What Do Education and Schools Have to Do with Administrative Law?
All public schools are funded and overseen by the Department of Education, a government agency. Administrative law regulates government agencies. So when a public school has violated your rights or the rights of your child, it is generally an administrative law matter.
Suing the Public School System
Sometimes, a school may violate a right you or your child is guaranteed by law. When this happens, you should file a complaint with your school district. Each school district has a different way of processing complaints.
If you are still dissatisfied with your school after your complaint has been fully processed, you can sue your school and school district.
What Kind of Violations Can I Sue My School for?
There are three common types of lawsuits that arise from a school violating your rights or the rights of your child: - Disabilities and Special Education
- The law provides a specific set of rights for students with disabilities. For example, you have to right to have your child tested to determine whether or not your child needs special education or other accommodations.
- The rights of disabled students are different for each school district. If you feel that those rights have been violated, you can sue the district for damages or to enforce your child's rights.
- Sexual Harassment / Bullying
- In many states, the law protects students from sexual harassment or bullying by other students and teachers. The following are common examples of sexual harassment and bullying:
- Aggressive, harassing remarks made against a student on a regular basis
- Threat of or actual physical abuse that prevents a student from using some part of the school
- Repeated threats or abusive contact
- If you feel that your school has not tried hard enough to stop abusive conduct, then you may be able to sue your school for damages or enforcement of your child's rights.
- Student Discipline
- When a student has engaged in some conduct that has been identified by the school board or the government as inappropriate, the student may face some kind of discipline.
- There are two common types of student discipline:
- Suspension - Suspension means that a student is forbidden from attending school for a certain number of days. Suspensions are usually noted on a student's record.
- Expulsion - Expulsion means that a student is forbidden from ever attending that school again. Expulsions are almost always noted on a student's record.
- If you feel that you or your child has been unjustly disciplined, you may be able to sue the school and school district for damages or reversal of the disciplinary action.
Do I Need an Attorney Experienced in Education and Schools?
The law regarding education and schools can often be complex and frustrating. An attorney can help you understand your school district's law, and properly evaluate your legal options. If you need to sue your school or proceed through some type of administrative hearing, an attorney would have experience dealing with school districts and help you get the results you desire. Vea esta página en español: Educación y Escuelas o visita Abogados-Leyes.com para más información legal. |
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