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Georgia Education Law Questions & Answers
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 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 »

1 Answer | Asked in Education Law for Georgia on
Q: Can a school be held responsible for my child contracting COVID-19 when my request to place her in digital learning was

Denied numerous times?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 19, 2020

It may be possible. The law is very new at this point as it relates to COVID-19 cases. It is unclear what these cases will look like. It is certainly worth consulting with an attorney who can assess the specifics of your circumstances and provide you with a more detailed response.

We wish...
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1 Answer | Asked in Education Law for Georgia on
Q: Can a private school install cameras in a teachers classroom to record her teaching without her consent?

My wife is a teacher and her school (private) has installed cameras in the classroom to record her teaching and broadcast it for parents and students to watch. Is this legal? Should the school have consent from her or do they not need consent to do this? Don't the parents of the children need... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 20, 2020

The private school does not need the consent of your wife to have cameras in the classroom to record activity. While it would be preferable to get her consent, consent is not required. The same goes for the students.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law, Education Law and Employment Law for Georgia on
Q: As a teacher w/ restricted criminal record, what shows on my fingerprint & criminal background check to school system?

Last summer (2019), I hired an expungement lawyer to have my criminal record restricted. I was eligible for record restriction as the charges from my 2015 arrest were dismissed. I am a new hire to the school district and am concerned about what shows up on me after my fingerprinting and my criminal... Read more »

David Edward Boyle
David Edward Boyle answered on Jun 5, 2020

If you want to know what has been revealed you should run a copy of your own criminal history with a law enforcement agency for employment purposes and see what shows up. Often times there are errors when the records are input into the system.

1 Answer | Asked in Education Law for Georgia on
Q: Can the school system keep fundraisers that the children worked so hard to earn money for the trip

We were told that if for some reason we could not go on the trip that the school would keep all monies. They did not give us documentation stating that if they cancelled the trip that the children would not receive their fundraiser monies. Now they are saying that the school keeps the monies and... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 2, 2020

It depends. Without the ability to review any documentation, it is difficult to provide a definitive answer. However, it is not uncommon for schools to have similar provisions. You may benefit from speaking with an attorney who can review the relevant documentation.

We are glad to assist...
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2 Answers | Asked in Education Law and Family Law for Georgia on
Q: Can parents kick out an 18 year old if they are still in high school?

Georgia law requirements

Regina Irene Edwards
Regina Irene Edwards answered on May 31, 2020

An 18 year old is legally an adult and the parents to not have to provide them housing. However, they may be considered a tenant and have rights under that circumstance.

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1 Answer | Asked in Education Law for Georgia on
Q: can a teacher make a student re take all of his/her units because he/she finished too quickly?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 30, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law for Georgia on
Q: Can another teacher assess a student with special needs? This teacher has zero legal ties to student.

For the transition checklist ( a part of the IEP) , should another special ed teacher (who is not on that student's IEP team) give that special needs student the checklist for the transition portion of the IEP? Sounds like a breach of FERPA.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 30, 2020

More information is needed before an accurate answer can be provided. It is uncommon for another teacher who is not a part of the IEP team to assess transition goals. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you....
Read more »

1 Answer | Asked in Education Law for Georgia on
Q: I just received UI due to my job being closed for covid I started working online. Can I stop working and collect UI?

N

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 22, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law for Georgia on
Q: My school didn't give me time to get better - can they really let me go?

My admin gave me a letter of things that I needed to work on, about 6 days before the school shut down for quarantine. I met all expectations since then, but received a call today that they are not renewing my contract. How should I proceed?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 3, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law for Georgia on
Q: Can I reopen a tribunal case?

I lost the case in 2017 and was expelled from high school. I was unable to hire a lawyer at the time.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 3, 2020

Unfortunately no, you cannot reopen then tribunal. You would have had 30 days from the tribunal’s decision to appeal that decision. However, it may be best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever...
Read more »

1 Answer | Asked in Education Law for Georgia on
Q: Is there an attendance policy for 18 yr olds in Douglas County, GA? Can I graduate with excessive absences?

I am a senior in high school and my parents recently received a letter from the school stating that I have had 40 absences (30 unexcused) during my senior year; in this letter they cited the Georgia Compulsory Education Law; however, this law doesn’t apply to children over 16. So, is there an... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 2, 2020

You are correct that the compulsory school attendance law does not apply to 18 year olds. It primarily serves as a way for the state to punish parents for their student's truancy. However, each school district has discretionary powers to determine the nature of absences and the requirements... Read more »

1 Answer | Asked in Education Law for Georgia on
Q: My son is 18 . He has moderate major depression and bipolar II disorder. The school is threatening legal action

They won't take absence notes from me

Say we're over the limit. So his absences are being counted as unexcused. He has a 504 plan

Do we need to get a lawyer?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 16, 2020

Yes, it is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Education Law for Georgia on
Q: Advice on truency situation with 15 yr.

My husband is in jail on a probation violation for truancy. I served from jan 2019 to june 2019 for the same problem. we send our kids to school. Our daughter who turned 15 last week has 18 unexcused absences. I got a list of these after I personally reported her for skipping. The days i went to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 12, 2020

It is best to contact an education law attorney as soon as possible. More details are needed before an accurate answer can be provided.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Criminal Law, Education Law and Gov & Administrative Law for Georgia on
Q: Can school take phone and question child without parent's knowledge for incident that occurred outside of school?

In November my child and others received a nude photo of another child (Victim) from a 3rd kid, (Sender). Child immediately deletes picture and never resent it to anyone. This all happened outside of school.

Today - 2 months later, Victim informs someone at school that picture may be... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

CONTACT A LAWYER ASAP!!

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1 Answer | Asked in Education Law for Georgia on
Q: While a tribuanl is in process or even aftet one is over can a student if parent wants it done can the student transfer

My son has went through this and we are being treated very unfairly and all he wants is his regular classes and band and they are not getting in contact with us about anything and he just wants to go to school and we know nothing

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

Parents have the right to transfer their student at any time, whether it’s before, during or after a tribunal. It is always best to consult an attorney who can represent your student. An education law attorney will ensure the school is conducting the tribunal in a fair and equitable manner. An... Read more »

1 Answer | Asked in Child Custody and Education Law for Georgia on
Q: Kinship affidavit versus PoA

My son is a 14 year old terror right now (stealing, lying, drugs, etc) I, his mother am married with 4 kids of my own. The oldest is 17, then the 14 yr old and a 4 & 3 year old. I have had to kick him out of my house because of unmentionable actions, that I am seeking residential treatment... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

The circumstances of your case are unfortunate. In this case, temporary guardianship seems appropriate. Temporary Guardianship is usually filed in Probate Court; this will allow your brother to register your son for school in the district where he resides. It is best to contact an attorney who can... Read more »

2 Answers | Asked in Education Law for Georgia on
Q: I would like to go to nursing school or have a professional lisence abling me to get out of poverty with my children. I

I have a florida grand theft withheld of adjudication from over 7 years ago. Ga now requires level 2 background checks. Is there any way I can be forgiven for my past so my kids future can be better

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 7, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Education Law for Georgia on
Q: What rights are violated for an IEP student that is being harassed & bullied by an educational professional?

Driver grabbed & pulled from his seat (others too), & yells at my child, humiliated, embarrassed, shamed, has had excessive/extreme behavioral "interventions" that are used for kids that are a threat to himself/others, Retaliated after a complaint by confronting child, told his... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 13, 2019

Your circumstances are unfortunate. It is best to contact an Education Law Attorney to discuss the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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