What is Education Law?
Schools prepare our children for the future and lay the groundwork for adult life. Education Law encompasses various legal issues affecting students attending public or private institutions from kindergarten through higher education, as well as families and school districts. Two critical areas of education law that often require an advocate’s attention are student rights and school district policies. Discrimination in schools and universities is also covered under education law.
Education Law typically includes legal matters surrounding students’ rights as minors, covered under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 . Under this law, schools are obligated to avoid discrimination and provide equality to those with disabilities, both in the classroom and extra-curricular activities after school or on weekends.
Intended to combat discrimination based on race, color, religion, sex, or national origin, Title IV of the Civil Rights Act of 1964 requires school districts to treat all students equally, both in and out of the classroom (related to admissions, facilities, and academic guidance counseling, among other things). This section also requires schools to provide equal opportunities to participate in extracurricular activities. However, according to Title IX, schools cannot discriminate on the basis of sex "in any education program or activity receiving Federal financial assistance." This includes parent participation and employment.
Why You Would Need Education Law Counsel
People seek out the services of an education law attorney for many different reasons, and the exact circumstances and dynamics of each situation can vary greatly. Some people have a clear idea of what they need an attorney for, while others may be uncertain what to do or even if they truly need an attorney. Let’s take a look at some of the most common reasons why individuals and families turn to an education law attorney for assistance.
In many cases, an individual or family may need an attorney for a student who has special education needs. There are various educational programs designed to assist individuals with special needs, but navigating these programs can be challenging. Having an experienced special education attorney on your side can help you make the best decisions about your loved ones’ education.
Bullying is a pervasive issue in schools today that has been prevalent for years. When bullying occurs and a school does not handle the situation properly, parents may need to consult with an attorney to discuss their legal options. The attorney will advise them on their rights and outline what options may exist to hold the school responsible.
Sometimes, a student will face disciplinary action, such as short-term suspension, long-term suspension or even expulsion. Schools are required to abide by strict policies when it comes to suspending or expelling students, and your attorney may be able to assist you in ensuring the school is following those policies.
Even when a school’s actions are found to be entirely legal and justified, sometimes unusual situations arise that may warrant legal intervention. In these circumstances, an attorney who understands the complex dynamics of the situation can offer valuable advice and guidance about how to proceed.
Choosing your Education Law Lawyer
When looking for the right education law attorney, there are several factors you need to consider. You will want someone who has experience with cases like yours and who can guide you through the process. Specialization is also important because education law is a broad field, and you want someone who understands all of the complexities and nuances in your specific case. You may also want to know about past case successes as well as any other accolades the firm may have. Finally, and perhaps most importantly, you will want a firm with a proven track record of real client reviews. Making sure that your attorney has the experience, the network and the tenacity to win your case is imperative.
Legal Issues in Education School
Beyond the everyday challenges of a classroom, schools and educational institutions can face other legal issues as well. Policy-making measures, data handling, state and federal law adherence, and teacher/student relations are all things that can lead to problems if not handled properly. In a case where one of these previous issues become a legal concern for your school, a consultation with an education law attorney is advised. It is easier to prevent problems with a legal professional than it is to fix them after they occur.
A lack of proper policy implementation can result in complaints from both students and parents, both of which can result in investigations and litigation. An attorney specializing in education law can provide guidance regarding the implementation of policies, and can create, review, modify, and revise them as well. Equally important, an attorney can advise district employees or board members when an investigation or litigation occurs.
Compliance with state and federal regulations is essential for any educational institution . Making a mistake with a student’s or employee’s personal information can result in problems with the Federal Educational Rights and Privacy Act (FERPA). FERPA is designed to protect the confidentiality of student information, and an inadvertent error can result in fines, legal action, or litigation.
In a case where a breach of confidentiality has occurred and legal action is initiated, an education law attorney should be called to help guide you through the process. A lawyer with experience in the field will know the ins and outs of the laws, and be able to help with the handling of any details so as to best protect the institution from further risk of litigation.
Educational institutions are much like employers in other industries. Teacher/student relations in the classroom can become challenging, but any issues with a sexual harassment component require outside attention from a legal professional. It is vital to work with a lawyer who understands the laws of teacher/student relations in schools, so that any potential lawsuits over such issues can be prevented or mitigated before they occur.
Schools: Finding and Preparing to Speak with Education Law Counsel
Professional organizations, bar association memberships, and online reviews can all assist you in finding a reputable education law attorney near you. Reach out to your state or local bar association for a list of qualified lawyers in your area. Many bar associations offer "lawyer referral" services that can match you with a suitable attorney. You should also consider checking the American Bar Association’s website to find a list of state and territorial education law attorneys in your area as well as other helpful resources. If you have a child currently enrolled in an elementary, middle, or high school, or if you are enrolled in college or graduate school, your school can also be a helpful resource in finding a qualified education law attorney. Some schools, especially those larger institutions, maintain a list of recommended attorneys who are members of their alumni network. A good education law attorney should be a reliable resource and assist you beyond just legal problems, so we recommend seeking a representative from a few attorneys.
Education Law Attorneys: Questions to ask them
It is important that you come to your initial consultation with questions in hand, so you can determine if the attorney is a good fit for your needs. Here are some questions you can ask your education law attorney:
- Do you have experience in education law? Are you dedicated solely to education law?
- Have you litigated and tried cases that are similar to mine in nature?
- Do you deal only with special education cases or do you also handle cases concerning Chapter 34 of The Pennsylvania School Code, which pertains to "Special Education for Exceptional Students," i.e. special education disputes under Chapters 14 & 15; bullying, harassment and discrimination; student records; confidentiality of student files; student discipline; Individualized Education Programs (IEPs) and Section 504 Plans; Free Appropriate Public Education (FAPE), and the obligation of school districts to provide services for dropouts or students over 21?
- Do you think we have a case? What is your opinion and why?
- How much time is my case going to take? How long may I be required to wait for a hearing or trial?
6 . How much is it going to cost me? How do you bill for your time? Your estimate for total fees billed should include attorney time, legal assistant time, filing fees, expert witness fees, witness or deposition fees, and any other costs necessary to prepare for a hearing or trial. Do you charge by the hour or on a flat fee basis?
- Are you familiar with local education law attorneys? State special education case law and federal education case law? Administrative procedures and protocol? Local special education hearing officers?
- Will you represent me in negotiations with the district to settle or resolve my legal matter? If not, what is your referral policy with other education law attorneys?
- Will you have someone in your office other than yourself working on my case? How many cases are you handling at one time?
- Do you have experience in handling law suits against local school districts? Specific knowledge of the local school districts or the school district in which the client resides?
- What is your success rate? Will you guarantee a win in my case?
- Do you expect to appeal a decision or order if you lose? How much will it cost me to appeal a final ruling? Are there filing deadlines for appeals? Are there any filing deadlines for the case itself?