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 …
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 …
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 …
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 …
An Individualized Education Program (IEP) is a written document that outlines the educational plan for an individual student with special needs. It may be developed at any point during the school year, but it should be reviewed annually and revised as needed. An IEP helps to ensure that each child’s unique strengths are identified and …
In 1975, the Individuals With Disabilities Education Act (IDEA) was created to provide a free and appropriate public education for all children with disabilities. The law guarantees that children with disabilities will receive the same opportunity for education as their peers, regardless of family income, location or school district boundaries. In the years since it …
What Did the Individuals With Disabilities Education Act Do? Read More »
Do you have a child with a disability in school? Is your child being treated differently because of their disability? Do you feel like they are not getting the support they need to succeed academically, or that their needs are being ignored? They may be the victim of disability discrimination. Disability discrimination is when someone …
What Is the Average Settlement for Disability Discrimination in Schools? Read More »
Student harassment and bullying are very real and often overlooked problems among children. It can happen to anyone in any environment, and it doesn’t always take the shape of physical violence. In fact, it’s more common for bullies to be psychological perpetrators who use words and actions to put others down or even hurt them …
What Qualifies as Student Harassment or Bullying? Read More »
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 …