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New Hampshire Education Law Questions & Answers
1 Answer | Asked in Education Law and Personal Injury for New Hampshire on
Q: Can I sue a school district or school nurse for negligence?

A student at my son's school goes to the nurse to receive his prescribed med (clonidine) everyday. This student will hide the med under his tongue, in his cheek or slip it into his pocket when the nurse isn't looking or paying attention and brings it to my son to take. My son has been... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, you may have grounds to pursue legal action against the school district or school nurse for negligence. Here are a few key points to consider:

1. Duty of care: Schools and their staff have a legal obligation to ensure the safety and well-being of students under their...
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1 Answer | Asked in Education Law for New Hampshire on
Q: Is it legal for a school administrator to drive to a students house after school hours for no reason at all

I saw my school administrator waiting for me at my street address after school hours for no reason at all as I drove by her she then left as I drove past and continued

James L. Arrasmith
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answered on Jan 10, 2024

It's unusual for a school administrator to visit a student's home without a clear reason, and it can raise concerns. There are protocols and policies in most schools regarding staff interactions with students outside of school hours and premises, especially for home visits.

If...
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1 Answer | Asked in Divorce and Education Law for New Hampshire on
Q: My 4yo daughter just starting pre-school the school is asking to see my divorce papers and parenting plan is that legal?

They are demanding it, I told them what the parenting plan is and they don't like it and they say they will take action to change it. That doesn't sound legal to me, my ex isn't gonna do more then he already does, he's a dead beat dad. The court made him do the bare min if he... View More

Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

The school might request the parenting plan to determine who can pickup the children on specific days. They certainly don't have grounds to ask for it to be changed or modified.

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Q: Is there any violation of HIPAA or ferpa law if a 504 plan on child is announced to all students?

A teacher announced that my daughter is on a 504 care plan in her classroom and also said that “she is falling behind and that she needs to speak to her 504 plan case manager because she is recommended to go to Saturday school to catch up” verbatim. Is this against any HIPAA or ferpa or any... View More

William J. Amann
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answered on Nov 29, 2022

It certainly sounds like it, particularly if that was "announced".

1 Answer | Asked in Education Law and Juvenile Law for New Hampshire on
Q: A student at a public high school performed a lewd sexual act in class. Principal verified claim but nothing done.

The staff did not inform the principal. He had heard nothing about it until I contacted him. After speaking with students and staff he verified the claims and told me the child would be removed from the class. That did not happen. When I followed up he told me he never said that and that the child... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 13, 2018

I would contact the members of your school board or any other elected officials in your town or city.

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Q: What is the statute of limitations for filing a negligence suit against a NH educational system?

Failure to supervise an employee whose actions created an uncomfortable environment (include abuse of power and discrimination).

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Jan 23, 2018

It may depend on the facts of the case and the remedies allowed by contract or statute and whether or not it could be a Human Rights Commission type claim. If this is a straight forward negligence claim then it would be three years but and this is a BIG but, the person bringing suit has to exhaust... View More

1 Answer | Asked in Education Law, Personal Injury, Internet Law and Libel & Slander for New Hampshire on
Q: Can I sue school for wrongly implying that I bullied someone?

I was given a suspension based on a comment I made referencing someone, but I never even said their name. This was not the first time I said something about her and I was given a warning the first time. However, I feel as if this time, the comment I made isn't considered bullying and that they... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

I don't see enough facts in this scenario to justify a lawsuit unless there is more, a good place to get someone in the school ranks to help you with any problems you may have may start with filing a complaint to your superintendent or to the person representing your district on the school board.

1 Answer | Asked in Education Law, Landlord - Tenant and Personal Injury for New Hampshire on
Q: Can I sue college for inhabitable dorm conditions?

My daughter is living in a college dorm and there is an intercom system in the building. Each room has a ceiling speaker that is very very loud. The speaker comes on every night and a scary clicking sound like a horror movie comes on. You also hear people talking in the background and sometimes... View More

Israel Piedra
Israel Piedra
answered on Mar 10, 2016

Yes, you most likely could. All lessees of real estate, including students in dorms, have a right to the quiet enjoyment of their residences.

Now, as a practical matter lawsuits are very expensive. It could easily cost $2,000 just to file such a lawsuit. If it went all the way to trial,...
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