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Kentucky Education Law Questions & Answers

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for Kentucky on

Q: I got fired from my job today after taking a 2 day emergency leave because I was in the hospital . They took me off of

schedule and fired me . Can I sue for wrongful termination? I was in pain and sick for 6 whole weeks and still showed up everyday . I'm a teacher for a preschool and finally took two days off and now I need surgery and have no job.

Timothy Denison answered on Apr 6, 2019

Unfortunately, Kentucky is an “at will” state, which means they can fire you for any reason at all or no reason at all.

1 Answer | Asked in Civil Rights and Education Law for Kentucky on

Q: If reason for reapplying to take a semester in a college nursing program is based solely on an established disability

not previously documented with that college, is it a violation of that student’s rights if the nursing committee denies all applicants without reviewing any reapplications, including the student with the disability? (Said disability was documented with college at the time of application for... Read more »

Timothy Denison answered on Dec 11, 2018

No. Not if they are all denied.

1 Answer | Asked in Education Law, Civil Rights, Juvenile Law and Libel & Slander for Kentucky on

Q: Guy got expelled from my high school for expressing his opinions in a paper; the school took it as a threat. Thoughts?

I knew of this kid, but didn't know him that well. He was a senior, Class of 2018, well mannered, and made good grades. To my knowledge, he had no history of threatening or bullying. He was a class clown, and was involved in the Drama Club, and other school activities. Following the Parkland... Read more »

Timothy Denison answered on May 5, 2018

We really need to see the contents of the paper to determine whether a threat was made or even intended. Obviously if he’s suing them, his lawyers think he’s on pretty solid ground. Publish the article he wrote when he gives you permission and a much clearer discussion can be had.

1 Answer | Asked in Entertainment / Sports, Criminal Law, Education Law and Personal Injury for Kentucky on

Q: HS Basketball coach made my son switch his shorts with another players shorts that had blood on it during a game.

Is that legal, exposing him to someone else's blood like that?

Timothy Denison answered on Apr 29, 2018

Not prudent but not criminal unless the blood was infected, the Coach knewcor should have know it was infected, and intended harm to your son.

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Kentucky on

Q: Is possession of marijuana illegal on school grounds even if the person claims that they weren't aware of the marijuana?

For a mock trial in high school class, we represent the teacher who searched the bag and several other random student's bags. We believe there was reasonable cause.

Brendan Joseph McLeod answered on Mar 4, 2018

There is no criminal offense that is strict liability in Kentucky. You have to have known marijuana was on you and in school. I don't think it is enough to say, "yea, its mine. But, I swear I left it at home with my bong and album cover I use to de-stem my stash."

Being absent minded...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Education Law and Juvenile Law for Kentucky on

Q: My daughter is 15 and was assulted by 2 different girls in the same day different times

My daughter was assulted by a 17 year old girl who wasnt supposed to be on the school bus and i wasnt contacted... then arrived at school and was violently assulted by another girl which resulted in a concussion where she was on cognative rest for 2 and a half days.. i was informed two days later... Read more »

Peter N. Munsing answered on Jan 27, 2017

Talk to an Education Law Center if they have one ; contact a member of the Kentucky Justice Assn who handles education issues--they give free consultations.

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