Education Litigation Attorney
Have your rights been compromised by a school? A broad range of issues can arise from dismissal proceedings and disability discrimination to free speech violations and retaliation. Students, parents and teachers can encounter difficulties at schools that warrant legal representation. Education Litigation Group is committed to upholding the principles of education law.
From our administrative office in Las Vegas, we work with clients all over the country and can handle your educational issue. Every case is treated with the special attention needed to achieve justice. Education Litigation Group founder and attorney, Jason Bach, has been involved with education law issues for more than 20 years. With our extensive experience in education law, we protect our clients’ lawful rights in cases involving education-related matters.
Professional, Graduate and Undergraduate Students and Education Law
To balance the code of conduct schools require for their students, schools must abide by their own rules. In doing so, schools have an obligation to treat their students in a consistent, fair and reasonable manner that is neither arbitrary nor capricious. To achieve justice when facing a dispute with a professional school, graduate or undergraduate college or university with many resources, a student’s case may be handled best by a lawyer.
- Dismissal, Suspension and Discipline
Most people assume that when a school or university dismisses or disciplines a student, it is for good reason. However, that is far from true. Many schools have no problem taking your tuition dollars, only to dismiss you or delay your education for years without a valid cause. Some students are left with hundreds of thousands of dollars in debt, without the degree and career needed to pay back those student loans. When a school is unjustified in their actions, we hold them accountable and fight for the student’s right to continue down their chosen education and career path.
- Disability Discrimination
Students entitled to accommodations for a mental or physical disability are often denied those accommodations by their school, in spite of federal laws requiring that schools provide those accommodations. Even disabled medical students, graduate students, and college students are entitled to accommodations at all public schools and the vast majority of private colleges and universities. Many times, students in need of accommodations will be dismissed even though the school knew the student was in need of accommodations. We will fight for you to receive the accommodations you need and will work to remedy any discriminatory action that a school has taken against you.
- Due Process and Equal Protection
Were you given a fair opportunity to defend yourself from allegations? Were you treated differently than other similarly situated students? Public schools are required to give you a certain level of due process and equal protection. Private schools may be liable if they act arbitrarily and capriciously when taking action against students and faculty. We have helped countless students receive the process and treatment to which they are entitled and have held their schools accountable when they don’t receive them.
- Free Speech Violations, including Retaliation for Speaking Out
When a student or parent complains to public school officials about a legitimate concern, and those school officials retaliate against the student or parent, this could be in violation of the right to free speech guaranteed by the First Amendment of the Constitution. We will defend your right to free speech, without retaliation, when public officials attempt to intimidate and silence you.
Special Education
More issues about special education and student rights are affecting clients today. As school districts struggle with tighter budgets and limited resources, the possibility increases that students entitled to special education through the Individuals with Disabilities Education Act (IDEA) may be denied the opportunity. In special education cases, we represent students and parents to ensure access to Free Appropriate Public Education (FAPE).
Professors and Teachers and Education Law
We know that education law issues don’t just affect students and parents. Teachers can also benefit from legal representation to uphold their rights. Concerns can arise over freedom of speech and retaliation for speaking out, tenure, dismissal and other work-related issues. An attorney can help and is almost necessary to prepare a defense against large institutions to ensure the rights of a teacher are protected.
Exhaust Administrative Remedies
For all education-related legal matters, a certain process must be followed. Before filing a lawsuit in court, all administrative remedies, including hearings, department decision reviews and appeals processes may need to be exhausted. Clients, with the assistance of an attorney, must first try to resolve the dispute through all of the standard processes and procedures the school requires. Filing a lawsuit is the last resort to pursue when an issue remains unresolved after all attempts at resolution have failed. A statutory limitation, which may vary by jurisdiction, applies to all cases and may require filing litigation notices in as little as 90 days, depending on the state. If all administrative proceedings are not exhausted before initiating litigation, the school may use that as a defense to the suit in seeking that it be dismissed.
Need More Information?
We provide legal services to students, their parents and teachers. Education law is far-reaching, not just in terms of the people involved but also in terms of the schools whether public or private. Through pro hac vice admission in various jurisdictions, we represent clients on a nationwide basis. In particular, we have handled education law cases in:
Do you need more information about an education law issue? Contact us to find out more about how our experience in education law could help your case. Send an email or call our office to inquire about speaking to an attorney. Our firm represents clients on an hourly fee basis. We are not a contingency law firm for most cases.
Jason J. Bach is admitted to practice law before the Supreme Court of the United States, multiple federal Circuit Courts of Appeal and federal District Courts, and in courts in Nevada, Texas, and the District of Columbia. He can appear pro hac vice in almost any federal court in the United States, and he works with a network of local attorneys across the country to represent clients in numerous states.