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Pennsylvania Education Law Questions & Answers
1 Answer | Asked in Civil Rights and Education Law for Pennsylvania on
Q: can i take action against my high school

I graduated in 06. Background checks for jobs keep returning to me saying they are claiming i didn't graduate. i have a copy of the diploma. when anyone calls the school they say i didn't graduate. It keeps getting harder and harder to advance my career as employers keep thinking i... View More

James L. Arrasmith
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answered on Jan 24, 2024

In Pennsylvania, if your high school is incorrectly informing background check agencies or potential employers that you did not graduate, despite you having a diploma, you may have grounds to take action. This misinformation could be considered a form of defamation or negligence, especially if it... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can private elementary/middle schools legally enforce dress codes that only target male students hair styles and length?
T. Augustus Claus
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answered on Aug 16, 2023

Private elementary and middle schools typically have more flexibility when it comes to enforcing dress codes compared to public schools. However, even in private schools, there are limits to what dress code policies can require. If a dress code policy unfairly targets male students' hair... View More

1 Answer | Asked in Civil Rights and Education Law for Pennsylvania on
Q: I was unfairly dropped from my university, and I'm plannning on filing an IDEA claim. Do I have a valid case?

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T. Augustus Claus
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answered on Aug 10, 2023

The Individuals with Disabilities Education Act (IDEA) primarily applies to children with disabilities in the context of special education services in K-12 schools. If you are referring to a higher education institution and believe you were unfairly dropped, your situation may not fall directly... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can my civics teacher put music questions on a test if we where never taught that music in school let alone that class.

My teacher put music questions on my test and it is a big test and we had never been taught music and no it was not in our civics book and the teacher admitted to never teaching music to us can she still put music questions on the test.

John Michael Frick
John Michael Frick
answered on Feb 27, 2023

This is more a question for your school administrator or school board than a legal question for a lawyer.

1 Answer | Asked in Criminal Law, Education Law and Federal Crimes for Pennsylvania on
Q: As a minor in Pennsylvania I was charged with a misdemeanor of an non weighed amount of narcotics on school property

What could I be charged with and sentenced to?

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Dec 18, 2022

If you are charged as a juvenile, your most likely outcome is probation.

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Pennsylvania on
Q: My college mandated us to get the covid-19 vaccine. We complied. Now they are utilizing wristbands to label vaccinated

Is this legal? They are using a private security company to enforce.

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

So far, it is not illegal. The law about Covid vaccination is in a process of constant changes due to the differing opinions of diverse groups. One day you are prohibited from appearing in public on a mask that conceals your identity and the next day you are required to wear one. Personally, I... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Hi. Iam trying to convince my sons school district to allow his RBT to come to school and they wont budge?

My son is non verbal and moderate on the AUTISM scale. He has attention, and elopement issues, he needs a qualified Registered Behavior Therapist to work with him and get him to work in a regular classroom on task and according to schedule. He needs an IEP but he also needs accommodations like an... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2021

Contact the Disability Law Center in Philadelphia. They work for free.

1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can a parental request for student retention, due to "maturity" concerns, be denied by a public school system?

Student in question has appropriate academic and behavioral data to promote to next grade level.

Jennifer Price
Jennifer Price
answered on Jul 17, 2020

Yes, courts have allowed school districts to override parental desires to retain a student if data supports the school's decision to promote him/her to the next grade.

1 Answer | Asked in Education Law, Intellectual Property and Securities Law for Pennsylvania on
Q: If I left my stuff at a boarding school, and they threw my stuff away. Am I allowed to sue them for it? Usa. PA
Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2020

If they had a stated policy that things left would be disposed of they can do that. A bit tacky, but they could.

Contact the Education Law Center about your rights. https://www.elc-pa.org/

1 Answer | Asked in Education Law for Pennsylvania on
Q: Hi For school I have mock trials coming up and My case is really weak and I was wondering if you could help?

It is for school, I am apart of Defense and my case is really weak.

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2020

You could build up your case by looking up decisions that support the positions you need to argue. The more cases you find in your jurisdiction, the stronger you will make your case. Good luck

Tim Akpinar

1 Answer | Asked in Education Law and Gov & Administrative Law for Pennsylvania on
Q: How does a state of emergency affect schools in the state of Pennsylvania? Are schools deciding to go cyber legal?

My child is a senior this year, her school has sent out letters saying they wish to go cyber for the rest of the year March 30th. Our family is quarantined at the moment because we have family members who would not be able to survive the virus and the virus is close. Is it legal for my child’s... View More

Jennifer Price
Jennifer Price
answered on Mar 23, 2020

Yes, the school is within its legal rights to disseminate education to its students through online learning. Requiring students to attend school, in person, could put more students at risk than necessary, so providing online education would not violate any laws.

1 Answer | Asked in Education Law and Employment Discrimination for Pennsylvania on
Q: Can I be presumed guilty of an anonymous allegation of drinking on the job with no investigation?

I was anonymously accused of drinking at my teaching job. I was forced to leave my room, with all of my belongings. No administrator attempted to speak with me to ascertain if the allegation had any validity. I was then requested (required) to go to an ER to have an alcohol level blood test... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 18, 2019

Sounds like it would violate most union agreements. Contact your union. If you don't have one, contact an attorney who handles employment issues in your area.

1 Answer | Asked in Arbitration / Mediation Law and Education Law for Pennsylvania on
Q: How do I get mediation with my ex-spouse to change the school at which the children attend?

My agreement specifically stipulates that my ex-wife pays for private school tuition if BOTH of us agree to send our children there. My 13yo daughter now wants to attend the public school in the district in which I live. We have a 50/50 custody arrangement.

Penelope A. Boyd
Penelope A. Boyd
answered on Sep 30, 2019

This is a custody question. Your custody order will very likely indicate shared legal custody, so both parents must agree, or a court must order, educational decisions.

If you and mother discuss this and cannot reach an agreement, you have the option of going to court and filing a petition...
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1 Answer | Asked in Education Law for Pennsylvania on
Q: Can a parent demand a certain level of math placement in a PA middle school? Can the school district say no?

My daughter was recommended for top class two years in a row by the classroom teacher. We declined but found that last year was not challenging for her. Now that we want to try the top class they are saying no. Can we force it?

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2019

You can ask for an IEP but talking to the counselor would be your first step. Let you kid be challenged if she is willing to be.

2 Answers | Asked in Education Law for Pennsylvania on
Q: If someone jumps on your back, and you swing them and they hit something, who is the assulter?

It happened at my school. I'm a ELA teacher, and a kid jumped on anothers back. The other person, lets say his name is Mason and the jumper is Peyton. Mason swinged him into a table. No blood. No injury accept bruises. Peyton says he is going to report Mason to the office. Who's fault is it?

Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

More Peyton than Mason. Let the office sort it out.

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1 Answer | Asked in Education Law for Pennsylvania on
Q: What are the requirements for education deductions for the state of Pennsylvania? Not a college course. Online seminar.

I am referring to an online film industry seminar that I chose to participate in.

The woman in charge says that the class can be written off for taxes entirely (and it’s expensive), but she’s from California and I’m from Pennsylvania. I have done some research after already entering... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

See if they will let you out as they held it out as tax deductible and it's not. They should know better. You are paying bricks and mortar tuition for an online course. Request a termination in writing. Hard copy not just email. If they don't give it file a complaint with the consumer... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: If my child's middle school is trying to expel him can we fight it?
Cary B. Hall
Cary B. Hall
answered on Jul 23, 2018

Yes.

1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on
Q: What are the consequences for a school that begins to promote a specific religion?
Jennifer Price
Jennifer Price
answered on Apr 19, 2018

It depends on the type of school. There can be significant consequences if this is a public school.

1 Answer | Asked in Family Law and Education Law for Pennsylvania on
Q: My ex wife is allowing our children to fail at school. We live in Pa. She moved them quite a distance from me. Neglect?

My son has failed the same grade for two years now and my children have missed 30 days most of which is not excused. Is this neglecting my kids. She has shut me out lies constantly. I have contacted the local district. What else can I do??

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 8, 2018

I suggest that you consult with an experienced family law attorney in the county where your children reside. It would seem that your recourse is to file to modify the custody order, perhaps even request custody, but it's hard to know whether that's something you can consider without being... View More

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