Can a student be suspended or expelled from a public school? Can a student be suspended or expelled from a public school? → Read More
School Liability for Student Cyberbullying Just like not every instance of teasing or “drama” between children and teenagers is bullying, not every instance of bullying imparts liability on a school or school district. → Read More
School Bullying: Do You Need an Attorney to File a Claim Against a School District? Any lawsuit can be highly stressful for everyone involved. This is especially true for children who have already suffered from bullying. An attorney will provide much needed support and guide you through the process. There is much more to filing a lawsuit against a school district than many think. There are many steps to take and you’ll probably need help along the way. → Read More
Basic Factors in Evaluating a Bullying Claim Bullying in school is a nationwide problem that has gained much media attention in recent years. While the words “bully” and “bullying” get thrown around a lot, not every instance of teasing or conflict between peers is bullying. Likewise, not every instance of bullying is actionable in court. → Read More
Can a school official search a student’s locker? While the U.S. Constitution upholds the right to be safe from unreasonable searches and seizures, the standard for school searches is less rigid. The search is lawful if the school has a “reasonable suspicion” that a school rule has been violated. This means the search must be justified when made and reasonably related to the circumstances being investigated. → Read More
Is homeschooling legal? As long as certain homeschooing requirements are met, homeschooling a child is a legal. Homeschooling is a useful option for both parents and children. In situations where the traditional school environment or program is not reasonable, homeschooling is a way for the child to receive the education required by law, and successfully complete the equivalent of a high school education. → Read More
What legal rights do teachers and school authorities have to regulate student conduct? In general, a schoolteacher, to a limited extent, stands temporarily in a parental capacity (in loco parentis in legal terms) to pupils under his or her responsibility. A schoolteacher may need to exercise reasonable powers of control, restraint, and correction so that the teacher may properly do his or her duties and accomplish the purpose of educating the students. → Read More
Does a suspended or expelled student have any rights? Does a suspended or expelled student have any rights? → Read More
What laws protect physically disabled children from harassment at school? There are several laws in place that are designed to protect a disabled child from harassment while he or she is at school. These protections include The Rehabilitation Act of 1973, which defines a disability as any physical or mental condition that seriously limits a major life activity. This definition applies to children who have any kind of disability, non-disabled children who are treated as if they have a disability, and children who were labeled as having a disability in the past, even if they didn’t. → Read More
Individuals with Disabilities Education Act (IDEA) The Individuals with Disabilities Education Act (IDEA) is a federal law. It was created in 1990 when the Education for All Handicapped Children Act was modified and renamed the Individuals with Disabilities Education Act. The U.S. Department of Education is generally responsible for the enforcement of both of these acts, and is charged with the task of ensuring that the school systems in every state are held to the standards set by the laws. However, while IDEA provides general regulations and sets the framework for the rights of handicapped students, the government of each individual state and each individual school board and school district are ultimately responsible for compliance and enforcement. → Read More
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