Education Law

Higher Education: College Students

College students may face suspension or expulsion problems, or may simply have questions regarding their rights in either the public or private education setting. Public universities embrace different concerns than private. Professors and higher education teachers also need representation with regard to contract disputes, or controversies or claims brought by students, the administration or students. Title IX and Title VI (statute) also protects public university students, and some private university students, from discrimination in education and may impact the case under certain circumstances.

Elementary, Middle and High School Students and Teachers

The most common case associated with the public school system involves charges brought as grounds for suspension or expulsion of a student. Students need representation for hearings, or to understand their rights to disclosure of records, to due process, or concerning various sanctions, which may be imposed including attendance at alternative schools.

Other issues may concern the constitutional rights of public school students, including freedom of speech and association.

As described above, we also represent teachers with regard to all aspects of their employment relationship, including hearings, and appeals at all levels.

Special Education Students

Special needs students in elementary, middle school and high school settings have a variety of complex issues that arise regarding their eligibility for, and participation in special education classes. The Individuals with Disabilities Education Act (IDEA) , 20 U.S.C. § 1400 et seq . has undergone recent revisions, governs these cases, as well as the Rehabilitation Act 29 U.S.C.A. §§ 794, which applies to some students with disabilities. The No Child Left Behind Act 20 U.S.C. § 6301 et seq. also is a primary new body of law, which may impact the student with special needs.

Private School Students

Private school students may encounter concerns if they have a disability, or may have contract related issues regarding various aspects of their education experience, including disciplinary measures, curriculum or other educational benefits. Private schools also may be subject to other laws depending up their level of federal funding, such as statutes protecting students from discrimination in education.

Whistleblowers

Employees who have experienced adverse employment action as a result of reporting a violation of certain laws may have claims under any one of several federal or state statutes which protects whisteblowers, including the relatively new Sarbanes Oxley Act. Such employees should immediately seek legal advice about their situations to comply with the various statutes of limitations, and other technical requirements which apply to asserting this type of claim.

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