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Tennessee Education Law Questions & Answers

1 Answer | Asked in Contracts, Civil Rights and Education Law for Tennessee on

Q: Do I have to pay a school if I still do not have a contract after I have been asking for one?

Can I take a loss on this school that I am the only student that does not have a contract. I have finished my required hours for this trade. I started last year in May every time I ask for a contract I am referred as to "wait" or the instructor and owner says"I got you". Recently, I asked the... Read more »

Bruce Alexander Minnick answered on Apr 25, 2019

Stop, look and listen--carefully: If you received the training you went to the school for then you MUST pay for it. Using the excuse of not having a contract will NOT work. Nor will the lame excuse do any good when the school sues you.

Stop calling them about the contract. You are now...
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1 Answer | Asked in Education Law for Tennessee on

Q: What type of lawyer would I need to help protect me from educational neglect charges with a truant teenager?

My son is 17 and has been involved with juvenile court for almost a year due to his truancy. It is not getting any better and I feel as if I have exhausted all of my options and I am worried I will be charged with educational neglect. I have done everything asked of me by the court, but I can not... Read more »

Anthony M. Avery answered on Apr 23, 2019

Any fairly competent attorney can represent you in Juvenile Court. It is not difficult. But you really do not need a lawyer until you are cited. You might hire someone for a small fee for consultation and more if there is a charge.

2 Answers | Asked in Criminal Law, Personal Injury and Education Law for Tennessee on

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

My 9 yr old was slammed on his back twice by bs gym teacher and it is currently being investigated by the department of children services. The principal and myself contacted Dcs... The principal contacted Dcs and reported it as abuse of a child by a school administrator... my son has ADHD and take... Read more »

Mr. Kent Thomas Jones Esq. answered on Feb 13, 2019

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... Read more »

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1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on

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?

I am renting an apartment in TN and I plan to go to school in TN for 3 more years.

Gary Kollin answered on Jan 23, 2019

You can file a document called a Declaration of Domicile. Check with the county clerk's office

1 Answer | Asked in Education Law for Tennessee on

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

Question pertains to middle and high school campuses

Anthony M. Avery answered on Jan 15, 2019

Usually they have a right to go there unless they are Registered Sex Offenders.

1 Answer | Asked in Education Law for Tennessee on

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?

Marjorie A Bristol answered on Mar 30, 2018

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.

1 Answer | Asked in Education Law for Tennessee on

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

Marjorie A Bristol answered on Mar 9, 2018

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.

1 Answer | Asked in Education Law for Tennessee on

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

Marjorie A Bristol answered on Mar 8, 2018

No, she is required to attend school until she is 18. With her parents' permission, she can be home schooled though.

1 Answer | Asked in Civil Rights and Education Law for Tennessee on

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

I was only asking the professor at the time if an outline was necessary since I knew I probably wouldn't finish if I had to write one. He then proceeded to inform me that I had to do it and that it was something I was supposed to have learned in comp. Mind you that I never said I could not write an... Read more »

Marjorie A Bristol answered on Mar 1, 2018

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... Read more »

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

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

What will happen? Will the school report me? I've read up on how if you say your homeless the school can enroll you, what do I do?!?

Marjorie A Bristol answered on Feb 4, 2018

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.

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

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

Moved into a house with a 13 year old and has had a baby with her. His mother is a flake and has done nothing about it. DCS was called on them and he was ordered not to live there but to be at home. The problem being his mother is never there. My question is how do I go about getting him out of the... Read more »

Marjorie A Bristol answered on Jan 31, 2018

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.

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Tennessee on

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

She wants to attend UCF in Florida. She is a senior in high school, and graduates this year in May. She turns 18 in Sept, but school starts before that time. Could she legally leave her house and go to school if her parents want to keep her at home? She really wants to further her education, but... Read more »

Marjorie A Bristol answered on Jan 20, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Education Law for Tennessee on

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

Marjorie A Bristol answered on Jan 13, 2018

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.

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Tennessee on

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

I moved out of state the school was informed i was not in the state i moved back and started enrolling my daughter in k12 but because there was lack of communication i got a call from truancy put here in public school amd was told i had to go to court for truancy

Marjorie A Bristol answered on Dec 21, 2017

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... Read more »

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

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

He is being sent to alternative school for a full calendar year. Is there anyway to get this reduced or have it removed from his record?

Marjorie A Bristol answered on Dec 21, 2017

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.

2 Answers | Asked in Family Law and Education Law for Tennessee on

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

He has been in inpatient care for suicidal thoughts, been run through all of the school system's options, and is just too physically big to use force to make him go. I've exhausted all options at my disposal. His mother isn't in the picture and my job is already at risk due to missed hours over... Read more »

Leonard Robert Grefseng answered on Nov 27, 2017

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... Read more »

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1 Answer | Asked in Civil Rights, Education Law and Health Care Law for Tennessee on

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

the student had a virus, the medications along with medications to treat the disability clashed causing him to first be euphoric, then to go into a stupor missing his deadline for finals. The trainer gave him samples of OTC meds, the doctor gave him presciptions and then the Psychiatrist gave him... Read more »

William Head answered on Aug 16, 2017

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.... Read more »

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