Skip to main content
Frederick M. Stanczak

Frederick Stanczak’s Answers

146 total


  • As a 17 year old without parental guidance i am considered an unaccompanied youth. Can i go to school in another state

    I want to go to California and finish my senior year of high school. Will i be covered by the mckinney vento a. Im considering ca because i planned on attending college there

    Frederick’s Answer

    When you reach age 18, you will be considered as an adult under PA law. At that point, you can live on your own and establish a residence wherever you wish. It's not clear what you mean when you say that you are "without parental guidance" and that you are an "unaccompanied youth". If your parents are unable or unwilling to provide support, you may be considered an emancipated youth and entitled to be treated as an adult.

    See question 
  • Can i get a tuition fee refund if my elementary school son who's in grade was ejected from school because of having mild adhd?

    my Grade 1 son was admitted at a private school and already spent 1 month, he was not that attentive like other children. the school decided that he must be ejected because the teachers cannot focus on teaching for they had to attend to my son who...

    Frederick’s Answer

    I agree with both of the attorneys who answered your question. I would encourage you to contact an attorney who has experience in education, disability and contract issues. There is also the possibility that the American's with Disabilities Act (ADA) applies to your situation, and would require reasonable accommodations for your son. The ADA wouldn't apply if the school is a religious school.

    See question 
  • Do I have the power to have my son taken out of a self-contained SED classroom and taught in a General Education classroom.

    My child receives Special Education service and has an IEP contract. The IEP states he will receive most of his Special Education in a self-contained classroom setting for SED (serious emotional disturbance) children. This classroom setting ...

    Frederick’s Answer

    Based on the facts related in your question, it sounds as though there may be significant problems with the school district's identification and placement of your child. If he has Autism, an SED placement would likely be inappropriate. You may want to obtain private evaluation of your child, either by asking the school district to pay for it or by funding it yourself. I suggest you contact an experienced special education lawyer in your area for a consult. Many lawyers offer a free consultation. If you bring a due process claim against the school district and you win your case, the school district has to pay your attorney's fees.

    See question 
  • Are Pa public schools required to follow doctor orders for administration of Diastat for a child with Epilepsy?

    My child received diagnosis almost 2 years ago while attending grade school. The school hired a nurse to monitor my child throughout the day and carry the emergency medication on their person for immediate access of administration. That nurse was...

    Frederick’s Answer

    You have a legitimate concern as to whether the school district is properly implementing the doctor's orders. Your child's diagnosis of Eplipsy most likely entitles him to reasonable accommodations as a child with a disability under Secion 504 of the Rehabilitation Act. If so, he should have a written - and legally enforceable - accommodaion plan. The Plan should incorporate the doctor's instructions. These are referred to as a "Section 504 plans" or, in Pennsylvania, a Chapter 14 Service Agreement. If the school district is not implementing the doctor's orders, I suggest you contact an attorney experienced in special education law for advice and a discussion as to how best to address the situation with the school district.

    See question 
  • Is it illegal in PA to add a confession of judgment clause into a post-secondary school enrollment form?

    I am trying to add a 'confession of judgment' clause to my contract for school enrollment. Someone told me that is illegal in PA. I can't find it anywhere stating that it is illegal.

    Frederick’s Answer

    Confession of judgment clauses are allowed, but you will need to assure that it is properly drawn, or it could be deemed unenforceable by a court. It would most likely be worth your while to consult with an attorney to discuss the requirements for this type of clause. This is really a contract question rather than an education question.

    See question 
  • If a judge allow you to attend a special education school, would you say the judge will have to suppose you have a disability

    a mentally person cant take a plea so if the judge notice this and still take your plea it not legal to do

    Frederick’s Answer

    It sounds like your question is about the legal capacity, to enter a plea in a criminal matter. I'm not a criminal lw attorney, but my understanding is that the fact that you are in a special education school would not necessarily mean that you do not have the capacity to enter a plea. I suggest you contact the local bar association and set up an appointment for a free consultation with an attorney. You need to discuss your situation with a lawyer to get answers to your questions. If you have an attorney, you should discuss your concern with that lawyer.

    See question 
  • Is it legal for a public funded charter school to block out kids from field trips with a new rule in the middle of the sch year?

    My children belong to a publically funded Cyber Charter school here in our area. We joined the school before their NEW rules applied to filed trips and up to a few weeks ago thought we were going on a big school field trip with the rest of the cla...

    Frederick’s Answer

    It does appear that prohibiting your child from participating in a field trip as a consequence for exercising a religious right would be unlawful. It's not clear from your question how your objection is religious in nature, as opposed to an objection to having your child sit through the test, but the general rule is that the government cannot decide whether a religious belief is legitimate. Many parents and teachers criticize the PSSA and similar tests, so there is certainly debate over whether it should be required. One inexpensive way of raising the issue is to file a complaint with the Pennsylvania Department of Education. You may benefit from a consultation with a special education attorney to discuss the programming concerns for your other children.

    See question 
  • My ADHD daughter was not eligible for an IEP or 504? what next?

    I have a nice year old daughter who has a dual diagnosis of Adhd and Odd. I applied in a regular public school for a 504 plan after repeated in school detentions for FORGETTING things she needed for class and being punished for not paying attentio...

    Frederick’s Answer

    If you believe that the evaluation by the school district is not appropriate, you can ask that the school district pay for an evaluation by a qualified independent evaluator of your choice. The schoool district must either agree to pay for an independent evaluation or ask for a due process hearing top prove their evaluation is appropriate. You also have a right to ask for a due process hearing to challenge the school district's decision as to eligibility. I strongly recommend that you consult with an attorney who practices special education law before taking either step. This is a complex area of the law and an experienced attorney would be able to provide the best advice as to how to proceed.

    See question 
  • How do i go about getting a divorce?

    my husband and I have been seperated since July 19, 2013. he has moved on with his life got a new girlfriend an they are expecting a baby august 2014. we have talked about working things out in our marriage but he decided he dont want to anymore a...

    Frederick’s Answer

    You should set up a consultation with a family law attorney in your area to discuss how to proceed. The divorce itself is pretty uncomplicated, but is sounds as though you also need to pursue child custody and support. There may be other issues, but you will need to discuss your situation in detail with an attorney. Good luck!

    See question 
  • Can a college prohibit a student from participating in a program at another university that they do not offer?

    My son has been approved by a national fraternity to go through the pledge program at another university because the fraternity does not exist on the campus of the college he attends. His college says they have to approve his participation and ha...

    Frederick’s Answer

    I agree with my colleagues that it is difficult to imagine how the university can dictate to your son what outisde activities he can or cannot participate in. I also agree with Mr. Corchnoy that any policy or rule adopted by the college that purports to assign itself that authority may not be enforceable because it violates public policy or simply lacks consideration if looked at as a contract. Either way, any such rule, contract provsion or policy would most likely be what lawyers call "null and void" which is to say - not worth the paper it's written on. However, to avoid disciplinary action by the college, it may be advisable to preempt that action by having a lawyer write a letter to the college to ask it to explain the basis for its claimed authority.

    See question