An emerging field of law that has become necessary within the United States is Education Law. Blackford & Flohr law firm based out of Baltimore, MD are experts in education law with over 10 years of experience. If you need help with your case, please call us at (410) 647-6677.
Below are some scenarios when it is advantageous to have a lawyer that specializes in Education Law on your speed dial.
The first case in which Education Law is relevant if if your child has come home with a letter stating that they have been suspended or expelled. If your child has received one of these letters, you need to first ascertain whether the suspension or expulsion was just in order to determine if your child’s rights are being violated. It is wise to retain counsel before you meet with the school administrator to ensure that you are being advised as to what the best course of action is in this scenario. This way, if the school has unjustly discriminated against your child, you will have a legal advocate at your side who will be able to guide you through the appeals process from start to finish.
Another case where it is vital that you seek legal counsel is if you have a child that has special needs. Under the Individuals with Disabilities Education Act (IDEA), special needs are now defined more broadly than ever before to include: brain injury, Attention Deficit Disorder (ADD), speech or language impediment, Attention Deficit Hyperactivity Disorder (ADHD), orthopedic impairments, emotional disturbance, mental retardation, autism, blindness, and hearing impairment. The state of Maryland recognizes these as some of the principal disabilities that are protected by the Individuals with Disabilities Education Act (IDEA).
Where the case of special needs becomes a serious legal issue is if your child’s public school is not giving them the quality of education that they are entitled to under state and federal law. Many schools try to isolate the special needs students, so that the teachers do not have to deal with them. This was historically done to discourage the parents of their child’s ability to successfully integrate into the school’s way of life because of their disability. This practice is a violation of your child’s rights, which is why having a legal advocate represent you when you are going against the school or school board is absolutely essential.
Pertaining to both of the cases outlined above, it is important to understand which aspect of the process that your prospective Education Lawyer should be well versed in before you decide to retain them as counsel. In the cases of disciplinary suspensions or expulsions, it is important to remember that your prospective Education Lawyer should have experience with Manifestation Hearings that are a part of the appeals process to a suspension or expulsion case. Additionally, if you have a special needs child, your prospective Education Lawyer should have experience both negotiating and combating Individual Education Plans and 504 Plans that are tied to special needs cases and appeals.
All in all, it is important to make sure that your child is receiving the quality of education that they are legally entitled to under federal and state law regardless of their disciplinary issues or special needs.
If you have any doubt whatsoever that your school or school district is denying any of these rights and feel you need a Maryland education lawyer, please contact us to discuss your case free of charge. Proceeding in this way will allow you and your child to have a speedy, effective, and practical solution to your legal claim.