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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88415
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Our online public school allows its 1)contractor to condition

Resolved Question:

Our online public school allows it’s 1)contractor to condition students’ access to live classes and sessions on the contractor’s ability to access the student/family’s personal computer, use information as they wish, and having us signing a contract consenting to this; 2)other contractors/contracts to condition students’ access to their report card, student schedules, course requests...; to set up student's own account (mandatory for many grades) through which attendance is recorded; any parent hesitant to sign this legalese stands to be a subject to truancy charges.
Entitlement to education is a property right in Pennsylvania, thus the due process clause of the Fourteenth Amendment is applicable; as well as the Fourth Amendment and Section 1983.
What PA agencies have enforcement authority to insure compliance of public schools with laws, and to provide timely remedy to the effected individuals? Where else can we post this+ info to make it viewable by attys for consideration?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You have already gone to the agency that has the enforcement authority over the schools, the Department of Education. I am afraid there are no other agencies, but if they are violating the right to due process under the 4th and 14th amendment (as there is no federal civil right to a public education as the Supreme Court held that Public education is not a "right" granted to individuals by the Constitution. San Antonio Independent School Dist. v. Rodriguez, 411 U.S. 1, 35 (1973).)

Thus, any right to a public education has to come under the PA constitution and code.

If the school is violating these rights, then your next step if the Department of Education will not correct the matter, is you will have to file your own civil suit against them for the violations to seek your redress.



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Customer: replied 1 year ago.

We spoke with PDE legal dept, they stated that PDE does not have enforcement auth over pa schools as there is no PA ed statute providing for it.


 


what other pa agency may have enforcement authority over school's compliance with law? Where can we post the issue to make it viewable by attys for consideration?


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I actually had a PA licensed expert review my response above. The PDE has limited jurisdiction over certain matters over public schools. The local school boards have jurisdiction over public schools as well. However contrary to popular belief, many times there simply are not government agencies to handle matters where people have to actually go to court and sue for violations of the statutes. In other words there are many instances where people cannot rely on their government to take action, the legal action is in the court by the people filing suit individually. The only other agency that could look at statutory violations would be the Attorney General.
Customer: replied 1 year ago.

 


Where else can we post this+ info to make it viewable by attys for consideration?


 


Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
It is open to view now.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88415
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. A different professional here, I happen to be Pennsylvania licensed.

I happen to concur with your previous professional--in cases where a school district somehow violates the state or federal regulations, it is often a personal cause of action which would mean that the person who was so violated has to take his or her own action by retaining counsel and filing suit. There are no agencies for every type of violation and those who are harmed generally must pursue their own recourse.

Please be well!

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