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Arkansas Education Law Questions & Answers
0 Answers | Asked in Education Law for Arkansas on
Q: Would the chances of suing a school be very good. My rights were violated under the IDEA.

The state said they done wrong by allowing a woman(that they new I was already having trouble with over my son) in our IEP meeting. They also told her after the meeting and I was gone... information that I discussed with them. Somehow they didn't find the school wrong in that because the... View More

0 Answers | Asked in Education Law for Arkansas on
Q: I want to hold my high school accountable bc they do not hold rules across the board how do i hold them accountable?

for 1) they purposefully looking at certain students at all times (who all happen to be students who don't do well in school) and 2) turning a blind eye for students who have a high GPA or are in AP classes. principals and staff members are known to show favoritism based on GPA, popularity,... View More

1 Answer | Asked in Civil Rights, Communications Law and Education Law for Arkansas on
Q: My son goes to a charter school. They just issued “yonder pouches” for cell phones to keep locked away during school.

This is nowhere in the handbook and I feel as tho it’s not quite legal for them to lock away a phone that I technically own and pay for. Last week they didn’t unlock it for him and we had to break into the pouch to get his phone out. Is what they’re doing legal? I’ve had several issues with... View More

James L. Arrasmith
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answered on Oct 24, 2024

It's understandable to feel concerned about your son's school policy regarding cell phones. School administrations often implement rules to minimize distractions and maintain a conducive learning environment. However, the specific method they use, like locking away phones, should... View More

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas on
Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More

James L. Arrasmith
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answered on Mar 8, 2024

When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More

1 Answer | Asked in Education Law for Arkansas on
Q: How can A school board member who does not follow rules/policies be held accountable other than recall
T. Augustus Claus
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answered on Sep 22, 2023

In Arkansas, there are several mechanisms to hold a school board member accountable for not following rules or policies, apart from a recall. These include filing a formal complaint with the school board or the district superintendent, which can initiate an internal investigation. If the behavior... View More

1 Answer | Asked in Education Law for Arkansas on
Q: Does my bf have a solid case to sue his Arkansas private school?

My boy friend went to a private Catholic school and was explaing to me the cruel unusual punishments they used. One was extremely alarming and I found to put him at danger. My boyfriend was staring outside during a thunder/rain storm and his teacher made him stand outside holding a metal rod. Do... View More

T. Augustus Claus
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answered on Aug 16, 2023

In situations where a private school may have subjected a student to potentially unsafe or cruel punishments, it's important to gather as much information as possible. Your boyfriend should document the details of the incident, including the date, time, location, the teacher involved, and any... View More

1 Answer | Asked in Education Law for Arkansas on
Q: How much unpaid extra duty time can schools in Arkansas give teachers?
T. Augustus Claus
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answered on Aug 4, 2023

The rules and regulations regarding unpaid extra duty time for teachers in Arkansas can vary depending on the specific school district and employment contracts. In general, schools may require teachers to perform extra duties outside of their regular teaching hours, such as attending meetings,... View More

1 Answer | Asked in Contracts, Employment Law and Education Law for Arkansas on
Q: Am I required to supervise students off contracted time for free.

My principal stated that all certified staff are required to come in before our contracted hours and stay afterwards to supervise students for free. She also says that if we don’t, we will be written up for insubordination and that those of us with second jobs would have to make other... View More

Chris W. Burks
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Chris W. Burks
answered on Sep 7, 2022

Thanks and no you are not required to work more than the time you are contracted for. Working off the clock is illegal in Arkansas.

1 Answer | Asked in Contracts, Education Law and Employment Law for Arkansas on
Q: Can a school district prevent you from teaching for the next school year if you request release from your contract?

I had signed my contract in May after the district said they would take it as a resignation for anyone that did not turn in a signed contract by the end of May 2021. I have kids to support so out of fear of unemployment I signed the contract. There were teachers resigning left and right. The... View More

Chris W. Burks
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Chris W. Burks
answered on Sep 20, 2021

Thanks and you should speak to an Arkansas employment and education law attorney. The Arkansas Teacher Fair Dismissal Act does provide some protections to teachers, and many districts will release teachers from their contracts under circumstances similar to the ones you identified. By working... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Education Law for Arkansas on
Q: Why was I sited for violating a no contact order when I was welcomed back into the supposed victims household?

I stayed with the supposed victim for an extended period of time before openly admitting to law enforcement over phone contact of my welcomed return which was also my home,as I was the son and primary care provider to my mother in said household. Also, my mother is in irreversible dimentia. My... View More

Taylor Douglas Martin
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Taylor Douglas Martin
answered on May 20, 2021

Regardless if the contact is welcomed or not, a no contact order is a court order forbidding one to contact a certain person. Typically, a Judge views contact as contact regardless of the circumstances. However, a capable defense attorney should be able to bring the circumstances to the attention... View More

1 Answer | Asked in Education Law for Arkansas on
Q: If a president called meeting is to take place, how much notice is required to be given to the public?

Russellville School District has made a habit recently of calling special meetings and not notifying the public until a few hours before the meeting. Today we had 4 1/2 hours notice for example.

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2020

An Arkansas attorney could advise best, but your post remains open for five weeks. As a general matter, it's possible such a detail might not be addressed in many school policies or school district policies. You could check those policies, and another reference might be city council members or... View More

1 Answer | Asked in Consumer Law, Civil Rights, Education Law and Elder Law for Arkansas on
Q: How should I find lawyer for - graduate student in good standing but claiming discrimination - against a university?

Looking for area of law that covers this. Perhaps Education or Consumer Law (?) - covering Title IX and/or VI violations.

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. There are attorneys who handle cases under those titles - you could start by reaching out to them. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Education Law for Arkansas on
Q: I've looked everywhere just to find if its legal or illegal to have a polyamous marriage in Arkansas?

2 woman and 1 man that love each other so much

Tim Akpinar
Tim Akpinar
answered on May 22, 2020

Polygamy is generally regarded as a crime. This is something a criminal attorney would understand the significance of more so than attorneys in the categories chosen above.

Tim Akpinar

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Im a school nurse being wrongfully accused & terminated. Would be better to get employment or nursing/health lawyer?

I am being wrongfully accused of something with little to no investigation into the event, the school is just believing what a parent is claiming and going off of that w/o my side of it. They consulted w/ their lawyer who determined that I was a liability so they are recommending termination.... View More

Greg Mansell
Greg Mansell
answered on Nov 6, 2019

It would be best to get an employment lawyer that has experience in administrative hearings, board appeals, and hearings before the nurses' board.

1 Answer | Asked in Child Custody, Education Law and Family Law for Arkansas on
Q: Does a noncustodial parent where no court order of custody is present have the right to request school records?
Dustin A. Duke
Dustin A. Duke
answered on Oct 22, 2019

The question is a little confusing, but I am assuming that since there is no court order and you refer to a non-custodial parent, that the parents were never married. In Arkansas, the mother of a child born outside of wedlock automatically has custody of him or her. The father has to establish... View More

1 Answer | Asked in Constitutional Law and Education Law for Arkansas on
Q: Do I have enough for a civil suit?

My son took mega death hot sauce to school and got suspended for 3 days for subversion because other teenagers tried it and got sick. I asked for the item back and the school said it was confiscated and used a police officer to stop me from taking it. My son did bring the hot sauce but did not... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 6, 2017

They have to intend to permanently deprive you of the hot sauce in order to violate your property rights.

I have no idea if they can suspend over hot sauce or not, but it sounds ridiculous.

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Arkansas on
Q: Do the parents of a minor need be present if minor gives a verbal/written statement to school & local police officers
Kevin Shields
Kevin Shields
answered on Mar 30, 2017

You should consult an education or criminal lawyer to discuss the specific details of your case. The answer to your question will depend on who did the questioning, how the questioning was conducted, whether the minor was in custody and the minor's mental capacity. The safeguards in place for... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Education Law and Juvenile Law for Arkansas on
Q: Do the parents of the minor have to be present when the minor makes a verbal /written statement to school & local police
Kevin Shields
Kevin Shields
answered on Apr 6, 2017

Parents need not be present while school officials are asking questions of a student in most cases. However, if the questioning was by the police or your child was in police custody, constitutional protections may be triggered. You may want to consult a local criminal lawyer about the specific... View More

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