Education Rights

Overview of Education Rights Work

What the Supreme Court in Brown v. Board of Education, 347 U.S. 483, 493 (1954) stated almost seventy years ago is certainly no less true at this time. “Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.” espite

Despite this language and the fact that in 1975 Congress enacted the Individuals with Disabilities Education Act (IDEA), landmark federal legislation which, on its face, ensures that students with disabilities have access to a free and appropriate public education (FAPE), children with disabilities, children of color, and other students historically discriminated against too often get short shrift in the provision of education services. Ron has spent much of his legal career fighting against the short comings of our education system and in assisting parents and children obtain the services to which they are entitled.

The education issues that Ron can work with you to address include, but are not limited to the following:

Assessing whether school districts are meeting the legal requirements of FAPE , including

>Assisting with the development, and ensuring implementation, of Section 504 plans

>Filing complaints with state enforcement agencies

> Drafting letters and legal documents

> Advising parents and students on their legal rights

> Representing parents and students during due process hearings and court appeals

>Assisting with transition planning from special education services to post-secondary

education or employment

Representing students facing disciplinary action at school, such as suspension or expulsion. Studies show that suspension or expulsion can have a significant impact on a student's education, future opportunities, and mental health. Therefore, it is crucial for students and their families to seek legal representation from education attorneys who specialize in disciplinary actions. Ron understands the complex laws and regulations governing disciplinary actions and can provide guidance on the procedures and navigate the legal system if necessary.

Providing advice and assistance to students encountering sex discrimination in education. Title IX is a federal law that prohibits sex discrimination in educational institutions that receive federal funding. This law requires schools to prevent and respond to sexual harassment and assault, which includes conducting investigations and disciplining those found responsible. Ron can provide legal guidance and representation for students in Title IX matters, including investigations, hearings, and appeals.

Providing advice and assistance to students encountering disability discrimination in education. The Americans with Disabilities Act (ADA) and Section 504 are federal laws that guarantee that students with disabilities receive equal access to education. They provide protections and accommodations for students with disabilities in public schools, ensuring they have the same opportunities as their non-disabled peers. Ron is dedicated to representing students and their families in securing their rights under the ADA and Section 504. He has a deep understanding of the law and the education system and uses this knowledge to advocate for students to ensure that they receive the support and resources they need to succeed in school.

Representing and advocating for students being subjected to bullying. Student bullying is a serious problem in educational institutions, affecting not only the physical and emotional well-being of students, but also their academic performance and overall school experience. Bullying can take many forms, including physical violence, verbal abuse, and cyberbullying, and can have serious and long-lasting effects on the mental health and development of the students who experience it.

Representing families in disputes over educational decisions or policies.

Representative Cases

Click here to review court decisions, settlement agreements, and articles regarding the cases below.

Timothy W. v. Rochester School District-landmark special education case where the United States First Circuit Court of Appeals held that federal law, now known as the IDEA, provides for a zero-reject policy and that children with disabilities are in fact given the highest priority and protection under the law. The court also held that for children with severe disabilities, related services, such as OT, PT, socialization, eating, dressing and daily living skills are a necessary part of the child’s education program.

Obtained a settlement agreement on behalf of a student in New Orleans, who due to a mobility impairment and recent surgery, was not able to climb stairs but whose classes were on the second floor of a building that lacked an elevator. In the settlement agreement, the school district agreed to have the student receive her education in first floor classrooms with other students and later assisted the student in transferring to another, more accessible, school.

Ashland School District v. New Hampshire Division for Children Families and Youth (DCYF)-Appellate court decision reversing a lower court finding that a school district was absolved of financial responsibility for the child’s juvenile court placement. The appellate court held that the lower court had improperly defined "special education" and that the decision was contrary to the rights afforded to all students with disabilities under federal law to a free appropriate public education.

Belanger v. Nashua School District- obtained a federal court decision finding that when a school district refuses provide a parent with copies of certain education records, she may proceed under § 1983 to enforce her right to access to education records under the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C.A. § 1232g, that the records in question were educational records, that she was not required to exhaust administrative remedies, and that she was entitled to reasonable attorney fees.

In Cocores v. Portsmouth School District- obtained federal court decision holding that a state administrative hearing officer had erred in her conclusion that she did not have the authority to award of compensatory education to the over-twenty-one plaintiff, who had been unlawfully denied education services for many years. In reaching this decision, the court held that “[g]iven the importance the IDEA places on protections afforded by the administrative process, this court finds and rules that the hearing officer's ability to award relief must be coextensive with that of the court.”

James O. v. Marston a/k/a Edward B. v. Brunelle-class action settlement involving the right to a free appropriate public education for students placed by juvenile courts. On August 17, 1991, over five years after the case was initially filed, the federal court approved a consent decree. The decree guaranteed, by establishing extensive procedures, that any student with a disability in New Hampshire who is placed in a residential program or facility because of a juvenile court proceeding will receive a free appropriate public education upon placement.

Edward B. v. Paul involved the right to free transcript of administrative hearings in cases brought under the federal special education law, 20 U.S.C. § 1415(e) (2). While the First Circuit Court of Appeals found that the federal education law, at that time, did not provide for free transcripts, the court noted that “a district court has discretion in a non-frivolous civil action brought under to order the transcription of the state administrative record at federal expense where the litigant is indigent and his case substantial.” See 28 U.S.C. § 753(f) (1982).

Manchester School District v. Kimberli M. by Crisman was an appeal by a school district of a court decision that it had a continuing duty to pay for the special education expenses of Kimberli M, a child with a disability whose parents resided out of state. The court affirmed the district court’s decision that Manchester was the district of liability and financially responsible for the costs of Kimberli's special education.

A Civil Rights Law firm

Education Rights

Overview of Education Rights Work

Representative Cases

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