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Top 4 Frequently Asked Questions from an Education Law Attorney

On Behalf of | Mar 31, 2016

Top 4 Frequently asked Education/School Law questions

As an Education Law Attorney, I have heard several of the same types of issues come up with K-12 schools, colleges, and private schools. Below you will find my top four frequently asked questions and answers. If you are faced with a similar situation, call Asselta Law today. We offer free consultations, flat-fee rates and payment plans.

1. If a college or graduate school files academic or disciplinary charges against a student, does that student need an attorney?

A student is not required to have an attorney if academic or disciplinary charges have been filed against them. However, having an attorney is recommended. The reason being is that because many times these policies are not clearly written, and the administrators themselves don’t understand the policy. Having an attorney can help guide you through the process, protect your rights, and make sure that the procedures are followed correctly.

2. If my child has special needs or is in special education, what rights do I have with the school district?

Your child has a right to a free and appropriate public education. They also have the right to be educated in the least restrictive environment. That means if your child has special needs, he or she has the right to be educated with students who do not have a disability.

3. Am I entitled to due process in a private school?

Generally, you are not entitled todue process in a private school.The reason being is because private schools do not have to follow the Constitution. That being said, most private schools have a handbook that contains policies and procedures which they’re required to follow. If those policies and procedures have not been followed in regards to you or your child, then you may have an action.

4. Can my child’s conversations at home on the phone or computer with friends lead to discipline at school?

Whether or not your child’s conversations at home, whether on a telephone or a computer, can lead to disciplinary action at school, really depends on the facts. For example, if a child is having a conversation about bullying or harming another student, or creating some sort of disruption in the school, the school has a good argument for the discipline. If something like that occurs, you should consult with an education attorney, tell him or her the facts, and let them advise you as to how to proceed. These are just a few of the frequently asked questions I am asked as a School Law Attorney. Richard Asselta of Asselta Lawrepresents students in all school settings and teachers in K-12, public schools, private schools and colleges. Call today for a free consultation regarding your Education Law case. 855-EDU-LAWYER.