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Illinois Education Law Questions & Answers
2 Answers | Asked in Civil Rights, Education Law and Juvenile Law for Illinois on
Q: What can I do to protect my child if a boy keeps emotionally & mentally bullying her and its a private school?

Boy is an immigrant that is a classmate that has slapped my child in the face and keeps bothering my child. I spoken to the principal several time as well as the teacher but nothing has been done about it. Boy doesn't speak any English.

James L. Arrasmith
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answered on Mar 20, 2024

If your child is being bullied, your priority is her well-being and safety. Since you have already spoken to the principal and teacher without resolution, consider writing a formal complaint detailing all incidents and previous communications. Ensure that this is submitted to the school's... View More

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1 Answer | Asked in Education Law for Illinois on
Q: Can my high functioning, 10 year old son, w/Down syndrome be denied general education classes & a 1-1 aide in school?
Todd B. Kotler
Todd B. Kotler
answered on Mar 13, 2024

In a word "yes"! It is the demonstrated needs of the child, rather than a diagnostic label that drives what services he or she receives as part of an IEP. If you plan to make an argument that he should receive a 1 to 1 aide, then you need to be able to point to the collected data (from... View More

1 Answer | Asked in Education Law, Employment Law and Contracts for Illinois on
Q: I work in Cook county as a secondary teacher for a private school and want to break my contract.

I have health issues and was not informed that I would be teaching in a building with poor HVAC. Most days of the week I experience headaches and spend most of my free time recuperating. My contract requires a 3 month notice. I am looking for a position outside of teaching with a better work... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 3, 2024

I'm sorry to hear about your situation. If you have a diagnosis from a doctor indicating a disability that contributes to your headaches, it's advisable to explore reasonable accommodation options with your employer. Under the Americans with Disabilities Act (ADA), employers are required... View More

1 Answer | Asked in Education Law for Illinois on
Q: Can I use my parents address to register our kids for school? We live one town over.

We have done this for a few years. This year we registered our kids. They took our money. Gave us a bus schedule and locker numbers etc. My kids got to school today and they sent them home stating my parents aren't their legal guardian.

T. Augustus Claus
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answered on Aug 16, 2023

Using a false address to register your kids for school can potentially lead to legal issues, including residency fraud. School districts typically have residency requirements that students must meet in order to attend their schools. Using an address that is not your actual residence to register... View More

1 Answer | Asked in Civil Litigation, Copyright and Education Law for Illinois on
Q: My University is accusing me of plagiarism, but it was public domain and my version of it, am I innocent?

I am a costume designer for our musical, Tintypes. This show features Anna Held as a character, so I found a public domain picture of her in a dress I wanted for the show, and traced it to draw out a rendering. The school is saying it is plagiarized because I traced a picture I didn't take.... View More

James L. Arrasmith
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answered on Feb 25, 2023

The issue of plagiarism can be complex and depends on the specific circumstances of the case. Tracing a public domain image is not necessarily considered plagiarism, but it may still be considered a violation of copyright law if the traced image is substantially similar to the original work.... View More

1 Answer | Asked in Education Law for Illinois on
Q: my school is searching people for alcohol and is performing random searches on people can I reject search and if so how
T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

As a student do not expect privacy in: Lockers, Desks, Parking lots, other school property or equipment owned or controlled by the school, or the school's personal property in any of the areas above.

School authorities can search those areas without prior consent of students. They do...
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1 Answer | Asked in Education Law and Libel & Slander for Illinois on
Q: if a school district refuses to release my child to me at the end of school, what are my rights ?

should i sue them, they cannot with hold my child from me, i was told they had paperwork saying that was not allowed, that is not the case, they lied to me. There is no abuse or neglect, what are my rights ?

Todd B. Kotler
Todd B. Kotler
answered on Feb 13, 2024

This question sounds like there are details missing. You do not indicate whether or not you are mother or father, or whether there is pending litigation over the custody of this child. Given the limited information you have provided, i would suggest writing the school and asking them to provide a... View More

1 Answer | Asked in Education Law for Illinois on
Q: Can I move out at 17 in illinois with my mom’s consent but not my dads

My mom said once I turn 17 I can move out but my dad still isn’t sure

T. Augustus Claus
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answered on Jul 11, 2023

The legal age of majority is 18. Without a court order or legal emancipation, you generally need consent from both parents to move out before turning 18.

1 Answer | Asked in Personal Injury and Education Law for Illinois on
Q: My son is in 1st grade, today he was hit multiple times by another student who he doesn’t even know.

He’s never even spoken to this kid. He walked up to my son during lunch and started kicking him and hitting him. There is supposed to be lunch attendants making sure this stuff doesn’t happen. No body helped until my son was crying. His friend was screaming and asking for help. A teacher came... View More

Charles Candiano
Charles Candiano
answered on Aug 31, 2022

There have always been bullies. There probably always will be bullies. There is no law to invoke. If the school has a zero-tolerance policy about violence, the aggressor should be reprimanded. Request a meeting with the principal to express your concern and to request that the student be... View More

1 Answer | Asked in Criminal Law, Education Law, Contracts and Personal Injury for Illinois on
Q: can you sue a Montessori school if something happens to your child?

My son is attending a Montessori school and they had me sign a contract stating that I can’t sue them ever even if something happens due to their negligence

Charles Candiano
Charles Candiano
answered on Feb 28, 2022

It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.

1 Answer | Asked in Education Law for Illinois on
Q: Our school is going to force us to run outside in 99 degree weather in circles with our mask on is this legal

They say it is punishment for not "social distancing enough" and say we have no choice but to run and are going to force us

George W. Svoboda
George W. Svoboda
answered on Aug 25, 2020

It's called Physical Education. It is a recommended course under the federal guidelines.

1 Answer | Asked in Family Law and Education Law for Illinois on
Q: Can I sue a medical school for fraud or discrimination? I was dismissed due to poor grades from a mental disability.

I was diagnosed with OCD my first year of medical school. I failed three classes my first semester and the school told me to take time off and come back the next year. I came back and passed two semesters but then failed another class the semester after that. Once again, they told me to take time... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 9, 2019

This is a question to ask an attorney licensed to practice in Indiana, not Illinois.

1 Answer | Asked in Education Law for Illinois on
Q: I need to contact a lawyer who specializes in education law - specifically ACT/SAT fraudulent practices - class action.

Possible illegal practices by ACT testing corporation... I have other individuals who have met with arbitrary accusations of cheating on the SAT test.

T. J. Jesky
T. J. Jesky
answered on Nov 2, 2018

It seems a little unusual that ACT testing would risk their reputation with illegal practices. That being said, if you have an actual class action suit, most litigation attorneys are eager to take class action suit. Especially, if the case has merit.

Keep in mind, you only need a single...
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1 Answer | Asked in Education Law and Personal Injury for Illinois on
Q: Last spring I was at my kids school volunteering for kickball, got hurt in my left eye with the ball, was blind for 7hrs

I ended up in ER, school nurse promised that district will cover my bills and made us fill reimbursement form. School denied paying any bills incurred, what can I do now? I am stay at home mom and don’t have money to pay the bills almost $1000.

Steve McCann
Steve McCann
answered on Apr 26, 2018

It depends on very specific details surrounding the injury and whether or not a party was negligent. That being the case, I recommend you organize everything in your possession relevant to this matter, including all medical records, and consult with a personal injury lawyer for a consultation.

1 Answer | Asked in Education Law and Juvenile Law for Illinois on
Q: can i get a informal station adjustment for finding a coat on the ground in school then giving it back when asked aboutI

I was in school and saw a jacket laying on the floor for about an hour unattended, then grabbed it. Yes my intention was to take it but if I was pressed about it I would of course give it back. A couple hours later I got called down to the deans and asked about it. I then said yes and handed the... View More

Cheryl Powell
Cheryl Powell
answered on Mar 1, 2018

Correct action. Theft is theft. What if it was at walmart? You would have been arrested.

1 Answer | Asked in Employment Law and Education Law for Illinois on
Q: Do I need to sign a form if I'm now NOT taking time from work for a previously scheduled procedure that I cancelled?

Basically, I asked for 3 days off for a very minor procedure. I have the days. I work in a Catholic School. They wanted documentation from a doctor. I have major privacy issues in this school. Even though HIPPA was again explained (which I know all about it), I chose to not have the procedure... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 11, 2017

Employers these days do everything they can to protect themselves. They are highly likely telling you the truth, that having you sign the document is simply intended to prevent you from claiming they wouldn't give you the time off later on. From the employer's viewpoint, it makes perfect... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Small Claims for Illinois on
Q: In Illinois how do I sue a school for intimidation, harassment & discrimination?
Steve McCann
Steve McCann
answered on Mar 23, 2017

It is certainly a challenge, particularly if it is a school funded by any state or local government. I would recommend consulting with an attorney individually for a consultation if you truly believe the school is liable to you for damages.

1 Answer | Asked in Education Law and Juvenile Law for Illinois on
Q: In Illinois is it legal to wear a body camera in a school with the intent to stop bullying? I am at a private highschool
Cheryl Powell
Cheryl Powell
answered on Mar 22, 2017

The rules are whatever the school says. Ask them.

1 Answer | Asked in Education Law and Personal Injury for Illinois on
Q: If my dorm room is so cold that I get sick, can I sue the school is I have proof I asked them to turn the air down?

I am really sick right now so I could easily get a doctors statement. I also have the email of me asking the woman over housing to turn the air down. She said she'd send someone out, but nothing is done.

Jonathan Damashek
Jonathan Damashek
answered on May 5, 2016

It would be difficult to show a causal connection to the temperature of your door room and you getting sick.

1 Answer | Asked in Education Law for Illinois on
Q: Can I request settlement? It was never my intention to sue.

I sued a school for wrongful dismissal in Nov 2014. The dismissal was December 2013. Depositions are scheduled for early December 2015. I have since joined another professional school that gave me two options:

1) Accept some of my transfer credits but will still have to go by their block... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 29, 2015

If you have an attorney on the case, let the attorney handle settlement negotiations. The school's attorneys cannot talk to you directly.

And I find it very hard to believe your statement that you never intended to sue. That suggests that your attorney filed the suit without your...
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