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Questions Answered by Ashley VanCleef
1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Litigation for Maryland on
Q: Can I file charges against the school for not protecting my son?

5 documented cases of events like spitting in my sons lunch, hitting him with a chair, slamming a door in his face and punching him in the face. all documented cases show the same child instigated an unprovoked attack on my son. at no time did my son provoke or even respond.

Ashley VanCleef
Ashley VanCleef answered on Apr 18, 2019

Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here... Read more »

1 Answer | Asked in Education Law and Personal Injury for Maryland on
Q: My 8 y/o has been physically assaulted in class many times. Admin is aware and done nothing. Can I take legal action
Ashley VanCleef
Ashley VanCleef answered on Jan 20, 2018

School systems are required to act upon reported acts of bullying. School systems have bullying forms posted on the websites and paper copies are available in the school buildings. This is the best way to document what is happening and to hopefully have administration swiftly take action.... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: Is there any way to stay in Howard County middle school until the end of this school year if you moved in January?

My children currently attend in a Middle school in Howard County. I am trying to keep them there until the end of the school year. Is that possible? They asked for tuition if I stay. I know that the school was received tuition for my children at the beginning of this school year, though.

Ashley VanCleef
Ashley VanCleef answered on Jan 20, 2018

HCPSS Policy 9000 explains how tuition is assessed as follows:

A student who becomes a nonresident, because the parent(s) with whom the student resides move out of Howard County during the school year, may complete the current school year at the school in which the student is enrolled....
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1 Answer | Asked in Education Law for Maryland on
Q: If a student fails a grade and becomes an adult (age 19), can a school refuse to take the student back and insist they

pursue a GED instead?

Ashley VanCleef
Ashley VanCleef answered on Jan 2, 2018

If the student has not graduated with a diploma or obtained a GED, they can still attend school through the age of 21 as long as they are not 21 years old on the first day of the school year. There are many protections available for students with disabilities as well as those who can be considered... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: What due process are high school students entitled to if the school is trying to suspend them?
Ashley VanCleef
Ashley VanCleef answered on Jan 2, 2018

Depends on the length of the suspension.

For short term suspensions, there are 3 basic elements required. 1. Notice of the offense being charged. 2. opportunity for the student to refute the charge. and 3. an explanation of the evidence supporting the charge.

For long term...
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1 Answer | Asked in Education Law for Maryland on
Q: Are students allowed to be held and questioned at school without a parent present?
Ashley VanCleef
Ashley VanCleef answered on Apr 29, 2017

It depends on who is holding the student and asking the question. School officials such as the principal may question and ask students to write statements related to school incidents.

2 Answers | Asked in Civil Rights and Education Law for Maryland on
Q: My grandson is a special needs child. His Civil Rights are being violated by the school he attends.

He is being bullied and the kids who are bullying him are blaming him and he is getting suspended and in trouble all the time. For instance someone threw a pen cap in the vicinity of the teacher and 2 kids said he threw it (his pens do not even have caps) so he got suspended for 3 days. This has... Read more »

Ashley VanCleef
Ashley VanCleef answered on Apr 29, 2017

The Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act require schools to locate and identify students with disabilities. This is called Child Find. Your daughter should seek professional guidance as to which plan your grandson might qualify for and how to purse... Read more »

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