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Maryland Education Law Questions & Answers
1 Answer | Asked in Civil Rights and Education Law for Maryland on
Q: Can I sue if I was force into meetings to see a person who has been harassing me. When both times I said no.

I had a person follow me around at school alot and was making me uncomfortable. When I told someone about it they didn't tell me or ask for consent and force me into a meeting with him and I. The second time I cried and didn't want one. I was dealing with him saying awful things about me... View More

James L. Arrasmith
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answered on Jan 28, 2024

It sounds like you've been through a distressing situation. If you feel that your college's actions in forcing you into meetings with someone who was harassing you were inappropriate or harmful, you may have grounds to take legal action. This could potentially include a lawsuit for... View More

1 Answer | Asked in Education Law and Employment Law for Maryland on
Q: I’m being paid less than my counterparts due to education differences. Is this illegal?

The job function and responsibilities are the same

Todd B. Kotler
Todd B. Kotler
answered on Dec 13, 2023

No, differences in education create circumstances where you and your counterparts are NOT similarly situated. That is an entirely defensible difference upon which to base compensation. Totally legal.

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Education Law for Maryland on
Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?

On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and... View More

James L. Arrasmith
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answered on Nov 8, 2023

If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a... View More

1 Answer | Asked in Education Law and Business Law for Maryland on
Q: How can a religious college in the Fort Washington Maryland create by laws that are separate from the article of incorp
T. Augustus Claus
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answered on Sep 7, 2023

Religious colleges in Fort Washington, Maryland, can create separate bylaws from their articles of incorporation. To do this, they should review their current bylaws, form a committee of key stakeholders, draft the new bylaws, and seek legal counsel for compliance. Once approved by the governing... View More

1 Answer | Asked in Education Law for Maryland on
Q: Can I sue my school for giving me 6 day expired milk?

I drunk milk the school provided and realized it was 6 days after the expiration date.

Scott Scherr
Scott Scherr
answered on May 15, 2023

Assuming that you did not get sick, then you would not have a claim because there would be no damages. You may be entitled to a refund of your purchase.

1 Answer | Asked in Criminal Law, Personal Injury and Education Law for Maryland on
Q: I have a special needs son who was assaulted by his teacher on 2 twice. what kind of lawyer do I need for this situation

CPS was involved because there was a witness who reported the teacher. Now the teacher filed a claim to juvenile courts saying it was my son who assaulted her. My son has autism, adhd and mod to severe intellectual disability. I need help to fight this.

Todd B. Kotler
Todd B. Kotler
answered on May 5, 2023

Hopefully this occured around some typical peers or other witnesses who can speak to what actually occurred. You need to get statements from those individuals ASAP and get them to commit to appear at the evidentiary hearing. Merely having a written statement will often not work as that is... View More

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Ronald V. Miller Jr.
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answered on Apr 4, 2023

I understand your concern. I think your chances of real liability here approach zero. First, your response was reasonable. The student's behavior and lack of visible symptoms could have led you to believe that the injury was not severe. Second, it is extremely unlikely that treating these... View More

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1 Answer | Asked in Education Law and Juvenile Law for Maryland on
Q: Is it illegal (e.g. "wiretapping") to record the air quality of my daughter's school without first obtaining permission?

I sent my daughter with a CO2 (carbon dioxide) monitor to school to check the ventilation level of her classroom. Is there some legal reason to have obtained permission from the school to record this kind of information (no audio or video, or any identifying information was ever recorded)? (There... View More

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

County Boards of Education set the rules on what electronic devices are allowed to be brought onto school campus. This is not a wiretapping issue as it does not concern collection of communications between humans.

1 Answer | Asked in Child Custody, Education Law and Internet Law for Maryland on
Q: Can I seek financial retribution from child academy for forwarding emails to other parent in custody battle situation?

The other parent and I were recently in a custody battle. While my child was at this daycare/center academy, the facility forwarded my emails asking about my child's progress and wellbeing to the other parent. They then used those emails as evidence against me in court (nothing negative was... View More

Mark Oakley
Mark Oakley
answered on Jun 18, 2022

Unless you had sole legal custody at the time your child was in daycare and the emails were sent, or there was some contractual agreement covering confidentiality of communications, both parents would have access to their child's records at daycare. Even then, that would not prohibit an... View More

1 Answer | Asked in Immigration Law and Education Law for Maryland on
Q: I have a pending asylum, can I get instate tuition. I have a work permit and a SSN. I work and pay taxes in Maryland.
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

Pending asylum does not confer any status to an asylum applicant. You are only permitted to remain in the U.S. and may receive an EAD and a Social Security Number to engage in lawful employment.

However, for the purposes of qualifying for an instate tuition you need to discuss it with the...
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1 Answer | Asked in Education Law for Maryland on
Q: I enrolled and registered my two children to attend Annandale Christian School, (ACS), Laurel for 2021/22 School.

I enrolled and registered my two children to attend Annandale Christian School, (ACS), Laurel for 2021/22 School year in March which I have subsequently canceled in July. However ACS has invited my attention to a clause in the contract which was not properly explained to me at the time of signing... View More

Mark Oakley
Mark Oakley
answered on Aug 14, 2021

This forum is not designed for direct solicitation for hiring lawyers, but you are free to search the site to locate a lawyer and then contact that lawyer to discuss potential engagement of ther services. As for your specific issue, the Maryland Court of Appeals addressed an almost identical... View More

1 Answer | Asked in Education Law for Maryland on
Q: The Maryland CCU grabbed my 2020 tax refund for tuition I owed in 2003 from community college. Can they do that? JO
Mark Oakley
Mark Oakley
answered on Jun 24, 2021

Yes. Maryland can seize tax refunds for debts owed to the state. The CVU is the collection department of the state.

1 Answer | Asked in Education Law for Maryland on
Q: If a college refuses to show evidence on brining up cyber bullying case against my son, what can I do?
Mark Oakley
Mark Oakley
answered on Dec 19, 2020

I am sure the college has some procedures and rules in place for handling disciplinary matters, if this is being handled as a school disciplinary or expulsion matter. If campus police are involved, then it is a criminal matter that will be handled through the local prosecutor's office in... View More

2 Answers | Asked in Copyright, Education Law and Intellectual Property for Maryland on
Q: I have a question which involves the rights to intellectual property as teacher in a private grade school.

I was a high school teacher and created about 50 powerpoint lessons in the school's drive. The school locked me out and will not share my powerpoint lessons. I am of course very upset over this. I spent days on one powerpoint alone. The school would not suffer any harm by sharing my lessons... View More

Mark Oakley
Mark Oakley
answered on Oct 8, 2020

You may find this article informative on the subject, although it does not address any special statutory or other law in Maryland that may vary from the basic principal that a work made in the course and within the scope of employment generally belongs to the employer:... View More

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1 Answer | Asked in Education Law for Maryland on
Q: If a public high school refuses to or neglects to conduct the pledge of allegiance each morning, what can be done?

It is a requirement according to state law (Maryland) and the county Administrative procedures. Is there a way to force the school system to follow these laws?

Mark Oakley
Mark Oakley
answered on Dec 20, 2019

I have not looked up the statute or regulations on this subject, but assuming your understanding of the law is correct, I would think directing your complaint to the Maryland State Department of Education would be the route to go, as well as possibly raising the issue with your local Maryland State... View More

1 Answer | Asked in Education Law and Traffic Tickets for Maryland on
Q: I got pulled over for not stopping for a school bus — how do I request to not have this show on my driving record???

I was well past the bus before their hazards went on, still got pulled over

Mark Oakley
Mark Oakley
answered on Apr 18, 2019

You request a trial by filling in and mailing the request form portion of the ticket located on the lower right side of the sheet. Check the “trial” box, not the “waiver hearing.” If the officer does not show, you’ll be found not guilty. If they show, you plead not guilty and tell your... View More

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... View More

2 Answers | Asked in Education Law and Gov & Administrative Law for Maryland on
Q: Are Maryland public school teachers considered state employees?
J. D. A.
J. D. A.
answered on Oct 2, 2018

This is a much more complicated question than it appears. For some purposes, school board employees are state employees, and for other purposes they are local government employees. Maryland school boards are an odd hybrid- and the appellate courts are still struggling with how to classify them.

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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 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.... View More

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