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Depending on the specifics of your situation, lawyers with experience in education law and school discipline, juvenile criminal matters, or discrimination claims in an educational setting might be best suited to help you.
However, the type of lawyer involved in a lawsuit against a school district depends upon the type of the lawsuit and the scope of the matter. Particularly with large or overly complex cases, more than one attorney representing different areas of legal expertise may be retained.
Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and how the school is governed. However, the type of lawyer involved in a lawsuit against a school district depends upon the type of the lawsuit and the scope of the matter.
In some lawsuits, firms will also provide attorneys with litigation experience to assist in court, especially in large complex cases like class action suits. Occasionally a school district will retain an individual attorney or a law firm to serve as the district's general counsel for any matters that may come up.
In addition, high-profile school shootings, including the 1999 massacre of 12 students and one teacher at Columbine High School in Colorado, have prompted schools to usher in strict zero-tolerance programs, bearing severe consequences, even for first-time offenders.
Sometimes the best thing a lawyer can do is to advise a family how to approach the process and prepare for the best presentation. A lawyer who specializes in school disciplinary cases would likely know applicable law for the process, including the parameters for questioning witnesses and reviewing evidence.
According to children’s advocates, parents of students facing more than a short-term suspension should consult with an attorney the moment they receive notice of a disciplinary proceeding.
And then one day Nick bought one capsule of a synthetic compound called JWH-018 at school. The compound mimics the effects of marijuana but was legal at the time.
In numerous cases, children have been suspended for taking Tylenol, aspirin or other over-the-counter medications during school hours.
Brent Pattison, director of the middleton center for Children’s Rights at Drake University Law School , says he has seen dozens of cases in which a school’s disciplinary proceeding fails to conform to fundamental concepts of fairness, such as maintaining impartiality.
But parents often can’t afford a lawyer or are concerned that school officials will react negatively to a lawyer’s presence. William Reichhardt, a lawyer in Fairfax who specializes in education issues, says he has seen numerous cases in the local school system in which parents were specifically told not to hire a lawyer.
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.
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.
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, ...
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.
If the school has violated your admissions agreement, you may have a claim for breach of contract and will need a contracts lawyer. The first step may be to speak to an education attorney and find out if she can help, or she can direct you to the appropriate type of attorney for the situation.
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.
As the best Connecticut and New York school discipline lawyers and attorneys will advise, the most important thing to remember in any school disciplinary proceeding is that as a student, you have rights . If you are attending a public institution, then even in the most serious cases that warrant immediate expulsion, your Connecticut state and federal due process rights require your school to notify you of your alleged misconduct and to hold a fair hearing during which you may present evidence and witnesses. However, if you are being investigated or disciplined in a Connecticut private high school or boarding school, then you will not have due process rights and your rights will be governed by your school’s rules and regulations, which are codified in your school’s handbooks. These handbooks are considered contracts, and are binding on you, your parents, and your school’s faculty and staff. In either event, hiring a top Stamford, Westport, Wilton, Darien or Greenwich school discipline attorney can give you more leverage against aggressive school administrators and attorneys. Until you push back and start making them think of your child’s case from a cost-benefit analysis, then there’s a possibility your school may not want a knockout fight in court and will reverse their discipline or enter into a settlement agreement. The team of Connecticut boarding school and private school discipline lawyers at Mark Sherman Law has reached numerous settlements with top-tier schools that have resulted in the reversal of discipline, reinstatement of student admissions, the return of tuition payments, and attorneys’ fees being paid to our clients. Click here for more information on our firm’s school disciplinary practice.
As the best New York and Connecticut school and college discipline lawyers appreciate, college and university disciplinary proceedings typically involve violations of university policies, all of which are listed in a college or university student handbook. Often at the heart of New York and Connecticut college and university disciplinary proceedings are incidents of drug use, drug possession, drug sale and distribution, underage alcohol possession, marijuana possession, hazing, plagiarism, and rape. Obviously many of these examples of misconduct involve allegations of criminal misconduct so it is important that you consult with a top Connecticut criminal lawyer prior to speaking to any college administrators or investigators, who have a legal obligation to report suspicious or criminal activity to campus police and local law enforcement authorities.
Almost all schools at every level take plagiarizing and cheating very seriously. In the eyes of academic institutions, plagiarizing and che ating are among the most egregious violations of a school’s honor code, as the crime indicate s a lack of academic integrity and honesty. Many times, schools will have a zero tolerance policy for plagiarizing or cheating, especially if you do not admit to the misconduct. So are you better off fessing up to the plagiarism or exercising your right to remain to silent? After all, students do make mistakes, and some forms of plagiarizing can be unintentional. For example, you might not know how to correctly credit a source or an author. You might have merely forgotten to credit an author’s work. Or you might even write something that coincidentally resembles another author’s work. Any of these situations can result in a school disciplinary hearing for plagiarism. That’s why other, more lenient schools, however, may have different standards that permit two or three “strikes,” before a student is required to appear before a committee that will determine the student’s academic penalty and future. With defenses like these available, it is a good idea to consult any of the best Stamford, Fairfield, Bridgeport, Darien and Greenwich school discipline attorneys who will tell you that all it takes is one lenient rule in your student handbook—coupled with some solid negotiating—to win a school discipline hearing.
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."
detention (when student is assigned to a special classroom during lunch, after school, or on Saturdays) in-school suspension (when the student is removed from all regular classes but stays on campus in a separate room) expulsion from the school.
If your child has been accused of misconduct that could lead to a suspension or other serious discipline, you’ll want to know how to approach the discipline proceedings and protect your child’s rights. An attorney who specializes in education law should be able to help.
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.
When students break the rules, schools have a fair amount of discretion in handing down punishment. The most common types of punishment include: loss of privileges, such as participation in school sports or other extracurricular activities. service in the school or community.
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.
It’s also good to remember that school discipline—triggered in an appropriate situation and handled properly—can be a good opportunity for your child to learn how to resolve problems with teachers and classmates effectively and peacefully.
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.
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.
In many situations, a criminal case can take place at the same time as a college disciplinary hearing. Students in this position must seek qualified legal representation from an attorney who can handle both the college disciplinary case and the case in criminal court.
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 “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.
Please feel free to email Mr. Cohen and Mr. Duncan directly to request a free consultation.