Pennsylvania Education Law Questions & Answers

Q: If someone jumps on your back, and you swing them and they hit something, who is the assulter?

2 Answers | Asked in Education Law for Pennsylvania on
Answered on Oct 28, 2018
Peter N. Munsing's answer
More Peyton than Mason. Let the office sort it out.

Q: What are the requirements for education deductions for the state of Pennsylvania? Not a college course. Online seminar.

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Oct 28, 2018
Peter N. Munsing's answer
See if they will let you out as they held it out as tax deductible and it's not. They should know better. You are paying bricks and mortar tuition for an online course. Request a termination in writing. Hard copy not just email. If they don't give it file a complaint with the consumer division of the California AG's office and also the Department of education; also the Federal Trade commission.

Q: What are the consequences for a school that begins to promote a specific religion?

1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on
Answered on Apr 19, 2018
Jennifer Price's answer
It depends on the type of school. There can be significant consequences if this is a public school.

Q: My ex wife is allowing our children to fail at school. We live in Pa. She moved them quite a distance from me. Neglect?

1 Answer | Asked in Family Law and Education Law for Pennsylvania on
Answered on Feb 8, 2018
Kathryn Hilbush's answer
I suggest that you consult with an experienced family law attorney in the county where your children reside. It would seem that your recourse is to file to modify the custody order, perhaps even request custody, but it's hard to know whether that's something you can consider without being able to discuss the situation in detail.

Q: What can I do if my child was hit by a school employee?

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Pennsylvania on
Answered on Feb 2, 2018
Peter N. Munsing's answer
Technically that was a battery. However assuming that the physical injuries are relatively minor, depending on what was going on jurors may not be too impressed. A good starting place is the Education Law Center in Phialdelphia.

Q: What kind of lawyer will help me if we believe our child is Gifted but we do not agree with his school's assessment?

2 Answers | Asked in Education Law and Juvenile Law for Pennsylvania on
Answered on Jan 4, 2018
Peter N. Munsing's answer
Contact the Education Law Center in Philadelphia & Harrisburg.Generally, you request an IEP. If the assessment you refer to was the IEP, your IEP should tell you about your appeal rights. In the meantime, there are programs such as the Center For Talented Youth that have advice in general.

Q: Is the school right for reporting my daughter for truancy being 2 or 3 minutes late every other day with no absences?

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Jan 2, 2018
Jennifer Price's answer
Generally, schools define "absence" as including not being physically present AND being late after a certain number of days. All schools are different, but many schools will use consistent tardies as being absent. If your child is consistently tardy (even by a few minutes), then, yes, the school can begin to count the tardies as absent.

Q: Do I need to change my child’s school? Which school should he be enrolled in? Confusing situation.

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Jan 2, 2018
Jennifer Price's answer
It depends. In theory, he should be enrolled in the school where you, as parent/guardian lives. Since your living situation is temporary, however, he could probably remain in the school district he's in. There are many circumstances that could affect the decision as to whether you're a resident of one county or another, other paying taxes. If the school found out about your living situation, they could request tuition (or tuition reimbursement). In such a case, you should contact a lawyer,...

Q: My ten year old son says his teacher is telling students to pray in between class periods. Does this violate a law and

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Jan 2, 2018
Jennifer Price's answer
It depends on the context in which the information is given. If the teacher is telling students this as a suggestion or an option of something they can do, it more than likely would not violate any laws. If the teacher is requiring or mandating students to pray, then the teacher would probably in violation of the law. It's also unclear as to whether the students face repercussions for not praying. Again, if the teacher is telling students to pray, students don't pray, and there are no...

Q: Does my daughters father have a say in what school she goes to when she lives with me?

1 Answer | Asked in Education Law and Family Law for Pennsylvania on
Answered on Dec 1, 2017
Lisa Marie Vari's answer
Unless one parent has been awarded sole legal custody, both parents share legal custody of their children. Legal custody is the right to make important decisions that impact children regarding education, religion, and medical care. Thus you both have say in where your daughter attends school.

For more information please feel free to read my blog on sole versus shared legal custody in PA....

Q: My son made a comment after a girl student bumped into him and touched his private area. He said don't touch my genitals

1 Answer | Asked in Education Law and Juvenile Law for Pennsylvania on
Answered on Nov 15, 2017
Peter N. Munsing's answer
It isn't. He can appeal or ask to have his record corrected. Contact the Education Law Center in Philadelphia for mroe information.

Q: What is the process of dropping out of highschool and getting my GED in pa?

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Nov 15, 2017
Peter N. Munsing's answer
You should talk to your guidance counselor. You will have to take GED classes and then take the exam.

Q: How to settle a dispute about a debt with a college which was incurred due to a very difficult family situation.

1 Answer | Asked in Collections and Education Law for Pennsylvania on
Answered on Oct 25, 2017
Peter N. Munsing's answer
Contact the Education Law Center in Philadelphia. They generally don't deal with college issues but may, and can suggest who you should contact.

Q: My son's FERPA rights were violated. School lawyers wants to meet. Can I request to meet with just him and record it?

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Oct 10, 2017
Jennifer Price's answer
In Pennsylvania they would have to consent to the recording. If the school is bringing their lawyer, you should have yours. Otherwise, after the meeting, do a follow up email with all the people in the meeting included in the email, confirming everything that was stated and agreed upon. This will help in the event of future litigation.

Q: My son was sucker punched in the head, and avoided 3 more hits. It was in school. Is this assault?

1 Answer | Asked in Education Law and Criminal Law for Pennsylvania on
Answered on Oct 7, 2017
Jennifer Price's answer
Yes, this would be assault. Assault is when someone either attempts to cause or actually causes bodily injury. Sometimes, a person can be charged with assault and then the prosecutor will reduce the charge down to harassment but to answer your question, yes, this would be an assault. As far as the second part of your statement about the burden, if you mean they said they couldn't meet their burden of proof, I would assume that means there were no witnesses. In such a case, it becomes a...

Q: Can a 17 and 15 year old choose to cyber school with the support of the custodial parent (mother) and not of the father?

1 Answer | Asked in Child Custody, Divorce, Education Law and Family Law for Pennsylvania on
Answered on Aug 29, 2017
Kathryn Hilbush's answer
The children don't make the decisions - the parents do. Since the parents share legal custody, they're supposed to make the decision together. If they can't agree, then one of them is going to have to ask the court to make the decision for the family.

Q: Is my school district obligated to pay me back salary after charges are dropped or amended?

1 Answer | Asked in Criminal Law, Education Law and Employment Law for Pennsylvania on
Answered on Aug 23, 2017
Dawn Padanyi's answer
Just based on your question along, it doesn't appear that you were performing any work for the school during your leave warranting compensation. If you have an employment contract, look to that document to see if it lays out any reason that an employee would be paid while on leave, perhaps look to your union rep, if you have one, and then contact a local attorney for a private consultation.

Q: Title1 services = identification to qualify for special education services ?

1 Answer | Asked in Education Law for Pennsylvania on
Answered on Feb 15, 2017
Jennifer Price's answer
No. If a student is receiving Title 1 services, that means they may be at risk of failing, which could affect the Title 1 money the school receives from the federal government. In order for a child to be identified as qualifying for special education services, a school would have to notify the parent of wanting to test the child to determine whether the child has a disability. The school must receive parental consent in order to conduct the testing, or go through with a special education...

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