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.
When it comes to dress code policies, school administrators cannot rely on mere speculation that a particular message on a piece of clothing will be disruptive. Without an actual disruption of school activities, or a reasonable threat of one, a court may reject a school official’s argument that the clothing ban is justified.
The laws of King Ine of Britain, in effect from 688 to 695, defined a sweeping array of potential crimes and misdemeanors, but they also detailed civil infractions, like neglecting to properly fence a common meadow, along with the fines to be paid for this negligence.
One team member that every family needs is an attorney who can help them with legal issues that arise. This is never more true than when your family includes someone with special needs. No attorney can solve every problem, but often they can help ensure that solutions are found.
One of the earliest compilations of laws in North America is routinely referred to as "Dale’s Laws." Printed in 1612, the 88 articles were drafted in England to establish civil standards and define the “Lawes Divine, Morall and Martiall for The Colony in Virginea, Britannia.”
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.
An education attorney can help you through every stage of securing an IEP (individualized education plan) for your child. This includes everything from requesting an evaluation, managing an IEP meeting, and reviewing IEP forms before you sign them.
Unlawful discrimination refers to inequitable treatment of an individual or group on the basis of any protected characteristics, including age, ethnicity, race, disability, gender, marital status, religion, national origin, sexual orientation, or religion.
In 2014, a Maryland school district refused to clear a questionable suspension from a young student’s record. His infraction? After nibbling a breakfast pastry into the shape of a gun, he was suspended from second grade for two days.
Judge Francis Biddle (1866-1968) sat at the Nuremberg Trials and served as the US Attorney General from 1940 to 1945. Regarding the importance of documented civil law, he observed, “In this court, the unwritten law is not worth the paper it isn’t written on.”
Remember, not every legal complaint filing will be a straightforward process. In some situations, the defendant may file a counterclaim against you if they believe they were wronged or injured by you in the same situation.
We tend to only think of due process when it comes to civil or criminal court cases, but expulsion, suspension, and other disciplinary actions have their own due process. Just like in civil or criminal cases, a lawyer who specializes in education law can spot any violations in the process.
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.
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.
When it comes to civil suits, arbitration is a common method of resolution. Here, the arbitrator operates much like a judge in making a decision concerning the case, but he or she doesn’t have the same legal authority to hold either party in contempt of court.
Basically, the Individuals with Disabilities Education Act (IDEA) was written to ensure certain rights for you and your child with a learning or other disability. If you feel that these rights are being infringed upon, then it’s time to hire an education lawyer.
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.
Education law is highly complicated, and understanding the rights of your child or children plays a significant role in the quality of education they receive. If you think your school district is not doing what it should be doing, visit with us for assistance and advice.
The only way for an attorney to do his or her job properly is if the client discloses everything. However, especially in criminal cases, a client may be hesitant to do this. Fortunately, such a client need not worry as everything he or she discloses is protected by the client-lawyer privilege.
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.
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.
Police officers have broad powers to carry out their duties, but the law does place restrictions on how far they’re allowed to go when enforcing the law. If you’ve been a victim of police misconduct, our attorneys can help.
Do you have an Individualized Education Program meeting scheduled at school for your child? The law gives you the right to have an adviser there, such as an education attorney, who understands the laws and your child's specific rights.
Civil attorneys have the skills to handle a wide range of civil actions, including contract disputes, class action suits, business disputes, complaints against municipal offices, restraining orders, and much more. If you have a question about what legal action you can take, consult with a civil attorney for advice.
Has your school district suddenly decided that your child is no longer in need of the special education resources he or she is entitled to under IDEA? An education lawyer can help you negotiate with the school and make sure they are in compliance with education law.
Our expert team of civil litigation lawyers is trained to handle all types of cases, including civil rights and discrimination suits, commercial litigation, and accident suits (such as auto and slip-and-fall incidents).
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.
During the discovery phase of a civil action, you may find yourself being presented with interrogatories. These are written questions of importance to the case. Written answers must be returned within a designated time.
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.
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.
What happens if the school refuses a request to provide a special education evaluation for your child? An education attorney can help you get written answers for the refusal - which is required by law - and explain your options.
Unfortunately, the judicial process for civil matters isn’t always as fast as you might like. While it may seem as though a lot of time is passing without results, we’re working behind the scenes to handle all the administrative tasks associated with your case.
While people often equate discrimination with places of employment, legal discrimination can (and does) occur in educational settings as well. Common education law issues around discrimination include desegregation, busing issues, and sexual harassment.
Police officers are bound by duty to protect individuals from constitutional violations by their fellow officers. An officer who witnesses misconduct but does nothing may be civilly liable for failing to intervene.
Do not worry that your child, who is struggling in school, may be transferred to a special education classroom without notice. An experienced education lawyer can explain the process of evaluating and providing special education services, which requires parental consent before schools take any action.
We recognize that discrimination against certain individuals is still alive and well in this country. If you feel you or a member of your family is missing opportunities because of it, we may be able to help you defend your civil rights.
If you have a child in special education, it can take a lot of time and effort to ensure that he or she is getting the necessary resources to be successful. Retaining an education lawyer is one of the best ways to ensure that the process runs as smoothly as possible.
Between 1784 and 1833, the Litchfield Law School, the first law school in the US, trained nearly 1,100 attorneys. Two of Litchfield’s graduates went on to become US vice presidents, three became Supreme Court justices, and more than a dozen founded university-based law programs.
The first law school in America was opened by Tapping Reeve in 1784. During the Revolutionary War, Reeve taught aspiring lawyers, but in 1784, he adopted a formal curriculum, scheduled classes, built a small school building, and launched the Litchfield Law School.
Does your child receive all of the services to which they should be entitled? If not, they should be! An attorney who focuses on those with special needs can help you decide what needs to be done and how to go about it.
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.
Civil rights claims are found in almost any type of discrimination, whether it's a restaurant that refuses to serve you because of your religious dress, or a club that refuses to grant you membership because of your sex.
Parents of children with special needs may find it necessary to seek assistance from an education attorney. Why? In spite of established law, some school districts refuse to provide appropriate accommodations that address your child’s special needs.
Did you know that there are actually several different alternatives to filing a lawsuit, depending on your specific legal situation? It is often worth looking into these options, as they can be less expensive and much faster than going through a traditional court proceeding.
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.
The simplest and most convincing reasons to write a will is that your assets will only go where you want them to with a will. This is often an issue when an ex-spouse is involved. A civil lawyer can help you to write up and then update your will, so there will be no confusion.
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.
Torts are any psychological or physical actions against another that result in harm – including negligence, slander or libel, and accidents. A civil attorney can advise you as to whether you can pursue legal action if you are wronged.
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.
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 …”
Remember, our goal in taking on your case is to win, not to collect an endless stream of fees from you without outcome. If we believe your case is not winnable, we will advise you of this prior to beginning any work.
Ever wonder why client-lawyer privilege is important? This arrangement, which happens to be a pillar of the law profession, protects not just clients but the profession itself. By ensuring that concerns are kept confidential, clients are more likely seek out an attorney's help.
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.
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.
Remember, our goal in taking on your case is to win, not to collect an endless stream of fees from you without outcome. If we believe your case is not winnable, we will advise you of this prior to beginning any work.
Ever wonder why client-lawyer privilege is important? This arrangement, which happens to be a pillar of the law profession, protects not just clients but the profession itself. By ensuring that concerns are kept confidential, clients are more likely seek out an attorney's help.
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.
Education law is partially in place to dictate the standards and practices of teachers. This includes everything from required degrees and certification for teachers to protocol, hiring policy, evaluation practices, and wages.
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.
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.
Remember, our goal in taking on your case is to win, not to collect an endless stream of fees from you without outcome. If we believe your case is not winnable, we will advise you of this prior to beginning any work.
Ever wonder why client-lawyer privilege is important? This arrangement, which happens to be a pillar of the law profession, protects not just clients but the profession itself. By ensuring that concerns are kept confidential, clients are more likely seek out an attorney's help.
