Questions Answered by Jennifer Price

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

1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on
Answered on Apr 19, 2018
Jennifer Price's answer
It depends on the type of school. There can be significant consequences if this is a public school.

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

2 Answers | Asked in Entertainment / Sports, Communications Law and Libel & Slander for Pennsylvania on
Answered on Apr 19, 2018
Jennifer Price's answer
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 changing their names and locations without running the risk of legal issues, AS LONG AS the listeners would not be able to tell who you're talking about. Sometimes, other details in the story can still give...

Q: Is the school right for reporting my daughter for truancy being 2 or 3 minutes late every other day with no absences?

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Jan 2, 2018
Jennifer Price's answer
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 can begin to count the tardies as absent.

Q: Do I need to change my child’s school? Which school should he be enrolled in? Confusing situation.

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Jan 2, 2018
Jennifer Price's answer
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 of one county or another, other paying taxes. If the school found out about your living situation, they could request tuition (or tuition reimbursement). In such a case, you should contact a lawyer,...

Q: My ten year old son says his teacher is telling students to pray in between class periods. Does this violate a law and

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Jan 2, 2018
Jennifer Price's answer
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 violation of the law. It's also unclear as to whether the students face repercussions for not praying. Again, if the teacher is telling students to pray, students don't pray, and there are no...

Q: My son's FERPA rights were violated. School lawyers wants to meet. Can I request to meet with just him and record it?

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Oct 10, 2017
Jennifer Price's answer
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 help in the event of future litigation.

Q: My son was sucker punched in the head, and avoided 3 more hits. It was in school. Is this assault?

1 Answer | Asked in Education Law and Criminal Law for Pennsylvania on
Answered on Oct 7, 2017
Jennifer Price's answer
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 the second part of your statement about the burden, if you mean they said they couldn't meet their burden of proof, I would assume that means there were no witnesses. In such a case, it becomes a...

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

1 Answer | Asked in Criminal Law and Juvenile Law for Pennsylvania on
Answered on Feb 15, 2017
Jennifer Price's answer
In order to press charges, you need to call the police or go to the police station.

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

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Feb 15, 2017
Jennifer Price's answer
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. Pennsylvania recognizes this "unlawful act" conviction as a prohibited offense that would prevent you from getting a conceal/carry permit.

Q: Title1 services = identification to qualify for special education services ?

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Feb 15, 2017
Jennifer Price's answer
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 parent of wanting to test the child to determine whether the child has a disability. The school must receive parental consent in order to conduct the testing, or go through with a special education...

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