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Education Law Questions & Answers
1 Answer | Asked in Education Law and Entertainment / Sports for Minnesota on
Q: My daughter has been ruled ineligible to play sports at a varsity level at the high school she transferred to this year

We were told: "THE Minnesota State High School League Board of Director's has indicated family choice for school type or athletic opportunity will not be considered in the review process.". We submitted documentation in the review s as stated was told our review is incomplete.... Read more »

William Bailey
William Bailey answered on Nov 24, 2020

Do you have a question about the situation?

1 Answer | Asked in Copyright and Education Law on
Q: Hi! i am writing a maths book and i have a query - can i copy problems and questions from various different books ???
Allison Higgins
Allison Higgins answered on Nov 21, 2020

There are a lot of variables here. It would depend on how old the book is whether or not it is still covered by copyright protection, though it likely is. It would also depend on the types of problems you are copying. A simple 2 + 2 would not be an issue, but if you are taking entire paragraphs of... Read more »

1 Answer | Asked in Education Law for California on
Q: What if my son was misdiagnosed at school?

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... Read more »

Maurice Mandel II
Maurice Mandel II 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... Read more »

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... Read more »

1 Answer | Asked in Education Law and Family Law for Georgia on
Q: I’ll be 18 in January, will I be able to move back home and finish high school without my primary parent involved ?

I’m from New Jersey I recently moved to Georgia a year ago & been struggling in school every since. When I turn 18 I want to go back home and finish high school and enjoy the last few months of high school with my friends and family.

Homer P Jordan IV
Homer P Jordan IV answered on Nov 6, 2020

Once you turn 18 you will be legally considered an adult and can live where you want to.

1 Answer | Asked in Criminal Law and Education Law for Ohio on
Q: Can a person get probation for they first time being charged with anything

My mom file charges on my boyfriend and his brother saying they shot at the car this the first time my boyfriend been in trouble . My mom want to give him probation now she want to basically drop it but it’s to late they both in jail for something that never happened

Matthew Williams
Matthew Williams answered on Nov 5, 2020

They should be working with an attorney. They certainly could get probation, but they could easily go jail or prison especially if there was someone in the car.

1 Answer | Asked in Civil Litigation and Education Law on
Q: Can a public school require a webcam to be on during online classes
Tim Akpinar
Tim Akpinar answered on Nov 1, 2020

An Oregon attorney could advise best if there any state-specific elements of law here, but your question remains for three weeks. As a general matter, the practice is becoming more common during administering exams. As for other times, the school might justify it on the grounds of security or... Read more »

1 Answer | Asked in Education Law for Arkansas on
Q: If a president called meeting is to take place, how much notice is required to be given to the public?

Russellville School District has made a habit recently of calling special meetings and not notifying the public until a few hours before the meeting. Today we had 4 1/2 hours notice for example.

Tim Akpinar
Tim Akpinar answered on Oct 29, 2020

An Arkansas attorney could advise best, but your post remains open for five weeks. As a general matter, it's possible such a detail might not be addressed in many school policies or school district policies. You could check those policies, and another reference might be city council members or... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: Can a school refuse to allow a student to transition to f2f if virtual is not meeting the students needs.

Our school offers both f2f and virtual. After 6 weeks, it is clear the Virtual platform is not meeting my students needs. My student has an IEP. I Have requested my student return to f2f but have been told I have to wait until the end of the first trimester (end and of November).

Brent T. Geers
Brent T. Geers answered on Oct 13, 2020

Good question, that unfortunately, I don't believe there is a solid answer. I would suggest, as is often the case with school law, that your advocacy will matter. If necessary, the issue should be addressed with the district's special education coordinator or equivalent, or the school board.

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... Read 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.

2 Answers | Asked in Copyright, Education Law and Intellectual Property for Maryland on
Q: I have a question which involves the rights to intellectual property as teacher in a private grade school.

I was a high school teacher and created about 50 powerpoint lessons in the school's drive. The school locked me out and will not share my powerpoint lessons. I am of course very upset over this. I spent days on one powerpoint alone. The school would not suffer any harm by sharing my lessons... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2020

You may find this article informative on the subject, although it does not address any special statutory or other law in Maryland that may vary from the basic principal that a work made in the course and within the scope of employment generally belongs to the employer:... Read more »

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1 Answer | Asked in Employment Law and Education Law for Louisiana on
Q: Are teachers mandated to submit lesson plans while out on sick leave?
J. Heath Dillon
J. Heath Dillon answered on Oct 4, 2020

A public school system administration (principal / assistant principal, etc) generally is not violating any law by requiring a teacher to submit lesson plans for days the teacher is out on sick leave.

If the teacher feels that this requirement is not being applied consistently and that...
Read more »

1 Answer | Asked in Education Law for Wisconsin on
Q: Our school is refusing to allow our children with health issues to switch to a virtual model. Is this legal?

This is during a pandemic. The school is not screening students as they enter the building which has resulted in students being exposed to children who have tested positive. Our children and a household member suffer from autoimmune issues and one child is awaiting test results for leukemia.... Read more »

Raul Jauregui
Raul Jauregui answered on Oct 2, 2020

I'm very sorry to her of this situation which sounds dreadful, but, I hasten to add, I am not giving any kind of opinion.

I do think, from what little I discern just from this question, that if I was a parent in that situation it would seem to me that at the very least if my child...
Read more »

1 Answer | Asked in Criminal Law, Education Law and Legal Malpractice on
Q: Can my school stop me from seeking legal repercussions for a person who assaulted me at school?

School in new south whales

Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

This is something that an attorney in Australia would need to advise on. But as a general matter in many legal systems, it would be improper for a school to interfere in an individual's private-based claims. You may want to discuss this with your parents first. Good luck

Tim Akpinar

1 Answer | Asked in Constitutional Law and Education Law for California on
Q: Can a first grade teacher show a video highlighting one particular religion? Don't all materials shown need approval?

Do children that "dress differently" have the right to use that as a reason to talk about their religion or sexuality to other classmates?

Maurice Mandel II
Maurice Mandel II 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... Read more »

1 Answer | Asked in Education Law and Employment Law for California on
Q: Do Minor work permits change because of online schooling? Can we work more than 4 hours on a week day?

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... Read more »

Neil Pedersen
Neil Pedersen 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...
Read more »

1 Answer | Asked in Contracts and Education Law for Michigan on
Q: For remote learning, can schools force agreement to the Terms of a private company, exp Zoom, and what if I say no?

With remote learning, what happens if I don't agree to the terms and conditions of a 3rd party company/software, Zoom, Google, etc, they're using, can the state say I'm not teaching my child under the law? What if I don't agree to them being on camera and a 3rd party recording... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 5, 2020

If you don't agree to the terms of service for the video platform your school uses, than you cannot participate in the virtual learning offered through the school. You would then need to elect to send your child to school in-person (if offered), or your child would not be considered an... Read more »

1 Answer | Asked in Education Law for Illinois on
Q: Our school is going to force us to run outside in 99 degree weather in circles with our mask on is this legal

They say it is punishment for not "social distancing enough" and say we have no choice but to run and are going to force us

George W. Svoboda
George W. Svoboda answered on Aug 25, 2020

It's called Physical Education. It is a recommended course under the federal guidelines.

1 Answer | Asked in Civil Rights and Education Law for Florida on
Q: Legality of This

I’m a high school student in Florida. My teachers are saying that theyre going to require webcams and record us because of online learning. As someone who values their privacy, this is very concerning to me. Is this legal?

Charles M.  Baron
Charles M. Baron answered on Aug 25, 2020

While it's generally not legal in Fla. to audio-record someone without their consent, I imagine that the school has made your consent (or your parents' consent on your behalf) a condition of attending the school.

1 Answer | Asked in Education Law for Georgia on
Q: Can a 15 year old quit school in Georgia with parental consent
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 24, 2020

No a 15 year old cannot quit school even with parental consent in the state of Georgia. Mandatory attendance in a public school, private school, or home school program is required for children between 6 yrs and 16 yrs old. The only exception is where the child has successfully completed all... Read more »

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