what kind of lawyer handles issues with public schools

by Hillard Thompson 5 min read

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.Dec 4, 2018

What kind of lawyer handles lawsuits against schools?

Dec 04, 2018 · 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.

What to know before becoming a lawyer?

Education lawyers represent parents and their children in cases involving students' access to public school education, rights of special needs students under the Individuals with Disabilities Education Act (IDEA), discrimination in education, and more.

What are the education requirements for an attorney?

An education lawyer advises school districts and school boards and represents them in disputes with students, teachers, and parents. Education lawyers also represent parents who have issues with their children's education. For example, if you think your child has been improperly suspended from school, an education lawyer will help you determine if challenging the suspension is …

What colleges are good for lawyers?

While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Jaclyn holds a J.D. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. from Fordham University, majoring in both Journalism and the Classics (Latin).

Identifying Your “Cause of Action”

You always must identify your legal cause of action (or type of legal claim). Some common causes of action against schools involve: 1. Discriminati...

Filing An Administrative Complaint Against The School

In many school-related cases, you must complete an administrative complaint process before you file a lawsuit with the courts (sometimes referred t...

Filing A Lawsuit Against A Public School District

Once you exhaust any administrative remedies, you may file a lawsuit. Filing a lawsuit against a school district requires the filing of a legal com...

Is The Process of Suing A School District The Same For Private Schools?

Private schools are not protected by governmental immunity. However, if a private school accepts federal funding, it must comply with certain laws...

Do I Need A Lawyer For Help With Suing A School District?

Filing a lawsuit against a school district is a time intensive and detailed process. An experienced government lawyer can help you avoid costly mis...

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 are the laws that protect against discrimination?

Below are the federal laws that protect against discrimination, and the categories they seek to protect: 1 Title VI of the Civil Rights Act of 1964: This law prohibits discrimination against people based on their race, color or national origin (country they are from). 2 The Americans with Disabilities Act (ADA): This law prohibits discrimination against people who qualify as having a disability under the Act. 3 Title IX of the Education Amendments of 1972: Specifically prohibits discrimination based on sex. Some courts have interpreted this to include discrimination based on gender/gender identity. Sexual harassment is also a type of discrimination based on sex. 4 Religious Discrimination: Although this is not explicitly listed in the above-mentioned federal laws, students are free to practice their religion. Also, the religious discrimination a student experiences is likely to occur along with discrimination based on national origin, which is actionable.

What is educational malpractice?

Educational Malpractice: Failure to properly or satisfactorily educate a student can sometimes open up the school to liability. Most of the causes listed above involved a parent suing the school system on their child’s behalf. Teachers and other employees of a school district may also have cause to sue: Improper Discharge of a Teacher: A teacher ...

What is federal law?

Discrimination: Federal law protects against discrimination. This includes discrimination that occurs in public schools. A person may be discriminated against based on their sex, race, national origin and disability, to name a few.

Can a school district be sued?

Individual employees within a school district can be sued. School districts can sometimes be held vicariously liable for their employees who were involved in the behavior leading to the lawsuit. The following are commonly named as defendants in a school lawsuit: Individual school employees.

Is sexual harassment a form of discrimination?

Some courts have interpreted this to include discrimination based on gender/gender identity. Sexual harassment is also a type of discrimination based on sex. Religious Discrimination: Although this is not explicitly listed in the above-mentioned federal laws, students are free to practice their religion.

What is the most important step in a school district lawsuit?

One of the most important steps in suing a school district is determining the cause of action. A “cause of action” is a legal term that refers to the set of facts that establish the grounds to justify bringing a lawsuit. Basically, if a plaintiff can demonstrate that a certain set of facts would allow them to seek redress against another party ...

How to sue a school?

Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School. Each school district has a special process that a plaintiff will be required to adhere to before they can file a lawsuit against the district or a particular school in court. Although these procedures can vary widely from school district ...

What is administrative complaint?

An administrative complaint is a document that gets submitted to a government agency in the state where the school district is located. In most cases, this is usually the state’s department of education.

Can a private school be sued?

Thus, a private school can be sued without having to file an administrative complaint.

Is a public school a government entity?

So, if a public school is recognized as a government entity, then this means it enjoys the privileges provided by this doctrine. Another difference between suing a private school district versus suing a public one is that filing a claim against a private school district only requires following the standard steps of a regular lawsuit.

What information is included in a complaint?

The complaint will contain information, such as which law the plaintiff believes was violated, a statement of facts, additional documentation that supports the complaint, and the plaintiff’s recommendation for resolving the issue in question.

How long does it take to get a case investigated?

They may also request further evidence from the plaintiff during the investigation period. It usually takes around 60 days to complete the entire investigation. In cases where a local agency handled the issue, the plaintiff can contact a state’s department of education to investigate the matter even further.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What are the challenges teachers face?

A poll from the National Center for Education Statistics cited that problems like apathy, tardiness, disrespect and absenteeism posed significant challenges for teachers. These issues were seen more frequently at the secondary school level, rather than the primary grades.

What is the first challenge in school?

The first challenge lies in identifying underlying problems keeping students from learning today. This challenge, in part, is due to the fact that the problems may change considerably depending on who is labeling them, whether it is students, parents, ...

What are the factors that affect a teacher's ability to teach?

Family Factors. Family factors also play a role in a teacher’s ability to teach students. Principals and teachers agree that what is going on at home will impact a student’s propensity to learn. Divorce, single parents, poverty, violence and many other issues are all challenges a student brings to school every day.

What percentage of children live in poverty?

Technorati reported last fall that 22 percent of the children in the U.S. live at or below poverty level. American Graduate defines poverty as a family of four with an annual income level of $23,050 or lower.

Is bullying a new problem?

Bullying is not a new problem, but it is one that has a profound impact on the learning aptitude of many students today. Technology has given bullies even more avenues to torment their victims – through social networking, texting and other virtual interactions.

What does "less funding" mean?

Less funding means smaller staffs, fewer resources and a lower number of services for students. While some argue that throwing more money at the education problems won’t make them go away, others assert that lack of funding caused many of the problems in the first place.

Is cyberbullying a problem in schools?

Cyberbullying has become a major issue for schools, as evidenced by the number of suicides that can be directly traced to bullying events. The fact that laws are still fuzzy regarding cyberbullying adds to the challenge – since parents, teachers and administrators are unsure of how to legally handle such issues.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

How to find out about bullying in school?

To find out more about bullying issues at your child’s school, speak with teachers, counselors, and/or administrators for information and tips for support. If you are concerned about your son/daughter’s safety and/or behavior, counselors and administrators can discuss their school’s specific bullying program to offer guidance and support.

What is the National Center for Bullying Prevention?

The National Center for Bullying Prevention (NCBP) The National Center for Bullying Prevention is one of the many national organizations focused on helping students learn more positive behaviors to combat bullying issues.

What are the three types of bullying?

To prevent a negative cycle of violence and attacks, both kids and adults can identify three specific types of bullying: physical, verbal, and exclusive . Physical bullying signs, as Stop Bullying Now supports, are evident through “hitting, kicking, pushing, choking, punching.”.

How long does it take for bullying to happen?

In fact, according to studies reported by Stop Bullying Now, an incident of bullying occurs ever seven minutes, as the experts assert: “Children, after all, learn from what they see us do, rather than from what we say. When adults do not intervene, bullies may feel there is nothing wrong with their actions.

How does bullying affect the victim?

Bullying can lead to serious physical and emotional ramifications; specifically, oftentimes the act of bullying results in the bully blaming the victim for the abuse, or can also result in the victim blaming him or herself for the abuse. The impacts can be deeply emotional and painful. 30,327. • Promoted Content.

Can bullying occur in middle school?

Again, while bullying can occur from school grades as young as kindergarten and even preschool, it is being theorized that the middle school teens are engaging in more bullying-type behaviors than any other student group.

Why do young people go to law school?

This role not only prosecutes or defends defendants who have been charged with a crime, but it also entails a strong acumen of arraignment, arrest, bail, plea agreements and a whole host of issues pertaining to the criminal trial.

What is the role of an intellectual property lawyer?

While not exactly one of the sexiest types of lawyer, the primary role of an intellectual property lawyer is to establish and protect IP. Legal professionals will counsel their clients and handle issues pertaining to the following: distribution.

What do tax lawyers do?

In addition, a tax law expert will have a number of other daily tasks, including: 1 evaluating intricate tax matters 2 talking and negotiating with the government 3 maintaining confidential tax records for clients 4 staying up to date on both important and mundane tax issues 5 developing plans to solve financial matters important to clients.

Why is it important to have an immigration lawyer?

Therefore, an immigration lawyer is critical should you wish to move to another nation for business or personal reasons. An immigration professional will consult, advise and guide clients on asylum, citizenship, naturalisation, green cards, visas and refugee status.

What does a real estate attorney do?

A real estate attorney works with clients to review appraisals, prepare inspections, draft leases, complete purchase agreements, obtain financial agreements and sign deeds. Typically, anything that is associated with your house, besides a mortgage, demands the attention of a real estate lawyer. 10. Bankruptcy Lawyer.

What is corporate attorney?

Corporate attorneys are critical to owning and operating a corporation. In fact, corporations have their own legal departments for guidance, advice and elementary day-to-day legal functions such as compliance, governance, drafting legal documents, preparing government reports, negotiation and administering training workshops.

What is the most depressing branch of the legal profession?

One of the more depressing branches of the legal profession is possibly family law. You see couples that once loved each other engage in bitter divorce proceedings. You witness children being used as pawns and their hearts being broken. You see siblings go to war for a piece of property.