Education Legal Questions

Any attorney  familiar with breach of contract of breach of duty would be able to address this issue. However, this would be a very difficult case to win.  You would have to prove that the only reason you did not get the job is because of misinformation provided by the college.  If the employer intended to hire you, and that misinformation was supplied, then the employer would have most likely followed up with you or the college as to your status, especially if you provided your college transcripts.   I don't know what duty the college has to you regarding information or how you prove that they breached that duty. ... Read More

It would seem that the school administration can share the disciplinary action with other teachers and/or guidance counselors.  If the administration sent the email naming the students to other students or parents, there might be an issue, but I'm not sure that the student has any "right" to have the disciplinary action kept private from other staff members. ... Read More

It sounds like you need to get a meeting of the Child Study Team as soon as possible.  If your child is not receiving the education she is entitled to receive, then you have an avenue of appeal to the school system and to the courts through the Office of Administrative law.  If the school is offering to send her to a special school. then the school recognizes that there is an obligation to provide educational services, and what you are offering, by having home schooling plus an evening program, is probably less expensive for the school district to implement than a special school. ... Read More

The compulsory education law (N.J.S.A. 18A:38-28 through 31) requires all children between the ages of 6-16 to attend school.  The attendance regulations (N.J.A.C. 16:6-7.8), require each district board of education to develop, adopt and implement policies and procedures regarding the attendance of students, including the adoption of a definition of “unexcused absence,” and the provision of mandated services for students with between one and nine cumulative unexcused absences and a mandated court referral for truant students, those with ten or more cumulative unexcused absences.  You need to work with the school system to have your son's absences be classified as "excused" rather that "unexcused".  You should ask the teachers, advisors etc. about making up  missed work, and what other academic work he can do while on this trip.  The key is to have the absences not be "Unexcused".  Good luck and enjoy your trip. ... Read More

You need to look at the policies that are in place in your school.  There must be some kind of discipline policy, and then listed in the policies will be some way to appeal the discipline if you do not agree or feel you have been disciplined unfairly.  Find out if there were any witnesses that said you did this.  Ask the other people who were there to say that you did not do anything.  Try to find out if there was something more presented than just one teacher saying you did something and ask for a hearing.  Good luck.... Read More

This is na argument you will not win.  You can always enroll your daughter in private kindergarten and then start her in the first grade the following year.  The birthdate deadlines are put into place because they work for the majority of children.  Many parents, epecially parents of boys with birthdates close to the deadlines, still hold their children back because it allows them to be more mature and more ready.  There is no rush !... Read More

Most schools have a bullying policy, but private schools are not under the same state mandated educational requirements as public schools are.  The policies vary from school to school, and your ability to claim a violation of the policy, or claim that the school is negligent for not having a policy are different with private schools versus public schools. ... Read More

As a continuing contract teacher you can only be dismissed by the School Board. The Superintendent can only recommend. Then you are entitled to due process - A Hearing.  You should have your case immediately analyzed for its strengths and weaknesses so you can determine a course of action. Call Mr. Stone at 703-684-0200 if you wish to discuss this matter further. ... Read More

If the school did not follow a 504 plan it developed for your son, you may have a claim against them.     There will be questions about the specificity of the 504 plan.  You will need evidence to support the correlation between the failure to follow the plan and the effects on his education.  He might also need more than a 504 plan -- he may need an IEP.  This is all very fact specific, so you should talk to an education lawyer or advocate as soon as possible .     Penelope A. Boyd 610-692-3400... Read More

This must be very upsetting to you !  I would immediately request a meeting with the principal, and follow up by putting your concerns in writing.  Does your son have a cell phone?  If you can make a recording of the verbal abuse that your son suffers, that would be very good evidence.  Talk to the other parents and find out if anyone else is being verbally abused in this manner, or heard the statement that the teacher said to your son.   If you keep your son out of school, make sure that the principal knows you are not letting your son go back to school until the situation is addressed. ... Read More

I don't think that students speaking to each other should be required to speak English if they are not disturbing the class or interupting the lecture.  I would think that would be a matter of common courtesy.  However, in college or university, the professor may have his or her own rules in the class.  For example, I teach a night class from 6-9 pm.  It does not bother me if my students bring food and eat quietly during class because I know they work during the day, have driven to class, and otherwise might not get a chance to eat.  If a student brought crunchy chips, or noisy wrappers, I might ask that they not eat during class so as not to disturb other students.  I think that would be my right in the class I am teaching.  If not speaking English has become an issue, ask the person teaching why it is an issue, and what can be done to resolve it. ... Read More

It is very very hard to make a change.  With a lawyer, you can demand that the bullying be abated.  You have to show that this school cannot abate it.  The school loses money when they pay for someone to go out of district, so they will not grant this wish without a fight.  If you want to pursue it, let me know.  Just know it is a longshot.  Consider private school.... Read More

Yes - your son sounds like he is being deprived his rights.  Every child in New Jersey has a right to free and appropriate public education.  Do you have an IEP in place?  And the school is failing to comply with that IEP?  you need to request, in writing, for a meeting with the child Study Team immediately.  You should provide them a list, in writing, of each place in the IEP they are filing your son.  Get a plan from the Child Study Team to address each of the concerns, and if they do not do that, you have a case against the Board to enforce the IEP.... Read More

If your child was supposed to be on the bus or left as a walking student, and the school was holding him, they need to notify you that he is remaining in school.  Usually the parents get called about that, it would be different if they called and said they could not reach you, but they are not allowed to simply hold the child for after school detention and not advise you - not in the third grade.... Read More

Bullying is a very difficult issue in schools and, unfortunately, the actions that you as a parent can take are limited.  I would advise you to write a letter to the superintendent of your school district that details each incident when your daughter felt that she was being harassed or bullied, even if you believe that you have verbally told other administrators or the superintendent about all or some of these problems previously.  You need to be as specific as possible (dates, times, places, students involved, students or adults who might have witnessed harassment).  If your daughter thinks she knows the reason for the harassment, i would include that as well.  I would advise that you ask the superintendent to conduct an investigation into the harassment and i would ask that he provide you with written results of the investigation.  If you feel that your daughter is not safe, you should include that in your letter.  You can also ask to have your daughter transferred to a different school within your school district, but that request does not necessarily have to be granted.  I would send a copy of the letter to the principal of your daughter's school.  You could also ask to have a meeting with the superintendent, the school's principal, and maybe a guidance counselor at the school or a teacher with whom your daughter has a good relationship.  During that meeting you could ask that your daughter be allowed to go to the teacher or guidance counselor if she feels unsafe at school.  If you have other ideas for how to keep your daughter safe, I would certainly share those with the school during the meeting.  Obviously, if your daughter is physically assaulted, you could go to the police department to report the incident. Good luck.... Read More

Private schools are not subject to the same regulations as public schools.  The ability of an attorney to represent your daughter is going to depend on the policy of the school and how the appeal hearing is going to be conducted.  An attorney may not be allowed.  Were drugs tests conducted?  Does the school have a policy on expulsion for this type of incident?  Who conducted the search?  There is a lot of information needed, as well as a review of the school's policy.  Good luck. ... Read More