If you or your child has been suspended from school, it may be possible to reverse or avoid the suspension if the discipline was illegal or unfair. Under the Due Process Clause of the Fourteenth Amendment, a student cannot be suspended from a public school unless they have been provided with certain processes that allow …
One of a private school’s most important duties is to ensure its students’ safety by providing a secure learning environment. Schools are responsible for protecting their students from any potential dangers they may face while enrolled there. If you are a parent of a child who has been injured on private school grounds, you may …
While private schools are not exempted from all anti-discrimination laws, they don’t have to follow all of the same laws that a public school does. However, you can sue a private school for discrimination in some situations. The three primary factors that will determine whether you can sue for discrimination include: If the school receives …
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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 …
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 …
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 …
Education law is a complex specialty with relatively few expert attorneys in the field. As passionate and devoted education attorneys, we proudly advocate for students and parents who have been harmed or underserved by institutions they formerly trusted. And make no mistake — it can be intimidating to take on an institution. The clients we …
A school or school district can be sued. As parents, we put a lot of faith in schools to not only educate our children, but treat them fairly and with due care. It is extremely upsetting for parents to learn that their child has been hurt, mistreated, neglected, or harassed at school — especially when …
A school or school district can be sued for not following IEP. Under the Individuals with Disabilities Education Act, all students have a right to a “free and appropriate public education” in “the least restrictive environment.” If your child has special needs or learning difficulties, they may need an IEP (Individualized Education Program) or a …