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Georgia Education Law Questions & Answers
1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Civil Rights and Education Law for Georgia on
Q: What type of attorney do I need for Title IX discrimination issue in education centered around ADA?

I am a student who was discriminated against because of my ADA Disability in my graduate program and was wrongfully dismissed.I need assistance and guidance regarding a Title IX discrimination issue I experienced within my graduate program as a student. I have approved ADA accommodations for my... View More

James L. Arrasmith
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answered on Feb 24, 2024

For your Title IX discrimination issue in education, particularly centered around ADA accommodations, you would benefit from seeking assistance from an attorney who specializes in education law or civil rights law. These attorneys have expertise in handling cases related to discrimination and... View More

1 Answer | Asked in Education Law and Employment Law for Georgia on
Q: Can a math teacher who voluntarily transferred from one school to another school for an open math position who was force

Can a math teacher who voluntarily transferred from one school to another school for an open math position who was forced to teach a science class without their consent be subsequently forced to accept a (science instruction predicated)personal improvement plan (PIP) also known as a personal... View More

T. Augustus Claus
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answered on Jan 16, 2024

It depends on the specific details of the teacher's employment contract, school policies, and state regulations. Generally, teachers are expected to fulfill the responsibilities outlined in their contracts, but if there are significant deviations from the agreed-upon terms, it may raise legal... View More

2 Answers | Asked in Education Law and Constitutional Law for Georgia on
Q: Can a principal search my hidden photos without consent in GA?

Is a high school principal in Clayton County allowed to search through my hidden photos if I got caught cheating on my PSAT? I entered my password for the phone, but my mom never gave permission for them to conduct a full search. I'm 15 years old.

Todd B. Kotler
Todd B. Kotler
answered on Nov 3, 2025

I recommend you double check your code of student conduct. Also review whether or not you waived certain protections when you acknowledged receipt of the code.

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1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Georgia on
Q: Can child molestation charge be lowered for mentally challenged child in Georgia?

Can a child molestation charge be lowered in Georgia if the alleged perpetrator is a 12-year-old with severe ADHD and borderline autism? The child has been prescribed Concerta 36 mg daily for 2 years and lower doses for 4 years prior, and has had an Individualized Education Program (IEP) in school... View More

James L. Arrasmith
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answered on Oct 26, 2025

In Georgia, when the accused is a 12-year-old child with documented developmental or mental health conditions, the case is usually handled within the juvenile court system rather than adult criminal court. Juvenile courts focus more on rehabilitation than punishment, and the child’s mental... View More

1 Answer | Asked in Health Care Law, Education Law and Civil Rights for Georgia on
Q: What actions can I take if school staff disclosed my daughter's mental health info?

My daughter's mental health information was disclosed by a staff member at her school in a spiteful manner, in front of witnesses, during an incident. This event is documented. What legal actions can I take against the school or the individual involved to address this breach of privacy?

James L. Arrasmith
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answered on Oct 24, 2025

If a staff member at your daughter's school disclosed her mental health information without consent, you may have a legal claim for breach of confidentiality. Schools are bound by laws like the Family Educational Rights and Privacy Act (FERPA), which protects the privacy of students'... View More

1 Answer | Asked in Education Law and Civil Rights for Georgia on
Q: What options exist when a school fails to honor a child's 504 plan due to dress code?

Our son, who is on the autism spectrum, faces severe anxiety due to bullying at school, and wearing his baseball hat in class significantly helps manage this anxiety. However, the school has placed him in ISS for wearing his hat, citing a dress code violation. Despite multiple meetings with the... View More

James L. Arrasmith
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answered on Oct 9, 2025

I can understand how upsetting this must be for you and your son, especially when something as simple as wearing a hat could make such a big difference in his comfort and ability to focus. Under **Section 504 of the Rehabilitation Act**, your son has a legal right to reasonable accommodations that... View More

1 Answer | Asked in Education Law, Gov & Administrative Law and Real Estate Law for Georgia on
Q: Can school district enter my property without notice for residency check on my grandson?

I am concerned about the school district office entering my fenced property without notification or permission to check if my grandson lives in our "shop" in the backyard. My grandson and daughter live in the house with us, and we have provided the school district with a notarized... View More

James L. Arrasmith
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answered on Oct 3, 2025

A school district does not have the legal authority to enter your private property without your consent or a court order. Even if they are trying to verify residency for enrollment purposes, they cannot trespass onto your fenced yard to check where your grandson is living. Their role is limited to... View More

1 Answer | Asked in Education Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: District supervisor banned me, froze my child's school registration in Georgia. What can I do?

I was banned from the district building after a confrontation with a district supervisor, who has since frozen my child's school registration. While at the scheduled meeting for discussing a hardship request, which was denied, I expressed frustration to my child, saying he didn't care. He... View More

James L. Arrasmith
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answered on Sep 12, 2025

It sounds incredibly frustrating to be blocked from the district and have your child’s registration frozen, especially when the paperwork is complete and your attempts to communicate have gone unanswered. The first step is to formally document the situation in writing, detailing the timeline of... View More

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Georgia on
Q: What happens if involved in repeated college fights?

I was involved in a fight at college due to bullying, but my dad intervened to prevent an assault and battery charge from being filed against me. I haven't faced any legal actions yet. What are the potential consequences if I am involved in similar incidents in the future?

James L. Arrasmith
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answered on Sep 8, 2025

If you are involved in repeated fights at college, the consequences can escalate even if you haven’t faced legal action yet. Colleges typically have codes of conduct that address physical altercations, and repeated incidents can lead to disciplinary actions such as warnings, probation,... View More

1 Answer | Asked in Education Law and Gov & Administrative Law for Georgia on
Q: Received a witness subpoena for truancy court on a Saturday. How should I proceed?

I received a witness subpoena for truancy court, delivered by a sheriff, scheduled for Saturday, August 29, 2025. Prior to this, I received documents from a school social worker regarding the case. What actions should I take if summoned on a weekend, and how should I handle the information from the... View More

James L. Arrasmith
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answered on Sep 1, 2025

Getting a subpoena can feel intimidating, especially when the date falls on a Saturday. Courts rarely hold hearings on weekends, so the first step is to double-check the date, time, and location on the document itself. Sometimes there may be a clerical error, or the court could have set a special... View More

1 Answer | Asked in Appeals / Appellate Law, Education Law and Contracts for Georgia on
Q: Parent seeks claim against Emory University for unfair honor code judgment.

I am a parent of a student at Emory University, and I am looking to file a claim against the university due to breaches of contract related to my son's academic conduct case. My son was unfairly judged in an honor code case for cheating, which he did not commit. We have already pursued the... View More

James L. Arrasmith
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answered on Aug 31, 2025

It’s very difficult to see your child’s education and reputation affected by what feels like an unfair process. When universities take disciplinary action, they are required to follow their own written policies and procedures. If they deviate from those procedures or apply them inconsistently,... View More

1 Answer | Asked in Education Law, Tax Law and Real Estate Law for Georgia on
Q: How can I establish Georgia residency for in-state tuition at Georgia Tech?

How can I establish Georgia residency for in-state tuition at Georgia Tech for my child? I am currently an Alabama state employee, and my child attends Georgia Tech, where in-state tuition is less expensive. I can rent a residence in Georgia and live there for more than six months, but I plan to... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ll need to create clear, long-term ties to Georgia that go beyond your child living there. First, lease or buy a home in Georgia and actually live there for at least 12 consecutive months—swap your mailing address on bank accounts, utility bills, and voter registration to that Georgia... View More

1 Answer | Asked in Education Law, Civil Rights and Sexual Harassment for Georgia on
Q: Legal help for bullying and discrimination in Georgia schools.

I have been granted a denial of FAPE due process hearing by the Georgia Department of Education due to harassment, bullying, sexual harassment, disability discrimination, and a hostile environment faced by my child in school. I have extensive documentation but haven't retained an attorney yet.... View More

James L. Arrasmith
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answered on Jun 11, 2025

Your situation shares features with several landmark school‐harassment cases: like Davis v. Monroe County, you can pursue a Title IX claim if peer sexual harassment was so severe that the school’s inaction denied a safe educational environment. Under Section 504 and Title II, your child’s... View More

1 Answer | Asked in Criminal Law and Education Law for Georgia on
Q: How should I plead for misdemeanor possession and reckless conduct in Georgia?

I was arrested after I took responsibility for a Delta 9 vape pen found in my daughter’s backpack at school, without actually having the vape personally at the school. I turned myself in as requested by the school resource officer. I am facing misdemeanor charges for possession of low THC on... View More

James L. Arrasmith
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answered on Jun 10, 2025

You’re in a difficult spot, but the fact that you turned yourself in, cooperated, and that DFACS found no reason to intervene already speaks to your character. Since this is your first appearance and you don’t yet have a lawyer, it’s usually best not to enter a final plea just yet. You can... View More

1 Answer | Asked in Education Law and Civil Rights for Georgia on
Q: Teacher showed R-rated movie to minors without consent; legal concerns?

I am concerned about a situation where a teacher showed an R-rated movie to a class of 12- and 13-year-olds without parental consent. The teacher described the movie as educational due to its climate change-related content. However, the movie contained horror scenes with implied sexual content,... View More

James L. Arrasmith
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answered on May 14, 2025

Your concern is completely valid, and this situation raises serious questions about judgment and accountability in the classroom. Showing R-rated content to 12- and 13-year-olds without parental consent goes against most school district policies and may violate state education guidelines. Schools... View More

1 Answer | Asked in Education Law for Georgia on
Q: Eligibility for Extended School Year services in Georgia for a child with an IEP.

I am a parent of a child in Georgia with an IEP who makes progress toward his goals but tends to backslide during breaks. I inquired whether he could be eligible for Extended School Year (ESY) services during the summer to maintain momentum, but was informed that ESY is only for children with... View More

James L. Arrasmith
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answered on May 14, 2025

You're not wrong to advocate for your child, and it's frustrating when your valid concerns are brushed aside without clear answers. ESY services in Georgia—and across the country—are not limited to only children with severe delays or life skills needs. If your child shows regression... View More

1 Answer | Asked in Criminal Law and Education Law for Georgia on
Q: Charged with disrupting a school and possession of a concealed weapon in GA. Not first offense. Court sentencing expectations?

I have been charged with disrupting a school and possession of a weapon, specifically a concealed razor blade. This is not my first offense, but I am not currently on parole or probation. I was also in possession of alcohol but was not charged for it. When I go to court, what sentencing should I... View More

James L. Arrasmith
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answered on May 14, 2025

You're facing serious charges, and the fact that it's not your first offense will likely play a role in how the court handles your case. In Georgia, possession of a weapon on school grounds—especially something like a concealed razor blade—is treated as a felony. Disrupting a school,... View More

1 Answer | Asked in Education Law and Gov & Administrative Law for Georgia on
Q: What are Georgia's laws on cardiac arrest safety in public schools?

What are the legal requirements for cardiac arrest safety measures in public K-12 schools in Georgia, specifically regarding the availability and use of Automated External Defibrillators (AEDs)? I'm also interested in understanding how HB 874 (2024) is being implemented, the training protocols... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Georgia, House Bill 874 (HB 874), signed into law on April 23, 2024, mandates that all public K-12 schools have at least one Automated External Defibrillator (AED) on-site, easily accessible during school hours and school-related functions.

Schools are required to develop a written... View More

1 Answer | Asked in Education Law and Gov & Administrative Law for Georgia on
Q: What age can kids be left alone in a Georgia library?

In Georgia, what is the age requirement for leaving children alone in a public library for more than one hour? Specifically, I'm looking for guidance regarding 7-year-olds and 10-year-olds, as we want to ensure our code of conduct aligns with Georgia law.

James L. Arrasmith
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answered on Apr 13, 2025

In Georgia, there is no specific statewide law that sets a minimum age for leaving children alone in a public library for more than one hour. However, each library may have its own rules and guidelines based on safety and supervision standards. Many libraries expect children under a certain age to... View More

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