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Oklahoma Education Law Questions & Answers
0 Answers | Asked in Family Law, Civil Rights and Education Law for Oklahoma on
Q: Can a kid be suspended for 6 wks for saying he hopes there's a school shooting so he doesn't have to do testing

I believe he is on the spectrum. And when asked if he wanted people to die just so he didn't have to take tests he did not think it through that far.

1 Answer | Asked in Civil Rights and Education Law for Oklahoma on
Q: Is it ok for a police officer to threaten someone
James L. Arrasmith
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answered on Feb 24, 2024

I do not have enough context to definitively state whether a police officer threatening someone would be okay or not. However, in general:

- Police officers are granted a certain level of authority and power to enforce laws and maintain public order. This authority should be used...
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1 Answer | Asked in Education Law, Juvenile Law and Native American Law for Oklahoma on
Q: What happens if a child is 5 years of age and still is not talking, or potty trained and his doctors have not found any

Any reason for him to not be talking and developing like a normal child

James L. Arrasmith
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answered on Jan 19, 2024

If a 5-year-old is not talking or potty trained and there is no clear medical reason, it warrants further evaluation and support. Some key points:

• Most children say their first words by 12 months and are putting 2-3 words together by age 2. By 5, they typically have a vocabulary of...
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1 Answer | Asked in Education Law for Oklahoma on
Q: if a child is at school and throws a rock and it hits a vehicle who is responsible the parent or the school?

a child threw a rock and it accidentally stuck a vehicle during school under school supervision who is responsible for the cost of the damages?

T. Augustus Claus
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answered on Nov 14, 2023

if a child throws a rock and it hits a vehicle while the child is at school and under school supervision, the school district is typically responsible for the cost of the damages. This is because the school district has a duty to supervise its students and to take reasonable steps to prevent them... View More

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law, Small Claims and Education Law for Oklahoma on
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?

My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she... View More

Timothy Carignan
Timothy Carignan
answered on Nov 3, 2023

There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't,... View More

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for Oklahoma on
Q: How much would the bong be if the charge was 21 o.s. 649(B) She was charged that for biting a police officer
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2022

This will depend on where the charge is filed, her criminal history, and possibly other factors.

1 Answer | Asked in Education Law, Tax Law, Banking and Business Law for Oklahoma on
Q: I am on a school board for a private school.

Can a parent make a donation to the school (501c3) and then ask for the money back if they move or enroll their child elsewhere?

Charles Watts
Charles Watts
answered on Jan 5, 2022

The parent can ask - but there isn't anything requiring the refund. There is no federal law, and most states classify the donation as a gift and therefore no longer the property of the person giving the donation, and thus not required to be returned. However, if the funds were donated with... View 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... View 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, Health Care Law and Juvenile Law for Oklahoma on
Q: How much trouble can a 17 year old girl get from runaway from home in Oklahoma

Let say a 17 year old girl runaway from home cause her home is toxic and she can’t handle everyone around making her feel like the bad guy and that the girl has mental health issues that are being neglected or ignored

Pete David Louden
Pete David Louden
answered on May 27, 2021

I see that many teenagers describe their home as toxic, not enough freedom, controlling parents, or any one of a long list of other grievances. So, that part is not uncommon.

However, if there legitimately is abuse and/or neglect and this is not just a disgruntled teenager, this should be...
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1 Answer | Asked in Criminal Law, Child Support and Education Law for Oklahoma on
Q: is it illegal for a teacher to grip a student hard enough to cause bruises?
Pete David Louden
Pete David Louden
answered on Nov 7, 2020

As with most all things, this would depend on the specific facts of what happened. This is one of those issues where to get a reliable answer you will need to have a detailed consultation with an attorney. The attorney will want to review all of the facts and also ask questions to get to the... View More

1 Answer | Asked in Education Law and Family Law for Oklahoma on
Q: Father does not want to send daughter to school because of mask mandate. Separated but no legal action taken yet.

My still husband just found out that there is a mask mandate at our daughters school. He now refuses to send her to school for religious reasons ("do not fear") and wants her to be home schooled by him. I want her to go to school! I am working 40 hrs/week and can not homeschool her. Since... View More

Pete David Louden
Pete David Louden
answered on Oct 10, 2020

Bottom line: if you cant come to an agreement and you feel strongly enough about going to school you will need to do whatever it takes to hire an attorney so you can seek a court order directing that the child attend school. I wish you the vest of luck with your case.

1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Oklahoma on
Q: Can school administrators suspend students from school just from suspicion of drug use?

If a student is called into the principal’s office under suspicion of drug use, can they suspend them, even if there’s no evidence and no proof of possession of drugs?

Brian Boeheim
Brian Boeheim
answered on Feb 11, 2020

It would depend on the code of conduct, or the administrative rules within your school. It is not a criminal action less they intend to charge your child with public intoxication. Without some type direct evidence, I would be troubled by their conclusion, but there may be no recourse without... View More

1 Answer | Asked in Criminal Law and Education Law for Oklahoma on
Q: Is it illegal in oklahoma to deliberately report a false terroristic threat to a school against another child?
Brian Boeheim
Brian Boeheim
answered on Oct 12, 2019

Because it is a juvenile, the punishment is limited, and if it was just reported to the school and didn't involve police then the criminal statute below might not apply.

Title 21 O.S. 589(A)

It shall be unlawful to willfully, knowingly and without probable cause make a false...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for Oklahoma on
Q: How do i get my kids back the judge gave her other 30 days to get more evidence against me and they have cameras

We have went to court and the judges granted her another 30 days to come up with evidence against me on medical neglect in education and so far in the 30 day she is took my kids to doctors and now she is not trying to give me my visitation my kids do not wanna be there my oldest daughter has been... View More

Pete David Louden
Pete David Louden
answered on Apr 13, 2019

Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.

1 Answer | Asked in DUI / DWI and Education Law for Oklahoma on
Q: I am a teachers assistant. what can my school district do if i have been charged with a DUI
Frank A. Urbanic
Frank A. Urbanic
answered on Feb 27, 2018

Check the policy of your district.

0 Answers | Asked in Criminal Law, Civil Rights and Education Law for Oklahoma on
Q: Is it legal to suddenly and without warning revoke someone's visitation?

Well I was recently banned from visiting a high school for speaking to a student and using a curse word. Not speaking vulgarity at the student but using it in a story. The head principal heard me and instead of letting me explain decided to issue me a trespass warning. He would not let me defend... View More

0 Answers | Asked in Civil Litigation, Education Law and Criminal Law for Oklahoma on
Q: If school officer removes a disabled adult student from school & transports her home without consent is that kidnapping?

Parents were not contacted, verified to be home nor did they give prior consent to anyone at school to dismiss her early & drive her 10 miles home. Not under arrest. What if she had been injured in accident en route?

0 Answers | Asked in Criminal Law, Education Law and Juvenile Law for Oklahoma on
Q: I received a truancy ticket for leaving my campus for lunch underage.

I received a truancy ticket for leaving my campus for lunch underage. But when i reviewed my ticket and my date of birth is incorrect and if i was born on that date it would be legal for me to leave the campus so is my ticket invalid or not.

2 Answers | Asked in Child Custody, Child Support, Education Law and Family Law for Oklahoma on
Q: oklahoma,guardianship of granson, turning 18, has two years of school left, what r my legally responsabilities. ?

he wants to move out, to a friends, or an apartment, am i legally responsible for him? he still has two years of school left to graduation, he currently is employed. he wants to finish school at this point.

Gary Johnston Dean
Gary Johnston Dean
answered on Apr 15, 2017

Your grandson is now an adult under Oklahoma law, and your legal obligations have ended. All that remain are what you believe are your moral obligations to assist your grandson.

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1 Answer | Asked in Gov & Administrative Law, Civil Rights and Education Law for Oklahoma on
Q: Can my highschool charge us a one time fee to be drug tested?

I am a highschool student in oklahoma. Our school has instituted a random drug testing program for all students participating in extracurricular activities. But upon turning in our forms consenting to be tested, we were charged a fee, is this legal?

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 30, 2017

Yes, just like a lot of other fees charged in school.

Please visit my website, www.GaryJDean.com, and at the bottom of the homepage, "Subscribe" to receive occasional emails on Oklahoma Law, and changes. Thanks, Gary.

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