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Colorado Education Law Questions & Answers
1 Answer | Asked in Child Custody, Education Law and Family Law for Colorado on
Q: what do we do if the non custodial parent is going to court to take our son for high school.

I’ve been primary custodial parent for last nine years. My ex wife has asked to take our oldest for high school (next year). I’ve stated it’s not in his best interests, she thinks it is. So now that I’ve said no she says she filing with court.

John Hyland Barrett III
John Hyland Barrett III answered on Nov 20, 2017

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.

1 Answer | Asked in Education Law and Family Law for Colorado on
Q: what to do with the primary parent that has our children and their are missing school often and grades are low?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Nov 11, 2017

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.

2 Answers | Asked in Child Custody, Education Law and Family Law for Colorado on
Q: Can the court order a child to miss school for visitation?

The Montrose County Courthouse is trying to tell me that my child has to miss a week of school every other year for Visitation. I thought the Colorado Truancy laws prevented this.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 23, 2017

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)... Read more »

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2 Answers | Asked in Education Law and Family Law for Colorado on
Q: Can a non- parent access student from the Denver Public Schools under FERPA

I am the non-custodial parent of a student who attends Northfield High School in Denver. There are orders for supervised visitation in place. Can I request her records under these circumstances? Thanks

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on May 15, 2017

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)... Read more »

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1 Answer | Asked in Education Law for Colorado on
Q: Moving without telling school?

I am moving in two weeks back to my home state. I was wondering if there's any repercussions for not informing the school that I am leaving? I am already 18, will NOT be living with my parents, and will sign up for online school when I get back to my home state. The state that I live in now is... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 8, 2017

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... Read more »

1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Q: Im under 18. My superintendent/ principal called my work place to find out personal information. Is that legal?

I had to leave my last class of the day because my mother called me out of school so I had time to safely make it to work and my superintendent decided that it was unexcused and called my boss to get personal information without asking either of my parents or me first. I am under 18 and don't feel... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz 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... Read more »

1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Q: My 9 year old continues to physically assault other kids in school. Can I put him in a scared straight program?

He's about to get expelled. He had 11 incidents last year for fighting and 6 so far this year.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 10, 2017

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.

1 Answer | Asked in Education Law, Juvenile Law and Criminal Law for Colorado on
Q: What is the penalty for child educational neglect?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 11, 2017

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.

1 Answer | Asked in Education Law and Civil Rights for Colorado on
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?

I disclosed the fact that I have epilepsy from the first day I attended school there. They say that I can return, but I need a doctor to verify that "I am not a danger to myself or my patients and that I can perform all the duties required of my as a student and for my clinical hours."

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 1, 2016

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... Read more »

1 Answer | Asked in Education Law and Family Law for Colorado on
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
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 22, 2016

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.

I'm 18 y.o. and trying to obtain a green card. I have lived in the US since I was 10 and my mother recently married a US citizen so both she and my sister have green cards, but because I don't have a good relationship with my family my mother refused to help me with the process.

I have a... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 28, 2016

There are ways (esp. via employment), here is a link to the USCIS webpage related to green cards. https://www.uscis.gov/greencard .

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1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Q: Would a minor be penalized if they refused to be breathalyzed when leaving the premises of a building?

So I am about to go to prom as a senior. This is for a high school dance. My principle has made a rule that students must be breathalyzed on the way in and the way out of the dance. It is understandable to be breathalyzed on the way in, but will students be penalized by refusing to be breathalyzed... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 7, 2016

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... Read more »

1 Answer | Asked in Consumer Law and Education Law for Colorado on
Q: Are student loan forgiveness organizations legitimate?

I recently signed on with AFBC - a student loan forgiveness group (that is BBB certified with 1 review on BBB). They claim that they use lawyers to work through new student loan legislation in order to have mine forgiven after 10 years. However, I am worried that after 10 years my loans WON'T be... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Oct 14, 2015

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... Read more »

1 Answer | Asked in Education Law for Colorado on
Q: School District not protecting elem school students from a possibly dangerous child. What can I do

My son is 5th gr. has been an unhealthy fixation for a fellow student (4 yrs now). This other child is labeled has having anger issues and therefor has an IEP. He has been a problem for students, teachers and school administrators. This child is a loner so my son tried to befriend him thinking... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 7, 2015

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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