Get free answers to your Education Law legal questions from lawyers in your area.
answered on Apr 19, 2018
It depends on the type of school. There can be significant consequences if this is a public school.
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??
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... View More 
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.
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.
We believe he is Gifted, however we do not agree with the explanations that the pyschologist and teachers are giving us
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.
She has no illegal absences only 4 excused absences. Also the school is threatening to take legal action.
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,... View More
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... View More
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... View More
who should I complain to? I want this to be stopped.
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... View More
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... View More
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... View More
He got 1 day OSS for sexual harassment. How is this sexual harassment when he said Dont or stop?
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.
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?
answered on Nov 15, 2017
You should talk to your guidance counselor. You will have to take GED classes and then take the exam.
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... View More
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.
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... View More
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... View More
We are being told that this is harassment as they can't meet the burden of truth for assault.
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... View More
joint legal custody agreement, lives with mother all of life, father works a lot
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.
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... View More
If a student is referred to and receives Title 1 services is that student then considered having been identified for the purpose of qualifying for special education services?
answered on Feb 15, 2017
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... View More
My child has a Phys Ed teacher that seems to not like my child. For example, my child is in the gym for 10 minutes before the teacher appears, but is marked tardy and has points deducted for the day because they are not standing in the correct spot and is not informed of the tardy or deduction--we... View More
answered on Jan 20, 2017
Unfortunately a lot of phys ed grading is preferential. If he is talented the instructor may expect him to be a class leader in performance, may not feel he's givingi it 100%. If he's a 46sec 1/4 mile and consistently did 56 mins in PE, that type of thing.
He is being charged with distribution of a controlled substance because he sent a text message asking another student about money he had owed. The principal said the messages do not say what it is for but after he took my son in a room and questioned him that my son confessed and wrote a statement... View More
answered on Nov 28, 2016
Contact the education law center in philadelphia.They have "cooperating attorneys" who know Pennsylvania Education law. Worth having legal counsel if they are looking for expulsion. In the meantime very important your son doesn't say anything on text, social media, in the hallway,... View More
I was told by my sons school college counselor that he can't even be considered to be valedictorian because he didn't come to the school as a freshman....even though he has the highest GPA in his school. She said it wouldn't be fair to the other students who have attended the school... View More
answered on Sep 22, 2016
Check with the board of education. Generally, charter schools can have their own rules, even if they mess with transfers.
You have the option of stay or leave. I would suggest if come college application time he is still #1, they should consider making him adjunt valedictorian or some other... View More
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