If you encounter resistance from school authorities after bringing forward a legal concern about your child who is enrolled in the institution, you may want to consult an attorney. An experienced education lawyer can either advocate for you or advise you on the strength of your position and alert you to options for next steps. Further, you may feel the need to hire an attorney if the school district will have an attorney representing them.
Attorney Nellie L. King has significant experience with cases involving children, as she has handled juvenile cases and school cases alike for concerned parents, so you will be in good hands with her guidance. She takes every case personally and will work individually with you to develop a personalized approach to your case. Your child spends a significant amount of time every day in school, and their rights should not be compromised on school grounds; Attorney King will make sure to craft a compassionate and compelling case for your child’s safety and constitutional rights.
Federal state education law covers teachers, schools, school districts, school boards, and the students they teach. Although the public school system is administered by the federal Department of Education, individual states are responsible for maintaining and operating public schools in compliance with state and federal laws.
Education laws govern:
Note that Florida compulsory education laws require kids between the ages of 6 and 16 to attend school. Exceptions include those children with a certificate of exception granted by the district school superintendent. A Florida superintendent may pursue criminal prosecution on parents for non-enrollment of a child, and refusing to have a child attend school regularly is considered a second-degree misdemeanor.
Specific issues that often arise under the purview of education law in West Palm Beach, Fl include:
Title IX protects students from sex discrimination when they are participating in federally funded education programs and activities. Types of sex discrimination that Title IX prohibits are sexual harassment, pregnancy discrimination, and failure to give equal opportunities in athletics.
Many federal laws also prohibit education discrimination on the basis of protected characteristics, including race, age, and national origin. The law also provides comprehensive civil rights protection to qualified individuals who have disabilities, requiring state and local governments to make reasonable modifications to any policies or practices that deny equal access to disabled individuals, except if a fundamental alteration to the program would result.
The Individuals with Disabilities Education Act (IDEA) gives disabled children equal access to the education system. Disabilities under IDEA include mental retardation, autism, vision impairment, speech impairment, hearing impairment, emotional disturbance, traumatic brain injury, learning disabilities, and other impairments as defined by the law. IDEA allows students with special needs to have individualized education plans developed by their schools.
Parents and students alike have access to their school student records. Specifically, they have the right to:
After the student turns 18, however, or starts attending a post-secondary educational institution, that right transfers to the student only.
If a school fails to follow these student record privacy laws, a student or parent affected by the violation may file a lawsuit against the school and request an injunction from the court, requiring a party to a lawsuit to either perform a certain action or stop behaving in a particular way.
Whether you seek to pursue legal action against an educational institution because of their treatment of your child or certain rules in the school you take issue with, it will be in your best interest to hire an education attorney to build your case. An experienced attorney like Nellie L. King can help you navigate the nuances of state and federal education law to determine your best angle of litigation. She will work one-on-one with you to frame an efficient and effective case against the school that has infringed upon your and your child’s rights.