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Questions Answered by Jennifer Price

1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on

Q: What are the consequences for a school that begins to promote a specific religion?

Jennifer Price answered on Apr 19, 2018

It depends on the type of school. There can be significant consequences if this is a public school.

2 Answers | Asked in Entertainment / Sports, Communications Law and Libel & Slander for Pennsylvania on

Q: Can you tell a true story on a podcast, change names and locations and it be legal? Can a teacher do this?

Is this libel if names are not used and locations are not mentioned? What defines Libel?

Jennifer Price answered on Apr 19, 2018

As an initial matter, libel consists of the written word, whereas slander is the spoken word. Whether its' libel or slander, they require the information to be false. The defense to a libel or slander lawsuit is the truth. To answer your other question, yes, you can tell stories of people by... Read more »

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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 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, the school... Read 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... Read more »

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 resident... Read 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 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... Read more »

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... Read more »

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... Read 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 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... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on

Q: This kid has been harrassing me everyday in school, I have cried i have left him alone I've done everything he wont stop

My school has spoken to him but thats all they do. I want to press charges on him for this. But I dont know how to. Can you help

Jennifer Price answered on Feb 15, 2017

In order to press charges, you need to call the police or go to the police station.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: With this charge is it still possible to get granted a concealed carry permit??

I have a charge of accidents involving personal injury or death in the state of Pennsylvania any help is appreciated

Jennifer Price answered on Feb 15, 2017

You would be prohibited from getting a conceal/carry permit. That charge has a grading that ranges from Misdemeanor 1 to a Felony 3, depending on the injuries. Based on federal law, if convicted, you would have committed an "unlawful act," since it's punishable by more than one year.... Read 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 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... Read more »

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