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Virginia Education Law Questions & Answers
2 Answers | Asked in Estate Planning and Education Law for Virginia on
Q: Can my 17-year-old daughter in Virginia sign a medical POA for me to make decisions?

My 17-year-old daughter has been accepted and confirmed enrollment in a college in Virginia, where she will be moving three hours away from home. Given our concern for her mental health and potential medical emergencies, can she legally sign a medical power of attorney in Virginia that would allow... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 30, 2025

At 17 years of age, your daughter is still a minor and you still have parental rights, but your daughter, by virtue of being a minor, is a "person under a disability' in Virginia and does not have the legal rights to appoint you. Once she reaches the age of 18, she then has ability to... View More

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1 Answer | Asked in Education Law and Family Law for Virginia on
Q: What does the law say about running away from home at 18 if you are still in high school? Would truancy laws apply?
David G. Parker
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answered on Oct 25, 2024

Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More

1 Answer | Asked in Collections and Education Law for Virginia on
Q: What legal action can be taken if a university withholds a graduated student degree and transcripts due to their error?

The student received an email from the school student accounts and financial aid office the account was paid in full for the last semester before graduation. The student checked in with the registrar's office and student account office before graduation which confirmed the account was in good... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 23, 2024

Pay the balance. Get the transcripts. Sue the school for the money after the fact. Problem solved. Otherwise, you wrangle around in a legal pit and you still don't get the transcripts.

Or, get off the internet and retain an attorney to advocate to the school on your behalf. Sometimes... View More

2 Answers | Asked in Education Law and Immigration Law for Virginia on
Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?

I am a international student in US, I plan to transfer to another school next year.

James L. Arrasmith
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answered on Dec 17, 2023

Yes, you can still transfer to another school even if your F-1 visa has expired, as long as you maintain your F-1 status by remaining enrolled and following all other F-1 regulations.

The key things to note:

- An F-1 visa is required to enter the U.S., but once you are already in... View More

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1 Answer | Asked in Family Law, Tax Law, Education Law and Real Estate Law for Virginia on
Q: Can my niece establish Virginia domicile through guardianship and retain it for benefits after turning 18?

My wife and I, residents of Virginia, have legal guardianship of our 17-year-old niece. Her biological father had his parental rights terminated, and her biological mother, a West Virginia resident, consented to the guardianship due to financial hardship. We provide for all her needs and claim her... View More

James L. Arrasmith
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answered on Sep 2, 2025

In Virginia, domicile is established by living in the state with the intent to remain permanently or indefinitely. Since your niece lives with you under legal guardianship, attends school in Virginia, and is claimed as a dependent on your tax returns, she can demonstrate strong ties to the state.... View More

1 Answer | Asked in Civil Rights and Education Law for Virginia on
Q: Is it unlawful for a VA public school to publish a minor's photo and name without parental consent?

Is it unlawful for a Virginia public institution to take a photo of a minor within the school building, write a story about the minor's educational history, and publish the photo along with the minor's name in their magazine without parental consent, especially if no media release form was signed?

James L. Arrasmith
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answered on Aug 30, 2025

In Virginia, public schools are bound by federal laws like FERPA (the Family Educational Rights and Privacy Act) as well as state policies regarding student privacy. FERPA treats a student’s name, photo, and certain other details as “directory information,” which schools can share publicly... View More

1 Answer | Asked in Education Law and Civil Rights for Virginia on
Q: Banned from school without notification in Virginia, seeking advice

I was banned from Franklin City Public School Middle for no apparent reason and did not receive any notification. What should I do?

James L. Arrasmith
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answered on Jun 11, 2025

You have a right to know why you’ve been excluded and to challenge that decision through your district’s due-process procedures.

First, send a written request—either by certified mail or email—to the school principal or superintendent asking for the specific reasons you were banned... View More

1 Answer | Asked in Education Law, Civil Rights and Civil Litigation for Virginia on
Q: Seeking legal advice on wrongful school suspension due to bullying, seeking policy changes and compensation.

I am seeking legal advice regarding my daughter, who was wrongfully suspended by her teacher due to bullying in her K12 school. The school system has not taken any action against the bullies. I am looking for a policy change regarding bullying, disciplinary actions for the bullies, and potential... View More

James L. Arrasmith
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answered on May 14, 2025

I’m sorry your daughter was punished for behavior she didn’t start—it must feel so unfair to watch her suffer while the real problem goes unchecked.

You’ll want to gather every note, email, and witness statement about both the bullying and the suspension, then submit a formal... View More

1 Answer | Asked in Civil Litigation, Employment Law, Health Care Law and Education Law for Virginia on
Q: Can I sue my school for financial distress after LOA issues in Virginia?

I've been facing emotional stress due to health issues and work struggles, combined with my pregnancy requiring medication changes. My advisor suggested a leave of absence (LOA), which resulted in a tuition balance of $3,404 and a late fee, bringing it to $3,504, along with a hold on my... View More

James L. Arrasmith
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answered on May 14, 2025

This kind of situation can be confusing, especially when emotions run high and things happen quickly. Even though you didn’t actually punch your classmate, pretending to do so could be seen as a threatening gesture. That kind of action might be considered provocation or an attempt to intimidate,... View More

1 Answer | Asked in Education Law, Civil Rights and Personal Injury for Virginia on
Q: Guidance on legal action after son's injury in school altercation in VA.

On November 22, 2024, my sixth-grade son was involved in a physical altercation at school after verbal harassment. A female student allegedly called him "trans" in a derogatory manner and continued despite his pleas to stop, leading him to push her in frustration. She pushed him back and... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to your son is both upsetting and serious, especially since it involved a physical injury and followed repeated verbal harassment. The fact that he was struck in the eye with a hard object, resulting in a hospital visit, shows this went beyond a minor schoolyard conflict. If witnesses... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Education Law and Personal Injury for Virginia on
Q: How to stop school harassment and false rumors?

At my school, people are engaging in harassment by spreading false rumors about me and my boyfriend, claiming we partake in inappropriate physical activities despite being minors. They also ask us inappropriate questions. We've requested them to stop, but the verbal harassment continues. We... View More

James L. Arrasmith
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answered on Apr 8, 2025

I'm really sorry you're going through this. What you're experiencing is harassment, and you absolutely don’t deserve it. The first step is to start documenting everything—write down dates, times, names, what was said or done, and where it happened. Save any messages or online... View More

1 Answer | Asked in Education Law and Civil Rights for Virginia on
Q: How can I stop my teacher from verbal harassment linked to false dating claims in VA?

I am experiencing verbal harassment from my teacher, who has been making inappropriate comments about me and another student, suggesting that we are dating and even referring to the other student by my last name. This behavior has been ongoing every day for the past two months and has been... View More

James L. Arrasmith
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answered on Mar 24, 2025

What you're experiencing is inappropriate and qualifies as harassment. Your teacher's behavior crosses professional boundaries, and you deserve to learn in a safe, respectful environment. Remember that this situation reflects poorly on the teacher's conduct, not on you.... View More

1 Answer | Asked in Education Law and Civil Rights for Virginia on
Q: How to contest a school's legal petition and inadequate transport under McKenney-Vento Act in VA?

My husband and I recently discovered that our children's school filed a legal petition for "Parent Participation" without informing us in advance. We're currently living in a hotel under the McKenney-Vento Act. The school has refused to offer reasonable transportation for my... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation is challenging, and I understand your frustration with both the school's legal petition and transportation issues. Under the McKinney-Vento Act, your children have the right to attend their school of origin regardless of where you're temporarily housed, and the school... View More

1 Answer | Asked in Civil Rights, Education Law and Libel & Slander for Virginia on
Q: How can I legally stop rumors at school affecting me?

I am having an issue at my middle school where rumors are being spread that I'm dating someone, and it's affecting my self-esteem. The rumors started among my friends, and despite asking them to stop, they continue. Additionally, some teachers are spreading the rumors to other teachers.... View More

James L. Arrasmith
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answered on Mar 24, 2025

Dealing with rumors at school can be incredibly challenging, and it's completely understandable that your self-esteem is suffering as a result. While you've already tried asking your friends to stop, sometimes a more formal approach becomes necessary when personal requests aren't... View More

1 Answer | Asked in Education Law for Virginia on
Q: Can a judge order someone to not go to public school?
T. Augustus Claus
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answered on Jul 4, 2023

Judges do not have the authority to order someone not to attend a public school without a valid legal basis.

1 Answer | Asked in Banking, Civil Litigation and Education Law for Virginia on
Q: Does VA law require a notary to sign when notarizing a document?

A document that I recently had notarized by Bank of America is being rejected by my university on the grounds that the notary hasn't signed it. While attempting to research this online, I have yet to find definitive answers.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 26, 2023

There are seven (7) items required for the notary to state on each document being notarized:

1. The name of the county or independent city in which the document is signed

2. The date the document is signed.

3. The notarial statement – what is being notarized (i.e. a... View More

1 Answer | Asked in Employment Law, Education Law and Libel & Slander for Virginia on
Q: My spouse has been accused (verbal and In Writing) of “forcing subordinates” to falsify documents (student grades).

Additionally, her employer (for profit college) has been accused of violating Virginia Board of Nursing practices. The institution is being represented, and tell my spouse “not to worry, they represent her too”…I am afraid she will be made scapegoat. Do I need an employment or defamation attorney?

Steven Krieger
Steven Krieger
answered on May 11, 2022

You may need both, but it depends on the allegations in the complaint and if she's a named party. If not, and she simply wants to sue for the defamation, then you only need a defamation lawyer. I don't think the company's lawyer could properly represent her as well. I'm sure... View More

1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2021

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... View More

1 Answer | Asked in Education Law and Small Claims for Virginia on
Q: Can I take legal action against my school?

My college sent me an email with a balance back in December 2020. I have emailed them and never received a response even when I tried to make a payment. I was sent to collections and started receiving phone calls this month constantly. I have emailed my college and they claim to have never received... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2021

A Virginia attorney could advise best, but your post remains open for a month. One could only speculate as to why the university is not responding to you. One reason could be (and this is only a guess) that once they send a matter to collection, they will stay clear - where the only line of... View More

1 Answer | Asked in Education Law and Tax Law for Virginia on
Q: Can you go after The Department of Education for wrongfully taking full tax refund

My student loans were in default but through the department of education I was placed into a rehabilitation program. I made every single payment each month, I never missed a single one. I am out of default and made all required payments to the program. My tax refund was taken in full by the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 30, 2019

The Department of Education did not violate any laws by taking your IRS refund check as partial payment on your federally insured student loan. Regardless of whether or not your rehab program is up-to-date, the fact remains that you are still in arrears on the student loan debt. Additionally, since... View More

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