Before a student can be expelled from a public school, a formal expulsion hearing must be held. During an expulsion hearing, the student has the right to: Receive notice of the specific rules they are charged with breaking Explain their side of the story Present evidence and call witnesses to testify on their behalf Be …
In education law, a writ of mandate (also called a writ of mandamus) is a court order issued by a judge on the request of a petitioner that compels a public entity, such as a school district or a board of education, to perform an action that it has failed or refused to do. A …
The word “disciplinary” is often used in schools to describe various types of punishments for misbehaviors. Some examples of disciplinary actions that may be taken by a school are detention, suspension, expulsion, or sending a student to the principal’s office. The severity and duration of the disciplinary action will depend on the infraction committed by the …
Students at public colleges and universities who face the possibility of a severe punishment such as expulsion or suspension are entitled to certain legal protections before disciplinary action is taken. These rights are required by the Due Process Clause of the Fourteenth Amendment, which says that the government (or government actors, such as public schools) …
How Do You Defend Yourself in a Disciplinary Hearing in College? Read More »
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records. It applies to all schools, colleges, universities, and other agencies that receive funds from the U.S. Department of Education. FERPA gives parents certain rights concerning their children’s education records – like the right to review …
Hazing is a type of initiation process that is used to welcome new members into the fraternity. Although it can vary from one organization to another, in general, there are three types of hazing: physical, mental, and emotional. These acts often take on forms such as sleep deprivation, excessive exercise, or isolation. It may also …
Under the Individuals with Disabilities Education Act (IDEA), schools must develop and follow an Individualized Education Program (IEP) for children with disabilities in need of special education services. The IEP must be specifically tailored to address the individual educational needs of each child and identify the services that the school will provide to meet these …
The Individuals with Disabilities Education Act (IDEA) is a federal law that was passed in 1990 to protect children with disabilities. The IDEA requires schools to do the following: Identify and evaluate any child they suspect has a disability Provide services to help the child in their academic development Provide for parents’ involvement in their …
There are many reasons that you may choose to sue a school. You may be concerned about the safety of your child or the quality of education they’re receiving. When schools don’t comply with their duties to educate students and keep them safe and healthy, they face the risk of being sued by parents. However, …
It’s not easy to sue a school district, but it can be done. If you believe your child’s rights were violated by their school, the first thing you should do is contact a lawyer who specializes in this area of law. Because there are strict limitations on the types of cases you can pursue against …
While there are many limitations on the situations where you can sue a school district, it can be done under certain circumstances. Due to a legal theory called “sovereign immunity,” the government and government agencies like school districts are generally immune from lawsuits. Fortunately, most states have waived this immunity in some instances, allowing students …
If you are in the unfortunate position of being discriminated against by a school, there is hope. It might be possible to sue a school for discrimination if they violated your or your child’s civil rights by discriminating based on race, gender, disability, sexual orientation, gender identity, gender expression, or any other protected status. However, …
A school is responsible for ensuring the safety of its students, and that includes providing a safe environment to learn in. When an unsafe situation arises, such as when a child is injured during recess or while waiting for the bus, parents may be able to sue the school for negligence. There are many different …
It’s not uncommon for children to experience emotional distress in school. Whether it’s bullying, the fear of being embarrassed or humiliated, or a traumatic event that takes place on campus, such as a shooting, the effects of these events can last long after they’ve happened. This is because children are still developing, and their brains …
Schools have a responsibility to uphold the education of students by providing a safe environment for learning and teaching and keep children from harm’s way. Unfortunately, schools don’t always live up to these standards. It may be possible to sue your child’s school under the right circumstances, such as when it doesn’t take appropriate measures …