if problem with school who will i have to call for attorney or who else?

by Eleanora Considine II 9 min read

Can an education lawyer represent me in a lawsuit against a school?

Dec 04, 2018 · If the school has violated your admissions agreement, you may have a claim for breach of contract and will need a contracts lawyer. The first step may be to speak to an education attorney and find out if she can help, or she can direct you to the appropriate type of attorney for the situation. Union Representation for Staff

Do I need a lawyer for my child’s School?

Jun 26, 2017 · Most states allow you to contact an attorney before you decide whether to take any tests (blood or breathalyzer) at the police station. If you don’t call an attorney at that point, reach out to one after you are released because you will want to hire someone to represent you. 3. Your child is being expelled from school.

What kind of lawyer do I need for school discipline?

Feb 06, 2019 · If your child has been the victim of harassment or assault by other students at school or during school-sponsored activities, consider consulting a lawyer.

When should you hire an education lawyer?

Apr 29, 2020 · Here's how to find legal help if you can't afford a lawyer: Contact the city courthouse. Seek free lawyer consultations. Look to legal aid societies. Visit a law school. Contact your county or...

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How to fight expulsion of a student?

Usually there is a process that school districts must follow, which can include a hearing where the student being expelled has a chance to present a defense if he or she wants to fight the expulsion. You may want to consult with an attorney before you and your child attend the hearing to help you create the strongest defense. If your student has been expelled already, you may want to talk with an attorney about your options and how this may affect your child’s records.

What to do if contractor is behind schedule?

If you continue to have issues and, even after many communication attempts, the problems persist, you should call an attorney. He or she can talk you through your options if the contractor is behind schedule, unwilling to repair poorly done work or other issues. To avoid problems in the future, you may want to consider calling an attorney to look over any contracts for work before signing them.

What to say when something goes wrong in your life?

When something goes wrong in your life — with your home, with your kids, with your car — your first thought might not be, “I need to call an attorney.” The problem might seem too small or you might think it seems too early to make it a legal issue. But many times in these situations you could benefit from consulting with an attorney. An attorney might put you at ease about a concern or help save you stress, time and money in the long run. Consider these six scenarios where calling an attorney could be helpful.

What is a DWI arrest?

You have been arrested for driving under the influence (DUI)/driving while intoxicated (DWI). Most states allow you to contact an attorney before you decide whether to take any tests (blood or breathalyzer) at the police station.

Can a car dealer take a car back and issue a full refund?

Depending on what the issues are and if there have been any attempts on the dealer’s part to fix the problems, your car may fall under the “Lemon law” of your state that requires the dealer to take the car back and issue a full refund. Talking to a local attorney can give you an idea of whether your situation would fall under this or other laws.

Can you get your license suspended if you have a lead foot?

Whether you have a lead foot and were caught going way too fast or were in an accident or ticketed for reckless driving, you can automatically have your license suspended for certain traffic violations, depending on your state’s laws.

What to do if your child is being harassed?

An attorney with experience in education law should be able to give you practical advice about reporting the problem to school officials and filing a formal claim with the school district or an agency like the OCR.

What are the requirements for a Title IX lawsuit?

The U.S. Supreme Court has set a high bar for successful Title IX lawsuits based on sexual harassment by peers. The victim must show that: 1 school officials knew about the harassment but did so little about it that their response amounted to “deliberate indifference,” and 2 the harassment was so bad that it effectively deprived the victim of equal access to educational activities or programs.

What is sexual harassment?

Sexual harassment is a form of illegal sex-based discrimination. It includes comments or behavior of a sexual nature, unwanted sexual advances, or sexual assault or coercion. The U.S. Supreme Court has set a high bar for successful Title IX lawsuits based on sexual harassment by peers. The victim must show that:

Can you sue a school district for sexual harassment?

If your child is a victim of sexual harassment or assault by schoolmates, you might be able to sue the school district based on a federal law known as Title IX. That law says any educational program that receives federal funds—all public schools and most private schools—may not discriminate “on the basis of sex.”

Is bullying a form of discrimination?

Department of Education’s Office for Civil Rights (OCR), bullying or harassment can be a form of discrimination if it interferes with a student’s ability to participate in any educational activities.

Can kids bully other kids?

It’s no news that kids bully and harass other kids at school—verb ally, physical ly, or on social media . And some students are particularly vulnerable to harassment, particularly children with disabilities and kids who don’t fit traditional gender norms. If your child has been a victim of harassment at school or even assault, the first thing you’ll want to do is figure out how to put a stop to the behavior.

What happens if you can't afford a lawyer?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here's how to find legal help if you can't afford a lawyer:

What time does the Akron Bar Association answer legal questions?

The Akron Bar Association, in Akron, Ohio, is an example of what's out there. You can call the second and fourth Fridays of each month from 9 to 11 a.m., as part of their Ask an Attorney Service, and they'll answer legal questions for free.

What happens if you lose a case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you. However, it's important to tread carefully before picking a lawyer. Choose a reputable attorney and make sure the rate is agreed upon before the lawyer takes your case.

Who is Geoff Williams?

Geoff Williams, Contributor. Geoff Williams has been a contributor to U.S. News and World Report since 2013, writing about ... Read more. Tags: personal finance, money, personal budgets, lawsuits.

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

Who is Andrea Vacca?

Andrea Vacca is a collaborative divorce attorney in New Yor k City and the owner of Vacca Family Law Group. She says – at least with divorces – that "some courts offer free assistance to parties who want to fill out their own uncontested divorce paperwork."

What happens when you are expelled from school?

When students have been expelled, the school may assign them to attend alternative education programs designed to address kids with behavior problems. Some states require schools to refer expelled students to these programs. Several courts have ruled that schools didn’t deny students’ right to public education by expelling them if they were allowed to attend alternative education programs. (For example, see Swindle v. Livingston Parish School Bd., 655 F.3d 386 (5th Cir. 2011).) However, some courts have held that schools didn’t violate students’ constitutional equal protection rights by expelling them without providing alternate educational benefits, because the students were allowed to return to school after their expulsion. (See In re R.M., 102 p.3D 868 (Sup. Ct. Wyo. 2004).)

How long can you be suspended from school?

Some states limit suspensions to 10 days, while other states allow them for longer periods. When students are expelled, they’re completely barred from the school—generally until the end of the semester, the end of the school year, or longer.

What is the IDEA law?

A federal law known as the Individuals with Disabilities Education Act (IDEA) includes special protections for students with disabilities who are facing expulsion. IDEA gives these students the right to free, appropriate public education.

How long can a student be expelled for a gun?

One of those, the Gun-Free Schools Act, says that any student found with a gun at a public school must be expelled for at least a full year. In the wake of this law, many states created “ zero tolerance ” policies that called for mandatory suspensions or expulsions for other wrongdoing like bringing drugs to school.

What are some examples of misconduct?

Some other examples of misconduct that that can get you expelled in at least some states: 1 possessing or giving someone else any kind of weapon (including a toy gun) or dangerous object 2 giving other students over-the-counter medications like caffeine pills (for example, see Wagner-Garay v. Fort Wayne Community Schools, 255 F.Supp.2d 915 (N.D. Ind. 2003)) 3 hurting or threatening to hurt another student or a teacher 4 making terroristic threats, like writing a note that says there’s a bomb in the school (see Arthur A. v. Stroudsburg Area School Dist., 141 F.Supp.2d 502 (M.D. Penn. 2001)) 5 brushing your hand against a teacher’s buttocks (see Brown v. Plainfield Community Consol. Dist. 202, 522 F.Supp.2d 1068 (N.D. Ill 2007)) 6 hacking the school’s computer system (see M.T. v. Central York School Dist., 937 A.2d 538 (Pa. 2007)) 7 harassing or bullying other students (including sexual harassment and cyberbullying), or 8 continually defying teachers or other school officials.

Seven warning signs of a poor principal

If you notice any of the following signs, you may want to contact your superintendent:

When a parent should contact the principal

When you have a concern about your child’s academic achievement or discipline within the classroom, you should first contact your child’s teacher. If you are not satisfied with the teacher’s response, you should contact the principal. It is always better to try to work out problems with the teacher first.

When a parent should contact the superintendent

If the principal does not return your phone calls or if you are dissatisfied with the response of the principal, then you should contact the superintendent. If you have concerns about the principal’s leadership abilities and you can clearly document those concerns, you should contact the superintendent.

What is required in an affidavit?

In most jurisdictions, an affidavit must contain the affiant’s name, physical address and the affiant’s signature. The contents need to be voluntary and limited to what the affiant knows to be true because of direct observation or experience. Before signing an affidavit, be certain of the basis of your knowledge.

What is an affidavit?

You might have signed one to register to vote or obtain some government benefit. An affidavit can also be used as evidence in a lawsuit. An affidavit is a written document.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Steven J. Fromm

This is unacceptable. You need to express your concerns in writing and demand a response from him. If he does not respond to you after that then you can write again to him stating that if you do not hear from him you are going to go the disciplinary board of attorneys in the state where you reside.

Michael Edward Atwater

Ask his secretary if you can send him an email with your questions and concerns and allow him a day or two to respond. A lawyer is required to communicate with his clients about any significant occurrences in their case.

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