Law & Society

The ELSA Spain Summer Law School (ESLS) on the Lisbon Treaty is an international academic event open to every ELSA member. It will take place in Marbella, in the "Sun Coast" (Costa del Sol), in Southern Spain, from August 11th through the 14th, and we will enjoy lectures on one of the hottest topics in Europe with the participation of prestigious proffesionals.

Home schooling is legal in all 50 states. The reasons why parents chose to home school their children vary widely. Some parents decide to home school for religious reasons and other parents chose to home school because they are not satisfied with the public and private school options in their area. No matter what the reason, parents are able to home school their children as long as they comply with applicable state laws.

State Requirements

Each state has its own legal requirements for parents who home school their children.
Approximately 10 states require no notification or other documentation from parents to school districts regarding their decision to home school. The parents simply make the decision to home school and begin doing so without any school district regulation, requirements or involvement. About 14 other states require that home schooling parents notify the local school district of their intent to home school. Nothing else is required.

While half of the states require no notification or notification only, these states still have mandatory school attendance laws that require students of certain ages (typically ages 6 -16, although that can vary) to be in school. Therefore, it is important for parents to keep records of their home schooling efforts in case anyone makes an allegation that their children are truant or that the parents are neglectful. If state child protection services start to question your child’s education then you want to have the documentation of your home schooling efforts ready to show them.

The other half of the states vary in the level of regulation that they impose on home schooling parents. Some require that parents send notification, student test scores or another professional and objective measurement of student progress annually or more frequently. Other states require all of the above and proof of the parent’s teacher qualifications, a curriculum plan approved by the school district and home visits by the school district.

Children With Special Needs

Parents of children with special education needs may decide to home school the children. While there are not additional requirements imposed on these families, it is advisable to take steps to document your child’s progress. In order to prevent future inquires and problems regarding your home school arrangement, it is important to have your child evaluated regularly. It is also important to seek the assistance of specialists whether it be education consultants or specific therapists in order to meet the needs of your child.

Bullying in the school is one of the most harrowing experiences a child ever faces. As parents, we try to protect our children from these obstacles in life. Bullying can present itself in different ways; physical, verbal, and indirect bullying. Approximately 350,000 school children are bullied every week, and between 16 - 20 children take their own lives due to being bullied.

The question is, when should you seek legal advice?

By law, schools are required to have an anti-bully policy written to ensure the safety of all children. If your child has been threatened, then the bully may be facing an offense of "Threatening Behavior". If your child has been sexually assaulted then the bully could be facing an offense of "Indecent Assault". If your child has been physically assaulted then the bully could face "Criminal Offense of Assault" charges.
From the "Protection from Harassment Act", there are two criminal offenses that could be applicable to the act of bullying. This entails both the offense of harassment and the offense of putting people in fear of violent acts. In this circumstance, prosecution cannot proceed unless the harassment has occurred on more then one occasion.

Another legal option if your child has been bullied is 'negligence'. Negligence may occur when the bullying resulted in severe physical and psychological damage supported by medical evidence. Any claim of negligence must be made within one year of occurrence, and any child under the age of ten cannot be prosecuted.

All forms of bullying are unacceptable and can cause unhappiness and long term effects on a child's self-esteem. If your child is showing signs of being bullied at school, they may be afraid of admitting to it for fear of retaliation by the bully, or fear of being teased by other children. Its important to assure your child that it is in his or her best interest to come forward when bullying is occurring. If you continue to suspect bulling may be occurring, but your child is still withholding, consider speaking with a school counselor or principle.

If your child has suffered an injury or mental anguish as a result of a bully at school, it is occasionally necessary to consult a lawyer to assure your child's well-being. Most lawyers will offer a free consultation and may even be able to tell you if you have legal recourse for dealing with a school bully.