Collections and Education Law for Pennsylvania on
Q: How to settle a dispute about a debt with a college which was incurred due to a very difficult family situation.

24 yr old community college student signed up for 4 online courses, but because of long-term terrible problems living with mother & father had to leave the family home to find an apartment. Thus she withdrew from school, but was not entitled to any refund. She received no instructional... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Contact the Education Law Center in Philadelphia. They generally don't deal with college issues but may, and can suggest who you should contact.

1 Answer | Asked in Education Law for Pennsylvania on
Q: My son's FERPA rights were violated. School lawyers wants to meet. Can I request to meet with just him and record it?

Past meetings with the Principal, Superintendant and School board were a waste of time. Lots of denials despite them knowing the truth. We finally received his school records which document the Violations, being out of compliance with 504 accomendations and the nurse admitted to making him take a... View More

Jennifer Price
Jennifer Price
answered on Oct 10, 2017

In Pennsylvania they would have to consent to the recording. If the school is bringing their lawyer, you should have yours. Otherwise, after the meeting, do a follow up email with all the people in the meeting included in the email, confirming everything that was stated and agreed upon. This will... View More

1 Answer | Asked in Education Law and Criminal Law for Pennsylvania on
Q: My son was sucker punched in the head, and avoided 3 more hits. It was in school. Is this assault?

We are being told that this is harassment as they can't meet the burden of truth for assault.

Jennifer Price
Jennifer Price
answered on Oct 7, 2017

Yes, this would be assault. Assault is when someone either attempts to cause or actually causes bodily injury. Sometimes, a person can be charged with assault and then the prosecutor will reduce the charge down to harassment but to answer your question, yes, this would be an assault. As far as... View More

1 Answer | Asked in Child Custody, Divorce, Education Law and Family Law for Pennsylvania on
Q: Can a 17 and 15 year old choose to cyber school with the support of the custodial parent (mother) and not of the father?

joint legal custody agreement, lives with mother all of life, father works a lot

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 29, 2017

The children don't make the decisions - the parents do. Since the parents share legal custody, they're supposed to make the decision together. If they can't agree, then one of them is going to have to ask the court to make the decision for the family.

1 Answer | Asked in Criminal Law, Education Law and Employment Law for Pennsylvania on
Q: Is my school district obligated to pay me back salary after charges are dropped or amended?
Dawn Padanyi
Dawn Padanyi
answered on Aug 23, 2017

Just based on your question along, it doesn't appear that you were performing any work for the school during your leave warranting compensation. If you have an employment contract, look to that document to see if it lays out any reason that an employee would be paid while on leave, perhaps... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Title1 services = identification to qualify for special education services ?

If a student is referred to and receives Title 1 services is that student then considered having been identified for the purpose of qualifying for special education services?

Jennifer Price
Jennifer Price
answered on Feb 15, 2017

No. If a student is receiving Title 1 services, that means they may be at risk of failing, which could affect the Title 1 money the school receives from the federal government. In order for a child to be identified as qualifying for special education services, a school would have to notify the... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can a teacher make grade adjustments for student behavior?

My child has a Phys Ed teacher that seems to not like my child. For example, my child is in the gym for 10 minutes before the teacher appears, but is marked tardy and has points deducted for the day because they are not standing in the correct spot and is not informed of the tardy or deduction--we... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 20, 2017

Unfortunately a lot of phys ed grading is preferential. If he is talented the instructor may expect him to be a class leader in performance, may not feel he's givingi it 100%. If he's a 46sec 1/4 mile and consistently did 56 mins in PE, that type of thing.

1 Answer | Asked in Education Law and Public Benefits for Pennsylvania on
Q: Do I need a lawyer for a school board hearing to expel my 16 year old son?

He is being charged with distribution of a controlled substance because he sent a text message asking another student about money he had owed. The principal said the messages do not say what it is for but after he took my son in a room and questioned him that my son confessed and wrote a statement... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 28, 2016

Contact the education law center in philadelphia.They have "cooperating attorneys" who know Pennsylvania Education law. Worth having legal counsel if they are looking for expulsion. In the meantime very important your son doesn't say anything on text, social media, in the hallway,... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can a student b denied 2b valedictorian because he hasn't attend that high school for 4 years? Is this discrimination?

I was told by my sons school college counselor that he can't even be considered to be valedictorian because he didn't come to the school as a freshman....even though he has the highest GPA in his school. She said it wouldn't be fair to the other students who have attended the school... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2016

Check with the board of education. Generally, charter schools can have their own rules, even if they mess with transfers.

You have the option of stay or leave. I would suggest if come college application time he is still #1, they should consider making him adjunt valedictorian or some other...
View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: my son got 1of 2 rule sheets signed. He now has an "f" 50% & must miss a sports. Can he fail for noncuricular item?

We have 3 boys and 8 classes each. We missed a paper. Teacher refuses late work, have him a 1 out of 2 , 50% grade and made him ineligible for sports. Really?! For not having a rule sheet signed? This is not a curriculum!!!

Peter N. Munsing
Peter N. Munsing
answered on Sep 2, 2016

Not sure what a rule sheet is. Depending on age, a court might say that this is a valuable lesson that it's on the kids to keep track of their assignments, not you, and the best way is to sanction THEM when they don't. However best source for any remedy would be the Education Law Center... View More

1 Answer | Asked in Education Law and Contracts for Pennsylvania on
Q: Required equipment for attendance into private professional school

Student is required to buy a macbook pro with certain characteristics. We decided to buy one in advance for our sun and suddenly realized that they changed their requirements for this year. Information that requirement are changed annually and when was not available neither on school's website... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 12, 2016

Not much--the school should allow it, but they can change and you can decide not to go there. However if it's a for profit college now is a good time to rethink.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.