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Questions Answered by Kimberly Winslow
1 Answer | Asked in Education Law for Colorado on
Q: My son has a 504 plan in 6th grade was put in a room by himself cause he refused to wear a mask. is that legal?

I sent the school a letter stating that I refuse them to put a medical mask on my child. They will not comply. When my son showed up to school Thursday without a mask they removed him from class and put him in a room by himself with no direction from his teachers on how to do his school work. He... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 15, 2021

I'm not sure if this is still an issue, but the 504 plan is to accommodate your child's disabilities so he can access his education. Is he physically unable to wear a mask due to his ADD? If so, you should meet with the 504 team to discuss what types of accommodations can be put in... Read more »

1 Answer | Asked in Education Law for Oklahoma on
Q: Is it possible to have my child be exempt from P.E. class?

She is a straight A. student but lacks athletic ability so it causes other kids to not want to include her and get made fun of so she doesnt like school anymore. P.E. class shouldnt cause kids to feel this way. I dont see this class being necessary for her. She is in 5th grade and has loved school... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 15, 2021

Federal law does not require public schools to provide physical education, but many states do. Below is from 2010, so guidance may have changed. https://www.shapeamerica.org/advocacy/son/2010/upload/Oklahoma-profile.pdf

"Oklahoma mandates at least 60 minutes of physical education per...
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1 Answer | Asked in Education Law for California on
Q: Do school districts ever pay for PHP or IOP programs for students with an IEP under the emotional disturbance category?

My child is coming home from 8 months of residential care. A PHP or IOP is being recommended as transitional care.

Kimberly Winslow
Kimberly Winslow answered on Mar 17, 2021

School districts are required to provide students on IEPs a free appropriate public education. You would have the burden of proving that your child requires the PHP or IOP in order to access his/her education.

1 Answer | Asked in Family Law and Domestic Violence for Massachusetts on
Q: How much trouble could my mom get in for being abusive?

My mom's is somewhat physically abusive, extremely emotionally/ mentally abusive (example: threatening suicide) and also threatens me and my brother a lot (example: "I'm gonna slit your throat and watch you bleed"). She has also denied me food and various occasions, punished me... Read more »

Kimberly Winslow
Kimberly Winslow answered on Mar 15, 2021

Are you a minor? You can talk to a trusted teacher or guidance counselor at school. Another option would be to self-report to the Department of Children and Families by calling 508-910-1000. More information is available here:... Read more »

1 Answer | Asked in Education Law for Arizona on
Q: My son was referred out of district for school. Can I get access to the financial transfers between school and district?

My son has autism and the spec ed dept in the school district referred him out of district. They premeditively signed him up for a school without my consent, and I already understand that is illegal. My son came home crying begging me to never go back. Apparently this is a behavior disorder school... Read more »

Kimberly Winslow
Kimberly Winslow answered on Mar 5, 2021

It is a violation of IDEA for schools to place a student on an IEP out of district (or in any setting really) without parental consent. Moreover, placement should not be determined based on finances, but the needs of the student. I recommend contacting a local attorney, as I do not think, based... Read more »

1 Answer | Asked in Education Law for South Carolina on
Q: Is this illegal? if so what are the charges, and how much time can they do in prison

An 18 year old asked a school assistant principal to drop out. The assistant principal refused to let the 18 year old student to drop out. Now the students is there against their will.

Kimberly Winslow
Kimberly Winslow answered on Mar 5, 2021

South Carolina law only requires regular school attendance until the Student turns 17 years old. However, what you describe is not a crime. The student has free will.

1 Answer | Asked in Education Law for Texas on
Q: If a 13-year-old in the 7th grade, in texas suffers from ADD, is there any sort of special help/bonus they can receive?

this student resides in Dallas county and goes to highland park middles school, in the highland park independent school district.

Kimberly Winslow
Kimberly Winslow answered on Feb 4, 2021

It is possible that your student could qualify for 504 Accommodations or a Special Education (IEP). You may consider requesting an evaluation for eligibility.

In order to be entitled to a special education, the student must have a qualifying disability and the disability must adversely...
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1 Answer | Asked in Education Law for Ohio on
Q: I have a 17 year old son who is suffering from bad anxiety. He cant an won't be around large amounts of people he ..

I have a 17 year old son who is suffering from bad anxiety. He cant an won't be around large amounts of people he starts to have really bad anxiety. He won't even go into a store unless he positively has to . So he wants to drop out of school an pursue his GED. Can he drop out with a... Read more »

Kimberly Winslow
Kimberly Winslow answered on Feb 4, 2021

It looks like this was previously answered here: https://answers.justia.com/question/2015/01/22/is-it-legal-in-ohio-for-a-17-year-old-to-112146

If your son is unable to access education due to a documented emotional disability (anxiety), then he may be entitled to protections under the...
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1 Answer | Asked in Education Law for Michigan on
Q: My child's teacher keeps asking me about his therapy and medication stuff. I don't know what more I can do

My son is ADHD and ODD. I have changed doctors due to the doctor not willing to try a different medication. I am now trying to get in to see a child psychiatrist. Every time he goes to school I get an email asking when he has therapy and when they may consider putting him on medication. It has been... Read more »

Kimberly Winslow
Kimberly Winslow answered on Feb 4, 2021

Teachers and school administration cannot require you to put your child on prescription medication. It is okay for the teacher to let you know what they see in the classroom with respect to behaviors, etc. However, if the teacher is that concerned that she is calling you daily, and your son is... Read more »

1 Answer | Asked in Education Law for California on
Q: Educational Rights holder under IDEA times of issue 2016-2020 client turned 18 after graduation. parent or child?
Kimberly Winslow
Kimberly Winslow answered on Dec 9, 2020

In MA, it would be the child unless parents have guardianship. The statute of limitations under IDEA is only 2 years, so depending on the facts (including when you knew or should've known there was an IDEA violation) you may only be able to go back to 2018. I would highly recommend... Read more »

1 Answer | Asked in Education Law for Indiana on
Q: I am a teacher Special Education Teacher in Indiana

I am a teacher Special Education Teacher in Indiana I was punched in the back of the head by a student and now they have deemed I have a Permanent Injury. The school corporation failed to be in compliance with the classroom IEP's. The classroom should have had 3 staff members in the room in... Read more »

Kimberly Winslow
Kimberly Winslow answered on Dec 9, 2020

I would definitely recommend following up with an attorney in Indiana. Depending on the facts, you could have a tort claim against the school for negligence. In MA there is a liability cap of $100,000, and strict procedures that must be followed to put the school on notice. Good luck!

1 Answer | Asked in Education Law for Indiana on
Q: If the public school refuses accommodations for my child's 504 plan, what can be done?

My daughter attends public school in Indiana and has a 504 due to a learning disability. We need to add more accommodations but the school is giving push back saying they don't have the staffing or resources necessary. I argue they are necessary and must be done. What happens now? What can I... Read more »

Kimberly Winslow
Kimberly Winslow answered on Dec 3, 2020

I would recommend contacting the Office of Civil Rights (OCR). 504 requires school districts to provide appropriate education services that meet the individual needs of the student to equal the way the needs of students do not have disabilities are met. You may additionally have recourse through... Read more »

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: My father recently passed. He owned a home with a friend. What are my responsibilities as a surviving adult child?

The friend is not a legal spouse but still lives in the home. My father is listed on the deed/mortgage as a joint tenant in common. Can this house be sold without approval by his heirs?

Kimberly Winslow
Kimberly Winslow answered on Nov 29, 2020

The deed would typically be tenants in common or joint tenants with right of survivorship. If right of survivorship, property automatically goes to the co-owner. If it is tenants in common, then it would need to go through probate to determine his heirs. Unless the deed states otherwise,... Read more »

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1 Answer | Asked in Foreclosure for Massachusetts on
Q: Hello! My parents had a reverse mortgage and I'm told an heir can buy the house. Can I negotiate the price?

can I negotiate a price due to the shape it is in? It needs a lot of work. I had it appraised, but it's still too much. Also, who holds the deed to the house. The heirs or the bank. I have seen enter into a deed instead of foreclosure, but I want to buy the house. Any help would be great.... Read more »

Kimberly Winslow
Kimberly Winslow answered on Jun 24, 2020

Typically in a reverse mortgage scenario, the borrower does not Deed the property to the bank. It remains in their name. Deeds are public record, and quickly accessible online. http://www.masslandrecords.com/ Click on your county and search with name or address.

In most cases, when...
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