Get free answers to your Education Law legal questions from lawyers in your area.
The other girl pushed first and it was a group of girls beating my daughter me and my older daughter arrived and got on the bus to get my daughter when the other girl attacked my older daughter and in self defense she fought back i yelked to ither girl get off her so she didnt listen so i told my... View More 
answered on Sep 27, 2021
more info is needed.
are you just looking to deal with the Expulsion?
did you request a hearing or has there been one?
in other words, what are you looking for?
answered on Sep 21, 2021
Yes. You are under the protection/control of the school until you return home.
Can a school district require students with disabilities to wear a face mask to attend school? Even with a doctors note stating they can not wear a mask due to their health/disability? What about for bus transportation? Can the school tell the student they can not ride the school bus if they... View More
answered on Jun 29, 2021
This is a complex issue. There are a number of variables which haven't been addressed, such as the age of the student; whether the student can be or has been vaccinated against Covid19; and what exactly is the nature of the student's disability. Without knowing what these variables are,... View More
A teacher has displayed incompetence as well as a multitude of inappropriate attitudes such as intimidation. Does this teacher have to be included in all discussions relating to the changing of the grade? Are there scenarios where this doesn't apply? Can the teacher be included in the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2021
Although a teacher must be given an opportunity to offer comment and evidence in support of their grade, the actual grade appeal process often proceeds completely through written submissions. It isn't necessarily the case that you will have to present your side of the story in a face-to-face... View More
My child is coming home from 8 months of residential care. A PHP or IOP is being recommended as transitional care.
answered on Mar 17, 2021
School districts are required to provide students on IEPs a free appropriate public education. You would have the burden of proving that your child requires the PHP or IOP in order to access his/her education.
answered on Mar 9, 2021
Are you doing a homework assignment, or just curious about dress code laws? You have asked perhaps 8 questions all about various aspects of an employer's or school's right to enforce certain dress codes. The diversity of the factual bases for your questions suggest this is not about a... View More
answered on Dec 9, 2020
In MA, it would be the child unless parents have guardianship. The statute of limitations under IDEA is only 2 years, so depending on the facts (including when you knew or should've known there was an IDEA violation) you may only be able to go back to 2018. I would highly recommend... View More
I attended a private Christian High School in California between the years 2006 and 2008, a few years later I learned that those who attended that high school did not receive valid high school diplomas in the state of California. Two people that attended this school confirmed that they had to go... View More
answered on Dec 4, 2020
Possibly. It depends on what the school represented its status was while you were attending. If it said you were going to receive a valid HS diploma, this would be fraud. You could be entitled to a refund of tuition or the cost of obtaining a GED.
Justia disclaimers below, incorporated herein.
My son was misdiagnosed with supposed symptoms of COVID-19™. The district nurse said my son complained of a headache after running around with a mask on. A different student in her care complained about a sore throat.
The nurse crossed out 'bad headache' took my son's... View More
answered on Nov 13, 2020
With schools just starting to re-open and pressures on districts from Parents regarding both health concerns for safety and getting the students back in school, the schools are going to be over cautious to be sure that any student with even a hint of a symptom is thoroughly vetted. If you think... View More
Do children that "dress differently" have the right to use that as a reason to talk about their religion or sexuality to other classmates?
answered on Sep 10, 2020
Interesting question. Answer: It depends on how the teacher presents the discussion about the religion, and there is no limit on what students can talk about among themselves. If the teacher's presentation is for the purpose of discussing a different type of religion, or sensitizing students... View More
Since schools have been moved to online and we are not physically going to school, can a 17 year old work more than 4 hours on a Monday? My boss doesn't know for sure but my school did provide a new work permit providing new hours, but my boss would like to make sure its legal before he takes... View More
answered on Sep 9, 2020
There have been no changes to the laws related to minors working that have come about as a result of the Covid situation. Therefore, the same limitation on the number of hours a minor can work apply now as before.
Your boss needs to get specific, confidential advice from his attorney, not... View More
In a specific situation, a friend of mine who's finally said something about what they had to endure in their seventh grade year. This was about two years ago. What had happened was that their bag which contained their Hmong cultural clothes and very clearly had her name on it was stolen by... View More
answered on Jul 27, 2020
First, the person who was wronged needs to post for themselves, otherwise this is just an "I am curious" posting. Claims against public agencies are subject to a requirement for the presentation of an administrative claim usually within 180 days, of injury. Since this happened two years... View More
Hi, I’m just wondering recently I’ve been going to a technical school and we had to complete certain things in the class to get our certification but since covid happend the school was forced to close and we weren’t able too, and when I had talked to the counselor about it even though I was... View More
answered on Jul 23, 2020
Read your contract. Take it to an attorney specializing in Education Law or Business Law and have him review it as to your rights. If you are not satisfied, file in Small Claims Court. This is essentially a breach of contract, you may be able to get your money back, it depends what the contract... View More
Private school won't give me refund for my child's language class due to closure since March. They switched to online class, but the teacher didn't contact us prior so we couldn't attend online class, even if we can I don't feel as if the teacher was capable of teaching... View More
answered on Jul 23, 2020
Make sure you have put your request for a refund in writing, which will be evidence. File in Small Claims (up to $10,000) and take your case before a judge. There are a lot of posts on this question, and no sure answer. Be sure to review your contract with the school.
Justia disclaimers... View More
answered on Jul 12, 2020
Go to the administration building of the school and tell them. If you have guardianship over you, tell the school about that too.
As many student are concern here is that we know in our part 141 flight school is qurentining the student that have it might have the COVID19 in their room but no information are given out to the other healthy student so that we can be more aware ourself.
Myself and few other student are... View More
answered on Jul 4, 2020
We considered something similar to that issue some time ago in this post which might guide your research. https://www.studentmisconduct.com/news/what-happens-if-i-tell-my-school-that-i-tested-positive-for-coronavirus-or-covid-19
I am using this for educational matter. A professor left me a telephone voicemail message. Then have dismissed me. I am currently writing an appeal and wondering if I can using and voicemail as an evidence
answered on Jun 27, 2020
I am not aware of any prohibition against using the voicemail message as evidence. Wiretap recordings are prohibited because they are made without the knowledge of at least one party to the conversation, but a voicemail is deliberately and knowingly left on a recording device. It is the same as if... View More
answered on Jun 27, 2020
It depends, on the terms of your contract and the CBA or MOU with the teacher's union for the district. So much more information is needed that it is not possible to provide a more definitive answer. As a member of the teacher's union, you can file a grievance if you believe the... View More
answered on Jun 24, 2020
It depends on the language of the proposed release. You should contact a contracts or School Law attorney in your local area for a full consultation.
Justia Disclaimers below, incorporated herein.
And this teacher has the most seniority in that dept We are a district of 1 high school and 5 k-8s
What is the protocol when a teacher loses one section of her assignment?
answered on Jun 22, 2020
You should contact your Union to discuss this. Part of this is governed by the union contract and part of it is governed by the Ed Code. Union should be able to advise you on both.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
