North Carolina Education Law Questions & Answers

Q: Can you help my son he is been accused of touching another student?

1 Answer | Asked in Family Law and Education Law for North Carolina on
Answered on Nov 15, 2018
Amanda Bowden Houser's answer
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 DSS involvement are all normal these days. If you are financially well off expect a civil suit as well. Bottom line, if he touched her in an inappropriate way, that was likely criminal and instead of it...

Q: Do I need a Indiana lawyer to get an agreement that I signed dismissed thru the court due to it being invalid now?

1 Answer | Asked in Family Law, Child Support and Education Law for North Carolina on
Answered on Sep 20, 2018
Melissa Averett's answer
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 separation agreement that was not signed by a judge and not filed with court, then it depends on what the separation agreement says about jurisdiction and what the remedies are in the event of the...

Q: In North Carolina..can our 16 year old child drop out of school without our permission?

1 Answer | Asked in Education Law for North Carolina on
Answered on May 17, 2018
Amanda Bowden Houser's answer
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.

Q: There is people at my school that are spying on me and telling another person what im doing. please help.

1 Answer | Asked in Family Law, Education Law and Criminal Law for North Carolina on
Answered on Mar 8, 2018
Amanda Bowden Houser's answer
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 father is having done, then he probably needs proof of certain behaviors he believes you are doing for some sort of legal action. As to getting him out of your life, you likely can't do anything...

Q: What is a 9 yr old child's right when they are grabbed by a teacher in Greensboro NC

1 Answer | Asked in Education Law, Juvenile Law and Criminal Law for North Carolina on
Answered on Feb 7, 2018
Amanda Bowden Houser's answer
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 the child 'rights' are to focus on the teacher and follow the teachers instructions. If you mean grabbed Trump style in an inappropriate sexual manner, the child ought to tell an authority and parents.

Q: How can an 18yo transfer high schools without parental consent?

1 Answer | Asked in Education Law and Family Law for North Carolina on
Answered on Dec 4, 2017
Amanda Bowden Houser's answer
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.

Q: I have been out of school since 2015. My question is is it possible to get back in school.

1 Answer | Asked in Immigration Law and Education Law for North Carolina on
Answered on Oct 16, 2017
Myron Morales' answer
Contact your Designated School Official and ask them about reinstatement. It might be a weak application, but it is an option.

Q: Can a school district fire me for seeking employment elsewhere?

1 Answer | Asked in Education Law and Employment Law for North Carolina on
Answered on Sep 17, 2017
Kirk Angel's answer
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."

Q: Withdrew son from school due to bullying.

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for North Carolina on
Answered on Jan 27, 2017
Peter N. Munsing's answer
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 names.

Q: i just got my 3rd excessive speeding ticket. the other 2 i have already done traffic school for and taken online school

1 Answer | Asked in Education Law and Traffic Tickets for North Carolina on
Answered on Nov 2, 2016
Amanda Bowden Houser's answer
Hire a traffic attorney like you should have done for the first two tickets and stop speeding.

Q: My teacher made me stand up and recite the pledge. Is that legal?

1 Answer | Asked in Education Law for North Carolina on
Answered on Nov 3, 2015
Terrence H Thorgaard's answer
So you don't believe you owe allegiance to the United States? Are you perhaps a citizen of some other country?

Q: My daughters teacher did not abide to an ferpa law what steps can I take toward the teacher?

1 Answer | Asked in Education Law for North Carolina on
Answered on Oct 23, 2015
Terrence H Thorgaard's answer
Start by conferring with the principal and then the school board.

https://en.wikipedia.org/wiki/Family_Educational_Rights_and_Privacy_Act

Q: What are the rights high school teachers have to students?

1 Answer | Asked in Education Law for North Carolina on
Answered on Sep 4, 2015
Robert Jason De Groot's answer
She has the power to give you a failing grade if you do not follow instructions in class, doesn't she? If she does not have the power to do that, how can teachers across the USA grade anything at all?

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