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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I would like to sue the local school board for violating my

Customer Question

I would like to sue the local school board for violating my rights.What court do I sue them in and can I also sue for damages? Who do I serve in the school board?
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



What did they do, exactly?



Customer: replied 3 years ago.

Hello,

In regards XXXXX XXXXX 13A.10.01.01 I am required to notify them initially when I decide to homeschool.

( (1) A parent or guardian who chooses to teach his or her child at home shall initially sign a statement on a form prescribed by the State Department of Education)

 

I did this. The other section says if there is a change in status durning the school year then I should notify them. It says nothing about if a change occurs durning the summer.

 

(3) Change in Status. A parent or guardian shall notify the local school superintendent or the supervising nonpublic school or institution described in Regulation .05 of this chapter if a change occurs in the home school status of a child during the school year.

 

I completed the reviews durning the school year and my program was found to be complent.

 

The next year I did not notify them that I planned to conthiune homeschooling her because I did not. I sent the child out of the country to live with her father where she attended school. I am not required to notify them if I am not going to homeschool the next year.

 

(2) Annual Verification. Annually thereafter, before the beginning of the school year, a parent or guardian shall verify the continuation of home schooling for his or her child with the local school superintendent or with the supervising nonpublic school or institution described in Regulation .05 of this chapter.

 

There is no offical "withdrawal" procedure for homeschool students. No form to complete or procedure to follow. My other children who were in public school I followed the withdrawal procedure when I took them out of school and sent them to live in another country. The school system has this on file and I have copies of everything.

 

When I returned to the USA with my daughter and planeed to homeschool my daughter I did notify the school and was told that I had lost my right to homeschool her and I must promotly enroll her in school.

 

Therefore I feel that since I followed the law excatly and there is no law or procedure for withdrawing my child from homeschool then they are violating my rights to homeschool my child.

 

I hope I explained it in a way that you can understand it. It is a very complicated situation.

 

Thank you

Expert:  Ely replied 3 years ago.
No, this is enough for me to render an answer, I do understand and am sorry for your situation. What you have to do is to file a PETITION FOR DECLARATORY JUDGMENT under Maryland's Code Annotated, Courts and Judicial Proceedings Section 3-401, et seq. A Declaratory Judgment is a judgment by the Court that interprets confusing situations and contracts and declares the rights, duties, or obligations of said situation. In short, it’s a kind of petition which basically says "Judge, here is what happened, now it’s a mess and not clear, so can you please fill in the blanks for us with what is contractually fair and legally equitable and make everyone bound by it?"The good thing is that half the time, when the opposing party gets served, they either will contact you and offer a compromise or just give up, because people are both (1) afraid of the legal system and (2) do not have the time and money to deal with an issue.I can give you the step-by-step if you wish to file yourself, OR help you find an attorney in the area - let me know if you'd like either.

I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Hello,

I sent you a message via the link provided. Did you receive it?

Expert:  Ely replied 3 years ago.
No, can you please tell me again - how can I help?
Customer: replied 3 years ago.

Yes...Can you provide me with the step by step instructions on how to file and also an attorney (you or someone else) who would be willing to review the petition or complaint onse I have typed it make sure that it is correct before I file it. I am willing to pay a fee to have them reviewed. Also I don't think they will backdown being that they have filed criminal charges against me for complusary attendence durning the time that she was out of the country.

 

Thanks again.

Expert:  Ely replied 3 years ago.
It would be my pleasure to do so. If you INSIST on filing yourself, I HIGHLY, HIGHLY, HIGHLY recommend going to legalzoom.com or uslegalforms.com and spend a few dozen dollars on a custom petition. You'd need a Petitioner’s Original Petition for Declaratory Judgment.BR>

You must file this paperwork with the Circuit clerk of your county of your place of residence. For example, if you lived in Galveston County, you would need to file with the Galveston County Circuit clerk's Office. Look up your county online - nearly all counties have filing information on their websites. You may also call the county's circuit clerk office to get further information. It is recommended to call ahead to make sure you are filing at the right address. You may either send the petition by mail, or walk into the office to file. It is strongly recommended to file in person, since you can then make sure the filing is correct.

If filing by hand, bring three copies to the county circuit clerk's filing window. Again, check with the county circuit clerk's office to find out where the filing window is located. A clerk will take your copies, typically one or two of them, and stamp the third and give it back to you as proof of filing. You will also be asked to pay a filing fee - typically anywhere from $200 to $300, depending on your county. If you are sending it by postal mail, send three identical copies of the petition, a filing fee (call ahead to find out what it is), and a self-addressed and pre-stamped envelope with your address so the circuit clerk can send you a stamped copy back. Include a one sheet cover letter on top of the petition copies to explain that you are filing

Once you file, you then serve the other party - you get a citation from the circuit clerk that you then attach to a copy of the petition, and you either have a private process server (Google "process server + your state" to get a list of them) or send it to that party CERTIFIED MAIL, with RETURN RECEIPT REQUESTED. Once you get the receipt back if you do it that way, you then send A COPY to the Court Clerk with a note that it's service, and save the original for yourself for proof in case it comes up later.

Once the Court sees that you've served, it'll take a few weeks and will then issue a SCHEDULE ORDER which will be sent out via mail to all parties which will explain when your discovery starts, ends, when you pre-trial date is, and when the final hearing on merits is.

During discovery, you send to them (if you wish) Request for Disclosure, Request for Admissions, and Request for Interrogatories (again, Google each for a sample).

You'll be using that info that they send you in response to help you in your suit.
At pre-trial, the parties touch base and the Court hears any motions that the parties might want to have heard before the Court.
At trial, it's go time, and you do the best you can, but I warn you - trial is hard, and navigating a court room without precious experience in litigation and without a thorough knowledge in procedure and evidence is basically suicide, especially if they have an attorney. This is why again, I recommend one.I'd like to refer you to the Maryland Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.

http://www.msba.org/public/referral.htm

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”















Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Legal Specialists are ready to help you

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