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Kentucky Education Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Kentucky on
Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

James L. Arrasmith
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answered on Feb 26, 2024

Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More

1 Answer | Asked in Child Custody, Education Law and Family Law for Kentucky on
Q: Child lives with grandma for years, this year school told me that they were told I the NM was no where to be found…

NF who is her son did not technically sign him into school this year. His grandma and her husband did, they signed above the parent/guardian. Childs father signed above the other. Im not forsure what he signed for. Question is , Bc of them standing as De Facto custodian, could they do this? Every... View More

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
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2 Answers | Asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky on
Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they... View More

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
View More

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1 Answer | Asked in Education Law for Kentucky on
Q: Can I sue the school for "accidental admitting" of my daughter?

My kids is 7 and in kindergarten. Her school is telling me that she can no longer go there because she doesn't live in the district. My biggest issue is the fact that half the school year is already over. She has been in this school since August with no issues whatsoever. 2 days ago, I was... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 8, 2024

You have not stated a harm for which the law provides a remedy. If the child is not actually in the district then the school has no duty to educate her.

2 Answers | Asked in Personal Injury, Civil Rights and Education Law for Kentucky on
Q: What can I do?

Child has been hit in face, bullied and called racial names by same child at school..Can the child's parents be held liable or the school?

Timothy Denison
Timothy Denison
answered on Apr 27, 2023

You need to consider suing the parents and the school.

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1 Answer | Asked in Education Law, Civil Rights and Health Care Law for Kentucky on
Q: What rights does the school have to call my child’s doctor to ask information about appointments, missed appointments

My child is on home hospital due to him being sick a lot. I found out that the school called my sons doctor questioning the home health reason and asked when his appointment was and the doctor openly told them that we decided that it may be beneficial for my son to see a therapist the doctor openly... View More

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

None whatsoever. Absolutely none.

1 Answer | Asked in Education Law and Juvenile Law for Kentucky on
Q: My school forced me as a (13 year old student) to give them access to my personally paid for laptop by threatening me

My school forced me as a (13 year old student) to give them access to my personally paid for laptop by threatening me with harsh consequences without consulting my guardian,Is this illegal?

Timothy Denison
Timothy Denison
answered on Dec 22, 2022

No. Unfortunately it is not illegal.

1 Answer | Asked in Contracts, Employment Law and Education Law for Kentucky on
Q: At my job they are trying to make my pto days require approval however it is a unique situation that needs more detail

My job is a contract job and my pto is called non contract days which they deduct partially from each paycheck to cover costs of the days I take off. Can they legally require me to get approval when my contract states that I just need to let them know as far in advance as possible when I need to... View More

Timothy Denison
Timothy Denison
answered on Feb 13, 2022

No. The terms of your contract control.

1 Answer | Asked in Family Law and Education Law for Kentucky on
Q: Any way to get dvo ammended

Ex wife got dvo based solely on her statement, I stipulated out of fear, depression anxiety, lack of knowledge. No proof of violence other than her word. She got sole custody based on prior dui a few years back.

Timothy Denison
Timothy Denison
answered on Jan 20, 2022

If you stipulated to the dvo, it is highly unlikely you can get it amended now.

1 Answer | Asked in Copyright and Education Law for Kentucky on
Q: Can I scan a book and share with my students virtually?

I'm an educator, and I have purchased a class set of books for the year. Due to COVID, we had to go virtual. Am I able to scan the book and share exclusively with my class? There is no digital copy for purchase.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 10, 2021

Ask the publisher

They may be able to grant you a license, or offer a cheap royalty

1 Answer | Asked in Consumer Law and Education Law for Kentucky on
Q: I am educator that created an educational program and all materials by myself. How do I go about protecting my rights?

I have a question on my next step to take. I am educator that has created an educational program and all materials by myself. How do I go about protecting my rights, as I am beginning to see my students' parents utilizing my work in their programs and classrooms without asking for permission... View More

Timothy Denison
Timothy Denison
answered on May 16, 2020

Hire a patent attorney to discuss copyrighting your work.

1 Answer | Asked in Education Law and Criminal Law for Kentucky on
Q: Is it legal for an individual to wear body armor on school property?

I don't mean to raise suspicions with anyone, but I am a student who goes to high school in Kentucky. I am currently involved in a Student Safety Patrol at my school, and my principal was worried about my safety in doing this program. I am the only student involved in handling locker room... View More

Timothy Denison
Timothy Denison
answered on Feb 24, 2020

Consult your school principal. If he says it is permissible to wear the body armor, then do so without reservation.

1 Answer | Asked in Education Law and Juvenile Law for Kentucky on
Q: is it considered trespassing if a student is doing online schooling but is enrolled at the school, if he is on campus?

My boyfriend is enrolled in the Shelby county public schools district, and has one regular class at collins highschool and the rest of his classes are online. he goes to the atc for a welding class then a bus brings him back here, tuesdays and thursdays so he can stay and get work done then take... View More

Timothy Denison
Timothy Denison
answered on Jan 21, 2020

Yes, unless he’s in the halls at the time of his welding class. Schools have the authority to limit or exclude any person from the premises who is not licensed to be there.

1 Answer | Asked in Education Law for Kentucky on
Q: We are doing a school project on a trial run on insane people...any tips?
Tim Akpinar
Tim Akpinar
answered on Dec 19, 2019

If you're asking in the context of the law, it is a very broad subject unless you narrow it down. Insanity could be raised as a defense in criminal prosecutions. Mental health can be an issue in terms of capacity to enter into legal enforceable contracts. It could be an issue in executing... View More

1 Answer | Asked in Criminal Law and Education Law for Kentucky on
Q: My son is 17 and he got caught with marijuana at school im wondering what kind of charges come with this

He got caught with a thc pen at school he is 4 months away from turning 18 can he be tried as an adult?

Timothy Denison
Timothy Denison
answered on Nov 16, 2019

He cannot be tried as an adult although charges could be brought in juvenile court. If he has no record, probably a dismissal or diversion is your end result.

1 Answer | Asked in Civil Rights, Communications Law, Education Law and Libel & Slander for Kentucky on
Q: My college professors, record me in three weeks worth of classes without my knowledge, then put the students up to it.

The students in my class where harassing, by repeating everything I said previous classes. The professors record me and class without my knowledge and played them to my classmates, to get them to psychology miss with me, by repeating all the statements I made the classes were they Secretly video... View More

Timothy Denison
Timothy Denison
answered on Jul 24, 2019

What is your question?

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for Kentucky on
Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of

schedule and fired me . Can I sue for wrongful termination? I was in pain and sick for 6 whole weeks and still showed up everyday . I'm a teacher for a preschool and finally took two days off and now I need surgery and have no job.

Timothy Denison
Timothy Denison
answered on Apr 6, 2019

Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.

1 Answer | Asked in Civil Rights and Education Law for Kentucky on
Q: If reason for reapplying to take a semester in a college nursing program is based solely on an established disability

not previously documented with that college, is it a violation of that student’s rights if the nursing committee denies all applicants without reviewing any reapplications, including the student with the disability? (Said disability was documented with college at the time of application for... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2018

No. Not if they are all denied.

1 Answer | Asked in Education Law, Civil Rights, Juvenile Law and Libel & Slander for Kentucky on
Q: Guy got expelled from my high school for expressing his opinions in a paper; the school took it as a threat. Thoughts?

I knew of this kid, but didn't know him that well. He was a senior, Class of 2018, well mannered, and made good grades. To my knowledge, he had no history of threatening or bullying. He was a class clown, and was involved in the Drama Club, and other school activities. Following the Parkland... View More

Timothy Denison
Timothy Denison
answered on May 5, 2018

We really need to see the contents of the paper to determine whether a threat was made or even intended. Obviously if he’s suing them, his lawyers think he’s on pretty solid ground. Publish the article he wrote when he gives you permission and a much clearer discussion can be had.

1 Answer | Asked in Entertainment / Sports, Criminal Law, Education Law and Personal Injury for Kentucky on
Q: HS Basketball coach made my son switch his shorts with another players shorts that had blood on it during a game.

Is that legal, exposing him to someone else's blood like that?

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

Not prudent but not criminal unless the blood was infected, the Coach knewcor should have know it was infected, and intended harm to your son.

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