Pennsylvania 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

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

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 Answer