Hi, I am a 13 year old attending a middle school in Texas. If I feel uncomfortable in a class am I legally allowed to start an audio recording on my phone so If the teacher does something that could be considered illegal/abusive I can have evidence of it.
answered on Oct 28, 2021
Generally speaking, Texas is a single party consent state. That means you can record a conversation you are a part of without notifying the other party. However, at school there is a greater expectation of privacy. It is likely against school rules, and very likely infringes on the rights of... View More 
School is denying services because student has performed well on screenings in school. Have a certified diagnosis by neuropsychologist and student has been receiving reading interventions through the RTI process 3x per week by reading specialist. This is also the child's second time in... View More
answered on Oct 28, 2021
I advise requesting a formal special education evaluation, and potentially consulting with a Rhode Island special education attorney on this matter. RTI may not be used to delay/deny an evaluation.
See: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf... View More
I would like to know if the general ed cohort my child is in is heterogenous. She feels that it is in a targeting special ed group because she is on a IEP- I have requested the ratio of gen ed to special ed in this cohort and the school denied the request. Do I have the right to know as a member of... View More
answered on Oct 26, 2021
This is not a privacy concern, but there is no explicit "right to know" either. As you correctly note, you are a member of the team. The information may help you to make informed decisions about appropriateness of placement, etc.
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... View More
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... View More
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... View More
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... View More
My child is coming home from 8 months of residential care. A PHP or IOP is being recommended as transitional care.
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.
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... View More
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:... View More
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... View More
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... View More
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.
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.
this student resides in Dallas county and goes to highland park middles school, in the highland park independent school district.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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!
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... View More
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... View More
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?
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,... View More
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.... View More
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
