Education Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Education Law.
October 20, 2008 By HG.org
Due to the tragic consequences of bullying, a multitude of laws, programs and policies have been enacted to curtail this aggressive and damaging behavior. Even seemingly minor actions such as name calling can have lasting effects upon the psyche of those that must tolerate such ridicule from others.
The Individuals with Disabilities Education Act ("IDEA") (originally the Education for All Handicapped Children Act of 1975, Public Law 94-142) was created in response to the fact that the educational needs of children with disabilities weren't being adequately met.
In the United States, every child is entitled to a free public education. Additionally, having a disability triggers additional protections under law for primary and secondary students. Likewise, once a post-secondary student identifies as having a disability, he or she is entitled to additional rights.
What has been perceived as a rash of inappropriate teacher-student relationships has led to some interesting new legal territory. Concerned about interaction between teachers and students, a number of jurisdictions have passed laws variously prohibiting social media contact to physical contact (such as hugging or spanking). So, how much contact should children and teachers have with one another?
Whenever jobs become scarce, one of the first industries to see a boost is higher education. In order to compete, many job seekers return to college (or go for the first time) to get a degree in a particular career field in order to better be able to compete for jobs. Unfortunately, there are a few unscrupulous institutions that take advantage of those in this position, selling replica degrees from actual universities or offering degree programs despite lacking any accreditation.
Millions of Americans experienced bullying at some point as a child. I personally experienced bullying between 5th and 8th grade when I went through a phase where I stopped growing up as much as out for a few years. Psychologically, I saw myself as a short, fat kid for years after, well into college when I was actually 6'3” tall and well built. The effects of bullying can be damaging and long lasting.
Every year, millions of students are convinced to take on student loans with promises of huge salaries upon graduation, but often the reality is a bit different and these same students are left with an enormous debt and little or no means of repayment. Indeed, these debts can last for decades.
One of the most difficult situations for parents with special needs children can be ensuring that those children get the education to which they are entitled. Some children experience difficulties in school, ranging from problems with concentration, learning, language, and perception to problems with behavior and/or making and keeping friends. Others have more serious problems, including physical or psychiatric disorders, emotional problems, or learning disorders.
The disclosure of student records can be important an issue in litigation, including cases involving students and educational matters, child custody and support cases and other areas of civil litigation.
By Kassouni Law
California education employment codes found unconstitutional. Tenure struck down.
Right to education has now become a fundamental right under Article 21A of the Constitution of India, although, the United Nations (UN) Conventions and Principles recognized this right many years ago. Universal Declaration of Human Rights (UDHR), which was adopted in 1948 also recognizes the Right to Education under its own Article 26.
People with a one drug possession conviction lose Student Financial Aid eligibility for one year from conviction date. People with two drug possession convictions or one drug sales/delivery conviction lose eligibility for two years. Those with three drug possession convictions or two drug sales convictions are ineligible indefinitely.
In California, the responsibility of school employees to report suspicion of child abuse is not only a component of a person’s moral compass, it’s the law. Communities rely on places like institutions of education to provide an element of safety for children, and teachers and administrators are assumed to uphold that expectation.
Most often, when a teacher is charged with a criminal offense, their job is in jeopardy. A tenured teacher facing disciplinary and possible dismissal from employment must endure a 3020a hearing. Robert J. Thompson, 38, a Schuylerville school teacher resigned from his job and will serve a prison sentence of 1 to 3 years after pleading guilty to vehicular assault and driving while intoxicated.
Illinois passed the Illinois False Claims Act (IFCA), previously called the “Illinois Whistleblower Reward and Protection Act,” in 1991. The IFCA models the Federal False Claims Act (FCA), but is different is some aspects. 1]—Liability and Damages Provisions - Generally, an individual will be liable under the IFCA for the same violations as the federal FCA.
By Kurker Law
On May 12, 2011, the Massachusetts Supreme Judicial Court (“SJC”) upheld a trial court ruling that an employer who filed a baseless lawsuit against a former employee, two years after that employee had filed a discrimination charge against the employer with the MCAD, violated the anti-retaliation provisions of Massachusetts General Law chapter 151B, §§4(4) and (4A).
By Kurker Law
On June 16, 2011, the Massachusetts Supreme Judicial Court (“SJC”) considered whether the plaintiff, a former employee of Verizon, was entitled to unemployment benefits even though she accepted an incentive-based voluntary termination package. Affirming a decision by the district court, the SJC ruled that the former employee, Kristen Connolly, was not entitled to unemployment benefits because she could not show that her decision to leave her job was involuntary.
Does improper employee training warrant a call to a Las Vegas workers’ compensation lawyer? In some cases employers try to say that the employee should have known better and that training has nothing to do with why she or he was injured. However in numerous cases, injury could have been prevented if the proper training was furnished.
Prevailing wage laws(1) require that contractors and subcontractors who obtain certain government construction and service contracts pay their employees a local minimum amount, commonly referred to as the “prevailing wage.” By: Joel M. Androphyi and Rachel L. Grier
The False Claims Act (“FCA”) is particularly important in the area of defense contracts. In fact, the FCA was enacted due to the sever abuses which occurred at the hands of many defense contractors and corrupt officials who fraudulently procured payment for the necessities of war, such as ships, food, supplies, and weapons, to the detriment of the United States military.(1) By: Joel M. Androphyi and Rachel L. Grier
President Obama has announced a plan that seeks to lessen the burden of paying back student loans. The plan calls for lowering the maximum required payment on student loans from 15 percent of discretionary income annually to 10 percent for eligible borrowers. This plan goes into effect in 2012 and any remaining debt would be forgiven after 20 years.
For some time now, lawmakers have insisted that immigration reform, if it is to happen, must be comprehensive, dealing with all of the problems with our broken system at once. A piecemeal approach, they say, is not acceptable. Suggestions that certain pressing issues be dealt with separately have been flatly rejected.
Distance learning has become an increasingly popular means of teaching educational topics to students on-line in undergraduate, graduate and professional development venues. Such distance learning classes strive to match the face-to-face classroom learning experience, which often incorporate display of copyrighted materials,1 in particular digital formatted works, such as photographs, sound recordings and movies to supplement and fortify the learning experience.
Several students have sued Argosy University, which is an education system of Education Management Corporation (Nasdaq: EDMC) in Dallas County District Court, alleging that the college lied to them in order to get them to enroll in the college. Argosy University is a for-profit college.
The author examines the recent homeschooling court victory for parents in California. While he concludes that parents of homeschooled children can rest easy for now, he also warns there may be further court rulings and regulations to come in the future.