Colorado Education Law Questions & Answers

Q: what do we do if the non custodial parent is going to court to take our son for high school.

1 Answer | Asked in Child Custody, Education Law and Family Law for Colorado on
Answered on Nov 20, 2017
John Hyland Barrett III's answer
You should retain an attorney to respond to her motion. There are different standards for the court to apply depending on the amount of time you have had versus what she is requesting. That may be "best interests of the child" or 'endangerment", depending on the facts of your case.

Q: what to do with the primary parent that has our children and their are missing school often and grades are low?

1 Answer | Asked in Education Law and Family Law for Colorado on
Answered on Nov 11, 2017
Tristan Kenyon Schultz's answer
These facts can be used in a modification request.

Contact an attorney to evaluate the strength of a modification request. Expect to pay for the attorney time and assistance.

Q: Can the court order a child to miss school for visitation?

2 Answers | Asked in Child Custody, Education Law and Family Law for Colorado on
Answered on Aug 23, 2017
Tristan Kenyon Schultz's answer
The short answer is no, this is not the intent of the courts. Due to the many different school schedules, it is likely that the judge was not aware of the conflict when the order was promulgated. You have two basic options: (1) work-out an accommodation with your ex so this does not happen or (2) request a modification to prevent the conflict.

Q: Can a non- parent access student from the Denver Public Schools under FERPA

2 Answers | Asked in Education Law and Family Law for Colorado on
Answered on May 15, 2017
Tristan Kenyon Schultz's answer
Under FERPA disclosure of a student's records are generally restricted to parents (legal) and school administrators. There are exceptions. For step-parents or other non-legal parties to get access either have one of the legal parent(s) request the information from the school or have the parent(s) provide written consent to disclose and send this to the school. If this relates to a court case, you can also subpoena the information by requesting a judge to sign-off on the subpoena duces tecum...

Q: Moving without telling school?

1 Answer | Asked in Education Law for Colorado on
Answered on Apr 8, 2017
Tristan Kenyon Schultz's answer
Absent a court mandated reporting, you are generally not required to notify the school. However, it may be advisable since you will likely want to transfer your records to a new school. Truancy laws do not normally apply to adults (18 and over) unless a rare exception applies, so there should be no legal ramifications for leaving school in Colorado (and transferring and/or deciding to take the GED).

Q: Im under 18. My superintendent/ principal called my work place to find out personal information. Is that legal?

1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Answered on Mar 9, 2017
Tristan Kenyon Schultz's answer
There are not clear rules on this matter. A call to review the nature of the "absence" is well within the powers of the school. In the process certain personal information is likely to be disclosed. The scope of the disclosure is an issue. It is not clear what information was released, but basic info. related to your employment is arguably a reasonable exercise of the school's powers.

You can contact a lawyer to review the circumstances, but probably the best approach is to try to make...

Q: My 9 year old continues to physically assault other kids in school. Can I put him in a scared straight program?

1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Answered on Feb 10, 2017
Tristan Kenyon Schultz's answer
I would contact the school counselor for suggestions. I am not sure if there is a voluntary scared straight program in Denver--even then, 9 is a bit young for this type of program. Clearly there is something wrong, you may want to consider both parenting and child classes/therapy.

Q: What is the penalty for child educational neglect?

1 Answer | Asked in Education Law, Juvenile Law and Criminal Law for Colorado on
Answered on Jan 11, 2017
Tristan Kenyon Schultz's answer
Child neglect is typically associated with physical abuse and/or failure to provide a minimum standard of care. Education is not typically charged under dependency and neglect without more significant charges. Truancy is more common if there is no (or insufficient) evidence of more sever abuse.

Q: I am a student and I have epilepsy. Now my school is saying I can't continue to go. Is this a descrimination case?

1 Answer | Asked in Education Law and Civil Rights for Colorado on
Answered on Sep 1, 2016
Tristan Kenyon Schultz's answer
I'm confused. Your facts state that the school requires you provide a doctor's note that you are not a safety to yourself or others as a condition or enrollment and not that they are wholly preventing you from attending. It should not be hard to find a doctor to certify that your epilepsy is not a danger. As for the request for a verification, you can contact a discrimination lawyer to pursue your options. If this relates to the medical professions or general public safety the school is...

Q: hey can my mom register me for school if she does not have custody over me and my dad wants nothing to do with me

1 Answer | Asked in Education Law and Family Law for Colorado on
Answered on Jul 22, 2016
Tristan Kenyon Schultz's answer
More information is needed. If your mother has no parental rights, she likely cannot register you. This should be answered in your custody agreement.

Q: I'm 18, how do I get a green card w/o help from my family? Have work permit, but passport is expired.

2 Answers | Asked in Education Law, Employment Law, Family Law, Gov & Administrative Law and Immigration Law for Colorado on
Answered on Apr 28, 2016
Tristan Kenyon Schultz's answer
There are ways (esp. via employment), here is a link to the USCIS webpage related to green cards. https://www.uscis.gov/greencard .

Q: Would a minor be penalized if they refused to be breathalyzed when leaving the premises of a building?

1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Answered on Mar 7, 2016
Tristan Kenyon Schultz's answer
This is not a legal requirement, but apparently a local school policy (I assume it is not a district policy). It is possible that testing before entry in legal (under the logic that this is a private event), but this is open to a lot of interpretation. As for the testing before leaving, that seems rather questionable. I don't know what the penalties are: baring re-entrance seems reasonable, but having penalties carry beyond the event is very questionable. I would contact the principal for...

Q: Are student loan forgiveness organizations legitimate?

1 Answer | Asked in Consumer Law and Education Law for Colorado on
Answered on Oct 14, 2015
Tristan Kenyon Schultz's answer
These places are usually scams. For government loans there a very, very limited number of way to forgive some debt (the biggest being serving on active duty in a war zone)--there is NO 10 year rule that triggers forgiveness. Private loans never forgive debt. Bankruptcy only allows debt elimination in very rare circumstances (you need a special court hearing and 5-10 years after the loans were taken out).

The best option is to look into way to look into ways the defer or extend the term...

Q: School District not protecting elem school students from a possibly dangerous child. What can I do

1 Answer | Asked in Education Law for Colorado on
Answered on Oct 7, 2015
Robert Jason De Groot's answer
Go speak with the administration about these problems. If that does not get something resolved, go seek the advice of a local attorney.

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