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Washington Education Law Questions & Answers
1 Answer | Asked in Civil Rights and Education Law for Washington on
Q: If I am actively trying to file a complaint with my school for violating my ADA should I continue to sign documents

I am mot sure what documents I am signing that my school is sending me while I am actively in the process of finding a lawyer to help with a violation of my ADA. Can I hold off on any further signing and would I be dropped from school for this

James L. Arrasmith
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answered on Dec 5, 2023

If you're in the process of filing a complaint against your school for violating the Americans with Disabilities Act (ADA) and are unsure about the documents your school is asking you to sign, it's generally advisable to refrain from signing until you fully understand their content and... View More

1 Answer | Asked in Education Law for Washington on
Q: Can a Jr. High school search a minor due to her passing out in school in Wa state after parent informed school of reason

Teenager felt sick at school so they decided to search her. Another day she passed out. School decided to search her again and both times they asked if she was doing drugs. They had already been informed that she hasn't been eating like she should due to others saying she was fat. She only... View More

James L. Arrasmith
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answered on Nov 9, 2023

In Washington state, public schools have the authority to search students if there are reasonable grounds for suspecting that the search will yield evidence that the student has violated or is violating either the law or the rules of the school. However, the scope of the search must be reasonably... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Washington on
Q: Disability Accommodations and Undergraduates Rights to a character hearing after dismissal?

I am seeking urgent legal advice regarding a complex situation involving a university student with an active 504 Plan. Despite the plan's provisions, the university fails to accommodate the student's ADHD effectively due to platform limitations unbeknownst to the student during the... View More

James L. Arrasmith
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answered on Feb 24, 2024

Given the complex circumstances surrounding the student's dismissal and the potential violations of their rights under the 504 Plan, it is advisable to seek legal counsel promptly. The failure of the university to effectively accommodate the student's disability, compounded by their... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Education Law for Washington on
Q: PE teacher slapped back of daughters hand

My daughter is in middle school in Washington state. She went to school today wearing some wedged boots forgetting that today was PE. When she entered the gym both teachers surrounded her and belittled her. They also made her hold her hand out and slapped the back of her hand. Do I have any... View More

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

A Washington attorney could advise best, but your question remains open for a week. I'm sorry this happened to your daughter. From the situation you describe, it's possible evidence could be of a fleeting nature in terms of video recordings or eyewitness recollection. You could reach out... View More

1 Answer | Asked in Education Law for Washington on
Q: I live in Washington state can a school district force a parent to put them in a residential school out of state?

My son is 12 year old with disabilities. We live in Washington state. The district sent my son to residential school in New York I was concerned with his safety. The district here in Washington state agreed for him to come home and finish school here. The day he got back to Washington everything... View More

Ryan Ford
Ryan Ford
answered on Jun 23, 2022

This is a complex question that requires additional information. There are circumstances where a school district can force a placement but the parent then has the option of filing for due process or revoking special education services. Depending on the circumstances, I'm often able to... View More

1 Answer | Asked in Education Law for Washington on
Q: Is it illegal for a high school to deny graduating because of missing credits due to medical condition?

My high school won’t let me graduate because they don’t want to clear credits I didn’t obtain due to a chronic medical condition. Help please.

Tim Akpinar
Tim Akpinar
answered on May 30, 2022

A Washington attorney could advise best, but your question remains open for two weeks. If the school's conditions are in compliance with federal and state education requirements, they would likely be considered lawful. Attorneys could meaningfully advise on that after reviewing the situation... View More

1 Answer | Asked in Employment Law, Personal Injury and Education Law for Washington on
Q: I used to be a mascot in college and got a skin disease from it that has now lasted years. Is there Anything I can do?

The school was in Washington state and I was paid for being the mascot. I told them about it and had to stop working after I got a child’s skin infection from the suit.

Tim Akpinar
Tim Akpinar
answered on May 8, 2020

A Washington attorney could advise best, but your post remains open for two weeks. Unfortunately, this looks like it would be a tough case. When you say "years," that raises concerns about statute of limitations issues. That aside, if other mascots did not suffer similar reactions to the... View More

1 Answer | Asked in Education Law for Washington on
Q: Can public schools make transgender students use private bathrooms only?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

See: https://www.aclu-wa.org/docs/rights-transgender-people-washington-state

See: https://kctransguide.org/your-rights-in-washington-state/

That sounds like a possible violation of WA State law re: allowing transgender people to use public restrooms. More details are necessary to...
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1 Answer | Asked in Education Law for Washington on
Q: can i sue a school for mis handeling my federal student funds

a college im attending has mis handled my federal funds to the point of it causing me to fail my cklasses its been over two months and they wont disburse my money or even give me access to it

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

It depends on what you mean by mishandled. If they violated laws re: the disbursements, that's one thing. If they are refusing to release to you your funds for valid reasons such as non-enrollment, that's a different story. More details are necessary to provide a professional analysis of... View More

1 Answer | Asked in Education Law for Washington on
Q: my son told me he was molested 2 years ago by another kid. the bus and the school failed to notify us what can we do?
Ryan Ford
Ryan Ford
answered on Aug 29, 2018

Do you have reason to believe that the bus driver or school or school district was aware your son was molested by the other child?

1 Answer | Asked in Education Law for Washington on
Q: There is a group of teachers being bullied by our principal. We have gone to HR several years with the same complaints.

Nothing is being done. What can we do to stop the bullying.

Ryan Ford
Ryan Ford
answered on Jun 28, 2018

What is the nature of the bullying? Please provide more detail. Thank you.

1 Answer | Asked in Education Law for Washington on
Q: My district won't evaluate my kid for special needs -- how do I appeal this?
Lori E. Arons
Lori E. Arons
answered on Feb 25, 2018

As a parent, guardian or advocate, you have a legal right to request that your public school evaluate your child for special education. Federal law, the Individuals with Disabilities Education Act as amended in 2004 (IDEA), gives you that right. States are obligated “identify, locate, and... View More

1 Answer | Asked in Education Law for Washington on
Q: My sons school has not followed the bulling policy by legislation. What are the next steps?

School has not made any reports when my son and I have complained about bullying, they said they would move the other students but have not done so, and another school did not follow the IEP the year before.

Ryan Ford
Ryan Ford
answered on Jan 11, 2018

Regarding the bullying issue you could file a formal Harassment, Intimidation Bullying (HIB) complaint with the District.

Depending on the nature of the bullying and the District's failures you may have a viable negligence or Section 504 lawsuit against the District.

If the...
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1 Answer | Asked in Business Law, Contracts, Family Law and Education Law for Washington on
Q: is there a law that daycare centers MUST prorate for days the child misses it they are there full time?

My sons dad is trying to get out of paying for daycare unless they prorate cuz he misses 5 days. He is now 2 months behind in daycare.

Ryan Ford
Ryan Ford
answered on Aug 3, 2017

There's no law that I'm aware of. You look at the terms of the contract you signed and agreed to. If the contract says prorate, you prorate. If the contract says it's a fixed rate regardless of days missed, you pay in full. If the contract is silent, there's a decent... View More

1 Answer | Asked in Education Law and Juvenile Law for Washington on
Q: How old do you have to be to drop out of highschool on your own in Washington state?
Ryan Ford
Ryan Ford
answered on Jul 11, 2017

Like all other states, Washington State has a compulsory attendance law. For Washington, children from 8 - 18 must attend school with few exceptions.

1 Answer | Asked in Communications Law, Civil Rights, Criminal Law and Education Law for Washington on
Q: Can you record conversation that you are a party too?

if I call my daughters school can I record conversation of their office employee who lies about prior conversations and has caused problems but her supervisor didn't believe you before so you will be able to prove it? (Can't say it is being recorded because then she won't speek... View More

Ryan Ford
Ryan Ford
answered on Jul 11, 2017

No. Pursuant to RCW 9.73.030, you may not record your conversation with the office employee without her consent. RCW 9.73.030 does, however, offer a caveat:

"Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has...
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