The Edu Law

IEP vs 504 Plan Legal Differences – Eligibility, Protections, Enforcement

Feb 4

Education, Law

IEP vs 504 Plan Legal Differences – Eligibility, Protections, Enforcement

An IEP and a 504 Plan are not interchangeable documents. An Individualized Education Program is a legally binding special education plan governed by federal special education law and designed for students whose disabilities require specialized instruction. A 504 Plan is a civil rights accommodation plan governed by disability discrimination law and designed for students who […]

by Jonathan Pierce

Can a School Suspend a Student Without Due Process – Rules and Timelines

Feb 4

Education, Law

Can a School Suspend a Student Without Due Process – Rules and Timelines

A school generally cannot suspend a student without some form of due process, but the amount of process required depends on the length of the suspension, whether the school is public or private, and the jurisdiction. In U.S. public schools, even short suspensions require minimal due process protections, while long-term suspensions and expulsions require formal […]

by Ethan Dumfries

Student Records FERPA Explained – What Parents and Students Can Request

Feb 4

Education, Law

Student Records FERPA Explained – What Parents and Students Can Request

The direct answer is this: FERPA gives students and, in some cases, parents the legal right to access, review, and request corrections to education records held by schools, while also strictly limiting who else can see that information without consent. It does not give unlimited access to everything a school creates, and it does not […]

by Jonathan Pierce

Title IX Complaint Process Explained – Timelines, Evidence, Outcomes

Feb 3

Education, Law

Title IX Complaint Process Explained – Timelines, Evidence, Outcomes

The direct answer is this: the Title IX complaint process is a structured civil rights procedure that allows students, parents, and employees to report sex-based discrimination or harassment, requires schools to follow specific investigation steps and timelines, and can result in remedies, disciplinary actions, or federal enforcement depending on findings. It is not a criminal […]

by Ethan Dumfries

Mandatory Reporting Laws for Teachers – Requirements and Penalties

Feb 3

Education, Law

Mandatory Reporting Laws for Teachers – Requirements and Penalties

The legal reality is straightforward: teachers are required by law to report suspected child abuse or neglect when they have reasonable cause to believe it may be occurring, and failure to do so can result in criminal charges, civil liability, and serious professional consequences. Mandatory reporting is not a guideline, a recommendation, or something that […]

by Jonathan Pierce

Can Schools Ban Certain Hairstyles or Clothing? Constitutional Limits Explained

Feb 2

Constitutional, Law

Can Schools Ban Certain Hairstyles or Clothing? Constitutional Limits Explained

The clear legal answer is this: schools can regulate hairstyles and clothing, but only within constitutional limits, and those limits are tighter than many school policies assume. Public schools, as government actors, must respect students’ constitutional rights. Dress codes and grooming rules are allowed, but bans that are arbitrary, discriminatory, unrelated to education, or that […]

by Ethan Dumfries

Bullying and School Liability – When Schools Can Be Sued

Feb 2

Education, Law

Bullying and School Liability – When Schools Can Be Sued

Schools can be sued for bullying when they knew or reasonably should have known that bullying was occurring and failed to take appropriate action, or when their own policies, staff actions, or omissions contributed to foreseeable harm. Liability most often arises when bullying leads to physical injury, severe psychological harm, discrimination under federal civil rights […]

by Jonathan Pierce

Truancy Laws By State – Penalties, Court Process, Parent Liability

Jan 26

Education, Law

Truancy Laws By State – Penalties, Court Process, Parent Liability

Truancy refers to unexcused absences as defined by state statutes and education codes across the United States. Legal attention toward absenteeism exists to improve academic outcomes and reduce links to juvenile delinquency. Federal involvement increased after the passage of the Every Student Succeeds Act, which encouraged states to track chronic absenteeism and take corrective action […]

by Ethan Dumfries

Can a School Search a Student Phone: Fourth Amendment Rules And Exceptions

Jan 5

Constitutional, Law

Can a School Search a Student Phone: Fourth Amendment Rules And Exceptions

Phones became the default pocket computer for teenagers. Texts, photos, location history, social media, browsing trails, even banking and health apps now live inside one small device that never leaves a student’s hand. School administrators face real safety and discipline problems that often connect directly to phone use. Courts have had to stretch older Fourth […]

by Ethan Dumfries

Defamation vs. Bad Reviews: What Counts, and What Usually Fails

Dec 31

Cases

Defamation vs. Bad Reviews: What Counts, and What Usually Fails

Most negative online reviews are legal and protected speech. Defamation only applies when a statement of fact about a person or business is false, presented as factual, harmful to reputation, and made without adequate factual basis. Opinions, subjective experiences, exaggeration, and harsh criticism almost always fail as defamation claims. Courts dismiss the majority of lawsuits […]

by Jonathan Pierce