Although the rules about what students can and can’t do is a large part of education law, it’s important to remember that students have certain rights as well. These rights are guaranteed and can’t be taken away by teachers or school administrators.
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.
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.
One of the benefits of mediation when it comes to the resolution of civil cases is that this process can facilitate open and calm communications between opposing parties to try to come up with a deal. However, no binding decisions are made and either party can walk away at any time.
The Massachusetts Education Law of 1642 decreed: “This court … shall have the power to take account … of all parents and masters, and of their children, concerning … their ability to read and understand the principles of religion and the capital laws of this country …”
Arbitration is a viable alternative to filing a lawsuit in a civil case. Here, the arbitrator acts like an independent judge and makes a decision about the case that is legally binding.
When you think of lawyers, you probably think immediately of family lawyers or personal injury lawyers, probably because these tend to be the most common. But education laws are their own specialized field, which is why there are education lawyers to go along with them.
If you’re a victim of a civil rights violation, simply knowing which laws apply to your situation or who is responsible can be complicated. Our attorneys can evaluate your case and explain what options are available to you.
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.
Are you considering buying a piece of property? There are certain requirements for contracts to purchase real estate, including the proper filing of the document. A civil lawyer can ensure that you have a proper contract that is fair – both to you and the other party.
If you have begun the IDEA process for your child and have hit an obstacle with the school district, then hiring an education lawyer is going to be your best option. This might include the school district refusing a specific request or a complete denial of your rights to have your child tested.
The civil law that underpins the American legal tradition evolved from English common law, rather than European law. English common law was largely uncodified and based on precedent, while European civil law was documented in comprehensive detail.
One area that education law covers is discrimination in the field of education, whether this covers the hiring process or the actual process of educating students. These laws are generally enforced by state and local Departments of Education.
While laws and rules are in place to help maintain order, rules carry less weight and as such, breaking them results in lighter sanctions. Laws, on the other hand, carry a lot of weight and the consequences for breaking them are sometimes severe.
If you believe your child’s rights have been violated by the public school that he or she attends, the first thing you should do is file a complaint with the school district. If the district does not act on the complaint, or you believe the response was unsatisfactory or inappropriate, speak with an attorney to understand what recourse you may have.
Are you concerned about your safety because of the way your neighbor lets their aggressive dog roam the neighborhood while they’re away during the day? If you win a civil suit against them, they may have to keep their dog better controlled.
Sometimes understanding what can and cannot be used in a classroom is not clear, and teachers and districts may find themselves facing lawsuits because of copyright infringement or plagiarism. Legal advice and guidance can help prevent problems.
It’s important to remember that the way your child perceives a situation at school may not be the whole story. When it appears that they’re the victim of harassment or discrimination, we can help you get to the bottom of it.
You have the right as a parent to ask your school for a special education evaluation if you believe your child may qualify. An education attorney can let you know all of your child's rights as well as the school's responsibilities.
Have you recently been the recipient of police abuse because of an issue with your firearms? We may be able to help you right the situation and, possibly, receive compensation for your damages.
It’s smart to have an attorney at your side when your child is facing a disciplinary hearing. Why? In some jurisdictions, disciplinary hearings may trigger parallel proceedings in juvenile court and statements made in the hearing can be subpoenaed as evidence.
When the civil rights guaranteed to everyone in the Constitution are denied, the type of case involved depends on where the unlawful infringement took place. If police treat you differently because of your race or sex, there is a specific body of law that offers protection.
What is an IEP? It is an Individualized Education Program that is written up by school officials with parental input. The IEP is completed after an evaluation has determined that your child requires some sort of special education accommodation.
Claims against police departments can be difficult due to the amount of evidence that must be secured. Our civil attorneys can gather the records, police statements, witness statements, and other documents needed to prove misconduct.