24
Nov
SCHOOL DISTRICT AND UNIVERSITY ADMINISTRATORS’ DUE PROCESS IN INVESTIGATIONS AND TERMINATION PROCEEDINGS
SCHOOL DISTRICT AND UNIVERSITY ADMINISTRATORS’ DUE PROCESS IN INVESTIGATIONS AND TERMINATION PROCEEDINGS As a general principle, public school district administrators have at least a modest level of due process rights under state law as well as federal law, supported...
28
Jul
STUDENT FREE SPEECH
The U.S. Constitution’s First Amendment states: “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably...
23
Jul
New Title IX Sexual Misconduct Appeals Regulations
New regulations for Title IX sexual misconduct appeals were issued by U.S. Secretary of Education Betsy DeVos on May 5, 2020, which become effective August 14, 2020. The department issued its summary of “key provisions” in a press release on...
22
Aug
Student Equal Protection Rights
A student at a public college or university likely enjoys student equal protection rights, under the Fourteenth Amendment to the U.S. Constitution, in the context of the student’s treatment by the school in comparison with the school’s treatment of the...
23
May
STUDENT RIGHTS LAWYER – K-12 PUBLIC SCHOOL DISCIPLINE UPDATE
Schools in the “Old Days” conjured images of “reading, writing, arithmetic” and receiving School Discipline in the form of writing 100 times on the blackboard: “ I will not throw Spitballs.” Today’s default discipline recommendations are much harsher and much...
31
Dec
MANIFESTATION DETERMINATION HEARINGS: LIMITS ON DISCIPLINE FOR K-12 STUDENTS WITH DISABILITIES
Federal and congruent state law protects students in K-12 Students with Disabilities in public schools and other schools receiving federal funds from being suspended for more than 10 days without a hearing to determine if the child’s “conduct in question...
4
May
Academic Appeal: The Internet and Student’s Freedom of Speech
An academic appeal is a procedure which allows a student, in certain circumstances, to ask for a review of a decision relating to your academic progress or award. We are seeing an increase in academic appeals in the area of...
25
Apr
Student Rights Lawyer: Not All Rights Are Equal
It is the job of a student rights lawyer to defend the rights of students when those rights have been ignored. The assumption that the United States Constitution applies equally to everyone including students has been a point of contention...