purpose the audio and video recordings can be used for in the state of Georgia
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answered on Sep 1, 2023
In the state of Georgia, schools are not universally required to have a policy for video cameras in classrooms. However, many school districts and educational institutions do establish such policies voluntarily to address various aspects of video and audio recording within educational settings.... View More 
answered on Jul 3, 2023
Successfully suing a school for accusing someone of a crime they didn't commit can be challenging at best. Here's why:
Immunity: Schools and their employees often have legal protections, such as governmental or sovereign immunity. These protections shield them from certain... View More
My son has been on an IEP since 3rd grade. I have been his sole primary guardian most of his educatuonal life. He has and all been well aware that there is a certified copy of custody papers several in his files. How ever Mr. Robinson decided to violate GA Code 20-2-780 and allowed my sons father... View More
answered on May 18, 2023
You are going to need to file for what is called a "Due Process" complaint against the district which is failing to provide free and appropriate public education to your child (FAPE). Due Process is a term of art within education law that is distinct from other uses of the term you may... View More
In our library after school, there was a venting conversation about things going on in our school and the frustration that another group of people will be resigning. This was wrong. I know that. This was on a day where the space was closed. Just providing background information.
The next... View More
answered on May 6, 2023
While i'm not a Georgia attorney, this sounds like an employment issue rather than an education issue. You should contact your union, you should also review your employment contract or collective bargaining agreement to see whether or not you have already consented to recording through your... View More
Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?
answered on Feb 5, 2023
From a webpage I often rely on:
Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided... View More
My aunt was on site picking up her child when my nephew broke his leg around 2 pm. He was playing basketball at school while waiting on the busses to arrive. The school called the ambulance but never called his mom to notify her. She drove to the school (after my aunt called her) then followed the... View More
answered on Jan 30, 2023
A Georgia attorney could advise best, but your question remains open for two weeks. An important issue here would be the damages resulting from failure to notify a parent. It looks like timely response was made to summon an ambulance. The hospital delay does not appear to be the fault of the... View More
This former president and principal signed the Board resolution to close the school through the assignment process yet continues to obstruct the closure. She ignored a cease and desist letter and operates a new school using platforms and health insurance setup under the closed school’s EIN. The... View More
answered on Sep 12, 2023
The Board can, and should, remove her, elect a new president, and pass new Board banking resolutions regarding who can access the school’s bank accounts.
My daughter sits out of recess daily for incomplete work and my son sits out for behavior reasons and incomplete work or homework my son only has 1 special education teacher who he is supposed to get 1 hour 30 minutes for reading and math there are more then 15 kids and 3 home rooms there is not... View More
answered on Oct 12, 2022
A Georgia attorney could advise best, but your question remains open for three weeks. There is a section here on Education Law. You could repost your question there. You could also reach out to attorneys who practice in that area. They would be familiar with standards for special education needs.... View More
He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me
answered on Sep 7, 2021
It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.
answered on Jul 16, 2021
Because of sovereign immunity, it is difficult to sue state departments and agencies, including high schools in Georgia for injuries sustained while on their property. The Constitution of the State of Georgia provides that “sovereign immunity extends to the state and all of its departments and... View More
I’m from New Jersey I recently moved to Georgia a year ago & been struggling in school every since. When I turn 18 I want to go back home and finish high school and enjoy the last few months of high school with my friends and family.
answered on Nov 6, 2020
Once you turn 18 you will be legally considered an adult and can live where you want to.
answered on Aug 24, 2020
No a 15 year old cannot quit school even with parental consent in the state of Georgia. Mandatory attendance in a public school, private school, or home school program is required for children between 6 yrs and 16 yrs old. The only exception is where the child has successfully completed all... View More
Denied numerous times?
answered on Aug 19, 2020
It may be possible. The law is very new at this point as it relates to COVID-19 cases. It is unclear what these cases will look like. It is certainly worth consulting with an attorney who can assess the specifics of your circumstances and provide you with a more detailed response.
We wish... View More
My wife is a teacher and her school (private) has installed cameras in the classroom to record her teaching and broadcast it for parents and students to watch. Is this legal? Should the school have consent from her or do they not need consent to do this? Don't the parents of the children need... View More
answered on Jul 20, 2020
The private school does not need the consent of your wife to have cameras in the classroom to record activity. While it would be preferable to get her consent, consent is not required. The same goes for the students.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
Last summer (2019), I hired an expungement lawyer to have my criminal record restricted. I was eligible for record restriction as the charges from my 2015 arrest were dismissed. I am a new hire to the school district and am concerned about what shows up on me after my fingerprinting and my criminal... View More
answered on Jun 5, 2020
If you want to know what has been revealed you should run a copy of your own criminal history with a law enforcement agency for employment purposes and see what shows up. Often times there are errors when the records are input into the system.
We were told that if for some reason we could not go on the trip that the school would keep all monies. They did not give us documentation stating that if they cancelled the trip that the children would not receive their fundraiser monies. Now they are saying that the school keeps the monies and... View More
answered on Jun 2, 2020
It depends. Without the ability to review any documentation, it is difficult to provide a definitive answer. However, it is not uncommon for schools to have similar provisions. You may benefit from speaking with an attorney who can review the relevant documentation.
We are glad to assist... View More
Georgia law requirements
answered on May 31, 2020
An 18 year old is legally an adult and the parents to not have to provide them housing. However, they may be considered a tenant and have rights under that circumstance.
answered on Apr 30, 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 circumstances.
We are glad to assist you. Contact us whenever you are ready.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
For the transition checklist ( a part of the IEP) , should another special ed teacher (who is not on that student's IEP team) give that special needs student the checklist for the transition portion of the IEP? Sounds like a breach of FERPA.
answered on Apr 30, 2020
More information is needed before an accurate answer can be provided. It is uncommon for another teacher who is not a part of the IEP team to assess transition goals. It is best to contact an attorney who can assist you with the specifics of your circumstances.
We are glad to assist you.... View More
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answered on Apr 22, 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 circumstances.
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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