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Maryland Education Law Questions & Answers
1 Answer | Asked in Education Law and Juvenile Law for Maryland on
Q: Is it illegal (e.g. "wiretapping") to record the air quality of my daughter's school without first obtaining permission?

I sent my daughter with a CO2 (carbon dioxide) monitor to school to check the ventilation level of her classroom. Is there some legal reason to have obtained permission from the school to record this kind of information (no audio or video, or any identifying information was ever recorded)? (There... Read more »

Mark Oakley
Mark Oakley
answered on Sep 8, 2022

County Boards of Education set the rules on what electronic devices are allowed to be brought onto school campus. This is not a wiretapping issue as it does not concern collection of communications between humans.

1 Answer | Asked in Child Custody, Education Law and Internet Law for Maryland on
Q: Can I seek financial retribution from child academy for forwarding emails to other parent in custody battle situation?

The other parent and I were recently in a custody battle. While my child was at this daycare/center academy, the facility forwarded my emails asking about my child's progress and wellbeing to the other parent. They then used those emails as evidence against me in court (nothing negative was... Read more »

Mark Oakley
Mark Oakley
answered on Jun 18, 2022

Unless you had sole legal custody at the time your child was in daycare and the emails were sent, or there was some contractual agreement covering confidentiality of communications, both parents would have access to their child's records at daycare. Even then, that would not prohibit an... Read more »

1 Answer | Asked in Immigration Law and Education Law for Maryland on
Q: I have a pending asylum, can I get instate tuition. I have a work permit and a SSN. I work and pay taxes in Maryland.
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

Pending asylum does not confer any status to an asylum applicant. You are only permitted to remain in the U.S. and may receive an EAD and a Social Security Number to engage in lawful employment.

However, for the purposes of qualifying for an instate tuition you need to discuss it with the...
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1 Answer | Asked in Education Law for Maryland on
Q: I enrolled and registered my two children to attend Annandale Christian School, (ACS), Laurel for 2021/22 School.

I enrolled and registered my two children to attend Annandale Christian School, (ACS), Laurel for 2021/22 School year in March which I have subsequently canceled in July. However ACS has invited my attention to a clause in the contract which was not properly explained to me at the time of signing... Read more »

Mark Oakley
Mark Oakley
answered on Aug 14, 2021

This forum is not designed for direct solicitation for hiring lawyers, but you are free to search the site to locate a lawyer and then contact that lawyer to discuss potential engagement of ther services. As for your specific issue, the Maryland Court of Appeals addressed an almost identical... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: The Maryland CCU grabbed my 2020 tax refund for tuition I owed in 2003 from community college. Can they do that? JO
Mark Oakley
Mark Oakley
answered on Jun 24, 2021

Yes. Maryland can seize tax refunds for debts owed to the state. The CVU is the collection department of the state.

1 Answer | Asked in Education Law for Maryland on
Q: If a college refuses to show evidence on brining up cyber bullying case against my son, what can I do?
Mark Oakley
Mark Oakley
answered on Dec 19, 2020

I am sure the college has some procedures and rules in place for handling disciplinary matters, if this is being handled as a school disciplinary or expulsion matter. If campus police are involved, then it is a criminal matter that will be handled through the local prosecutor's office in... Read more »

2 Answers | Asked in Copyright, Education Law and Intellectual Property for Maryland on
Q: I have a question which involves the rights to intellectual property as teacher in a private grade school.

I was a high school teacher and created about 50 powerpoint lessons in the school's drive. The school locked me out and will not share my powerpoint lessons. I am of course very upset over this. I spent days on one powerpoint alone. The school would not suffer any harm by sharing my lessons... Read more »

Mark Oakley
Mark Oakley
answered on Oct 8, 2020

You may find this article informative on the subject, although it does not address any special statutory or other law in Maryland that may vary from the basic principal that a work made in the course and within the scope of employment generally belongs to the employer:... Read more »

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1 Answer | Asked in Education Law for Maryland on
Q: If a public high school refuses to or neglects to conduct the pledge of allegiance each morning, what can be done?

It is a requirement according to state law (Maryland) and the county Administrative procedures. Is there a way to force the school system to follow these laws?

Mark Oakley
Mark Oakley
answered on Dec 20, 2019

I have not looked up the statute or regulations on this subject, but assuming your understanding of the law is correct, I would think directing your complaint to the Maryland State Department of Education would be the route to go, as well as possibly raising the issue with your local Maryland State... Read more »

1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Litigation for Maryland on
Q: Can I file charges against the school for not protecting my son?

5 documented cases of events like spitting in my sons lunch, hitting him with a chair, slamming a door in his face and punching him in the face. all documented cases show the same child instigated an unprovoked attack on my son. at no time did my son provoke or even respond.

Ashley VanCleef
Ashley VanCleef
answered on Apr 18, 2019

Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here... Read more »

1 Answer | Asked in Education Law and Traffic Tickets for Maryland on
Q: I got pulled over for not stopping for a school bus — how do I request to not have this show on my driving record???

I was well past the bus before their hazards went on, still got pulled over

Mark Oakley
Mark Oakley
answered on Apr 18, 2019

You request a trial by filling in and mailing the request form portion of the ticket located on the lower right side of the sheet. Check the “trial” box, not the “waiver hearing.” If the officer does not show, you’ll be found not guilty. If they show, you plead not guilty and tell your... Read more »

2 Answers | Asked in Education Law and Gov & Administrative Law for Maryland on
Q: Are Maryland public school teachers considered state employees?
J. D. A.
J. D. A.
answered on Oct 2, 2018

This is a much more complicated question than it appears. For some purposes, school board employees are state employees, and for other purposes they are local government employees. Maryland school boards are an odd hybrid- and the appellate courts are still struggling with how to classify them.

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1 Answer | Asked in Education Law and Personal Injury for Maryland on
Q: My 8 y/o has been physically assaulted in class many times. Admin is aware and done nothing. Can I take legal action
Ashley VanCleef
Ashley VanCleef
answered on Jan 20, 2018

School systems are required to act upon reported acts of bullying. School systems have bullying forms posted on the websites and paper copies are available in the school buildings. This is the best way to document what is happening and to hopefully have administration swiftly take action.... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: Is there any way to stay in Howard County middle school until the end of this school year if you moved in January?

My children currently attend in a Middle school in Howard County. I am trying to keep them there until the end of the school year. Is that possible? They asked for tuition if I stay. I know that the school was received tuition for my children at the beginning of this school year, though.

Ashley VanCleef
Ashley VanCleef
answered on Jan 20, 2018

HCPSS Policy 9000 explains how tuition is assessed as follows:

A student who becomes a nonresident, because the parent(s) with whom the student resides move out of Howard County during the school year, may complete the current school year at the school in which the student is enrolled....
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1 Answer | Asked in Education Law for Maryland on
Q: If a student fails a grade and becomes an adult (age 19), can a school refuse to take the student back and insist they

pursue a GED instead?

Ashley VanCleef
Ashley VanCleef
answered on Jan 2, 2018

If the student has not graduated with a diploma or obtained a GED, they can still attend school through the age of 21 as long as they are not 21 years old on the first day of the school year. There are many protections available for students with disabilities as well as those who can be considered... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: What due process are high school students entitled to if the school is trying to suspend them?
Ashley VanCleef
Ashley VanCleef
answered on Jan 2, 2018

Depends on the length of the suspension.

For short term suspensions, there are 3 basic elements required. 1. Notice of the offense being charged. 2. opportunity for the student to refute the charge. and 3. an explanation of the evidence supporting the charge.

For long term...
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1 Answer | Asked in Education Law for Maryland on
Q: Are students allowed to be held and questioned at school without a parent present?
Ashley VanCleef
Ashley VanCleef
answered on Apr 29, 2017

It depends on who is holding the student and asking the question. School officials such as the principal may question and ask students to write statements related to school incidents.

1 Answer | Asked in Education Law, Criminal Law, Civil Rights and Juvenile Law for Maryland on
Q: Can my son go to jail for taking a knife to school in Prince Georges County Maryland?

He was suspended in November 2016 for 10 days from school. I just found out today he submitted a written statement to the school police, no parent or representative on his behalf was present. He's 13yo and good to public school. I received a call 3/22/17 from Mr. Riggs at the Juvenile Justice... Read more »

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
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... Read more »

1 Answer | Asked in Education Law and Criminal Law for Maryland on
Q: Is there anything I can do about a parent I feel threatened by as a teacher?

The parent has a "no trespass order" from an incident last year where she was verbally abusive to staff members and could not control her behavior.

She violated the order this year and came onto school property. Police were called and told her she had to leave, in which she again... Read more »

Bennett James Wills
Bennett James Wills
answered on Nov 14, 2016

You should start by consulting your superiors. It doesn't seem like from this post you have grounds for a protective order. Or consult an attorney. More information is needed.

1 Answer | Asked in Education Law, Business Law and Construction Law for Maryland on
Q: What is required to run a training school in the construction industry?
Bennett James Wills
Bennett James Wills
answered on Oct 16, 2016

If you're seriously interested in starting a training school, in any industry, you need to get a lawyer. Everything from possibly incorporating your business, to licensing, to partnership contracts, investor contracts, compliance, etc. Too much to go over to answer on a forum.

2 Answers | Asked in Education Law, Constitutional Law and Civil Rights for Maryland on
Q: Can I sue my school on basis of discrimination?
Bennett James Wills
Bennett James Wills
answered on Oct 16, 2016

You could. But as a Plaintiff you'll bear the burden to prove your case. Consult with local counsel.

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