Ask a Question

Get free answers to your Education Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Education Law Questions & Answers
1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on
Q: Bullying and emotional distress in special education case at school.

My daughter, who received special education at school, was bullied by school staff for her reading skills. They called her a bad person in front of other children, which caused her emotional distress and made her reluctant to return to school. When she first started, the climate teacher pressured... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

If your daughter experienced bullying and emotional harm caused by school staff, it’s possible to explore legal action. Emotional distress claims often hinge on whether the actions were intentional or negligent and if they resulted in measurable harm. Since you have documented evidence such as... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can I face trouble for being in a dorm room during a noise complaint where others were breathalyzed?

I was in a dorm room when a noise complaint was made. Although there was no physical alcohol present, the room owners were breathalyzed. I was not breathalyzed, and after being asked if we were drinking and stating no, I was let go. Could I face any potential trouble for being in the room during... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In this situation, it’s unlikely that you would face any trouble just for being present in the room during the noise complaint, especially if you weren’t breathalyzed and weren’t involved in any illegal activities. Since you were asked about alcohol consumption and stated that you... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can I sue if my supposed GPA discrepancy hinders my graduation?

I recently discovered a discrepancy between my university advisor's math and the university site regarding my GPA. According to my advisor, my GPA is lower than the 2.15 shown on the university site, which puts me below the required 2.25 for graduation. Based on the university site, I believed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

If the discrepancy between the university’s site and your advisor’s information is hindering your graduation, you may have a few options to address the issue. Start by documenting everything, including screenshots of your GPA as shown on the university website and any communication with your... View More

1 Answer | Asked in Education Law and Entertainment / Sports for Pennsylvania on
Q: Does Title IX apply to sports?

What is Title IX and how does it pertain to sports?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Title IX is a federal law that prohibits discrimination based on sex in any educational program or activity receiving federal financial assistance. This includes sports, meaning that schools and colleges must provide equal opportunities for both male and female athletes. It aims to ensure that both... View More

1 Answer | Asked in Education Law and Civil Litigation for Pennsylvania on
Q: Can my son's school suspension for roughhousing be classified as assault?

I need clarification on whether my 17-year-old son's three-day out-of-school suspension for roughhousing with a friend, who passed out, should be classified as assault or just roughhousing. There was no malicious intent, and the friend, along with his mother, has confirmed that my son did not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

It sounds like the situation with your son’s suspension may be more related to roughhousing than assault, especially given that there was no malicious intent, and the friend does not wish to pursue any further action. Since the school’s code of conduct distinguishes between assault and... View More

2 Answers | Asked in Divorce, Legal Malpractice, Employment Law and Education Law for Pennsylvania on
Q: Attorney inaction and conflict in divorce proceedings.

What can I do if my attorney, who I hired for my divorce after a 35-year marriage, has not filed anything to protect me and seems to have a conflict of interest with my husband's attorney? My husband was the breadwinner while I raised our four children, all of whom have special needs, and... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

I no longer do family law because invariably one or both parties (wrongly) accuse the lawyers of conflicts of interest. You are perhaps overacting but if you believe you have been wronged this way, discharge your lawyer and get a new one. You should have done this the first minute you concluded... View More

View More Answers

1 Answer | Asked in Cannabis & Marijuana Law, Employment Law and Education Law for Pennsylvania on
Q: Concerns about drug test for public school employment as licensed teacher using medical marijuana in Pennsylvania.

I am a licensed teacher in Pennsylvania and use medical marijuana with a valid prescription. I'm applying for a position in a public school where I must submit a drug test for employment. Should I be concerned about the implications of my medical marijuana use on my employment prospects, given... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Navigating the intersection of medical marijuana use and employment, especially in educational settings, can be challenging due to varying state and federal regulations. In Pennsylvania, while medical marijuana is legal for therapeutic use, employers, including public schools, maintain the right to... View More

1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for Pennsylvania on
Q: is it illegal for school staff to watch students use the restroom?

I am in PA and my school has started to have teachers and other school staff stand in the bathrooms and hold the doors open and watch kids as they use the restroom as a way of stopping students from vaping. It is really uncomfortable to try to urinate while your math teacher is watching you, they... View More

Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

This response is for informational purposes only and does not constitute legal advice.

Students have certain privacy rights under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. In schools, these rights are balanced against the...
View More

1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Juvenile Law for Pennsylvania on
Q: Can an opposing party bring a lawyer to a meeting without my consent or knowledge?

My child was injured in school and initially refused care. Was told to sit down when the teacher was informed of a knocked out tooth, blood and pain. Only after numerous attempts of informing the teacher of the injury and pain was my child brought to the nurse who was on lunch break. My child then... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. I hope your child is okay. The short answer to your question is that you may also have the right to bring an attorney. The matter may have been resolved at this point, but you could reach out to Pennsylvania... View More

1 Answer | Asked in Civil Rights and Education Law for Pennsylvania on
Q: can i take action against my high school

I graduated in 06. Background checks for jobs keep returning to me saying they are claiming i didn't graduate. i have a copy of the diploma. when anyone calls the school they say i didn't graduate. It keeps getting harder and harder to advance my career as employers keep thinking i... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

In Pennsylvania, if your high school is incorrectly informing background check agencies or potential employers that you did not graduate, despite you having a diploma, you may have grounds to take action. This misinformation could be considered a form of defamation or negligence, especially if it... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can private elementary/middle schools legally enforce dress codes that only target male students hair styles and length?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2023

Private elementary and middle schools typically have more flexibility when it comes to enforcing dress codes compared to public schools. However, even in private schools, there are limits to what dress code policies can require. If a dress code policy unfairly targets male students' hair... View More

1 Answer | Asked in Civil Rights and Education Law for Pennsylvania on
Q: I was unfairly dropped from my university, and I'm plannning on filing an IDEA claim. Do I have a valid case?

na

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

The Individuals with Disabilities Education Act (IDEA) primarily applies to children with disabilities in the context of special education services in K-12 schools. If you are referring to a higher education institution and believe you were unfairly dropped, your situation may not fall directly... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can my civics teacher put music questions on a test if we where never taught that music in school let alone that class.

My teacher put music questions on my test and it is a big test and we had never been taught music and no it was not in our civics book and the teacher admitted to never teaching music to us can she still put music questions on the test.

John Michael Frick
John Michael Frick
answered on Feb 27, 2023

This is more a question for your school administrator or school board than a legal question for a lawyer.

1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for Pennsylvania on
Q: As a minor in Pennsylvania I was charged with a misdemeanor of an non weighed amount of narcotics on school property

What could I be charged with and sentenced to?

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Dec 18, 2022

If you are charged as a juvenile, your most likely outcome is probation.

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Hi. Iam trying to convince my sons school district to allow his RBT to come to school and they wont budge?

My son is non verbal and moderate on the AUTISM scale. He has attention, and elopement issues, he needs a qualified Registered Behavior Therapist to work with him and get him to work in a regular classroom on task and according to schedule. He needs an IEP but he also needs accommodations like an... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2021

Contact the Disability Law Center in Philadelphia. They work for free.

1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can a parental request for student retention, due to "maturity" concerns, be denied by a public school system?

Student in question has appropriate academic and behavioral data to promote to next grade level.

Jennifer Price
Jennifer Price
answered on Jul 17, 2020

Yes, courts have allowed school districts to override parental desires to retain a student if data supports the school's decision to promote him/her to the next grade.

1 Answer | Asked in Education Law, Intellectual Property and Securities Law for Pennsylvania on
Q: If I left my stuff at a boarding school, and they threw my stuff away. Am I allowed to sue them for it? Usa. PA
Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2020

If they had a stated policy that things left would be disposed of they can do that. A bit tacky, but they could.

Contact the Education Law Center about your rights. https://www.elc-pa.org/

1 Answer | Asked in Education Law and Gov & Administrative Law for Pennsylvania on
Q: How does a state of emergency affect schools in the state of Pennsylvania? Are schools deciding to go cyber legal?

My child is a senior this year, her school has sent out letters saying they wish to go cyber for the rest of the year March 30th. Our family is quarantined at the moment because we have family members who would not be able to survive the virus and the virus is close. Is it legal for my child’s... View More

Jennifer Price
Jennifer Price
answered on Mar 23, 2020

Yes, the school is within its legal rights to disseminate education to its students through online learning. Requiring students to attend school, in person, could put more students at risk than necessary, so providing online education would not violate any laws.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.