Whether you choose to send your child to a private or public school, your expectations remain the same: quality education in a safe and judgement-free environment. Unfortunately, though, that is not always the case, as emotions, personal feelings, and other elements (even though important in their own right) can get in the way of the primary mission of educators.
Public schools are run by agencies of the state (in New Jersey, school boards), and so they are subject to state requirements and guidelines, as well as special limitations imposed by the state and federal law. By federal law, students with disabilities are entitled to a “free and appropriate public education.” And New Jersey law requires the provision of a “thorough and efficient” education to all New Jersey students. However, you may not agree with a school district’s proposals or decisions. For example, your child may be disciplined for an infraction that they did not commit, or they may be labeled as a bully with little to no evidence. The school may refuse to provide your child with special education services that you think are necessary. Or your school district may deny you access to public records or student records associated with your child’s education. And even private schools are subject to the terms of their own contracts, as well as federal and state discrimination laws.
When you are confronted by a school board or a school administrator will not take your calls, it’s time to bring in an experienced education lawyer who will assert your legal rights, and ensure your right to participate in the planning and provision of education services, despite any circumstances and obstacles.
Education law falls under both federal and state levels that pertain to all aspects of education. The U.S. Department of Education sets standards for education, and individual states maintain those standards (or can exceed them), but they cannot contradict federal standards. Federal and state laws set standards in several areas, including:
These all have a significant impact on educational institutions, as they can have a say in how schools create testing protocols, academic standards, financial matters, safety procedures, and personal liberties.
An education lawyer can represent families, non-profit organizations, the government, or private-public interest firms, tackling various issues, including the following:
When you send your child to school, you have a certain level of expectations, including the quality of education they will receive and how they will be treated. When school officials fail in their mission, an education lawyer can ensure that they carry out their duties.
You might feel confused when you are having problems with your child’s school. You want what is best for your child, and most teachers and other school staff do their best to provide a good education. You may not know when the line is crossed and when you need to hire the services of an education lawyer. You may need an education lawyer in the following circumstances:
You should not hesitate to reach out to a lawyer when you have problems with the local school system.
Students are entitled to certain protections under the law, and parents expect school officials to honor those rights. When you or your child’s rights are violated, an education lawyer can help.
The First Amendment of the U.S. Constitution guarantees that every citizen has the freedom of expression. That prohibits the government, and officials who represent the government, from curtailing any form of free speech. Public schools are funded by the government, which means that public school students retain their right to freedom of speech.
Your child still maintains rights when they enter a school building, although, certain rights are curtailed. A child has freedom of speech. But if they speak or write on behalf of the school, the school may have the right to approve what is said beforehand. This limitation goes for writing for the school paper, a speech at graduation, or morning announcements over the loudspeaker.
Public school students have the right to express themselves. They can express dissatisfaction with the school and even petition school officials about issues. They can also form groups as well. Private schools do not represent the government, meaning those students are not directly protected by the First Amendment, but they are subject to a second layer of rules and regulations.
First Amendment protection is not absolute in schools. School officials have the right to prohibit speech that disrupts the school environment or infringes on another person’s rights. For example, hate speech would not be protected under the First Amendment. And social media speech is a special issue, and has been the center of attention in recent case law in the US Supreme Court.
When it comes to more serious disciplinary charges, such as those that may result in suspension or worse, the student has a right to due process, and parents have a right to appeal any decision that is rendered, even in a private school. Once school officials make their decision, parents can appeal to the following:
It can be frustrating and upsetting to learn that your child is not getting the education they deserve. Our New Jersey education lawyers at John Rue & Associates, LLC will help you rectify the situation. Call us at 862-283-3155 today for a consultation. We serve clients throughout the state, having litigated against school boards in 15 of the 21 counties in New Jersey. Our offices are located in Phillipsburg, Montclair, Ridgewood, Haddonfield, and Princeton, New Jersey. We provide parents who may need an education lawyer with a initial consultation for $100 (30 minutes by phone), and a more detailed consultation (90 minutes to 3 hours by Zoom) for a flat fee of $795.
John D. Rue is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship
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