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Maryland Education Law Questions & Answers

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 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 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?

Joseph D. Allen 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 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 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 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 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 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 Joseph 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 practice of... 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 became... Read more »

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 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 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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2 Answers | Asked in Civil Rights and Education Law for Maryland on

Q: My grandson is a special needs child. His Civil Rights are being violated by the school he attends.

He is being bullied and the kids who are bullying him are blaming him and he is getting suspended and in trouble all the time. For instance someone threw a pen cap in the vicinity of the teacher and 2 kids said he threw it (his pens do not even have caps) so he got suspended for 3 days. This has... Read more »

Marshall Jason Ray answered on May 12, 2016

You do not necessarily need a pro bono lawyer. What you should do is reach out to an attorney in your area for a private consultation. Many attorneys give free consultations. Moreover, many attorneys take cases on a contingency fee basis, meaning that they are only paid a portion of any award or... Read more »

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1 Answer | Asked in Education Law for Maryland on

Q: What are my rights to using the bathroom in school?

Do they have to let me go after I ask? ( I also heard if you ask three times then they have to let you go. Is that true?)

Ronald V. Miller Jr. answered on Apr 20, 2016

No. That is not true. There is no 3 ask rule.

1 Answer | Asked in Education Law for Maryland on

Q: Can an LLC represent itself in district court, large claims ($7000)?

Thomas C. Valkenet answered on Feb 22, 2011

No.

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