Education Law Questions & Answers by State

Education Law Questions & Answers

Q: Can my son go to jail for taking a knife to school in Prince Georges County Maryland?

1 Answer | Asked in Education Law, Criminal Law, Civil Rights and Juvenile Law for Maryland on
Answered on Mar 23, 2017

It's a whole other ballgame as to what kids can bring to school. If the knife is illegal in general, then potentially YES if he is charged as an adult. It sounds like they are going to charge him as a juvenile which is not a jail situation but could be reform school or similar. In our practice of juvenile law, generally those cases work out favorably for the defendant compared with a criminal court.
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Q: In Illinois how do I sue a school for intimidation, harassment & discrimination?

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Small Claims for Illinois on
Answered on Mar 23, 2017

It is certainly a challenge, particularly if it is a school funded by any state or local government. I would recommend consulting with an attorney individually for a consultation if you truly believe the school is liable to you for damages.
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Q: Do I legally have my Degree if I met all academic requirements, but the University is withholding due to a balance owed?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Mar 22, 2017

They can withhold your degree, typically, for unpaid balances. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: Is it illegal for a high school teacher to buy a student a necklace online??

1 Answer | Asked in Education Law for California on
Answered on Mar 22, 2017

That may result in the teacher's termination. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: In Illinois is it legal to wear a body camera in a school with the intent to stop bullying? I am at a private highschool

1 Answer | Asked in Education Law and Juvenile Law for Illinois on
Answered on Mar 22, 2017

The rules are whatever the school says. Ask them.
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Q: I want to appeal a rating from the dept of Education, is that done through notice of petition or an order to show cause?

2 Answers | Asked in Appeals / Appellate Law and Education Law for New York on
Answered on Mar 18, 2017

What kind of rating? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice;...
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Q: Can an 18 year old live under someone else's roof while still attending high school?

1 Answer | Asked in Family Law and Education Law for Texas on
Answered on Mar 15, 2017

Just wait 8 days. If her parents do not consent then your family could be committing the crime of Harboring Runaway Child.

See: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.25.htm#25.06
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Q: Can a school release a students medical info without consent

1 Answer | Asked in Education Law and Health Care Law for Massachusetts on
Answered on Mar 11, 2017

Was this release ordered by a court? Why did the release occur? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: What if a person records a public school teacher, but wasn't aware of Section 51512 and erases the recording?

1 Answer | Asked in Education Law for California on
Answered on Mar 11, 2017

See: http://codes.findlaw.com/ca/education-code/edc-sect-51512.html

Your actions seem to violate the law as written, and erasure seems irrelevant. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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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

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...
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Q: i turning 18 in July and can provide for my for myself can my parents keep me from leaving if i don't graduate?

1 Answer | Asked in Family Law, Child Custody, Education Law and Juvenile Law for Ohio on
Answered on Mar 9, 2017

Once you turn 18, you are legally an adult and can make your own decisions, good or bad. If you leave, will you have health insurance? Can you afford to live independently, pay for a car, car insurance, etc.? Why are you not graduating? Do you have plans to complete your education? If not, your options are going to be limited. Talk to a school counselor, family members, or other trusted adults who can provide some perspective and possibly help you avoid making mistakes you might later...
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Q: I live in California, can you get mark down for college classes if you have a death of the family?

1 Answer | Asked in Education Law for California on
Answered on Mar 7, 2017

You may be able to request a leave of absence for such reasons. Consult with the school policies re: the necessary steps. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: what evidence can be used at disciplinary due process hearing?

1 Answer | Asked in Education Law for Massachusetts on
Answered on Mar 6, 2017

That sounds like potentially relevant evidence, if the texts are about the game or related to the misconduct in question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Is it legal (NY) for a police officer to examine and question a minor (13 years) without parent consent or presence?

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for New York on
Answered on Mar 6, 2017

This sounds legal. Your child should be familiarized with his civil rights. See: https://www.aclu.org/issues/free-speech/student-speech-and-privacy

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: we moved back to CA in mid 2014 ; my son (tax dependent) moved back (with us) in mid 2015 after finishing two years at

1 Answer | Asked in Education Law for California on
Answered on Mar 6, 2017

Residency must typically be established prior to applying to the school. Did he do that? Why are they denying his residency status? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Am I allowed to walk out of class for this?

1 Answer | Asked in Civil Rights and Education Law for California on
Answered on Mar 6, 2017

I hear no basis to be truant or leave class. I don't hear a violation of privacy or other civil rights violations. It doesn't sound like an actionable claim. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...
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Q: can my private school ban me from talking to another student outside of school?

2 Answers | Asked in Education Law for Virginia on
Answered on Mar 6, 2017

Inside the school officials have very wide discretion even in public school. Where a private school is concerned, moreover, a student's First Amendment rights are more limited, because free speech is a right one has against the government, not private parties. But ban on talking outside of school, in the absence of threats or abuse, seems rather over broad. You should consider talking to the dean/principal to work things out consensually.
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Q: Is there anyway to legally take a gap year/semester during high school?

1 Answer | Asked in Education Law for California on
Answered on Mar 3, 2017

Perhaps homeschooling is the best alternative here in order to avoid truancy violations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Can IEP goals be worked on if parents have not agreed to them and have not signed IEP?

1 Answer | Asked in Education Law for California on
Answered on Feb 27, 2017

See: http://www.cde.ca.gov/sp/se/qa/pssummary.asp

Parents must consent to special education processes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: My son was in line at lunch when a student threatened to kill his family.

1 Answer | Asked in Education Law for Florida on
Answered on Feb 25, 2017

No, you don't have a lawsuit. You have a 6-year-old in a school which is doing its best (apparently) to control its students.
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