Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Education Law Questions & Answers
1 Answer | Asked in Education Law for Pennsylvania on
Q: Can a parent demand a certain level of math placement in a PA middle school? Can the school district say no?

My daughter was recommended for top class two years in a row by the classroom teacher. We declined but found that last year was not challenging for her. Now that we want to try the top class they are saying no. Can we force it?

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You can ask for an IEP but talking to the counselor would be your first step. Let you kid be challenged if she is willing to be.

2 Answers | Asked in Education Law for Pennsylvania on
Q: If someone jumps on your back, and you swing them and they hit something, who is the assulter?

It happened at my school. I'm a ELA teacher, and a kid jumped on anothers back. The other person, lets say his name is Mason and the jumper is Peyton. Mason swinged him into a table. No blood. No injury accept bruises. Peyton says he is going to report Mason to the office. Who's fault is it?

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

More Peyton than Mason. Let the office sort it out.

View More Answers

1 Answer | Asked in Education Law for Pennsylvania on
Q: What are the requirements for education deductions for the state of Pennsylvania? Not a college course. Online seminar.

I am referring to an online film industry seminar that I chose to participate in.

The woman in charge says that the class can be written off for taxes entirely (and it’s expensive), but she’s from California and I’m from Pennsylvania. I have done some research after already entering... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

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... Read more »

1 Answer | Asked in Education Law for Pennsylvania on
Q: If my child's middle school is trying to expel him can we fight it?
Cary B. Hall
Cary B. Hall answered on Jul 23, 2018

Yes.

1 Answer | Asked in Education Law and Civil Rights for Pennsylvania on
Q: What are the consequences for a school that begins to promote a specific religion?
Jennifer Price
Jennifer Price answered on Apr 19, 2018

It depends on the type of school. There can be significant consequences if this is a public school.

1 Answer | Asked in Family Law and Education Law for Pennsylvania on
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?

My son has failed the same grade for two years now and my children have missed 30 days most of which is not excused. Is this neglecting my kids. She has shut me out lies constantly. I have contacted the local district. What else can I do??

Kathryn Hilbush
Kathryn Hilbush answered on Feb 8, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Pennsylvania on
Q: What can I do if my child was hit by a school employee?

A few kids were hit with a dustpan by a teacher. The principal did an investigation but I don't know what the outcome was. I called the school district and was told someone would contact me in 24-72 hours, this was 4 days ago.

Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2018

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.

2 Answers | Asked in Education Law and Juvenile Law for Pennsylvania on
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?

We believe he is Gifted, however we do not agree with the explanations that the pyschologist and teachers are giving us

Peter N. Munsing
Peter N. Munsing answered on Jan 4, 2018

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.

View More Answers

1 Answer | Asked in Education Law for Pennsylvania on
Q: Is the school right for reporting my daughter for truancy being 2 or 3 minutes late every other day with no absences?

She has no illegal absences only 4 excused absences. Also the school is threatening to take legal action.

Jennifer Price
Jennifer Price answered on Jan 2, 2018

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... Read more »

1 Answer | Asked in Education Law for Pennsylvania on
Q: Do I need to change my child’s school? Which school should he be enrolled in? Confusing situation.

I have a situation that I thought would be pretty easy to figure out, turns out I cannot find any information closely related to my situation at all.

Long story short, here are the basics:

I have been renting a home in PA for the last few years. My child attends an elementary... Read more »

Jennifer Price
Jennifer Price answered on Jan 2, 2018

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... Read more »

1 Answer | Asked in Education Law for Pennsylvania on
Q: My ten year old son says his teacher is telling students to pray in between class periods. Does this violate a law and

who should I complain to? I want this to be stopped.

Jennifer Price
Jennifer Price answered on Jan 2, 2018

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... Read more »

1 Answer | Asked in Education Law, Child Custody and Juvenile Law for Pennsylvania on
Q: A 13-year-old student had threatened to bomb my school. What are the possible consequences for his actions?
Kathryn Hilbush
Kathryn Hilbush answered on Dec 16, 2017

That's up to the District Attorney's Office.

1 Answer | Asked in Education Law and Family Law for Pennsylvania on
Q: Does my daughters father have a say in what school she goes to when she lives with me?

I have a 2 year old daughter that lives with me and even though she's not old enough for school yet her father keeps saying she won't be going to the school closest to me. There is no custody arrangement her father just gets her when he wants to. So I want to know if he has a say in what school my... Read more »

Lisa Marie Vari
Lisa Marie Vari answered on Dec 1, 2017

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... Read more »

1 Answer | Asked in Education Law and Juvenile Law for Pennsylvania on
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

He got 1 day OSS for sexual harassment. How is this sexual harassment when he said Dont or stop?

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

It isn't. He can appeal or ask to have his record corrected. Contact the Education Law Center in Philadelphia for mroe information.

1 Answer | Asked in Education Law for Pennsylvania on
Q: What is the process of dropping out of highschool and getting my GED in pa?

I am 16, I know I'll need parental consent and I do have a job. I just want to know how you go about dropping out. Who all do you have to go through, what kind of paperwork needs to be done, and how long the process takes?

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

You should talk to your guidance counselor. You will have to take GED classes and then take the exam.

1 Answer | Asked in Collections and Education Law for Pennsylvania on
Q: How to settle a dispute about a debt with a college which was incurred due to a very difficult family situation.

24 yr old community college student signed up for 4 online courses, but because of long-term terrible problems living with mother & father had to leave the family home to find an apartment. Thus she withdrew from school, but was not entitled to any refund. She received no instructional materials,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

Contact the Education Law Center in Philadelphia. They generally don't deal with college issues but may, and can suggest who you should contact.

1 Answer | Asked in Education Law for Pennsylvania on
Q: My son's FERPA rights were violated. School lawyers wants to meet. Can I request to meet with just him and record it?

Past meetings with the Principal, Superintendant and School board were a waste of time. Lots of denials despite them knowing the truth. We finally received his school records which document the Violations, being out of compliance with 504 accomendations and the nurse admitted to making him take a... Read more »

Jennifer Price
Jennifer Price answered on Oct 10, 2017

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... Read more »

1 Answer | Asked in Education Law and Criminal Law for Pennsylvania on
Q: My son was sucker punched in the head, and avoided 3 more hits. It was in school. Is this assault?

We are being told that this is harassment as they can't meet the burden of truth for assault.

Jennifer Price
Jennifer Price answered on Oct 7, 2017

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... Read more »

1 Answer | Asked in Child Custody, Divorce, Education Law and Family Law for Pennsylvania on
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?

joint legal custody agreement, lives with mother all of life, father works a lot

Kathryn Hilbush
Kathryn Hilbush answered on Aug 29, 2017

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.

1 Answer | Asked in Criminal Law, Education Law and Employment Law for Pennsylvania on
Q: Is my school district obligated to pay me back salary after charges are dropped or amended?
Dawn Padanyi
Dawn Padanyi answered on Aug 23, 2017

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.