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.
If there is a judgment against you, and your claim for property exemptions has been denied, it is not necessarily a final act. An experienced civil attorney can help your prepare and appeal the judgment.
There are several areas of specialty when it comes to education law. This includes student safety and discipline, civil rights and discrimination, education reform, school governance, and all issues concerning the provision of special education.
Civil cases are decided based on which side's story makes more sense and seems the most likely given the evidence that backs it up. A civil attorney can gather evidence and help put it into a strong argument to make sure that your story is as strong as it can be.
Removing, changing, or adding a school regulation can take a lot of work, and usually involves gathering a lot of supporters. Once you have this support, an education lawyer can argue your case with the school board, negotiate with them, or even represent you in court.
A civil lawsuit is based on civil law and is the opposite of a criminal case, which is brought by government officials for a violation of criminal laws. If you are named in a civil suit, you need an attorney.
If you plan to homeschool, it’s wise to consult an attorney. Why? State homeschooling laws vary widely. Some states require no notification, while others require formal notification, ongoing test scores, professional assessments, state approved curriculum, teacher qualification training and more.
When you’re involved in a civil law matter, you may be tempted to save money by acting as your own attorney. Remember, working with a skilled civil attorney can ensure all documents are properly filled out and that your interests are fully represented.
Afraid that your child’s school is not offering them the equal education that they are entitled to? An attorney can help you understand your rights- and then can help you enforce them if the situation so requires.
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.
Discrimination is something no child should ever have to experience- and children with special needs can often be the butt of discrimination in many forms. If your child has suffered and you have tried everything, an attorney may be able to help you resolve the situation.
Are you in constant fear that your employer will find out about some aspect of your personal life that could put your job in jeopardy? It’s important to remember that it’s a violation of your civil rights to be fired for certain affiliations and lifestyle choices.
Every state has laws that dictate which of your family members will inherit your property if you die without a will. Make sure your money and property goes to the relatives and loved ones of your choice by putting together a will.
In 1648, Massachusetts law declared: “… the good education of children is of singular behoof and benefit to any Common-wealth … It is therefore ordered … to teach by them-selves or others, their children and apprentices … to read the English tongue and knowledge of the Capital lawes …”
A rare copy of the Magna Carta from 1297 resides in the National Archives in Washington, DC. First issued in 1215, the Magna Carta defined basic civil liberties and legal rights within the English common law system, upon which the American legal tradition is based.
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.”
Have you ever heard of product liability law? That is a branch of civil law that deals with things we use that are manufactured or built. As consumers, we have a right to expect that a product will not be defective.
One of the most common subjects that education lawyers deal with is civil rights. This can cover a wide variety of situations. For example, it can cover freedom of speech at school, freedom of religion, or searches of a student’s backpack, locker, or vehicle.
Many historians trace the beginning of American education law to the Massachusetts Act of 1642. It stated that parents and masters of apprentices and servants were required to ensure children could demonstrate basic reading and writing skills.
It is illegal to discriminate on the basis of national origin and other related areas – including English-only environments (unless it is vital for business). If you suspect this type of discrimination, please call us.
When you think of education law, it’s easy to think that it only relates to public schools and issues that involve them. But it can also concern private schools as well, such as ensuring that private schools meet legally established educational standards.
The oldest set of laws, called "Urukagina’s Code," dates from 2350 BC. The actual code has not been found, but later sources refer to it as the collection of ordinances adopted by Mesopotamian kings to govern civil matters and define the king’s divine right to rule.
What are some of the accommodations that public schools may provide to students with disabilities? A child with a physical disability may be given extra time to complete an assignment or exam while a child with autism may be allowed to input answers on a special computer.
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.
