lawyer who specializes in school disciplinary case

by Mr. Wilber Streich 9 min read

Should I hire a lawyer for my child’s school discipline case?

Alene Sprano is a highly experienced attorney providing legal assistance and representation during School Board Administrative Disciplinary Hearings for students in Fairfax, Prince William, and Arlington Counties. The beginning of each school year can mean a fresh new start and a renewed sense of excitement for both students and parents.

Can an education lawyer represent me in a lawsuit against a school?

What an Education lawyer can do for you. Education lawyers represent school districts and school boards in disputes with students, teachers, and parents, and they also help parents who have issues with their child’s education. If you believe a school has violated your rights regarding your child's disabilities, or your child has been bullied or unfairly disciplined, then you need an …

What kind of lawyer should I hire for student law?

Dec 04, 2018 · Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate. Lawyers for Parents and Students

What does an education lawyer do?

College student defense requires both a knowledge of university discipline cases, as well as criminal defense. Our attorneys can help. CALL US 24/7 AT 203-946-2000

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How long do you have to be suspended from school?

Most often, you are initially told that they have been suspended for a short period of time – 5 days, but this can be followed up by an additional 5 day suspension and a more formal notification letter letting you know that the school is moving forward with disciplinary proceedings. This means that your child’s conduct has been referred to the Division Superintendent who will determine if additional consequences should be imposed or if there are special circumstances that might warrant a different outcome. Your child will remain suspended in order for a disciplinary hearing to convene.

What is a MDH hearing?

The school will be required to hold a Manifestation Determination Hearing (also called an MDH or 10-day hearing) if the child may be removed from school for more than 10 days. It is vital to have an attorney who has a full understanding of the student’s rights during this process.

What an Education lawyer can do for you

Education lawyers represent school districts and school boards in disputes with students, teachers, and parents, and they also help parents who have issues with their child’s education.

Why hire an Education attorney

Education laws relate to how our schools operate. They cover matters like educational standards, school district and school board authority, student attendance, discipline, and dress code requirements. An education lawyer advises school districts and school boards and represents them in disputes with students, teachers, and parents.

Did you know?

Cyberbullying is one of the most common types of bullying between teens. About 80 percent of all high school students report being bullied online.

What does a school district attorney do?

The school district will pay for the legal services directly without going through a law firm. Counsel hired by the district as general counsel usually handle daily legal questions, contractual issues and smaller lawsuits involving simpler laws, such as open records requests or procedural questions for school board meetings. However, these attorneys may also advise on more complex lawsuits, typically with the assistance of a firm or attorney separately hired for a specific lawsuit.

What is an education law attorney?

Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate.

What happens if you sue a school district?

If you sue a school district, the district will hire its own counsel. The district may hire a single attorney, or it may hire an entire law firm. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses.

What is a slip and fall lawsuit?

Lawsuits brought by parents and students against a school district could be anything from a slip-and-fall case to a violation by the school district of local, state, or federal statutes. You'll need to hire a lawyer that specializes in the type of legal problem you're experiencing. For example, if your child has been injured on school premises, ...

What is a union attorney?

In addition, union attorneys are frequently used in the course of negotiating a collective bargaining agreement. When the union and the school district are unable to reach agreement through negotiation or arbitration, the agreement occasionally proceeds to the courts, where a union attorney will represent the district's employees.

What to do if your child is being bullied?

For example, if your child has been injured on school premises, you may need to hire a personal injury lawyer. If you think your child is being bullied, has special needs that are not being met or is facing discriminatory practices or harassment from educators and other staff, you'll need an education lawyer.

What is a conduct violation?

Conduct Code Violations. Every public and private college and university in the United States has a code of conduct. While these codes may differ in the details, one thing remains the same: a conduct code violation can put your higher education—and your future—in jeopardy.

What are the issues with Title IX?

Many issues can arise under Title IX, including: 1 Sexual harassment 2 Sexual assault 3 A school’s failure to investigate complaints of sexual misconduct 4 Gender discrimination including sexual orientation and gender identity 5 Unequal athletic opportunities for men and women 6 Unequal access to facilities or educational programs

What is Title IX?

In short, Title IX protects students, faculty, coaches, and other employees at publicly funded schools from discrimination on the basis of sex or gender. This law applies to the vast majority of colleges and universities in the United States, as well as to the students at these institutions.

Can a student be arrested for a crime?

Colleges or crime victims may report criminal acts to local authorities , and suddenly a student can face arrest and serious criminal charges. In many situations, a criminal case can take place at the same time as a college disciplinary hearing.

Why is school discipline important?

When school discipline is triggered in an appropriate situation and handled properly, it can be a good opportunity for your child to learn how to resolve problems with teachers and classmates effectively and peacefully. But many advocates complain that discipline policies and practices have created a "school-to-prison pipeline."

What are the punishments for breaking the rules?

When students break the rules, schools have a fair amount of discretion in handing down punishment. The most common types of punishment include: 1 loss of privileges, such as participation in school sports or other extracurricular activities 2 service in the school or community 3 detention (when student is assigned to a special classroom during lunch, after school, or on Saturdays) 4 exclusion from a particular class 5 in-school suspension (when the student is removed from all regular classes but stays on campus in a separate room) 6 out-of-school suspension (when the student is removed from school from a few days to several months), and 7 expulsion from the school.

Can a college discipline a student for hazing?

College and university students may also face disciplinary proceedings for a range of misconduct, including underage drinking or possession of illegal drugs, sexual assault, harassment, hate crimes, hazing, cheating, and plagiarism. Courts tend to support the authority of colleges to discipline students for off-campus behavior if it affects the schools' educational mission, reputation, or functions. But it's not clear in all states whether that authority extends to punishing athletes and other students for what they post on social media.

Can teachers spank kids?

In most states —and many large urban school districts in the remaining states —teachers and other school officials aren't allowed to hit or spank children as a form of discipline. To find the rules on in your state, see this search tool for school discipline laws and regulations by state.

Clifford A. Cohen

Mr. Cohen has more than 30 years’ experience in Education Law. He graduated from the University of Missouri at Kansas City School of Law in 1974 and was licensed in Missouri in 1974 and Kansas in 1975 and in 1989 became licensed in Colorado. Mr.

Andrew Duncan

Andrew “Drew” Duncan has been working with his law partner attorney Clifford Cohen in the field of education law since serving as law clerk for Mr. Cohen during law school. In his practice, Drew has handled more than one-hundred matters for student clients.

Request a Free Consultation

Please feel free to email Mr. Cohen and Mr. Duncan directly to request a free consultation.

What is the code of conduct for college?

has a code of conduct that applies to its student body. This code is usually included in a student handbook and tells students how they are expected to behave on campus and what types of behaviors are forbidden.

What happens if you violate the Code of Conduct?

Generally speaking, if you are accused of violating the code of conduct, you will receive a notice of a disciplinary violation and may be called before a hearing committee. Unfortunately, the rights afforded to you in the disciplinary process are often weak and arbitrary.

What is Google review schema?

Note: Our website follows Google’s guidelines and uses a tool called “review schema” which allows clients to provide a testimonial that will be recognized by Google as a star-rated review ( with the rating provided by the client).

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