Common Questions About Education Law And Expulsion

Leigh Law Group is a leading and trusted education law firm in the San Francisco Bay Area and the Los Angeles area. We can address your specific concerns and personalize our approach to best fit your child's needs and interests. If you have specific questions, you can call 800-768-2168 today to arrange a free consultation with one of our skilled lawyers.

Throughout years of guiding students and their families in a variety of cases, we have gathered some of the most common questions we receive, including:

Can I file a lawsuit against a college or university?

Yes. In the past, higher education institutions had a lot of protections to allow them to resolve or settle issues quickly, quietly and usually in their favor.

Students can now file lawsuits against these schools for many reasons, including:

  • False advertising
  • Breach of contract
  • Discrimination

To file a lawsuit, you will need to hire an attorney who can:

  • Assist you in exhausting any administrative proceedings
  • Develop a case strategy involving evidence to prove the college or university's wrongdoing

How do I file a special education complaint with CDE or with the Office Of Administrative Hearings?

If you believe your child's school violated one of California's special education laws, including wrongful expulsion, you can file a complaint.

Special education complaints can be filed with the Office of Administrative Hearings. There is a two-year statute of limitations and many other related timelines. The hearing is called a due process hearing and it is a trial-like proceeding. The attorneys at Leigh Law Group have many years of experience in special education hearings. We prepare the case from start to finish for a win.

The process involves many timelines and the right to a resolution session and mediation as well as the right to present your case to demand educational remedies for your child. Our work has resulted in meaningful changes across the state for children with disabilities. For example, we have represented families with children on the autism spectrum and behavior challenges; with breaches of settlement agreements; and with disputes about failure to teach exceptional children, failure to implement IEPs, and failure to teach children with attention deficit hyperactivity disorder (ADHD) and dyslexia. If a due process order must be appealed, we have extensive experience in state and federal appeals of special education decisions.

You can also file a complaint within one year of the initial incident for the California Department of Education (CDE) to accept it and investigate your claims. Leigh Law Group has filed many claims for clients.

Is it possible to challenge an expulsion?

Parents can indeed challenge their child's expulsion. When you receive notice of the expulsion, you should also receive notification of your right to request a hearing and an investigation.

Expulsion hearings are before a panel of administrators or a judge and have many deadlines. They are like any other legal hearing, in that you can:

  • Challenge the expulsion
  • Retain or question witnesses
  • Present detailed evidence

Also, like other legal hearings, you and your child have the right to an attorney. Leigh Law Group has the necessary experience to represent you in expulsion hearings, as well as appeals.

What can I do if my child is being bullied?

Bullying has always been a significant issue with young people. With the increasing influence of technology and social media, however, cyberbullying has added a layer.

If your child is being bullied, you are advised to:

  • Collect details of the situation
  • Discuss the matter with teachers and other school officials
  • Create a plan to stop the bullying
  • Seek medical assistance immediately if your child has been injured

If the bullying continues, you may have grounds to press charges. You may also be able to press charges if the bullying centers on a characteristic protected by law. Protected characteristics include:

  • Age
  • Disability
  • Race
  • Sex
  • Gender
  • Sexual orientation
  • Religion

Bullying someone based on these characteristics is violation of civil rights. Leigh Law Group's attorneys have extensive experience in both education and civil rights laws, and we can support you in bullying cases.

How can an education law attorney help me?

The education attorneys at Leigh Law Group can help you:

  • Protect you and your child's civil rights
  • Stand up against discrimination
  • Challenge unjust actions
  • Modify unfair regulations

Going up against large institutions is not easy. With our experience on your side, however, there is nothing to worry about. We are committed to protecting your rights in any education case.

Do I need an attorney to help me with a settlement provided to me by the school district?

Absolutely. Settlement agreements are legal documents that outline your rights and the school's rights. There are also waivers of your claims involved and an offer of settlement should never be taken lightly.

When should I hire an attorney vs. an advocate?

Advocates are individuals who attend a meeting to help with understanding your child's basic needs and to make sure that the team is child-focused. An attorney does the same thing, but also has extensive training in laws affecting the process. Often, advocates are brought in when a dispute between a parent and school can be quickly and easily resolved through a good team discussion or when a parent is new to the situation. Most of the time, where there is a more serious dispute or a parent wants to ensure that all legal aspects are covered, an attorney can be a collaborator on the team.

What makes Leigh Law Group different?

We care about your case and have the extensive experience, organization, grit and knowledge of the laws to guide you every step of the way. Some of our clients have retained our firm for years because of the peace of mind and integrity we bring to their case and the process.

Contact Us For Answers

Our attorneys can answer all your questions. Contact us online or call 800-768-2168 to set up a free consultation at our San Francisco offices.

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