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Pennsylvania Education Law Questions & Answers
2 Answers | Asked in Civil Rights, Employment Law and Education Law for Pennsylvania on
Q: Accused of harassment and leave after reporting student cheating.

I am a professor at a university who caught multiple students cheating and reported it to my supervisor. One of the students was awarded a prestigious college scholarship. After reporting, my supervisor ordered me to stop pursuing the matter, but I refused. Consequently, I've been placed on... View More

Casey Green
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Casey Green
answered on Jun 13, 2025

To supplement what the prior attorney stated, the University likely has a handbook, policies and procedures that relate to due process rights you may have as a professor, and particularly if you're tenured. You've now been unpaid for 4 months. I would not delay any further in hiring an attorney.

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1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for Pennsylvania on
Q: is it illegal for school staff to watch students use the restroom?

I am in PA and my school has started to have teachers and other school staff stand in the bathrooms and hold the doors open and watch kids as they use the restroom as a way of stopping students from vaping. It is really uncomfortable to try to urinate while your math teacher is watching you, they... View More

Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

This response is for informational purposes only and does not constitute legal advice.

Students have certain privacy rights under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. In schools, these rights are balanced against the...
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1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Juvenile Law for Pennsylvania on
Q: Can an opposing party bring a lawyer to a meeting without my consent or knowledge?

My child was injured in school and initially refused care. Was told to sit down when the teacher was informed of a knocked out tooth, blood and pain. Only after numerous attempts of informing the teacher of the injury and pain was my child brought to the nurse who was on lunch break. My child then... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. I hope your child is okay. The short answer to your question is that you may also have the right to bring an attorney. The matter may have been resolved at this point, but you could reach out to Pennsylvania... View More

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 Child Custody, Education Law, Gov & Administrative Law and Family Law for Pennsylvania on
Q: How can I bring my special needs daughter home from a court-ordered placement?

I want to bring my special needs daughter back home from a home in Lancaster due to concerns about her treatment. The court ordered her placement there, but I need guidance on how to get her back without a lawyer. What steps should I take?

James L. Arrasmith
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answered on Jun 11, 2025

Start by contacting your daughter’s assigned caseworker or social worker right away and putting your concerns in writing—describe exactly what treatment issues you’ve observed and ask for an “emergency review” of her placement.

Next, file a pro se motion in the same juvenile or...
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1 Answer | Asked in Education Law and Constitutional Law for Pennsylvania on
Q: School refuses audio recording IEP meetings despite policy.

I have submitted multiple requests to my child's school to audio record IEP meetings as permitted by their board policy because my work schedule prevents me from attending. Despite meeting the requirement of requesting five days in advance, the special education supervisor refuses, citing... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ve followed the district policy by requesting five days in advance, so the principal’s refusal conflicts with the written rules you’re owed. Put your request in writing one more time, citing the exact language in the board policy that grants you the right to record IEP meetings, and ask... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Education Law for Pennsylvania on
Q: Can adult training facilities in PA refuse religious vaccine exemptions?

My 20-year-old autistic daughter, who has a history of seizures, is required to get a Tetanus Shot to attend an Adult Training Facility for disabled students in Pennsylvania. In the past, when she was under 18, we had a religious exemption for vaccine mandates. However, the facility director claims... View More

James L. Arrasmith
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answered on May 31, 2025

In Pennsylvania, adult training facilities are generally regulated under Chapter 2380, which governs Adult Training Facilities for individuals with disabilities. While religious exemptions for vaccines are commonly available for K-12 students, the same rights may not always extend to adult... View More

1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on
Q: High school restroom restrictions affecting students' academic focus and performance due to vandalism policy.

I attend a high school where the administration has banned students from using the restrooms except during the changing of classes, which is allowed for only three minutes. This rule makes it nearly impossible to use the restroom without being late, and students have been threatened with losing... View More

James L. Arrasmith
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answered on May 15, 2025

It’s understandable that this bathroom restriction policy is creating challenges, especially when it directly affects your ability to focus and perform academically. While schools do have the authority to set rules, they also have a responsibility to ensure students’ basic needs, like access to... View More

1 Answer | Asked in Civil Rights, Employment Law and Education Law for Pennsylvania on
Q: Can I sue a college for discrimination after being dismissed due to disability accommodation requests?

I was accepted into a Massage Therapy college that was fully aware of my disabilities, including Autism Spectrum Disorder, Bipolar, and ADHD, discussed during my facility tour. After receiving my FAFSA and requiring my Master Promissory Note, they demanded a doctor's note for accommodations. I... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you sounds not only unfair but deeply hurtful—being dismissed for simply asking for the tools you need to succeed is not something you should have to endure. If the college accepted you while knowing your disabilities, then refused reasonable accommodations like a laptop,... View More

1 Answer | Asked in Gov & Administrative Law and Education Law for Pennsylvania on
Q: Professor denied 'W' grade change request, how to proceed?

I requested my math professor to change my grade to a withdrawal ("W"), but she denied it without any specific reason. My academic advisor is involved, but I was informed that there is no clear rule allowing a professor to deny such a request after the deadline at my institution. How... View More

James L. Arrasmith
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answered on May 14, 2025

It’s frustrating to feel stuck when you’ve tried to follow the right steps and aren’t getting a clear explanation. If your school’s policy doesn’t explicitly give the professor the authority to deny a “W” after the deadline, that’s something worth pursuing further. Since your... View More

1 Answer | Asked in Education Law and Entertainment / Sports for Pennsylvania on
Q: Does Title IX apply to sports?

What is Title IX and how does it pertain to sports?

James L. Arrasmith
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answered on Apr 13, 2025

Title IX is a federal law that prohibits discrimination based on sex in any educational program or activity receiving federal financial assistance. This includes sports, meaning that schools and colleges must provide equal opportunities for both male and female athletes. It aims to ensure that both... View More

1 Answer | Asked in Education Law and Civil Litigation for Pennsylvania on
Q: Can my son's school suspension for roughhousing be classified as assault?

I need clarification on whether my 17-year-old son's three-day out-of-school suspension for roughhousing with a friend, who passed out, should be classified as assault or just roughhousing. There was no malicious intent, and the friend, along with his mother, has confirmed that my son did not... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like the situation with your son’s suspension may be more related to roughhousing than assault, especially given that there was no malicious intent, and the friend does not wish to pursue any further action. Since the school’s code of conduct distinguishes between assault and... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can I face trouble for being in a dorm room during a noise complaint where others were breathalyzed?

I was in a dorm room when a noise complaint was made. Although there was no physical alcohol present, the room owners were breathalyzed. I was not breathalyzed, and after being asked if we were drinking and stating no, I was let go. Could I face any potential trouble for being in the room during... View More

James L. Arrasmith
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answered on Apr 13, 2025

In this situation, it’s unlikely that you would face any trouble just for being present in the room during the noise complaint, especially if you weren’t breathalyzed and weren’t involved in any illegal activities. Since you were asked about alcohol consumption and stated that you... View More

1 Answer | Asked in Education Law for Pennsylvania on
Q: Can I sue if my supposed GPA discrepancy hinders my graduation?

I recently discovered a discrepancy between my university advisor's math and the university site regarding my GPA. According to my advisor, my GPA is lower than the 2.15 shown on the university site, which puts me below the required 2.25 for graduation. Based on the university site, I believed... View More

James L. Arrasmith
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answered on Apr 13, 2025

If the discrepancy between the university’s site and your advisor’s information is hindering your graduation, you may have a few options to address the issue. Start by documenting everything, including screenshots of your GPA as shown on the university website and any communication with your... View More

1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on
Q: Bullying and emotional distress in special education case at school.

My daughter, who received special education at school, was bullied by school staff for her reading skills. They called her a bad person in front of other children, which caused her emotional distress and made her reluctant to return to school. When she first started, the climate teacher pressured... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your daughter experienced bullying and emotional harm caused by school staff, it’s possible to explore legal action. Emotional distress claims often hinge on whether the actions were intentional or negligent and if they resulted in measurable harm. Since you have documented evidence such as... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Law and Education Law for Pennsylvania on
Q: Concerns about drug test for public school employment as licensed teacher using medical marijuana in Pennsylvania.

I am a licensed teacher in Pennsylvania and use medical marijuana with a valid prescription. I'm applying for a position in a public school where I must submit a drug test for employment. Should I be concerned about the implications of my medical marijuana use on my employment prospects, given... View More

James L. Arrasmith
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answered on Apr 13, 2025

Navigating the intersection of medical marijuana use and employment, especially in educational settings, can be challenging due to varying state and federal regulations. In Pennsylvania, while medical marijuana is legal for therapeutic use, employers, including public schools, maintain the right to... View More

2 Answers | Asked in Divorce, Legal Malpractice, Employment Law and Education Law for Pennsylvania on
Q: Attorney inaction and conflict in divorce proceedings.

What can I do if my attorney, who I hired for my divorce after a 35-year marriage, has not filed anything to protect me and seems to have a conflict of interest with my husband's attorney? My husband was the breadwinner while I raised our four children, all of whom have special needs, and... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

I no longer do family law because invariably one or both parties (wrongly) accuse the lawyers of conflicts of interest. You are perhaps overacting but if you believe you have been wronged this way, discharge your lawyer and get a new one. You should have done this the first minute you concluded... View More

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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.

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