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North Carolina Education Law Questions & Answers
1 Answer | Asked in Banking, Civil Litigation, Civil Rights and Education Law for North Carolina on
Q: Is a parent considered a plaintiff in minor's civil complaint?

My daughter is plaintiff in a civil lawsuit against her former school. The petitioner is listed as my daughter's initials through her parent (my name). Short story is there was a settlement for special education and Title IX with the district. The district never made payment. So we ended up in... View More

James L. Arrasmith
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answered on Sep 7, 2024

In a lawsuit involving a minor, the parent or guardian often acts as a representative or "next friend" for the minor but is not automatically considered a plaintiff. The minor is the plaintiff, and you, as the parent, are there to facilitate their legal rights since they cannot represent... View More

1 Answer | Asked in Education Law for North Carolina on
Q: Can a school make a teachers aid drive a school bus for a different school in the district but not all ta’s

The issue is the the school is only making teachers assistants from 1 elementary school in the district drive high school buses, not all teacher’s aids from any other elementary schools in the district. This on its face seems like discrimination based on location.

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

Discrimination based on location is not unlawful.

2 Answers | Asked in Personal Injury, Products Liability, Education Law and Health Care Law for North Carolina on
Q: My dormitory at my college is infested with cockroaches, disgusting, and I have gotten sick many times this year. Help

Can I sue for this?

Tim Akpinar
Tim Akpinar
answered on May 3, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. Many law firms would be reluctant to handle such an injury case on a contingency basis. Due to the costs of litigation, most firms seek out cases with more clear-cut damages. Good luck

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1 Answer | Asked in Personal Injury, Education Law and Juvenile Law for North Carolina on
Q: Is it illegal to put sawdust in someones drink ?

Actually Cheetos and sawdust.

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. Yes, it's illegal virtually anywhere in the U.S. as well as being actionable under civil law. Good luck

2 Answers | Asked in Appeals / Appellate Law and Education Law for North Carolina on
Q: I am a student at college and they believe I have cheated on an assignment, should I plead guilty or take a hearing?

I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... View More

Raul Jauregui
Raul Jauregui
answered on Jun 28, 2020

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... View More

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2 Answers | Asked in Education Law and Sexual Harassment for North Carolina on
Q: Can I make a case against my school for purposely messing up a sexual assault case?

I tried to report sexual assault incident at my former college. The police officers lied to me about several things and when I met with them for the last time they tired to blame me for being assaulted and them closing the case without giving me a way to submit evidence. When I tried to contact... View More

Kirk Angel
Kirk Angel
answered on May 18, 2020

It is a complicated question to answer and will depend on exactly what happened. However, in general, colleges are liable for sexual assault pursuant to Title IX where they were aware of the harasser's likely conduct or did not take sufficient steps to address reports of sexual assault.

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1 Answer | Asked in Education Law for North Carolina on
Q: Can a high school teacher fail me due to me using my phone to compete work
Tim Akpinar
Tim Akpinar
answered on Mar 21, 2020

If it was a test setting, yes, because phones are equated with getting outside help. Good luck

Tim Akpinar

1 Answer | Asked in Education Law and Juvenile Law for North Carolina on
Q: What is the age for a student to dropout in Rutherford NC?
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2019

A North Carolina attorney familiar with education law, or an educational administrator could probably tell you. But your question remains open for three weeks. Don't drop out. You don't need an attorney to tell you that. Finish school and get a diploma, or things are so bad at your... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on
Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing,... View More

1 Answer | Asked in Child Support, Education Law and Family Law for North Carolina on
Q: can my legal parent/guardian allow me to quit school at 15 in NC without any consequences?

Im 15 and I have depression/Anxiety and I cant handle school anymore I really want to get out of school but i dont want to get taken away or get into trouble and I love my parents so I dont want them to get in trouble eaither. Is there something they could do to get me out of school without any... View More

Amanda Bowden Johnson
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answered on Apr 1, 2019

You have to wait until you are 16 to make one of the worst decisions of your life. Look into the possibility of home schooling.

1 Answer | Asked in Family Law and Education Law for North Carolina on
Q: Can you help my son he is been accused of touching another student?

My son us 7 years old.. They called me to let me know that xxx had touched a student inappropriately on the bus..they took the girls statement and his.. He got suspended they called the police and dss.. I don't know if this is normal or if they acted like he was a criminal. I really need... View More

Amanda Bowden Johnson
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answered on Nov 15, 2018

You need to not make any statements to police or DSS and lawyer up. You can likely thank that ridiculous #metoo movement for all the fuss over a 7 year old boy touching a girl on the bus but yes, if the girl's story can not be immediately and conclusively disproved, suspensions, police and... View More

1 Answer | Asked in Family Law, Child Support and Education Law for North Carolina on
Q: Do I need a Indiana lawyer to get an agreement that I signed dismissed thru the court due to it being invalid now?

The agreement is for post secondary educational expenses for an emancipated 19 year old/ 20 in October '18. Agreement was for a school that child is no longer attending. Has also moved out of a shared apartment. Moving home for now. The agreement was expenses for this specific school and... View More

Melissa Averett
Melissa Averett
answered on Sep 20, 2018

There is no way to accurately answer this question without reading the agreement and knowing a lot more facts about your situation, but I can tell you that if the agreement was signed by a judge in Indiana and entered in a court in Indiana then you definitely need an Indiana lawyer. If it's a... View More

1 Answer | Asked in Education Law for North Carolina on
Q: In North Carolina..can our 16 year old child drop out of school without our permission?
Amanda Bowden Johnson
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answered on May 17, 2018

Technically, yes but if he still lives at home with you, then you can make him go to school if he is eligible to attend.

1 Answer | Asked in Family Law, Education Law and Criminal Law for North Carolina on
Q: There is people at my school that are spying on me and telling another person what im doing. please help.

my sister told people at my school my dads number and told them to tell him what ti do during the day and stuff. The thing is my dad has no custody over me and i don't live in the same state as him. i want him out of my life. is there something i can do to involving the people spying on me,... View More

Amanda Bowden Johnson
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answered on Mar 8, 2018

As long as they are not violating any laws, it is perfectly legal for anyone to observe your public actions and report that to another person - there is nothing legal you can do to prevent it except stay in an enclosed private place 100% of the time. More likely than not, if this is something your... View More

1 Answer | Asked in Education Law, Juvenile Law and Criminal Law for North Carolina on
Q: What is a 9 yr old child's right when they are grabbed by a teacher in Greensboro NC
Amanda Bowden Johnson
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answered on Feb 7, 2018

Depends what you mean by 'grabbed'. If you mean grabbed in its normal definition, then a teacher would normally and very rightfully do that usually due to one of two things 1) because the child is misbehaving and / or 2) to prevent the child from getting hurt. In either of those cases... View More

1 Answer | Asked in Education Law and Family Law for North Carolina on
Q: How can an 18yo transfer high schools without parental consent?

A student in North Carolina has been kicked out of his house at the age of 18. If he stays he's basically homeless. However, he has the option to go down to Florida where he can find help and a place of residency. His parents will not condone this. How can he transfer from the school he is in... View More

Amanda Bowden Johnson
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answered on Dec 4, 2017

He is 18, and an adult and has been kicked out - why would he care what his parents condone? They don't get to kick him out and then still control what he does.

1 Answer | Asked in Immigration Law and Education Law for North Carolina on
Q: I have been out of school since 2015. My question is is it possible to get back in school.

Good morning, I was looking online and came across your website and if possible I would like to ask you a few questions because I am seeking help if possible.

I came to the US on a track scholarship for school back in 2011 and finished in 2015. After graduating I didn't want to go... View More

Myron Morales
Myron Morales
answered on Oct 16, 2017

Contact your Designated School Official and ask them about reinstatement. It might be a weak application, but it is an option.

1 Answer | Asked in Education Law and Employment Law for North Carolina on
Q: Can a school district fire me for seeking employment elsewhere?
Kirk Angel
Kirk Angel
answered on Sep 17, 2017

Yes, unless you have "career" status as a teacher or administrator. Career status employees can only be terminated for specific types of conduct. Otherwise, employment with public school systems in North Carolina is "at-will."

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for North Carolina on
Q: Withdrew son from school due to bullying.

Our 7 y.o. son was verbally and physically bullied at his school. We contacted his teacher, guidance counselor, Assistant Principal, Principal, Assistant Superintendent and the Superintendent. We also contacted the School Board. Over the 4+ months this occurred nothing seemed to get done. The... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

For starters you could request an IEP and get a better place. There's usually no great answer on bullying. There should be a center in NC that deals with education law issues. The Education Law Center in Philadelphia might have the names of some NC organizations or where you can go to get such... View More

1 Answer | Asked in Education Law and Traffic Tickets for North Carolina on
Q: i just got my 3rd excessive speeding ticket. the other 2 i have already done traffic school for and taken online school

what should i do? Will my license get revoked?

Amanda Bowden Johnson
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answered on Nov 2, 2016

Hire a traffic attorney like you should have done for the first two tickets and stop speeding.

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