Lana Lea Traynor’s Answers

Lana Lea Traynor

Portland Education Law Attorney.

Contributor Level 10
  1. Can a student without an identified disability be given a section 504 plan?

    Answered over 2 years ago.

    1. Lana Lea Traynor
    2. Todd Bruce Kotler
    2 lawyer answers

    Based on the information provided, it appears as if you are looking for a Specific Learning Disability - using intelligence and academic testing and RTI model. Are there other possible eligibility codes under the IDEA such as Health Impairment, Emotional Disturbance that may explain some of the other inconsistent scores? Meaning, we tend to focus on the academics, but it appears as if he is "not doing at all well in his classes..." is something else going on for this student in other areas,...

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  2. Can california school principal suspend my daughter for text messages she made during non-school hours?

    Answered over 2 years ago.

    1. Lana Lea Traynor
    2. Todd Bruce Kotler
    2 lawyer answers

    School district personnel can read texts on students' phones. It doesn't matter if the text was created and/or sent after school hours. The same is true for social media websites, such as Facebook, Myspace, etc. What many students/parents do not realize is that these types of communications aren't truly "private" and can be used against the student and/or parents in civil and criminal matters. I think it is worth the time/energy to consult with an attorney who focuses on education law before...

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  3. Does this teacher violate my rights to educational privacy? If so what can be done?

    Answered over 2 years ago.

    1. Lana Lea Traynor
    2. Larry Jerome Couture
    2 lawyer answers

    Based on the above information, it sounds like there are other (MAJOR) issues at play here, and the education rights/privacy issue is a very small piece to your situation. If a person (teacher or otherwise) is subpoenaed to testify, he/she must follow the subpoena. The pay is mandated by the statute (law) and it's minimal, so that isn't really an issue. The real issues, I think, are related to the following: What was the purpose of her testimony in a case that is non-educaiton related (or so it...

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  4. Who is the best attorney in Denton Texas who specializes in Administrative/government law?

    Answered over 2 years ago.

    1. Taralynn Rena Mackay
    2. Lana Lea Traynor
    2 lawyer answers

    You have a couple resources (to search for, make contact, and possibly interview attorney(s) in Texas) that I can think of at this moment.... a) The Council of Parent Attorneys and Advocates (COPAA) has a Section called "Find an Attorney/Advocate." That website address is: http://www.copaa.org/find-a-resource/find-an-attorney/ b) The State Bar of Texas (the entity that licenses and regulates attorneys in Texas has a Lawyer Referral Service. That website address is: http://www.texasbar.com/...

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  5. Can a child legally just stop going to school? Is there a minimum age/minimum grade to complete?

    Answered over 5 years ago.

    1. Lana Lea Traynor
    1 lawyer answer

    While I cannot give legal advice to a non-client, I can offer the following general comments about education law. (a) I assume that the child in question was attending a public high school at some point. Schools have a legal duty to "child find" students who may have a disability and be in need of special services. (A very bright child can have a disability that impacts his/her ability to access his/her education, e.g., attending school is an issue.) That duty falls on the schools. (...

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  6. Safety needs vs. truancy laws for special needs kid

    Answered over 5 years ago.

    1. Lana Lea Traynor
    2. Alec Scott Rose
    2 lawyer answers

    While I cannot provide legal advice to a non-client, general principals of education law dictate the following: (a) I assume that your child is on an Individualized Education Program (IEP) because he has special needs, is on the Autism Spectrum and is non-verbal. If he's not on an IEP, then something is amiss here (unless you opted him-out of an IEP). (b) As a child on an IEP, he is entitled to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). No...

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  7. Education

    Answered over 5 years ago.

    1. Lana Lea Traynor
    2. Wayne S. Melnick
    2 lawyer answers

    While I cannot give legal advice to a non-client, I see at least two issues with respect to FERPA regarding the scenario outlined above. First, FERPA requires that the the school provide "access" to a student's record (not photocopies) unless you meet a specific exception to that rule. Your scenario does set forth any facts that make me think that one of the exceptions may apply to your situation. I completely understand that photocopies would be easier and more efficient for you to...

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  8. Does a school have the right to pressure, bully, or request that a parent provide medical records?

    Answered about 2 years ago.

    1. Lana Lea Traynor
    2. Todd Bruce Kotler
    2 lawyer answers

    Based on the information provided above, it's possible that your son's teacher is just being a very conscientious, concerned person. While the school likely does not have a legal right to the medical records under the circumstances set forth above, a concussion can be a very scary thing for all involved. The symptoms/signs (sometimes) are very subtle and a child typically cannot withstand a second (even very minor) blow to the head. (I'm not a doctor...I have three teenage boys and have plenty...

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  9. Is getting hit by a male teacher legal?

    Answered over 2 years ago.

    1. Thuong-Tri Nguyen
    2. Lana Lea Traynor
    3. Mary Katherine Brown
    4. J Charles Ferrari
    4 lawyer answers

    The teacher's gender in this fact pattern is irrelevant. Please seek immediate assistance from a trusted adult. Teachers/administrators in your school building can assist as well as your parents/doctor. Hitting a student, regardless of gender, is never appropriate and may be considered both a civil and a criminal matter. Again, please tell a trusted adult immediately so you can advocate for yourself as well as other students who may not be able or willing to advocate for themselves. I admire...

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  10. I am going to sue a professor for his plagiarism and misconduct in the a biology lab final exam

    Answered over 2 years ago.

    1. Christine C McCall
    2. Lana Lea Traynor
    3. J Charles Ferrari
    4. Brian Coleman Kelly
    4 lawyer answers

    I am confused as to what the exact circumstances are in this situation. Is the issue that there were two sheets in question, one that you brought into the classroom (self-made) and then another one that the professor handed-out to students? Are you being accused of misconduct since you brought a separate sheet into the exam? Please provide more information/facts.

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