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The label says it all, I'd like to know if it's legal to record teachers or students on video in a public school in Massachusetts for your own safety, even without their consent.
In Massachusetts, it is not legal to record anybody without their consent. There are some exceptions, but that is the short answer to your question. You can refer to Mass. Gen. Laws ch. 272, § 99 (https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section99). This statute states, "Except as otherwise specifically provided in this section any person who willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment."See question
I am considering suing my child's school district based on denial of FAPE. Someone told me that there is no chance I can win because the district is a large corporation, and I am just a parent. They told me that regardless of my evidence, witne...
In Massachusetts, where you live, the Bureau of Special Education Appeals (BSEA) publishes statistics whoch address your questions. In 2015, which is currently the most recent year for which statistics are publicly available, the BSEA issued 18 hearing decisions. Of those 18, parents fully prevailed in three hearings (17%), and school districts fully prevailed in 11 hearings (61%). Four hearings resulted in mixed relief (i.e. neither side fully prevailed). So, while the numbers are not in favor of the parents, it is not correct to say that the school district ALWAYS wins. To read more about these statistics, please refer to my web page at http://www.lawbaron.com/bsea-statistics.html.See question
My son is autistic and has been placed in a school for students with disabilities, learning and behavior issues. My son has been exposed to violence and abuse regularly by the school and fears his safety. He showed a visceral reaction to seeing th...
You might want to consult with an attorney who specialize in education issues. The New Hampshire Department of Education maintains a list of attorneys who practice special education law. You can access it here: http://education.nh.gov/legislation/documents/attorneys.pdfSee question
I am disabled and unable to drive. Town has a rule that if you live within 1.5 mile of school you must drive child to school and pick him/her up. However as someone with a disability, I am unable to drive and spoke with the transportation director...
School districts will usually have policies that all students within a certain radius are expected to walk to school, unless they have a disability. Your district's policy sounds very strange right off the bat, in that its policy would prohibit walking as an option, regardless of how close the student lives to the school. "Town has a rule that if you live within 1.5 mile of school you MUST drive child to school and pick him/her up." What if they live across the street from the school? The district's policy would require driving the student across the street, which sounds silly. It also sounds discriminatory, in that it is preventing access to an education for students whose parents do not drive because of a disability.
Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, a school district (among many other covered entities) is required to provide reasonable accommodations to any "qualified individual with a disability." Normally, this refers to the student, but in your case, you would be the qualified individual with a disability. If you cannot drive because of your disability, your child will not be able to get to school, according to the district's transportation policy. The school district's policy in your case is preventing your child from obtaining the education that the Commonwealth of Massachusetts requires. I think you would have a strong argument that the school district is discriminating against you, and probably your child through you, as well.
There are some exceptions to the ADA and 504, but I do not think they would apply in your case. For example, the district would not have to provide accommodations if the accommodations would fundamentally alter the nature of the services. Providing an accommodation of allowing a school bus to pick up your child is probably not fundamentally altering the transportation service. The district would not have to provide an accommodation if it would have to incur an undue burden, such as an economic hardship. Having a bus pick up a student is unlikely to be viewed as an undue burden.
You might want to run this scenario by the federal Office of Civil Rights ((617) 289-0111). They might be able to open a case, investigate, and require corrective action if there is, indeed, a violation. And of course, you can consult with a local attorney who practices education or disability law.See question
My 13-year-old daughter has had some (non-physical) fights with another girl at school. She has had multiple lunch detentions, but no suspensions, and no written notice of any disciplinary consequences. The principal called me in to the office and...
I agree with everything Attorney Rich said. The only other thing I can add is that this is often a matter of style for the attorney. Some attorneys tend to be more aggressive, and will step into the situation quickly; others prefer a more low-key approach, trying to guide you to do what you can on your own, and only stepping in when the low-key approach is clearly not working. I usually prefer the latter - my view is that if you can get what you want without escalating the situation, you are better off. This also helps to minimize legal fees.See question
We were told that it wouldn't be an issue from the office at the school. So we moved. Come to find out after the move we were told that she couldn't continue to attend Fall Brook. This is a problem as she has had a very hard year so far and is jus...
Unfortunately such districting and enrollment decisions are handled at the school district level in Massachusetts. School choice was my first thought, but it sounds like you have already gone down that route. Beyond that, if you depended on statements made to you in your decision to move, but then those statements turned out to be false, or if the district didn't do what it promised, you may have a claim based on legal theories such as promissory estoppel or justified reliance, that can be pursued in court. Keep in mind I don't know much about your case to know how strong or weak of an argument you have, or whether other legal options exist. You might want to consult with a lawyer to discuss taking legal action.See question
To make a very long and drawn out story shorter, I had been enrolled in a graduate program a a local state university. I was enrolled in a "direct entry program" for nursing (as a male). I had completed all of my educational classes and passed a...
It is hard to say from the question which type of lawyer you should consult with, because there are different specialties which might apply. For example, do you have any sort of disability? If so, you may want to consult with a lawyer who practices disability law. Do you have any reason to believe there may have been discrimination based on your being a member of a protected class, such as discrimination based on gender, race, national origin, sexual orientation, etc. If so, you may want to consult with a lawyer who handles such discrimination complaints. If you believe that the school violated its obligations under your student handbook, you might want to contact a lawyer who handles contract disputes. You could also consult with somebody who specializes in civil litigation. In my practice, I handle all sorts of educational issues. I don't know enough about your case to know whether it is something I can help with, but if you would like to set up a consultation, please feel free to contact me. At the very least, I might be able to steer you toward the appropriate specialty area.See question
reports were made to the school north face jackets had been stolen. my son wore his to school and they pulled him from class asked him if he stole his jacket then made him take it off and searched the pockets. he has not worn the jacket since ca...
The one big issue that I see is school personnel searching your son's pockets. Did the school have a right to search him? Like most legal issues, the answer is not so straight-forward. Every student has an expectation of privacy. Searching pockets goes beyond what is allowed by the "plain view doctrine." Such a search should only be conducted if the search is "reasonable under all the circumstances." (New Jersey v. T.L.O., 469 U.S. 325, 326 (1985)). In your case, the question of whether the search is reasonable may hinge on what the school officials were expecting to find in their search of the pockets. Did they expect that such a search would turn up evidence that the jacket was stolen? This is where your argument may get weak. It's quite possible school personnel were looking for anything that might indicate the jacket belonged to somebody else (it was not clear from your question if the jacket may have been stolen from another student, from somebody else outside of school, or from a retail establishment). If that is the case, an argument can be made that such a search might be reasonable. You may want to consult with a lawyer or with the New Hampshire Civil Liberties Union to discuss this issue in more detail.See question
can they make they move out of that school. someone said mass state laws are that once school years commence they can't move them. can they?
I am not aware of a state or federal law that prohibits a school district from reassigning a student if the student's family moves. It looks like you live in Saugus, though, and Saugus does have a local education policy that might help you out. According to Saugus School District policy JCA, "students will be required to attend school in the attendance area in which they reside, unless the Superintendent has granted special permission." One of the reasons listed for granting special permission is "If the legal residence of a child changes from one attendance area to another during the school year and the parents wish the child to remain in his former
school; permission will not extend beyond the current school year." Such special permission appears to be at the discretion of the superintendent. So, you should probably take a good look at policy JCA, and then contact the superintendent to request such special permission.
How do I find an attorney to represent my son in a school issue, it concerns a conflict with a teacher, he is in middle school. I do not have a lot of money but my child comes first. I also work for the school system. I appreciate any suggestions....
My office is in Waltham, and I practice education law throughout Massachusetts. Please feel free to contact me at 781-209-1166, or email@example.com. Thank you.See question