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.
The area of special education is quite complex with several federal laws, such as the Individuals with Disabilities Education Act, that are designed with the ultimate goal that every child receives an appropriate public school education.
Clarence Darrow, the famous American attorney, was known for his pithy insights about the role of law in civil society. One of his best-known comments is this: “Laws should be like clothes. They should be made to fit the people they serve.”
One of the keys to understanding current education law is that it constantly seeks to strike a balance. This includes maintaining a balance between student safety while respecting constitutional rights, and the balance between ensuring each child receives an education while accommodating the special needs of some students.
Tort law is a vital part of civil law. It deals specifically with physical or physiological wrong or damage against another person, regardless of whether the harm was intentional. A tort civil case is a tricky situation where a civil attorney can be a good ally.
As officers of the court, attorneys are morally bound to be ethical at all times. Going beyond the bounds of ethics in pursuit of a victory endangers the profession as it erodes the trust of the public and casts lawyers in an unfavorable light.
Did you know that civil cases do have some constitutional protections in place? For instance, the involved parties must file and receive the consent of the court in order to begin the discovery process, and can only investigate those areas allowed by the 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.
Sometime around 621 BC, the Greek citizen, Draco, devised a code of law for Athens. The first written law in Greece, Draco’s Law involved severe punishments for both civil and criminal infractions. Today, the word “draconian” still refers to particularly harsh laws or measures.
If your child has an IEP and is in public school, he or she has certain rights set forth by federal law. Common violations that necessitate an education lawyer include failure to implement an IEP or 504 plan, failure to provide appropriate accommodations, and unequal access to electives.
The longer a couple is together, the more complicated a divorce can be. While the divorce itself is a civil case, there are a wide variety of other civil cases that often go with it, such as child support or custody cases.
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.
If you have been injured due to the negligence of another, it is your responsibility to make sure you are fully compensated for your damages. That is why many people rely on attorneys, even if insurance companies are involved.
According to children’s advocates, if your child is facing long-term suspension or expulsion, it’s smart to consult an attorney as soon as you receive notification. The attorney can help you explore the best course of action for your child and understand your legal options.
There are several alternative dispute resolution (ADR) options when it comes to civil cases. These include negotiation, mediation (involving a third-party mediator), and arbitration (where the arbitrator actually makes a decision on the case).
Ideally, most education law challenges shouldn’t have to go past the level of dealing with the school board or other education leadership. But things don’t always go as planned, and if you are forced to go to court, then having an education lawyer who was involved during the whole process can make a big difference.
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.
If you suspect that your child has a learning disability, you have the legal right to have him or her assessed. If your school has refused to assess your child or has assessed your child inadequately, then you may have a legal case and need to consult a lawyer.
The areas where civil rights violations can occur are expanding rapidly. With the Internet and all of its variables, people can be subjected to abusive and illegal actions. If you think you have been victimized, call us for help.
So what exactly does an education lawyer do? He or she is poised to help with legal issues that will ultimately hamper a student’s ability to get a quality education. This can involve everything from student rights and discrimination to how a school is governed.
So what exactly constitutes wrongful termination? This might involve losing your job due to sexual harassment, in violation of public policy or labor laws, or due to discrimination on the part of the employer.
If you believe you are a victim of a civil rights violation, it’s critical that you document everything as it unfolds. Documentary evidence might include a detailed diary, emails, and even a rough list of potential witnesses.
