what kind of lawyer to fight a school board

Can a lawyer help defend a school district?

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 kind of lawyer do I need to sue a school?

Thus, a private school can be sued without having to file an administrative complaint. In general, this also means that it is usually much easier to file a lawsuit against a private school district than it is to sue a public school district. A public school will normally be protected by the doctrine of sovereign immunity, while a private school ...

What does an education lawyer do?

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 does a law firm do for a school district?

All law firms are not the same. Morgan & Morgan has more than 700 attorneys nationwide fighting for the rights of victims. With over $9 billion recovered on behalf of over 100,000 clients, we have the proven track record it takes to provide you the representation you deserve. We have successfully taken legal action against school boards and ...

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 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 ...

Can a school be sued for negligence?

Remember, public schools cannot be sued for simple negligence. They must be sued for willful or intentional negligence and the claim must be for something ...

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.

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.

Examples of School District Cases

Many school district cases involve negligence on the part of school board officials or school administrators. Regularly, these and other parties fail to properly supervise students and the school district employees tasked with serving them. In a toxic school environment, students may fall victim to many forms of suffering.

Choosing the Right Lawyer to Sue School Districts

Today's school districts are aware of the risk of legal action. In fact, many possess formidable representation. However, don’t let this discourage you from pursuing legal action. With the right lawyer in your corner, you can hold school districts accountable for their failure to protect your children and their peers.

Why Morgan & Morgan?

Since school districts tend to have daunting legal representation on their side, when it comes to holding these districts accountable, size matters. All law firms are not the same. Morgan & Morgan has more than 700 attorneys nationwide fighting for the rights of victims.

How to fight school expulsion?

You may be able to fight school expulsion first by having your attorney present a strong argument on your child’s behalf at a school expulsion hearing. School expulsions begin with a hearing in front of an independent panel, typically made up of educators and administration staff. The panel hears testimony regarding your child’s case.

How long does it take to appeal a school expulsion?

The hearing officer or panel will make a recommendation based on the appeal hearing to the county board of education within three school days after the hearing.

What happens if a child is expelled from school?

If your child is expelled from school, it can have a lasting impact on his or her education and life. However, under California Education Code Section 48900, your child has a right to appeal a school expulsion and seek an expulsion hearing.

Who can speak at a hearing?

School officials, witnesses, students and anyone else who is authorized to speak on behalf of your child may be called upon to speak at the hearing. This is why you should consider hiring a lawyer to represent your child.

Can you appeal an expulsion decision?

Appealing an Expulsion Decision (Education Code 48919) If the school board decides to expel your child, it does not mean your case is over. You can continue fighting the expulsion. Under California Education Code Section 48919, a student who is expelled from school (or their parent or legal guardian) can appeal the decision with the county board ...

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 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 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 can a lawyer do for a family?

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.

What are the consequences of school disciplinary hearings?

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.

What is the compound JWH-018?

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. But Fairfax County Public Schools has a strict disciplinary policy regarding weapons and drugs. When questioned by school authorities, Nick admitted his action and apologized.

Who is Nick's father?

Nick’s father, Steve, along with Sandy and her nurse accompanied Nick to the hearing with a feeling of nervous confidence. Steve Stuban says an administrator discouraged him from bringing an attorney to the hearing. A lawyer, the administrator said, would make the proceeding unnecessarily confrontational.

Who is Brent Pattison?

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.

What year did the Columbine massacre happen?

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.