Education Law

Helping Hold Schools Accountable

When a child is placed in a school for six to eight hours out of the day, there is an expectation that the school will not only educate, but also protect and respect his or her rights. When that expectation is violated, schools and officials responsible need to be held accountable.

At the Law Office of Hawley Holman, we stay on top of developments in education law. Mr. Holman has experience in working with professionals with over 10 years of teaching experience. As a result of this experience, Mr. Hawley has a unique insight into school environments. Contact us for help with any aspect of education law.

A Responsibility to Protect Students and Share Information With Parents

There are several areas where schools may be liable to students under state and/or federal education law for taking or failing to take certain actions.

One major area is disability accommodation. If a student has a learning disability or other physical disability, the school may be required to accommodate the disability and follow certain other procedures with regard to that student.

Sexual harassment and bullying of students is prohibited under various state and federal laws. Both long term and short term consequences of both harassment and bullying are severe, including the inability to learn along with the emotional and physical well-being of targeted students and their classmates who know it is occurring and feel simply feel helpless to assist each other. Although sexual harassment and bullying of students, in general, has always been and continues to be an issue at the high school level, the trend of so-called “gender bullying” is also on the increase among younger and younger students.

School districts are legally obligated to protect students from sexual harassment. Title IX is a federal law that prohibits sex discrimination, including sexual harassment, in all educational institutions that receive federal funds. Under Title IX, your school and school district must take the steps necessary to prevent harassment and to effectively address it when it occurs, and may be held financially liable for harms arising from teacher-on-student or student-on-student harassment. Liability for sexual harassment may also arise under state or other federal laws.

If your school district has a sexual harassment and anti-bullying policy but isn't following up with specific education programs or consistent enforcement on each of those policies, it's important to speak out and take affirmative action on behalf of your child. Being verbally aggressive may prevent bullying or harassment of other children in the future.

Parents also have rights granted by the Family Educational Rights and Privacy Act (FERPA), including the right to inspect certain records and the right to receive notice of certain school actions. If these rights are violated, there may be legal recourse.

Protecting Free Speech at School

One high-profile area of education law involves freedom of speech and expression. When students, parents or teachers get in trouble for what they say, do, teach or wear, they may have legal recourse. Our lawyers can help you determine whether you have a legitimate case.

Contact Us

Contact the Law Office of Hawley Holman to learn more about your rights and/or your children's rights under state and federal education law.