Education Legal Questions

A person can use deadly force in self defense if he reasonably believes that his life or limb is in imminent danger. So if this person on maple street reasonably believe that it was necessary to shoot his victim because his victim would use deadly force against him then he may have a self defense claim. ... Read Answer

You need to make a motion in the child support case to terminate the support order because the DNA evidence proves that the child is not yours. File the motion with the clerk of court and serve it on your ex girlfriend. Once the Judge reviews the DNA results, the order will be terminated. ... Read Answer

"So I as a mother I went back to the teacher classroom and tried to see what was going on. But the teacher wouldn’t tell the truth so I called her a racist and Liar." Well - that'll do it and then trying to fight the teacher just added to the pile. This is not how adults handle confrontations. You need to address this with the criminal lawyer you hire to address the charges. You need to hire one ASAP. ... Read Answer

You should retain a personal injury lawyer in your state to investigate the matter to determine if the school can be held civilly liable. The issue in the case is whether the school officals were on constructive or actual notice of the problem and failed to take steps to protect your grandson in spite of that notice. ... Read Answer

Yes, if the student was habitually doing this to other students, then the school had constructive notice, if not actual notice, of this dangerous problem. A lawsuit could be maintained against the school and possibly the parents of the student for their neglect. There are shorter statutes of limitations when you sue a sovereign entity, so you should retain counsel here in Florida for contingency-fee representation, which means you don't pay anything, unless you win.    Stephen Black, Esq. (407) 616-6502 (cell phone)   ... Read Answer

First, let me state that I am happy to see you are standing up for your child against ridiculous requirements.  Unfortunately, the Supreme Court decision was limited to the PA Department of Health and did not effect the autonomy of local school boards who, since March, 2020, have been citing recommendations by the CDC.   Any such challenge would have to be made in court and I am not certain if the Court of Common Pleas or the Commonwealth Court is the proper venue. Your understandable frustration is similar to the frustration and anger exhibited by parents prior to the November 2, 2021 election.  That election saw numerous school boards refreshed with parents who were fed up.  Since most, if not all, PA courts decreed mask wearing in courts, it seems unlikely that any one court would side with reason and common sense on this issue, but we will never know if no one tries. Education Law is not my area of practice but I am more than happy to try and help you find competent counsel if you wish to explore this further.  In that event, feel free to call or email me on a free initial basis.             Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Law is exceptionally challenging. But it also has rewards beyond the financial. Analytical skills are key. Writing well is paramount. Embracing a focused concentration area as early as possible cannot be over-emphasized. If you are one of the forutunate few who recognizea where she/he belongs, choose your school accordingly. The importance of geographic location may fade. But for now, young lawyers benefit greatly from the faculty and student contacts established in school. It's no wonder why so many stars from the arts, music, food, politics, and other fields rose from New York City. Any great city helps students focus on what they do best. And then others recognize over-achievers in their field, which opens more doors. As for bar admissions, all 50 states in the USA have different criteria for admission. Most require passing a multi-state bar exam. Some have reciprocity with other states. Each state requires a lawyer to demonstrate that he/she has the minimal competence to apply that particular state's law in practice and each state defines how lawyers must do so prior to being admitted.  ... Read Answer

Post your question in consumer fraud. Attorneys who handle civil litigation class actions, think consumer protection here, might be interested in these facts. You need a law firm which can throw a lot of money at a case meaning class members or many potential clients. I think our president's university was sued and settled so those lawyers might be a good place to start. Or speak with some education lawyers who sue schools for hostile workplaces or other unsafe conditions. Your question is consumer fraud and consumer protection. You might call the state attorney general's office also. That office protects all of us from unsavy people who operate here. They have a consumer protection unit I believe. Good luck!... Read Answer

You need to come up with the 1800.  An attorney might try to make calls or send letters but the cost of their time will inevitably not be worth it for you.  Perhaps you can take a small bridge loan or borrow from family.  Otherwise, if you came to my office, I would charge for a consult and make some calls and see if we could get this straightened out.  Please feel free to reach out to us if you need further assistance.  Good luck. ... Read Answer

What is the problem? Are you unhappy with the school's practices? I don't believe you have a private right of action and I don't know what your claim would be. You need to offer more detail and explain how you feel wronged. If the teacher is goofing off, contact the school. If they take no action, contact the Board of Education. Good luck. ... Read Answer

There is no cause of action for educational malpractice.  There are only cases for following the IEP or not.  If there is an IEP and it was followed, that is all the school is required to do.  If you want more provisions in the IEP, you will need to call a CSE meeting and have it amended.... Read Answer

No one should be having that many seizures.  You need to see a different doctor.  However, as to school, your daughter needs what is called a 504 plan.  It is a plan that modifies school and gives services to meet her disability.  She must go to school, but what form that takes depends upon what you work out.  A 504 plan requires a recommendation from the neurologist as to what modifications are medically needed.... Read Answer