Students

We have extensive experience representing school districts in all areas of student matters including, among many others, those areas described below. We understand the value of maintaining harmonious relationships with parents and assist school districts in doing so to the extent appropriate. We also regularly conduct presentations and workshops on student-related matters.

Student Conduct and Discipline
We have experience assisting school districts in all aspects of student discipline, from initial intake and investigation through and including county office appeals and court challenges. We are available to assist you in the following areas and many others:
● Student suspensions and expulsions
● County office appeals
● Community day schools
● Bullying, cyberbullying, and related investigations
● Off-campus conduct, including use of social media, and discipline related to the same
● Investigating and evaluating discrimination claims, including issues related to gender identity
● Communication with staff regarding student conduct and discipline

Records
The retention and treatment of student records requires school districts to comply with several procedural and other requirements. We have extensive experience representing school districts in handling matters and disputes related to student records including, among other things:
● Family Education Rights and Privacy Act ("FERPA")
● Health Insurance Portability and Accountability Act ("HIPAA")
● Record challenges, including grade challenges
● Record retention and destruction
● Annual Notices
● Non-custodial parent access to records
● Access to records by third-party contractors

Residency and Attendance
Whether and where school districts must serve students can raise difficult legal questions, especially for those students whose parents have obtained custody orders. We are experienced in handling residency and attendance issues and prepared to assist you in the following areas:
● Compulsory Education requirement and School Attendance Review Board ("SARB")
● Interdistrict transfers and intradistrict transfers
● McKinney-Vento
● Custody disputes and implementing court orders related to the same
● Child abuse and mandated reporting

Serving Students with Special Needs
With the implementation of response to intervention ("RTI") and other measures, school districts have analyzed ways to meet student needs outside of the special education context. We have assisted many school districts through this process as well as all other legal requirements related to students with special needs who have not qualified for special education and related services including:
● Student Study Teams
● Response to intervention
● 504 team meetings
● 504 plans
● Health care plans
● Special Education

Constitutional Issues
Constitutional issues frequently arise in the school context and often lead to costly litigation that may include, among other things, claims against administrators in their personal capacities. In addition, constitutional issues often place administrators in the difficult position of selecting a course of action when most options could lead to constitutional problems, such as violating the prohibitions on establishing religion in schools and limiting the free exercise of religion. We are well versed in the constitutional requirements and prepared to assist you in the following areas and many others:
● Freedom of Speech
● Religion and religious activities in public schools
● Searches and Seizure
● Due process

Educational Materials and Activities
Years of litigation and legislation have created a myriad of legal requirements in matters related to educational materials and activities. We are prepared to assist you in navigating these requirements in the following areas and others:
● Student fees
● Williams compliance