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Georgia Education Law Questions & Answers
1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Civil Rights and Education Law for Georgia on
Q: What type of attorney do I need for Title IX discrimination issue in education centered around ADA?

I am a student who was discriminated against because of my ADA Disability in my graduate program and was wrongfully dismissed.I need assistance and guidance regarding a Title IX discrimination issue I experienced within my graduate program as a student. I have approved ADA accommodations for my... View More

James L. Arrasmith
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answered on Feb 24, 2024

For your Title IX discrimination issue in education, particularly centered around ADA accommodations, you would benefit from seeking assistance from an attorney who specializes in education law or civil rights law. These attorneys have expertise in handling cases related to discrimination and... View More

1 Answer | Asked in Education Law and Employment Law for Georgia on
Q: Can a math teacher who voluntarily transferred from one school to another school for an open math position who was force

Can a math teacher who voluntarily transferred from one school to another school for an open math position who was forced to teach a science class without their consent be subsequently forced to accept a (science instruction predicated)personal improvement plan (PIP) also known as a personal... View More

T. Augustus Claus
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answered on Jan 16, 2024

It depends on the specific details of the teacher's employment contract, school policies, and state regulations. Generally, teachers are expected to fulfill the responsibilities outlined in their contracts, but if there are significant deviations from the agreed-upon terms, it may raise legal... View More

1 Answer | Asked in Education Law for Georgia on
Q: How do we stop a former private school officer of a closed school from obstructing the closure of the school?

This former president and principal signed the Board resolution to close the school through the assignment process yet continues to obstruct the closure. She ignored a cease and desist letter and operates a new school using platforms and health insurance setup under the closed school’s EIN. The... View More

John Michael Frick
John Michael Frick
answered on Sep 12, 2023

The Board can, and should, remove her, elect a new president, and pass new Board banking resolutions regarding who can access the school’s bank accounts.

1 Answer | Asked in Education Law for Georgia on
Q: Are schools required to have a policy for video cameras in the classrooms? and should the policy include for what

purpose the audio and video recordings can be used for in the state of Georgia

T. Augustus Claus
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answered on Sep 1, 2023

In the state of Georgia, schools are not universally required to have a policy for video cameras in classrooms. However, many school districts and educational institutions do establish such policies voluntarily to address various aspects of video and audio recording within educational settings.... View More

1 Answer | Asked in Education Law for Georgia on
Q: Hello I am asking about if I could sue a school for putting me in court for a crime I didnt commit after being proven in
Todd B. Kotler
Todd B. Kotler
answered on Jul 3, 2023

Successfully suing a school for accusing someone of a crime they didn't commit can be challenging at best. Here's why:

Immunity: Schools and their employees often have legal protections, such as governmental or sovereign immunity. These protections shield them from certain...
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1 Answer | Asked in Civil Rights, Education Law and Family Law for Georgia on
Q: What can I do? This is my son's future!!

My son has been on an IEP since 3rd grade. I have been his sole primary guardian most of his educatuonal life. He has and all been well aware that there is a certified copy of custody papers several in his files. How ever Mr. Robinson decided to violate GA Code 20-2-780 and allowed my sons father... View More

Todd B. Kotler
Todd B. Kotler
answered on May 18, 2023

You are going to need to file for what is called a "Due Process" complaint against the district which is failing to provide free and appropriate public education to your child (FAPE). Due Process is a term of art within education law that is distinct from other uses of the term you may... View More

1 Answer | Asked in Education Law and Employment Law for Georgia on
Q: Principal has pulled audio from library surveillance camera to support discipline actions against employees for venting

In our library after school, there was a venting conversation about things going on in our school and the frustration that another group of people will be resigning. This was wrong. I know that. This was on a day where the space was closed. Just providing background information.

The next... View More

Todd B. Kotler
Todd B. Kotler
answered on May 6, 2023

While i'm not a Georgia attorney, this sounds like an employment issue rather than an education issue. You should contact your union, you should also review your employment contract or collective bargaining agreement to see whether or not you have already consented to recording through your... View More

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Education Law for Georgia on
Q: Can a CASA become a career GAL? (Be a paid GAL instead of volunteer)

Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided...
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1 Answer | Asked in Personal Injury and Education Law for Georgia on
Q: Can you sue a school for failing to notify a parent of a broken leg at school? Someone else called to inform mom.

My aunt was on site picking up her child when my nephew broke his leg around 2 pm. He was playing basketball at school while waiting on the busses to arrive. The school called the ambulance but never called his mom to notify her. She drove to the school (after my aunt called her) then followed the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. An important issue here would be the damages resulting from failure to notify a parent. It looks like timely response was made to summon an ambulance. The hospital delay does not appear to be the fault of the... View More

1 Answer | Asked in Education Law for Georgia on
Q: Can a teacher make a 5thgrader sit out entire recess for incomplete work she has learning disabilities 504 iep

My daughter sits out of recess daily for incomplete work and my son sits out for behavior reasons and incomplete work or homework my son only has 1 special education teacher who he is supposed to get 1 hour 30 minutes for reading and math there are more then 15 kids and 3 home rooms there is not... View More

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. There is a section here on Education Law. You could repost your question there. You could also reach out to attorneys who practice in that area. They would be familiar with standards for special education needs.... View More

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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1 Answer | Asked in Education Law and Personal Injury for Georgia on
Q: If my husband fell at a high school and had to have surgery, is the school liable?
Cory D. Raines
Cory D. Raines
answered on Jul 16, 2021

Because of sovereign immunity, it is difficult to sue state departments and agencies, including high schools in Georgia for injuries sustained while on their property. The Constitution of the State of Georgia provides that “sovereign immunity extends to the state and all of its departments and... View More

1 Answer | Asked in Education Law and Family Law for Georgia on
Q: I’ll be 18 in January, will I be able to move back home and finish high school without my primary parent involved ?

I’m from New Jersey I recently moved to Georgia a year ago & been struggling in school every since. When I turn 18 I want to go back home and finish high school and enjoy the last few months of high school with my friends and family.

Homer P Jordan IV
Homer P Jordan IV
answered on Nov 6, 2020

Once you turn 18 you will be legally considered an adult and can live where you want to.

1 Answer | Asked in Education Law for Georgia on
Q: Can a 15 year old quit school in Georgia with parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 24, 2020

No a 15 year old cannot quit school even with parental consent in the state of Georgia. Mandatory attendance in a public school, private school, or home school program is required for children between 6 yrs and 16 yrs old. The only exception is where the child has successfully completed all... View More

1 Answer | Asked in Education Law for Georgia on
Q: Can a school be held responsible for my child contracting COVID-19 when my request to place her in digital learning was

Denied numerous times?

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 19, 2020

It may be possible. The law is very new at this point as it relates to COVID-19 cases. It is unclear what these cases will look like. It is certainly worth consulting with an attorney who can assess the specifics of your circumstances and provide you with a more detailed response.

We wish...
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1 Answer | Asked in Education Law for Georgia on
Q: Can a private school install cameras in a teachers classroom to record her teaching without her consent?

My wife is a teacher and her school (private) has installed cameras in the classroom to record her teaching and broadcast it for parents and students to watch. Is this legal? Should the school have consent from her or do they not need consent to do this? Don't the parents of the children need... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jul 20, 2020

The private school does not need the consent of your wife to have cameras in the classroom to record activity. While it would be preferable to get her consent, consent is not required. The same goes for the students.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law, Education Law and Employment Law for Georgia on
Q: As a teacher w/ restricted criminal record, what shows on my fingerprint & criminal background check to school system?

Last summer (2019), I hired an expungement lawyer to have my criminal record restricted. I was eligible for record restriction as the charges from my 2015 arrest were dismissed. I am a new hire to the school district and am concerned about what shows up on me after my fingerprinting and my criminal... View More

David Edward Boyle
David Edward Boyle
answered on Jun 5, 2020

If you want to know what has been revealed you should run a copy of your own criminal history with a law enforcement agency for employment purposes and see what shows up. Often times there are errors when the records are input into the system.

1 Answer | Asked in Education Law for Georgia on
Q: Can the school system keep fundraisers that the children worked so hard to earn money for the trip

We were told that if for some reason we could not go on the trip that the school would keep all monies. They did not give us documentation stating that if they cancelled the trip that the children would not receive their fundraiser monies. Now they are saying that the school keeps the monies and... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jun 2, 2020

It depends. Without the ability to review any documentation, it is difficult to provide a definitive answer. However, it is not uncommon for schools to have similar provisions. You may benefit from speaking with an attorney who can review the relevant documentation.

We are glad to assist...
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2 Answers | Asked in Education Law and Family Law for Georgia on
Q: Can parents kick out an 18 year old if they are still in high school?

Georgia law requirements

Regina Irene Edwards
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answered on May 31, 2020

An 18 year old is legally an adult and the parents to not have to provide them housing. However, they may be considered a tenant and have rights under that circumstance.

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