USLegal, Inc. Newsletter – August 2007

Back to School – Protecting Your Child from a Legal Stand Point

The end of summer vacation is here and across the country, children are headed back to the classroom. USLegal answers some of the common legal questions that arise with children at school.

Does my child need to be immunized to attend school?

Childhood immunizations or vaccinations designed to prevent certain illnesses and diseases are mandated by state laws. These laws vary according to minimum immunization requirements for entry into public or private schools including day care. States allow certain exemptions – namely for medical reasons or personal, religious or conscientiously held beliefs. Contact your child’s school, doctor, or the department of health in the state in which you live to learn more about requirements and which exemptions apply.

Can schools restrict the clothes my children wear?

Dress codes and uniforms are fairly common at private schools in the United States. As far as public schools, no state has ever passed a law that says children must wear uniforms. However, many states do allow local school boards to set out guidelines and policies that govern what attire students wear.

Can schools enforce corporal punishment?

Corporate punishment or reprimand of a child by a school official through physical means such as a paddle is legal in more than 20 states. If this is of concern to you as a parent, you should ask school administrators directly about their policy. If you do not want your child to receive physical reprimands at school, you might consider writing a letter or have an attorney draft one for you stating that you do not consent for your child to be subjected to corporal punishment. Send the letter to the school principal and ask that your child’s teachers be notified.

What do I do if my child requires daily medication?

School nurses are available at most public schools and you should contact the nurse at your child’s school directly to find out about procedures for a child to be given medicine at school. It may require a written request from you along with a doctor’s note stating that your child’s health would be jeopardized without the medication being taken during school hours. Some schools have their own medication administration consent forms which would need to be signed.

Does my child need my express permission to participate in after school or extracurricular activities?

Before a child is eligible to participate in field trips, after school, or extracurricular activities, schools will typically ask parents or guardians to send or sign a consent letter. USLegalForms.com offers a Parent Guardian Permission for Child to Participate Form through the following link: http://www.uslegalforms.com/us/US-PRM-29.htm. This is a form signed by a parent or guardian granting permission for a child to participate in after school activities while releasing the organization sponsoring the activity from ordinary liability.

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In Brief

Keep up with the latest court happenings and developments at the state and federal level with USLegal Reporter summaries. Visit USLegal Reporter at http://reporter.uslegal.com/.

Have you had your LegalLife Checkup? As a service to its customers, USLegal provides a free online questionnaire designed to assist people with understanding the current state of their legal affairs, to identify legal issues they should address, and to help avoid legal problems before they arise. Take the free check up today at http://www.uslegalforms.com/legallife/checkup.htm.

Law and Legal Definitions

School Law and Legal Definition

A “school” includes all institutions of learning, but usually refers to lower levels of study and not universities, colleges, or other institutions of higher education. A public school is an institution free and open to all on equal terms, organized and maintained as one of the institutions of the state, generally limited to grammar schools or high schools. Schools not included in this classification are private and parochial schools, and colleges and universities.

Education is recognized as a function of state government, and the public school system is therefore governed by the state through local administrative authorities such as school districts and their governing boards. The duty of administering the law governing public schools within a particular district generally lies with an administrative body consisting of local officers known as superintendents, trustees, or directors. State constitutional and statutory provisions must be complied with in choosing school officers, their qualifications, their terms of office, and the method of filling vacancies. Teaching contracts are governed by the general law of contracts and the rules and regulations of the school district or part of that contract if the teacher knew or should have known of such rules and regulations.

Matters requiring the action of a school board must be considered at a properly held meeting Failure to comply with statutory requirements of notice of a board meeting, specifications concerning the business to be transacted, or designation of a meeting place will make the actions void.

Statutes may provide for the compulsory attendance of children in schools, prescribe the conditions for attendance at public schools, provide for the formulation of rules and regulations for the conduct of students, and the extent of disciplinary action that may be imposed on students.

Legislative authority with respect to private schools and the power to regulate them is subject to the same limitations as exist in the case of private property or rights, generally. The obligation to pay tuition fees and suspend or dismiss students in private schools depends on the terms of the contract between the parties.

For more legal definitions, please visit our free online legal dictionary at http://definitions.uslegal.com/.

Customer Feedback

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