Issues with discrimination can be a major issue for children with special needs. Whether it be a teacher who refuses to treat them appropriately, or an inability to get into the classes they would like, these are patently unfair- and may restrict the child’s legally protected right to an equal educational opportunity.
Do you ever worry about whether your child is truly receiving fair treatment from teachers and administrators? If you believe your child is being discriminated against, we may be able to help you remedy the situations.
While certain principles like compulsory education are well established, education law is constantly evolving. It’s interesting therefore to note that the word “law” evolved from the Old Norse, lag, meaning something laid down, decided or settled.
The laws are designed to work for you, not against you. However, acting without complete knowledge of the laws can be disastrous. We are experts in the law and can build the case that benefits you.
Were you aware that parents of children with disabilities have certain rights and legal protections, under both federal and state laws? For example, both federal and state laws provide safeguards when children with disabilities are faced with discipline by the school district.
For some types of civil rights cases, you are required to file a claim with the appropriate government agency before pursuing a private lawsuit in civil court. If you’re unsure how to proceed, our attorneys can help.
Under current education law, students with any kind of disability have the right to an appropriate education plan that has been designed specifically for their individual needs. In addition, a school district may not discriminate in any way against a student with a disability.
So what exactly does “burden of proof” mean? This essentially refers to the duty of a party making the allegations in a civil suit (or the plaintiff) to substantiate those clams with evidence that is going to be admissible in court.
While the 1974 Equal Education Opportunities Act prohibited discrimination in schools, the sad truth is that it still happens to this day. If this occurs with your child, then an education lawyer will help to ensure that this issue is given all of the weight that it deserves.
Fragments of Ur-Nammu’s Code (2050 BC) represent the oldest examples of written law discovered to date. The code was supported by an advanced legal system that defined civil matters, assigned fines and penalties, dispensed punishments proportionate to the crimes, and provided protection for the poor.
Did you know that you as a parent have certain rights under the Individuals with Disabilities Education Act (IDEA)? This includes the right to have your child evaluated or tested for a suspected disability and the right to access your child’s education records, as well as the results of any test or evaluations.
When a minor breaks a law, he or she is sent to Juvenile Court, but this isn't actually a criminal court. Juvenile delinquency cases are actually civil cases. Other juvenile cases (also civil cases) include juvenile dependency or status offenses (such as truancy).
Disciplinary actions such as expulsion can stay on a student’s permanent record and cause a lot of trouble, including interfering with their college application or with future jobs. If your child is facing expulsion, then an education lawyer can help make sure their future isn’t jeopardized.
The vast majority of civil lawsuits settle before trial, with the plaintiff receiving a monetary award agreeable to both sides. However, if a civil suit goes to trial, the damage award is determined by a jury, or by a judge in a non-jury trial.
The hardest aspect of parenting a child with special needs is the legal- making sure that they are not discriminated against and get the educational rights they deserve. An attorney who specializes in the field can be a great help in meeting this challenge.
A civil lawyer will be familiar with the laws of your state regarding wills and custody. If you have children, experts recommend designating a guardian who will take care of your kids if you and your spouse die unexpectedly.
Did you know that any student has the right to peacefully protest a dress code policy? Remember though, that does not mean that the student may violate the policy or engage in other activity that is legitimately banned in the school.
Civil lawsuits are legal actions between individuals or entities in which one party who claims to have suffered some harm at the hands of the other seeks court-awarded monetary damages or performance to remedy the damage.
What happens if you disagree with the special education evaluation of your child? Federal law allows you to get an independent evaluation and an attorney who practices in this area can navigate you through the process - including recovering costs for the independent test from the school system.
One of the discerning characteristics between a civil and a criminal case is the independence that parties have in civil suits. Here, individuals are able to bring charges against one another without the permission and action of a district attorney or state prosecutor.
According to dictionary.com: "An attorney or, more correctly, an attorney-at-law, is a member of the legal profession who represents a client in court when pleading or defending a case. In the US, attorney applies to any lawyer."
During arbitration, both parties and their attorneys meet with an arbitrator, who hears arguments from both sides, and rules in favor of one or the other. However, depending on the governing circumstances, the decision may or may not be binding.
