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Questions Answered by Kevin Shields

1 Answer | Asked in Education Law for Virginia on

Q: My son is autistic and in the special needs program at his elementary school. Can I have a say in making modifications

to his education program if I don't think it's meeting his needs?

Kevin Shields answered on Jul 29, 2017

Yes, absolutely. As the parent, you are a member of any group that meets to decide services or placement for your son.

The law is clear regarding parent participation in meetings:

The parents of a child with a disability must be afforded an opportunity to participate in meetings...
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1 Answer | Asked in Constitutional Law, Criminal Law, Education Law and Juvenile Law for Arkansas on

Q: Do the parents of the minor have to be present when the minor makes a verbal /written statement to school & local police

Kevin Shields answered on Apr 6, 2017

Parents need not be present while school officials are asking questions of a student in most cases. However, if the questioning was by the police or your child was in police custody, constitutional protections may be triggered. You may want to consult a local criminal lawyer about the specific... Read more »

1 Answer | Asked in Education Law, Criminal Law and Juvenile Law for Georgia on

Q: I got a ticket for possession of alcohol on school grounds but I only had a bottle that smelled like beer

What can happen when I go to court? I'm on probation for reckless driving too

Kevin Shields answered on Apr 6, 2017

While you were at a school, this is more of a criminal law question and are likely being charged under your state's criminal code. Once your case goes to court, you can present whatever evidence you have during a trial. It may be helpful to contact a local criminal lawyer about your individual... Read more »

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Ohio on

Q: My 16 year old is having charges pressed on him by the school for unruly. She I obtain a Lawyer when we got to court?

Not listening and so fourth.

I believe it stems from underlying issues which the school fails to address. Such as depression. But, no one (school counselor or principal ) have tried to speak with him without yelling, and calling me and suspending him. This concerns me.

Kevin Shields answered on Apr 6, 2017

You should obtain a lawyer prior to going to court for any criminal matter. A local criminal lawyer will be able to tell you the strength of school's case and how best to handle. The earlier you contact the lawyer before court, the better.

You may also want to reach out to a special...
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1 Answer | Asked in Civil Rights and Education Law for Michigan on

Q: I have a 12 year old who is cognitive impaired who is being treated unfairly by the principal,staff

How can I build a case against the Detroit public school system regarding my son. He is cognitive impaired (mentally disabled) since he was under 5. He was sent home with black eyes ,bruised face, with feces still on him etc I have pictures emails where I met with people from department of... Read more »

Kevin Shields answered on Mar 30, 2017

You need to contact a special education attorney in Detroit. I can not recommend one but you can search online for a number of options. Your child has a right to an appropriate education. It does not sound like the school is living up to that promise. Students with disabilities are protected under... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Arkansas on

Q: Do the parents of a minor need be present if minor gives a verbal/written statement to school & local police officers

Kevin Shields answered on Mar 30, 2017

You should consult an education or criminal lawyer to discuss the specific details of your case. The answer to your question will depend on who did the questioning, how the questioning was conducted, whether the minor was in custody and the minor's mental capacity. The safeguards in place for a... Read more »

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