Alternative dispute resolution (ADR) options can be pursued rather than a traditional lawsuit to resolve a civil case. Generally, the most predominantly used options include negotiation, mediation, and arbitration.
If your school district will be implementing a safe school’s initiative or will be making changes to policies that already exist, seek guidance and advice from an attorney that practices education law. You do not want to put your students, staff, and district at risk because of oversights or shortcomings.
While we’ll make every effort to keep you informed of the status of your case, feel free to contact us at any time for more information. We understand that the time we’re spending on the administrative tasks of the case may seem unproductive from the outside.
While there is a general understanding of education and how schools must provide it, each state views these responsibilities differently, perceptions are not always consistent. If you have an issue with your children’s school or district, an attorney practicing education law is your best resource for information and assistance.
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.
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.
If you had a problem with your foot, you wouldn’t go to an eye doctor, right? The same thing is true when it comes to lawyers. If you have a problem involving education rights or standards, then you should go see a specialized education lawyer.
Remember, not all kinds of non-criminal cases may be handled by our firm. For instance, personal injury, divorce or child custody cases may be better served by the respective civil law specialists.
If your child is in a special education program and the lines of communication have broken down and you believe your child is not receiving that to which he or she is entitled, an attorney experienced in education law may be able to help make things right.
We recognize that suing the federal government for illegal trespass of your property can be a daunting endeavor. Remember, you have rights and these rights can’t be violated by the government. There is a process to follow and you may have legal recourse when they fail to do so.
In 1972, the Supreme Court ruled in favor of a Wisconsin Amish group that challenged the state’s compulsory attendance law. They successfully argued their children should be able to leave school after eighth grade, because they’d acquired sufficient formal education for the Amish way of life.
Were you aware that if you are a student receiving financial aid, you have the right to request an explanation of the various awards in your student aid package? Also, if you believe a mistake has been made in determining your eligibility, you have the right to ask that your financial aid application be reconsidered.
The vast majority of civil lawsuits settle before trial, with the plaintiff receiving a monetary award agreeable to both sides. However, if a civil suit goes to trial, the damage award is determined by a jury, or by a judge in a non-jury trial.
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.
Because of the many different areas of civil law, many lawyers choose to specialize in one or several practice areas, in order to gain more expertise. However, that trend often depends on the size of the city. In smaller towns, where there aren't as many lawyers and a broader expertise is required, specialization is not as common.
One thing any family who is caring for someone with special needs can use is someone who can help them through the occasional legal issues that can arise. Whether education related or ensuring that Social Security and other rights are protected, an attorney is a great friend to have.
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.
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.
Punitive damages are a rare occurrence in a civil law case. They are ordered only when the defendant's actions have been particularly offensive. For example, a surgeon who leaves a medical instrument inside a patient after surgery could face punitive damages.
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.
It’s important to remember that even if you were suspected of a crime, your civil rights should not be violated. If you believe you were only a person of interest in the case because of your race, you may have a civil rights case worth pursuing.
Studies in 2003 showed that 7 out of 10 students with disabilities who were out of school as long as two years had paying jobs compared to just 55 percent in 1987. Also, the number of students with disabilities who continued their education after high school doubled by 2003, compared to 1987 numbers.
In a criminal case, you have an innate right to a court-appointed lawyer, but this isn't the situation with a civil case. Fortunately, a civil lawyer is there to step in and represent you, so you don't get lost in the system.
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.
So what’s the difference between a civil wrongful death suit and criminal homicide? This has to do with the circumstances surrounding the death. Essentially, with wrongful death the death is from neglect, whereas homicides have more stringent requirements.
Legally, the special education process should follow certain steps, including identification of delays or challenges in the child’s learning process, a learning disability diagnosis, and finally the development of a 504 plan or IEP to guide the child’s education going forward. If the school is fighting you on this in any way, then it may be time to consult with an education lawyer.
We will thoroughly explain and expertly handle every aspect of your civil litigation suit, from filing a complaint, to gathering evidence and preparing witnesses, to any actual court appearances.
Are you dealing with a school that refuses to accommodate your special needs child? Legally, schools are required to accommodate special needs children, so if there are any disagreements, then an education lawyer can help you handle the situation and get your child the education they need.
If you’ve been a victim of police misconduct, try to get contact information for any witnesses, and take photographs of damages or injuries. Write down everything that happened as soon as you can so you don’t forget important details.
According to a 1999 study by the Insurance Research Council, hiring a lawyer more than pays for itself. For example, in an accident involving a bone fracture, victims with attorneys received about $20,000 – about twice what victims without attorneys were offered.
Under current education law, students with any kind of disability have the right to an appropriate education plan that has been designed specifically for their individual needs. In addition, a school district may not discriminate in any way against a student with a disability.
Suspension can sometimes be based on judgements made in the heat of the moment based on little to no evidence, but that doesn’t mean you have to live with them. If you feel like your child has been unjustly suspended, an education lawyer can help overturn it.
The person filing the lawsuit in a civil case is the “Plaintiff” and the one being sued is the “Defendant.” In either situation, legal advice and guidance is critical for protection, and to help you win.
Did you know that federal law prohibits schools and school officials from retaliating against you, your child, or school staff for acting in the best interests of your child? If you believe that retaliatory action has occurred, then it’s time to contact an education lawyer.
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.
It’s important to remember that the civil rights landscape is always changing in our country. While it may have been normal to endure certain discriminatory treatment in the past, you may now have the law on your side.
Did you know that the law profession originated in Ancient Greece? People who were charged back then were required to plead their own cases but could seek the assistance of a "friend," usually one who was a skilled orator.
The most common claim of police misconduct is false arrest, in which the plaintiff claims that he or she was jailed in violation of the Fourth Amendment right against unreasonable seizure.
If you feel that your school district is not accommodating your child’s special needs, then an education lawyer can help. They can help you file any complaints and represent you at the due process hearing to ensure that your complaint is addressed.
If your child is being transferred to an alternative school, the district must follow a specific set of criteria before taking this action. If you think they have failed in this, or that the transfer is unwarranted, speak with an education law attorney to find an advocate for your child.
There are several different types of situations where you may need an education law attorney. This includes parent refusal to have their child vaccinated, residency determinations to determine whether a family is within a particular school district, and school transportation issues.
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."
Unfair treatment of any kind is reprehensible, but it may not constitute a violation of your civil rights or liberties. Our experts can weigh the merits of your case and let you know if you’ve been a victim of discrimination.
If you are considering taking civil action against an individual or an organization, understand that there are time restrictions, and failing to complete any step of the process within the allotted time can result in your claim being denied.
Did you know that there are specific laws relating to the educational rights of children with special needs? The particulars will vary from state to state, but an education lawyer will help ensure that your special needs student is getting the attention they deserve.
Civil cases are those brought by plaintiffs claiming to have been harmed by the individual(s), groups, or organizations named in the lawsuit and are seeking relief from the courts. Relief can take the form of financial compensation, an injunction, or other action.
The laws in the US mandate that every child is given the opportunity to an education. On the surface this seems pretty straight forward, but in application it can get a little murky. An education lawyer is your advocate through the murk to make sure your child gets the opportunity they deserve.
One of the most common methods of handling certain civil disputes is arbitration. Using an arbitrator rather than going through the courts tends to be much quicker and much less expensive as well.
If your child is on the borderline of listed disability and you are having trouble making headway with the school to get your child the help he or she needs, then an education lawyer is going to be your best option. They have a strong understanding of IDEA law and will be able to help you to more effectively navigate the process.
The worst thing a client can ever do is to withhold information from his or her legal counsel. Doing so reduces the chances of a favorable ruling because the attorney cannot give the proper advice nor craft a proper defense.
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.
Did you know that even in at-will employment, an employee's military status can affect his rights? By law, employers can't base hiring, firing, or adverse workplace decisions on whether an enlisted employee is on active duty, or has been called to active duty.
If your child has been bullied in school and the school does not investigate the bullying or make an effort to stop it in the future, then you may have a legal case. An education lawyer will be able to listen to your story and determine whether you have a legal standing.
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.
Do you know the difference between civil law and criminal law? Civil law involves things like contract disagreements or auto accidents – disputes between a person and another person or business. If you lose a civil case, you are never at risk of going to jail as you potentially are in criminal cases.
Not sure what your child’s rights are when it comes to special education services? After speaking to your child’s school, it may help to speak to an attorney specializing in education law as well. This ensures that any questions will be answered and you can address any concerns quickly.
Did you know that even in at-will employment, an employee's military status can affect his rights? By law, employers can't base hiring, firing, or adverse workplace decisions on whether an enlisted employee is on active duty, or has been called to active duty.
If your child has been bullied in school and the school does not investigate the bullying or make an effort to stop it in the future, then you may have a legal case. An education lawyer will be able to listen to your story and determine whether you have a legal standing.
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.
Employees can report discrimination or harassment on the job directly to the agency in their state that handles such complaints. However, they may relinquish the right to other avenues of compensation if they act before speaking to an attorney.
In many respects, the 1647 Massachusetts education law established the principle of publicly funded schools. It required towns of 50 or more to hire a schoolmaster whose wages were paid by the parents, masters of apprentices and servants, and general inhabitants.
Do you know the difference between civil law and criminal law? Civil law involves things like contract disagreements or auto accidents – disputes between a person and another person or business. If you lose a civil case, you are never at risk of going to jail as you potentially are in criminal cases.
Not sure what your child’s rights are when it comes to special education services? After speaking to your child’s school, it may help to speak to an attorney specializing in education law as well. This ensures that any questions will be answered and you can address any concerns quickly.
Did you know that even in at-will employment, an employee's military status can affect his rights? By law, employers can't base hiring, firing, or adverse workplace decisions on whether an enlisted employee is on active duty, or has been called to active duty.
If your child has been bullied in school and the school does not investigate the bullying or make an effort to stop it in the future, then you may have a legal case. An education lawyer will be able to listen to your story and determine whether you have a legal standing.