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Oregon Education Law Questions & Answers
Q: How can I appeal the court's decision on custody and visitation of my special needs son?

I had sole custody of my 16-year-old special needs son for his entire life until a court recently awarded his father unsupervised visits. Despite years of progress notes from therapists and doctors expressing safety concerns—due to several incidents, with the most recent being when his father... View More

James L. Arrasmith
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answered on May 14, 2025

Your situation is heartbreaking, and it’s deeply troubling that a drastic change like this was made during a contempt hearing rather than a proper custody or parenting time hearing. That alone may give you grounds to challenge the court’s decision. If a child welfare worker documented the... View More

1 Answer | Asked in Education Law for Oregon on
Q: My kids have been sick a lot this school year. I am in Oregon. What are the penalties for them missing school?

The school RSO came to my house and threatened my husband to cite us with a class A citation, even after we have doctors notes and have been in touch with the school nurse, our kids have been sent home sick with fevers, and are on medications. Our son is in High school and has excellent grades.... View More

James L. Arrasmith
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answered on Apr 13, 2025

You’re doing the right thing by keeping your kids home when they’re genuinely sick, especially with fevers and medical instructions. In Oregon, schools are required to report chronic absenteeism, but absences due to illness, especially with doctor’s notes and school nurse involvement, are... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Education Law for Oregon on
Q: I am seeking your legal counsel regarding a series of events that have significantly impacted my housing security

January to May 2023: Rent payments made timely and without incident.

• June 2023: Discussions with the OCB ensured continued support.

• July 2023: Rent payment was missed due to the school’s oversight.

• August to October 2023: Rent payments resumed as per usual.... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 26, 2023

More information is needed. Was July rent ever paid? Was November rent ever paid? If all past due rent was paid within the 10 days specified in the notice, it likely is a defense to any eviction. You say the eviction process continues but they should not have even filed in court to evict until... View More

1 Answer | Asked in Personal Injury, Education Law, Landlord - Tenant and Municipal Law for Oregon on
Q: Can i sue my university for lack of AC if the heat gets over 98 degrees?

I live in portland oregon where the law is that landlords have to allow ac units in the summer as long as it doesnt damage the building, but my college is claiming that the power needed by a small portable ac unit is too much and threatening to seize my ac! ive had it on for about a month straight... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

An Oregon attorney could advise best, but your question remains open for several weeks. At this point, you may have resolved the issue. But if not, an option is to reach out to a landlord-tenant attorney - that is one of the categories on this forum, although it wasn't selected for this post.... View More

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Education Law for Oregon on
Q: Is it illegal in Oregon to tell someone to kill themself? what if the person told makes an attempt?

An 8th grader told another 8th grader to kill themself on two separate occasions. This was in person on school grounds. The 8th grader who was told to do it made an attempt. Are there any legal consequences for the 8th grader who made the statement? Does it matter that the 8th grader who attempted... View More

Brad  Holbrook
Brad Holbrook pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2023

You asked if there are legal consequences for the 8th grader for telling someone to kill themselves. I don't think there is a "Yes" or "No" answer. I would suggest that most likely, "No", because an 8th grader is not likely to fully appreciate the severity of what... View More

1 Answer | Asked in Contracts, Education Law and Small Claims for Oregon on
Q: I understand that you cannot appeal a small claims judgement but what can you do when the judge rules against law?
Gregory L Abbott
Gregory L Abbott
answered on Feb 16, 2023

Accept it. No appeals means no appeals.

1 Answer | Asked in Personal Injury, Education Law and Public Benefits for Oregon on
Q: I want to sue head start for kicking my son out because he has tourettes and called dhs on me 5 times before they kicked
Tim Akpinar
Tim Akpinar
answered on Jan 17, 2023

An Oregon attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. At this point, one option is to reach out to law firms to see if it's possible to set up a free initial consult to briefly discuss. In addition to your own attorney searches, you... View More

1 Answer | Asked in Education Law and Small Claims for Oregon on
Q: I transferred schools without unregistering from the classes of the previous school. Though I did not receive education

I notified the school when I requested my transcripts. My attendance will show I did not attend any classes. Do I have a case for small claims court?

Gregory L Abbott
Gregory L Abbott
answered on Oct 22, 2021

You don't say what the school's policy is on refunds and/or withdrawal mid-term but it likely would govern. That said, if you didn't tell them I strongly doubt a court would give you any refund.

1 Answer | Asked in Consumer Law, Contracts and Education Law for Oregon on
Q: Can I ignore a state university that is trying to fine me if they do not have my SSN or address?

I considered attending a state university and then never followed through. I had made an email in their system and got no further. They later contacted me via this email and said that I owed them $5,700 for a room and board that I never reserved. They only have this email and my name and they do... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

If they know your name they can easily find out everything else they need to sue you; and they might, do that because of the large amount involved. Accordingly, I do not advise you to start ignoring them now. Your decision to appeal the fine has already pushed them far enough to continue with the... View More

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Oregon on
Q: what if 18 dropped out of high school and will not give me proof of attending online ??

She says she is taking classes on line to graduate but her mom and her refuse to give me the information so I can check to ensure she is despite the fact we have joint custody and is required to. She lied in the past and I found out she failed to do her online school she has not been in school for... View More

Joanne Reisman
Joanne Reisman
answered on Oct 19, 2016

Read the Oregon Statutes regarding child support and a child attending school. You might want to print it out and send her a copy. https://www.oregonlegislature.gov/bills_laws/ors/ors107.html Go to this link and read ORS 107.108. You may also want to read the administrative rules the also... View More

1 Answer | Asked in Education Law and Personal Injury for Oregon on
Q: I have a lawsuit filed in Federal Court against the local school district: can I contact the paper?

My lawyer said "Shouldn't be from you" but my girlfriend called because it was such a travesty & I am in "full-blown" panic mode all the time. Her boyfriend is sports reporter for ANOTHER paper.... he said "Hell yes, people call all the time about their own situation!"

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 21, 2016

Can and should are two different things. Can you, yes, should you, no. Ethics rules prohibit/restrict what attorneys can do in such situations, but not the litigates themselves.

1 Answer | Asked in Education Law and Juvenile Law for Oregon on
Q: Can our public elementary school ban my son from family events after he withdrew from school?

Our 9 yr old son was getting into trouble due to anxiety issues. He was finally suspended for verbally threatening a fellow student that had been bullying him. We withdrew him the next day. His older brother still attends school there. We just received an email from the principal notifying us that... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2016

I do not do public education law by any means, but you have a situation where they possibly could rightful ban him from the school due to the threats he made. People can be trespassed from public places, TriMet does it all the time.

1 Answer | Asked in Education Law and Personal Injury for Oregon on
Q: My daughter is constantly being hit or kicked in school (8yrs old). What are her rights and how do i get it to stop?

I have had multiple sit downs with the principle that always lead to a student being "talked to". However the hands-off policy is never enforced to a point that things will change. What should i do or can i do to let them know that i'm serious about getting the changes that will make... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

If it is the same child hitting yours, you might consider counseling for your daughter. That would establish emotional harm. Then sue the parents and the school for negligent supervision, see ORS § 30.765 as to liability on the parents. For the school, note a tort claim notice has to filed and... View More

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