Law Archives - The Edu Law

Feb 10

Student Speech Rights On Social Media: When Schools Can Discipline

A group chat lights up at 11:30 p.m. Someone drops a screenshot of an Instagram story. By the first period, the post has reached a counselor’s inbox. By lunch, two students are arguing in the hallway about what it meant. For school leaders, social media is not an abstract concept. It shapes mornings, attendance, counseling […]

by Jonathan Pierce

Flow Chart of POCSO Act With Punishments (Complete Overview)

Feb 10

Criminal, Law

Flow Chart of POCSO Act With Punishments (Complete Overview)

The POCSO Act lays out a tightly structured legal process for reporting, investigating, and prosecuting sexual offences against children, and each step carries defined timelines, procedural duties, and punishments. The Act specifies clear categories of offences, mandatory reporting rules, special protections for child victims, and minimum sentencing guidelines that courts must follow. The Protection of […]

by Jonathan Pierce

Feb 10

Criminal, Law

Difference Between Voluntary and Involuntary Intoxication Under Criminal Law

Under criminal law, voluntary intoxication rarely excuses criminal liability, while involuntary intoxication can, in limited circumstances, function as a full legal defense. The difference hinges on personal choice, foreseeability, and the defendant’s mental state at the time of the offense. Courts treat these two forms of intoxication very differently because one involves a conscious decision […]

by Ethan Dumfries

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