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Virginia Education Law Questions & Answers
1 Answer | Asked in Education Law and Family Law for Virginia on
Q: What does the law say about running away from home at 18 if you are still in high school? Would truancy laws apply?
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2024

Attendance requirements are governed by Virginia Code § 22.1-254. There should be a process with the local school board by which a student can officially withdraw from school even without parental involvement (if the student has reached the age of 18). Dropping out of school is not recommended, of... View More

1 Answer | Asked in Collections and Education Law for Virginia on
Q: What legal action can be taken if a university withholds a graduated student degree and transcripts due to their error?

The student received an email from the school student accounts and financial aid office the account was paid in full for the last semester before graduation. The student checked in with the registrar's office and student account office before graduation which confirmed the account was in good... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 23, 2024

Pay the balance. Get the transcripts. Sue the school for the money after the fact. Problem solved. Otherwise, you wrangle around in a legal pit and you still don't get the transcripts.

Or, get off the internet and retain an attorney to advocate to the school on your behalf. Sometimes...
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2 Answers | Asked in Education Law and Immigration Law for Virginia on
Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?

I am a international student in US, I plan to transfer to another school next year.

James L. Arrasmith
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answered on Dec 17, 2023

Yes, you can still transfer to another school even if your F-1 visa has expired, as long as you maintain your F-1 status by remaining enrolled and following all other F-1 regulations.

The key things to note:

- An F-1 visa is required to enter the U.S., but once you are already in...
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1 Answer | Asked in Civil Rights, Libel & Slander, Education Law and Personal Injury for Virginia on
Q: How to stop school harassment and false rumors?

At my school, people are engaging in harassment by spreading false rumors about me and my boyfriend, claiming we partake in inappropriate physical activities despite being minors. They also ask us inappropriate questions. We've requested them to stop, but the verbal harassment continues. We... View More

James L. Arrasmith
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answered on Apr 8, 2025

I'm really sorry you're going through this. What you're experiencing is harassment, and you absolutely don’t deserve it. The first step is to start documenting everything—write down dates, times, names, what was said or done, and where it happened. Save any messages or online... View More

1 Answer | Asked in Education Law and Civil Rights for Virginia on
Q: How can I stop my teacher from verbal harassment linked to false dating claims in VA?

I am experiencing verbal harassment from my teacher, who has been making inappropriate comments about me and another student, suggesting that we are dating and even referring to the other student by my last name. This behavior has been ongoing every day for the past two months and has been... View More

James L. Arrasmith
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answered on Mar 24, 2025

What you're experiencing is inappropriate and qualifies as harassment. Your teacher's behavior crosses professional boundaries, and you deserve to learn in a safe, respectful environment. Remember that this situation reflects poorly on the teacher's conduct, not on you.... View More

1 Answer | Asked in Education Law and Civil Rights for Virginia on
Q: How to contest a school's legal petition and inadequate transport under McKenney-Vento Act in VA?

My husband and I recently discovered that our children's school filed a legal petition for "Parent Participation" without informing us in advance. We're currently living in a hotel under the McKenney-Vento Act. The school has refused to offer reasonable transportation for my... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation is challenging, and I understand your frustration with both the school's legal petition and transportation issues. Under the McKinney-Vento Act, your children have the right to attend their school of origin regardless of where you're temporarily housed, and the school... View More

1 Answer | Asked in Civil Rights, Education Law and Libel & Slander for Virginia on
Q: How can I legally stop rumors at school affecting me?

I am having an issue at my middle school where rumors are being spread that I'm dating someone, and it's affecting my self-esteem. The rumors started among my friends, and despite asking them to stop, they continue. Additionally, some teachers are spreading the rumors to other teachers.... View More

James L. Arrasmith
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answered on Mar 24, 2025

Dealing with rumors at school can be incredibly challenging, and it's completely understandable that your self-esteem is suffering as a result. While you've already tried asking your friends to stop, sometimes a more formal approach becomes necessary when personal requests aren't... View More

1 Answer | Asked in Education Law for Virginia on
Q: Can a judge order someone to not go to public school?
T. Augustus Claus
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answered on Jul 4, 2023

Judges do not have the authority to order someone not to attend a public school without a valid legal basis.

1 Answer | Asked in Banking, Civil Litigation and Education Law for Virginia on
Q: Does VA law require a notary to sign when notarizing a document?

A document that I recently had notarized by Bank of America is being rejected by my university on the grounds that the notary hasn't signed it. While attempting to research this online, I have yet to find definitive answers.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 26, 2023

There are seven (7) items required for the notary to state on each document being notarized:

1. The name of the county or independent city in which the document is signed

2. The date the document is signed.

3. The notarial statement – what is being notarized (i.e. a...
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1 Answer | Asked in Employment Law, Education Law and Libel & Slander for Virginia on
Q: My spouse has been accused (verbal and In Writing) of “forcing subordinates” to falsify documents (student grades).

Additionally, her employer (for profit college) has been accused of violating Virginia Board of Nursing practices. The institution is being represented, and tell my spouse “not to worry, they represent her too”…I am afraid she will be made scapegoat. Do I need an employment or defamation attorney?

Steven Krieger
Steven Krieger
answered on May 11, 2022

You may need both, but it depends on the allegations in the complaint and if she's a named party. If not, and she simply wants to sue for the defamation, then you only need a defamation lawyer. I don't think the company's lawyer could properly represent her as well. I'm sure... View More

1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2021

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... View More

1 Answer | Asked in Education Law and Small Claims for Virginia on
Q: Can I take legal action against my school?

My college sent me an email with a balance back in December 2020. I have emailed them and never received a response even when I tried to make a payment. I was sent to collections and started receiving phone calls this month constantly. I have emailed my college and they claim to have never received... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2021

A Virginia attorney could advise best, but your post remains open for a month. One could only speculate as to why the university is not responding to you. One reason could be (and this is only a guess) that once they send a matter to collection, they will stay clear - where the only line of... View More

1 Answer | Asked in Education Law and Tax Law for Virginia on
Q: Can you go after The Department of Education for wrongfully taking full tax refund

My student loans were in default but through the department of education I was placed into a rehabilitation program. I made every single payment each month, I never missed a single one. I am out of default and made all required payments to the program. My tax refund was taken in full by the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 30, 2019

The Department of Education did not violate any laws by taking your IRS refund check as partial payment on your federally insured student loan. Regardless of whether or not your rehab program is up-to-date, the fact remains that you are still in arrears on the student loan debt. Additionally, since... View More

1 Answer | Asked in Education Law for Virginia on
Q: Can public schools start the day with a "prayer-like" service? They claim to be honoring the US, but it's sketchy.
Jay Braddock Jackson
Jay Braddock Jackson
answered on Dec 12, 2018

There is really not enough information in your question. In Virginia, school officials may not impose prayers or organize prayer events, Additionally, a school's public meeting space or school auditorium may not be turned into a local church for religious celebrations.

The First...
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1 Answer | Asked in Education Law for Virginia on
Q: Hello! What is considered legal custody in § 22.1-3. Persons to whom public schools shall be free?

I have legal custody of my little cousin by Provisional Mandate (from Louisiana) after the death of my aunt. I had no issues enrolling her last year at a Loudoun County school, yet this year, months after classes have started, I was contacted and told that the Provisional Mandate is not enough.... View More

Jay Braddock Jackson
Jay Braddock Jackson
answered on Nov 2, 2018

The Provisional Mandate may not be the real issue. Article IV, Section 1 of the U.S. Constitution essentially gives effect in Virginia to judicial decisions of other states. Since the Provisional mandate is not a “judicial decision’ per se, it probably does not fall under this (“Full Faith... View More

1 Answer | Asked in Education Law for Virginia on
Q: If I have reason to believe the education standards at my son's school aren't up to par, what do I do?
Jay Braddock Jackson
Jay Braddock Jackson
answered on Oct 3, 2018

That's a broad question, as "education standards" are generally measured by achievement. Is it a public school or private? Where, in your opinion, does the education fail? I would recommend that you make special note of the reasons that you feel that the school is failing, determine... View More

1 Answer | Asked in Education Law for Virginia on
Q: The school wants to handle a fight between my child and another within its system and says we shouldn't involve the

courts. Can I still choose to file a lawsuit against the other kid for medical bills?

Jay Braddock Jackson
Jay Braddock Jackson
answered on Aug 24, 2018

If the fight between them occurred off of school grounds, you may do as you wish. Presuming that the fight occurred on school grounds, any rights you have to pursue a recovery should not be reduced. However, your lawsuit against a child is not likely to provide much in the way of a recovery, so... View More

1 Answer | Asked in Education Law, Workers' Compensation and Employment Discrimination for Virginia on
Q: PT told my wife her severe vertigo is related to multiple concussions she received from students at school, which were

claimed along with other hip, arm, leg, etc injuries (multiple incidents). She's a special education teacher in a public school system. She was already on sick leave about two weeks for an unrelated illness (not WC) when the vertigo sent us to the ER, about six weeks ago. During a recent... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 16, 2018

If she has a disability due to a work-related injury, she first needs to have notified her employer of the accident giving rise to this disability within thirty (30) days of the accident. Then, she needs to have filed a claim with the Virginia Workers' Compensation Commission for the accident... View More

1 Answer | Asked in Education Law for Virginia on
Q: Can I request a special needs evaluation for my kid at any time during the school year?
Lori E. Arons
Lori E. Arons
answered on Mar 9, 2018

Absolutely, yes! Be sure to make the request in writing as the timeline within which they must meet with you to discuss the nature and scope of the evaluation starts to run the day they receive your written request. I like to hand deliver these types of letters, and have someone at school sign... View More

1 Answer | Asked in Education Law for Virginia on
Q: My son is autistic and in the special needs program at his elementary school. Can I have a say in making modifications

to his education program if I don't think it's meeting his needs?

Kevin Shields
Kevin Shields
answered on Jul 29, 2017

Yes, absolutely. As the parent, you are a member of any group that meets to decide services or placement for your son.

The law is clear regarding parent participation in meetings:

The parents of a child with a disability must be afforded an opportunity to participate in meetings...
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