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200 legal questions have been posted about education law by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include school law, and special education. All topics and other states can be accessed in the dropdowns below.
Education Questions & Legal Answers - Page 6
Do you have any Education questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 200 previously answered Education questions.

Recent Legal Answers

Can a school/municipality be sued for not teaching a child?

Answered 10 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You could be able to get what is called "compensatory education" which is addtional educational time, either through a summer prgram called extended school year, or through an additional year in high school beyond senior year.  
You could be able to get what is called "compensatory education" which is addtional educational time, either through a summer prgram called extended... Read More
This is a dliema.  Your district does not have to provide him with any services unless he is registered in the district and receiving the services within the district.  I fyou have gone to a private school, your public school district doe snot have to provide your child with services.  ... Read More
This is a dliema.  Your district does not have to provide him with any services unless he is registered in the district and receiving the... Read More

can she file for harassment restraining order?

Answered 10 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You can try that avenue, but for more immediate relief I would go to the school administration today.  Demand an appointment, bring the phone, and show them the messages.  Most, if not all schools, have anti-bullying policies that include social media of any kind, texting, twitter, etc. ... Read More
You can try that avenue, but for more immediate relief I would go to the school administration today.  Demand an appointment, bring the phone,... Read More

teacher harassing

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You should ask for a meeting with the teacher and the teacher's supervisor - if that is a department head or the principal.  Present a written list of your concerns and ask for the issues to be addressed whether your son is being harassed, or whether something the teacher is doing is leaving your son with the impression he is being singled out.... Read More
You should ask for a meeting with the teacher and the teacher's supervisor - if that is a department head or the principal.  Present a written... Read More
I don't know what your legal question is baces on this information.  I don't know why the prospective employer would not have been able to wait to obtain a certificate from the school, or how you will prove that the school was negligent or if there are other issues why your school records could not be found.... Read More
I don't know what your legal question is baces on this information.  I don't know why the prospective employer would not have been able to wait... Read More
Usually if the parents do not have an attorney, i do not attend the IEP meeting.  You can request that the lawyer not attend. the only purpose in the lawyer attending is usually after the parents advise the district they have an attorney and the attorney is going to attend. 
Usually if the parents do not have an attorney, i do not attend the IEP meeting.  You can request that the lawyer not attend. the only purpose... Read More

Can a 17 year old dropout of high school without parental permission

Answered 11 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
No - at age 17 you are not an adult, and must still comply with your parents rules.  You will not be able to drop out of school unless they consent, and if you do not attend you will be truant.  Besides the legal answer, as a mom I would say you have to stay in high school and get your diploma, you will regret it if you do not.  If you are unhappy with the school you are in. talk to the guidance counselor about vocational or trade school, or some other laternative to get your highschool diploma. ... Read More
No - at age 17 you are not an adult, and must still comply with your parents rules.  You will not be able to drop out of school unless they... Read More
No - you most likely do not have the right to the background checks, but you would have the right to ask if such checks are conducted, or to see a written policy about the places hiring process and the qualifications of the employees.
No - you most likely do not have the right to the background checks, but you would have the right to ask if such checks are conducted, or to see a... Read More

Can a social worker at school ask a minor student about medication they take?

Answered 11 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
There is no reason not to tell the school. If there is some kind of investigation, the school should be given all of the information including his diagnosis and what medication he takes.  That would be for his own protection.  If he has ADHD, and takes medication for it during the school day, the school may have to make accomodations for him.... Read More
There is no reason not to tell the school. If there is some kind of investigation, the school should be given all of the information including his... Read More

Is the the school responsible

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
I would wait to see if your son has any further injury.  it is very difficult to sue a school system, and the proof of liability and/or negligence is very high.  You need to put in writing what occured, and if necessary get the school to put a 504 plan in place which would provide an accomodation for your son's injury.... Read More
I would wait to see if your son has any further injury.  it is very difficult to sue a school system, and the proof of liability and/or... Read More

do i have rights to enroll myself into school?

Answered 11 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
It is my understanding that once you have a child, you are emancipated, or legally an adult.  You therefore have the right to enroll yourself in school and the school is going to have to do something to accomodate you and your child.  Good luck - and stay in school if it is at all possible.  If you need some guidance, feel free to call my office.  ... Read More
It is my understanding that once you have a child, you are emancipated, or legally an adult.  You therefore have the right to enroll yourself in... Read More
Private schools do not need to comply with the same requirements as the public schools.  They do not have to follow an IEP and they do not have to provide modifications.  the same is true even if you sne dyour child to an out of district school and pay private pay tuition.  Some school districts allow that if the district is not overly corwded.  In that case, a child attending a public school as a private pay student is still treated as being in "private school" and the school does not have to provide services. You might be better staying the pulic school and fighting for your child's rights.... Read More
Private schools do not need to comply with the same requirements as the public schools.  They do not have to follow an IEP and they do not have... Read More

What type of guardianship is needed to enroll a child in school

Answered 11 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You are not giving guardianship , you are conseting to the enrollment of the child in another idstrict, you have to sign an affidavit indicating that your sister is providing for the child, and that the child is not just temporarily residing there because its a better school district.   ... Read More
You are not giving guardianship , you are conseting to the enrollment of the child in another idstrict, you have to sign an affidavit indicating that... Read More

is depression considered a disability under ADA LAWS ?

Answered 11 years and 9 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
You need to have your son's doctor, who ever is treating him for the depression and anxiety, prepare a report that indicates that this condition is preventing your child from getting the education to which he is entitled.  It is not the condition itself that is disabling, but the effect that it has on your son's ability to attend school and benefit from the education.  He will most likely need a 504 plan or an IEP (Individual Educational Plan) that may include placement in another school.  But the first step is providing the school with some documentation that your son has this condition, and that a doctor is indicating it interferes with his education.... Read More
You need to have your son's doctor, who ever is treating him for the depression and anxiety, prepare a report that indicates that this condition is... Read More
First of all, congratulations !!  second, I don't know if they can force you or not but you should !  It is an accomplishment to be proud of, and don't let a fear of public speaking or some other reason deprive you of the opportunity to be recognized for the accomplishment.  If nothing else, stand up and thank the people that helped you along the way, and if no one did, stand up and say "I did this on my own".   ... Read More
First of all, congratulations !!  second, I don't know if they can force you or not but you should !  It is an accomplishment to be proud... Read More
The child has to be registered in the District in order for the District to have the obligation to do the evaluation.  A tuition student from another district is treated the same as "private" school in that the same public school requirements are not in full force.  Your child will have to be evaluated by his/her home District because that is the District that has the obligation to provide free Access to Public Education (known as FAPE). ... Read More
The child has to be registered in the District in order for the District to have the obligation to do the evaluation.  A tuition student from... Read More

out of district school better for childs well being

Answered 11 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
If your child is having emotional issues adjusting to a new school, the school will not approve an out of district placement for your child to return to the original school district.  An out of district placement is a remedy available only when the school district cannot provide educational services to meet the needs of the child.  the new school district will supply counseling and support services to help your child adjust, but will not send the child back to the original school district. ... Read More
If your child is having emotional issues adjusting to a new school, the school will not approve an out of district placement for your child to return... Read More

Can I take legal action as teacher who got hit by a student?

Answered 12 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Education
This is going to depend on the age of the student, how much of a discipline problem the student was, and some other factors.   If you suffered damages, you may have a worker's compensation claim. 
This is going to depend on the age of the student, how much of a discipline problem the student was, and some other factors.   If you... Read More
Procedures for addressing academic disciplinary action typically vary by school.  It is important to know what the school handbook and policies are before knowing how to proceed. 
Procedures for addressing academic disciplinary action typically vary by school.  It is important to know what the school handbook and policies... Read More

school harrasment

Answered 12 years and 4 months ago by Ms. Kimberly Demetrice French (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Education
Texas recently enacted an anti-bullying law, which may be helpful to you and your daughter. Texas Education Code Chapter 25, Section 25.0342 offers a parent an opportunity to transfer their child to another campus if their child has been determined by the school to have been bullied. You will need the cooperation of the school to have your child transferred, but it can be done. For more information, please see here: http://www.tea.state.tx.us/CSH_Bullying.html... Read More
Texas recently enacted an anti-bullying law, which may be helpful to you and your daughter. Texas Education Code Chapter 25, Section... Read More

Do you know of a lawyer that can represent me in a case with Texas Southern University regarding a doctoral program issue?

Answered 12 years and 5 months ago by Ms. Kimberly Demetrice French (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Education
What kind of doctoral program issue are you having? Are you a student or a professor? Please provide more information if you can to help us determine what kind of help you need. 
What kind of doctoral program issue are you having? Are you a student or a professor? Please provide more information if you can to help us determine... Read More

can a student in possession of adderall with a valid prescription be charged with a felony?

Answered 12 years and 5 months ago by Ms. Kimberly Demetrice French (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Education
Possibly. If your son is accused of intending to distribute those pills to students without prescriptions, then yes, that is a crime. However, if your son has never been in trouble with the law before, he may be eligible for a diversion program that will keep the crime off of his record. It generally involves anti drug classes, a period of probation, and no other crimes committed while he's in the program.    His expulsion from school can be appealed, however. See page 17 in the HISD code of conduct here: http://www.houstonisd.org/cms/lib2/TX01001591/Centricity/Domain/17014/Code%20of%20Student%20Conduct%202012-2013.pdf... Read More
Possibly. If your son is accused of intending to distribute those pills to students without prescriptions, then yes, that is a crime. However, if... Read More
The school has the right to teach its own program.  The terms "8th grade math" do not describe the level of math, only the grade in which your son learned the math.  It is possible that the school is giving him the next level of math without calling it "9th grade math".  You need to look at the topics being taught.  Is it algebra?  Geometry? Pre-calculau?  Don't get fixated on the grade level.  Different schools introduce these subjects at diffferent times.  If he has already completed geometry, and they are trying to teach him geometry, ask for him to be tested on that subject, and upon successful completion on that subject, move to the next level.  ... Read More
The school has the right to teach its own program.  The terms "8th grade math" do not describe the level of math, only the grade in which your... Read More
No - it is not.  you must complete the required prerequisites before you can get credits for the class.  The college/university is entitled to make those rules, and may be complying with certain licensing regulations as well. 
No - it is not.  you must complete the required prerequisites before you can get credits for the class.  The college/university is entitled... Read More
You do not have to give consent, and you do not need a reason.  If you have a reason, then they are not required to accommodate it.  The range of services that can be provided are in the New York State regulations, which you can read.  I am unsure if you want an evaluation or not, and if you want services or not.  You need to determine these issues first.... Read More
You do not have to give consent, and you do not need a reason.  If you have a reason, then they are not required to accommodate it.  The... Read More