A common question about school dress codes is about how much a school may regulate what its students wear. Honestly, there is no simple answer. School districts are limited to regulating the dress of pupils to situation where “it presents a clear and present danger to the student’s health and safety, causes an interference with school work, or creates a classroom or school disorder.”
Police are generally immune from lawsuit for the performance of their job, except in cases of willful and unreasonable conduct. Our civil attorneys can help if your constitutional rights have been violated by the police.
It isn't true that school officials try to keep all severely disabled children in classrooms isolated from the rest of the school population. In fact, perhaps the biggest goal of special education laws is to keep disabled students in classrooms with those who are not disabled unless there are extreme circumstances involved.
Did you know that in the 1980s, women made up only eight percent of the total number of lawyers in the United States? However, with more and more women choosing to pursue a legal career, that number has steadily risen and now stands at just over 30%.
Although you may be anxious to have your day in court, it’s important to stay open to any settlements that are offered by the other side. In some cases, the settlement may make court unnecessary.
In 1647, Massachusetts adopted a law that required towns with 50 or more families to hire schoolmasters to teach reading and writing to children. Towns with 100 or more families were required to hire a schoolmaster capable of preparing children to attend Harvard College.
It is not a cliché - there is a direct link between education and economic success, and school districts are obligated by law to provide an appropriate education for each student in its care. If you think that your child is not receiving what he or she is entitled to under the law, let our legal experts help you.
In order for a class action lawsuit to be viable, those involved in the suit must be in substantially similar circumstances, where the common issues are critical to the lawsuit. This might involve, for instance, a large number of consumers who are injured as a result of an allegedly defective product.
If you are having a dispute with the school district over your child’s education needs being met, then an education attorney can help. They can help you with everything from informally resolving a dispute or assessing the strength of your case if you are considering filing a complaint.
A crime victim can file a lawsuit and win a damage award against the offender, whether or not the offender was found guilty in criminal court, and even if the offender was never prosecuted for the crime.
China is credited with having the oldest continuous legal system in the world. Before 1912, when China became a republic, there were very few purely civil laws, although there were more than 1,900 legal statutes documented in the Qing Code.
It is in your child’s best interests to know what the responsibilities are of all involved parties when it comes to Special Education and the law. We can help clarify matters for you and guide you through the various requirements so that your child receives the quality of education to which he or she is entitled.
The phrase "a preponderance of the evidence" (a deciding factor for civil cases) may sound like it means "the side with the most evidence," but that's not necessarily the case. It means one side's story is more believable than the other's, which is where having a civil attorney can make a big difference.
If you have a child in special education, it can take a lot of time and effort to ensure that he or she is getting the necessary resources to be successful. Retaining an education lawyer is one of the best ways to ensure that the process runs as smoothly as possible.
A certified civil trial attorney is a lawyer who has demonstrated a high level of expertise and skill in civil trial practice. The certification is granted by an American Bar Association accredited national board, or in some states, by the state Supreme Court.
Have a child with special needs? You know how challenging it can be to get the services that they need. But you don’t have to face the fight alone- an attorney specializing in working with families struggling with these challenges can be a great ally.
A common question about special education law is if a due process hearing is like a full-blown trial. The answer is no. Due process hearings are administrative hearings that take place in front of a hearing officer, not a judge or a jury, and usually are held on the school district premises.
Remember, just because a particular event may be the reason you’re retaining our services, your legal issues may encompass a number of cases. If it looks like your case could turn into multiple phases, we’ll always advise you as soon as we know.
An attorney is often the best friend a parent can have when they are trying to protect the rights of their child with special needs. They know the law and are able to do whatever is needed to make sure that your child is protected.
Criminal cases are based on establishing guilt "beyond a reasonable doubt," but not civil cases. Civil cases are judged either on the basis of "clear and convincing evidence" or a "preponderance of the evidence." Basically, which version of the facts seems more believable or likely.
We tend to only think of due process when it comes to civil or criminal court cases, but expulsion, suspension, and other disciplinary actions have their own due process. Just like in civil or criminal cases, a lawyer who specializes in education law can spot any violations in the process.
Civil cases are caused by a dispute between two or more persons and/or corporations, usually for monetary damages. The party that brings the suit is called the "plaintiff," while the party that is being sued is called the "defendant."