Tennessee Education Law Questions & Answers

Q: My 9 yr old was slammed on his back twice by bs gym teacher

2 Answers | Asked in Criminal Law, Personal Injury and Education Law for Tennessee on
Answered on Feb 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
From my experience with DCS, they are fairly active in cases like this. Your other alternative is to file a lawsuit against everybody involved: the school principal, the gym teacher, the school and anyone else involved. When you are dealing with a school system, there may be initial administrative hurdles to overcome first. It will be too complicated to do yourself. You should find an attorney that will consult with you on price and approach.

Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on
Answered on Jan 23, 2019
Gary Kollin's answer
You can file a document called a Declaration of Domicile. Check with the county clerk's office

Q: Are adult convicted felons allowed onto school property in the state of Tennessee?

1 Answer | Asked in Education Law for Tennessee on
Answered on Jan 15, 2019
Anthony Marvin Avery's answer
Usually they have a right to go there unless they are Registered Sex Offenders.

Q: I’m 17 and graduate May 17th and turn 18 12 days later is it legal for me to move out if I’m no longer in school?

1 Answer | Asked in Education Law for Tennessee on
Answered on Mar 30, 2018
Marjorie A Bristol's answer
You cannot legally move out without your parents' consent until you turn 18. However, as a practical matter, it may be difficult for law enforcement to find you to take you home before your 18th birthday.

Q: My school is suspending people from standing in the hallways because there was a fight... can they do that?

1 Answer | Asked in Education Law for Tennessee on
Answered on Mar 9, 2018
Marjorie A Bristol's answer
They probably can if the gathering of students was adding to the fight. The reason usually given in these situations is that it is a disruption to the school.

Q: My friends daughter is 14 an she just had a baby does she have the right not to go back to school?

1 Answer | Asked in Education Law for Tennessee on
Answered on Mar 8, 2018
Marjorie A Bristol's answer
No, she is required to attend school until she is 18. With her parents' permission, she can be home schooled though.

Q: A college professor put their hands within inches around my neck during class joking about choking me. Is this legal?

1 Answer | Asked in Civil Rights and Education Law for Tennessee on
Answered on Mar 1, 2018
Marjorie A Bristol's answer
It is legal if he did not harm you, but merely put his hands on you as long as those hands were not in an area that would be considered a sexual touching. That being said, it may not have been appropriate conduct for a professor. You should report the incident to the college authorities. Based on the facts you described, I am not sure what race, ethnicity or gender has to do with the situation, but if you felt uncomfortable, report it to someone you trust on campus.

Q: I ran away at 17 from dcs custody but I want to self enroll myself back into school without getting reported.

1 Answer | Asked in Education Law and Juvenile Law for Tennessee on
Answered on Feb 4, 2018
Marjorie A Bristol's answer
How old are you now? Were you committed to DCS as a delinquent or dependent/neglected? The school will report you if they figure out that you are a runaway. If you say that you are homeless and are under 18, they will contact DCS. I recommend that you contact an attorney.

Q: I have a 15 year old grandson who at 14 was kicked out of school for the year. After this he has spiraled out of control

1 Answer | Asked in Education Law and Juvenile Law for Tennessee on
Answered on Jan 31, 2018
Marjorie A Bristol's answer
You can file a petition for custody of him. You should consult a lawyer who can review all of the facts and advise you regarding your options.

Q: Could a friend of mine legally leave her parents house @ 17 and go to college if her parents dont approve?

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Tennessee on
Answered on Jan 20, 2018
Marjorie A Bristol's answer
She can't leave without her parents' permission unless she is emancipated. In order to be emancipated, she will need to petition the court and demonstrate that she is capable of supporting herself independently and making adult decisions. She should consult an attorney if that is something that she is interested in pursuing.

Q: Is it a misdemeanor for a teacher to video record children while at school

1 Answer | Asked in Criminal Law and Education Law for Tennessee on
Answered on Jan 13, 2018
Marjorie A Bristol's answer
It is not illegal to video tape them at school. It might violate school privacy laws for her to post the video publicly without parental permission.

Q: I got truancy court for my daughter what will happen

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Tennessee on
Answered on Dec 21, 2017
Marjorie A Bristol's answer
You will go to court. The judge will ask the school system how many days the child has been absent. The judge will ask you why the child was absent and if you have any doctors' notes to excuse the absences. The judge may ask DCS to open a case if they are worried about your ability to care for the child or get the child to go to school. As far as the end result, so much depends on the judge. I highly recommend that you consult an attorney and hire one if at all possible. You are...

Q: Son admitted to principal using marijuana at school , he wasn't caught by any faculty or in possession of anything.

1 Answer | Asked in Juvenile Law and Education Law for Tennessee on
Answered on Dec 21, 2017
Marjorie A Bristol's answer
You should be able to challenge the school discipline. Does your son have an IEP? Other due process protections attach if he does. You should consult an education law attorney to discuss challenging the school discipline.

Q: My son has Aspergers, ADHD, and depression, and won't go to school. How do I avoid jail?

2 Answers | Asked in Family Law and Education Law for Tennessee on
Answered on Nov 27, 2017
Leonard Robert Grefseng's answer
Regrettably, it sounds like "juvy" is your only option. You should consider filing a petition in juvenile court to have the boy declared "unruly." This is what normally happens when a child won't submit to parental authority. Perhaps getting him to juvenile court will help him submit or the court knows of some other program, but keep in mind that the last resort is always juvenile detention. Consult an experienced family law attorney in your area as soon as possible.

Q: is there a law that protects a student from a drug interaction when it affects their performance for grades

1 Answer | Asked in Civil Rights, Education Law and Health Care Law for Tennessee on
Answered on Aug 16, 2017
William Head's answer
This case likely will not be pursued by a Tennessee civil lawyer, but this link takes you to a listing of TN cities, that you can use to fine a list of lawyers near you. Call a few of them, and talk via phone, to see if the case has any value.

http://attorneys.superlawyers.com/products-liability/tennessee/

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