In excessive force claims against the police, intentions and motivations don’t come in to play. All that matters is whether or not the officer’s use of force was reasonable or not, depending on the surrounding circumstances.
Under the federal Individuals with Disabilities Education Act, there are 13 different disability categories. You child must fall into one of the categories to qualify for special education accommodations. A lawyer who focuses on education law can explain the qualification process.
What does civil law entail? It covers a wide variety of topics and legal specialties, including contract disputes, copyright law, defective products, family law, landlord-tenant disputes, nuisance complaints, personal injury issues, real estate conflicts, workers' compensation, and more.
Are you or your child receiving financial aid to attend college? Students have the right to know all of the financial aid programs and options that are available to them. Students also have the right to know how financial aid will be distributed and how decisions on that distribution are made.
A civil rights lawsuit may be brought when somebody commits a discriminatory act based on sex, ethnicity, age, race, religion, nationality or disability that denies you the rights you are guaranteed under state and federal laws.
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.
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.
If your child has a disability, you can take legal action to see that his or her rights are protected. However, each state and each district may take a different approach to protecting those rights. Talk with an education law attorney for a complete understanding of what is involved when it comes to students with disabilities.
If you are representing yourself in a civil action, you may find yourself in over your head if faced with requests for admission, a discovery tool that asks one (or both) of the parties to admit or deny certain facts of the case. An attorney will review these questions and advise you on how to answer them and to return them on time.
Seeing that your child receives the best services available is not only for those students in Special Education programs. Children identified as Gifted and Talented must have adjustments made to their curricula as well. If you think the school should be doing more, speak with us for help.
Did you know that the burden of proof to win a criminal trial is greater than what is required in a civil trial? Criminal cases require a verdict “beyond a reasonable doubt.” Civil cases, however, only require a verdict based on “a preponderance of the evidence.”
The Student Non-Discrimination Act, also known as SNDA, prohibits public schools from discriminating against any student on the basis of actual or perceived sexual orientation or gender identity. The bill allows an aggrieved student to assert a violation of these prohibitions in a judicial proceeding.
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.
Once a team of experts decides on an Individualized Education Program for a student, the process is not over. Generally, special education students must have IEP meetings each year to ensure any special accommodations or services being provided are adequate.
We all do our best to find good business partners and other companies to work with, but occasionally, things still go wrong, and a business dispute can get very complicated very quickly. Fortunately, civil attorneys are used to the complication and can help you resolve the dispute.
One of the biggest events in US education law happened in 1974 with the passage of the Equal Education Opportunities Act. This act made it so that no state could deny access to an equal opportunity to education based on race, color, sex, or national origin.
Not all types of discrimination constitute a violation of civil rights. For example, a landlord may refuse to rent an apartment to a pet owner. However, that landlord may not reject applicants on the basis of race, gender, etc.
Under the Individuals with Disabilities Act (IDEA) you as a parent have the right to have your child evaluated and tested through the schools. This is meant to determine whether he or she indeed has a learning disability and qualifies for special assistance.
Essentially, civil litigation involves any type of court case that is not considered to be criminal. This includes everything from accidents and contract disputes to class action lawsuits, and family law and/or succession disputes.
As a teacher, you face a risk of legal action being taken against you on any given day – justified or not. If you have been threatened with a lawsuit, do not ignore it, seek legal help and assistance to protect yourself and your livelihood.
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.
Have a child for whom you are trying to get appropriate and needed special education services? An attorney can help make sure that they get all of the services that they deserve, and enforce all of their other legal rights.
Do you have a will? It’s no fun to think about death and dying, but a will can pass along crucial information to family members about your last wishes. For example, if you have children, a will can include your choice as a guardian for your children in your absence. A civil lawyer can help you draft a will.
When you go up against the local public school administration (such as the school board or the superintendent’s office), it can be easy to feel intimidated by the legal might behind them. An education lawyer gives you a specialist in your corner so you feel confident in taking them on.
