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Georgia Education Law Questions & Answers
1 Answer | Asked in Education Law for Georgia on
Q: My son is 18 . He has moderate major depression and bipolar II disorder. The school is threatening legal action

They won't take absence notes from me

Say we're over the limit. So his absences are being counted as unexcused. He has a 504 plan

Do we need to get a lawyer?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 16, 2020

Yes, it is best to contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Education Law for Georgia on
Q: Advice on truency situation with 15 yr.

My husband is in jail on a probation violation for truancy. I served from jan 2019 to june 2019 for the same problem. we send our kids to school. Our daughter who turned 15 last week has 18 unexcused absences. I got a list of these after I personally reported her for skipping. The days i went to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 12, 2020

It is best to contact an education law attorney as soon as possible. More details are needed before an accurate answer can be provided.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Criminal Law, Education Law and Gov & Administrative Law for Georgia on
Q: Can school take phone and question child without parent's knowledge for incident that occurred outside of school?

In November my child and others received a nude photo of another child (Victim) from a 3rd kid, (Sender). Child immediately deletes picture and never resent it to anyone. This all happened outside of school.

Today - 2 months later, Victim informs someone at school that picture may be... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

CONTACT A LAWYER ASAP!!

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1 Answer | Asked in Education Law for Georgia on
Q: While a tribuanl is in process or even aftet one is over can a student if parent wants it done can the student transfer

My son has went through this and we are being treated very unfairly and all he wants is his regular classes and band and they are not getting in contact with us about anything and he just wants to go to school and we know nothing

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

Parents have the right to transfer their student at any time, whether it’s before, during or after a tribunal. It is always best to consult an attorney who can represent your student. An education law attorney will ensure the school is conducting the tribunal in a fair and equitable manner. An... Read more »

1 Answer | Asked in Child Custody and Education Law for Georgia on
Q: Kinship affidavit versus PoA

My son is a 14 year old terror right now (stealing, lying, drugs, etc) I, his mother am married with 4 kids of my own. The oldest is 17, then the 14 yr old and a 4 & 3 year old. I have had to kick him out of my house because of unmentionable actions, that I am seeking residential treatment centers... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

The circumstances of your case are unfortunate. In this case, temporary guardianship seems appropriate. Temporary Guardianship is usually filed in Probate Court; this will allow your brother to register your son for school in the district where he resides. It is best to contact an attorney who can... Read more »

2 Answers | Asked in Education Law for Georgia on
Q: I would like to go to nursing school or have a professional lisence abling me to get out of poverty with my children. I

I have a florida grand theft withheld of adjudication from over 7 years ago. Ga now requires level 2 background checks. Is there any way I can be forgiven for my past so my kids future can be better

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 7, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Education Law for Georgia on
Q: What rights are violated for an IEP student that is being harassed & bullied by an educational professional?

Driver grabbed & pulled from his seat (others too), & yells at my child, humiliated, embarrassed, shamed, has had excessive/extreme behavioral "interventions" that are used for kids that are a threat to himself/others, Retaliated after a complaint by confronting child, told his punishment was due... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 13, 2019

Your circumstances are unfortunate. It is best to contact an Education Law Attorney to discuss the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Domestic Violence, Education Law and Juvenile Law for Georgia on
Q: My son is getting bullied and harassed in school. I talked to the principle and it is still continuing. can i press char

There is a gang in the school were my son is getting bullied and harrassed. The leader of the gang keeps approaching him with treats of gang jumping him and fighting. The leader is 13 and the members are 12 or so. Can i press charges against him and the school since i have had a meeting with them... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 9, 2019

The short answer is yes. However, it is important that you contact an attorney as soon as possible to discuss the specifics of your case. We are more than glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law and Traffic Tickets for Georgia on
Q: Can you get in trouble for a burnout (spinning tire) you did at a school on the weekend
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 9, 2019

The short answer is yes. It is best to consult an attorney who can assist you with the specifics of your case. We are glad to assist you. Contact us soon.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Employment Law and Education Law for Georgia on
Q: I teach K-5 music in GLynn Co. GA, teach reading in my planning time & begin early for traffic duty. Extended day pay?

I have been assigned morning and afternoon traffic duty at the same K-5 school for 10 years. I teach a school chorus afterschool one day per week. This year, under a new principal, my planning period was taken away and I am assigned to teach reading during my preparation time, told to do planning... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 20, 2019

Without details about your school district's policy, as written in your employment contract, it is difficult to provide you with an accurate answer. It will be best to consult an attorney who can examine the facts of your case to determine your best course of action.

We wish you well, and...
Read more »

2 Answers | Asked in Education Law for Georgia on
Q: I am 18 years old. Can I drop out of school without my parents permission.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 13, 2019

Most school districts have a minimum age requirement. Since I am not sure what school district you are a student of, I am unable to provide you with an answer. Generally speaking, a student who has reached the age of 18 can withdraw without parental permission.

I encourage you to stay in...
Read more »

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1 Answer | Asked in Education Law, Municipal Law and Public Benefits for Georgia on
Q: Is is legal for a PTA to auction off spots for cars in a "parent pick up line" ?

In an elementary school the parent pick up line starts to form more than 90 min before the students are released at the end of the day. The line is very long and the PTA has auctioned off the first two spots in the front of the line for the two parents (with the highest bid) to arrive anytime... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

I don't hear anything illegal about what you have described. As long as the school's administration approves and there are no safety or traffic laws broken, the PTA can auction off those coveted spots. On the other hand, enforcement may prove interesting!

-The Upshaw Law Firm, (770)...
Read more »

1 Answer | Asked in Education Law for Georgia on
Q: Does this law only influence teachers/ is there a law on lunch time allowance for students?

If a school gives you less than 30 minutes (as a student) for lunch period, is that illegal?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

Sad to say: Yes! States have given schools great discretion and latitude, and your school can make their own lunch time rules. There's nothing illegal about that.

-The Upshaw Law Firm, (770) 240-0922 or (833)4UPSHAW.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for Georgia on
Q: If I have parent consent, can i move out at 17?

I am starting college in January, but will be 17. The school is 45mins to an hour away so we are looking for my own place or a roommate who is 18+. Will my parents get introuble if they consent to it?

Homer P Jordan IV
Homer P Jordan IV answered on Aug 21, 2019

Until you are 18, you have to live where your parents say. If that's on a college campus or near the college and they are saying you can live there then there shouldn't be any issues. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Civil Rights and Education Law for Georgia on
Q: Are you required to answer a teachers' question or could you refuse? Also, would they be allowed to punish for refusal?
Tim Akpinar
Tim Akpinar answered on Jul 14, 2019

It could depend on the nature of the question. If the question is related to the class subject material, it is advisable to answer to the best of one's abilities.

Tim Akpinar

3 Answers | Asked in Child Custody, Education Law and Family Law for Georgia on
Q: Can I enroll in high school at 18 or without a legal guardian?

I'm moving out of my mom's house because of financial reasons. She can no longer support me while I finish high school so I'm moving in with family friends that can. They are in a different county but same state (Georgia) Can I (or they) legally enroll me in the high school there because my mom... Read more »

Kim Ebert
Kim Ebert answered on Feb 25, 2019

The best source for an answer to this question and 1 that may be able to assist in any possible transition would be an appropriate official at the school, such as a counselor or administrative employee. The completion of a high school education is an extremely important step to success in life.... Read more »

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1 Answer | Asked in Criminal Law and Education Law for Georgia on
Q: A teacher at a school yelled in my daughter face and my daughter pushed the teacher now they are pressing charges what..

Do i do?? the report is wrong and i haven’t seen any evidence pretaining to the incident but we got a letter from the court stating that we have a appear in court pertaining to theses changes filed against my 11yr old daughter

David Edward Boyle
David Edward Boyle answered on Jan 4, 2019

Your daughter's case for battery will be in juvenile court where she likely only faces probation even if she is convicted. A more pressing outcome is that she will likely be suspended from school for 10 days and then expelled under the school's zero tolerance program. I would strongly encourage... Read more »

1 Answer | Asked in Education Law, Gov & Administrative Law, Civil Rights and Constitutional Law for Georgia on
Q: Where do I find Georgia regulations for education?

For example, 34 CFR 668.22 for federal regulations for education.

Gary Kollin
Gary Kollin answered on Aug 17, 2018

You google exactly as you have written there

Those are not Georgia

It is federal

CFR stands for Code of Federal Regulations

1 Answer | Asked in Family Law and Education Law for Georgia on
Q: My son is 18 years old,the school is refusing to allow him to transfer himself after he moved.Please help

My sons guardian was my brother,who is having heart problems,my son now lives with me, since I did not enroll him,the school system of Forsyth County Ga, will not give my son his transcripts or me, so he can finish enrollment in another school,He has 3.5 GPA finishing 11th Grade only has 4credits... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Aug 15, 2018

Have you asked the school why they are withholding the transcripts? Start there to see what the problem is. Maybe he owes fines or needs to do something on that end before they release them. If they don't respond, try contacting the school district's main office to see if you can get assistance.... Read more »

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