Posts in Education Law
The 2019 College Admissions Scandal, Affirmative Action, and the Politics of Education

The US education system is under attack from many sides. Public schools are underfunded, leaving students and teachers to quixotically try to make up the difference in school supplies and other pedagogic resources through bake sales and online charity funding sites. Charter schools, though they provide a substantially better education for their select students, essentially form an elite, quasi-privatized subsystem that diverts scant public funds from public schools. Tracking, which is the process of segregating students into cohorts with which they stay throughout their public school careers based on their intellectual, academic, and/or test-taking abilities (think “honors track”, “gifted and talented classes”, “special education classes”, “remedial education”, and other subsections of our public school system), further deprives the great majority of students of the high quality education that is gifted upon elite students.

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Disarm and Destroy: School Policies Prohibiting Attorney Representation in Administrative Proceedings - and How to Fight Back!

An attorney can do much for a student or other individual facing a school in an administrative grievance, investigation, hearing, or appeal, be it reviewing the facts and properly advising the individual, drafting correspondence or other documents in the dispute, negotiating with the school, representing the individual at hearings, filing complaints with governmental bodies, or preparing the foundations for litigation against the school in the court system. Schools know this, and that’s why they scurrilously try to prohibit attorney representation for individuals - be they students, teachers, or staff - in such disputes. It’s far easier for schools to remain unopposed, to intimidate you, and to take your money and time and leave you holding your head on the curb after it’s all over.

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School Bullying is Illegal

School bullying can result in criminal charges for assault, battery, and harassment, as well as civil damages for the torts of negligent supervision, training, retention, and hiring of school faculty and staff, civil harassment, defamation of character, civil assault, civil battery, conversion of personal property, and intentional infliction of emotional distress. Parents can bring civil lawsuits on behalf of their children if they are the target of bullies, and they can contact the police to investigate criminal charges against juvenile bullies.

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Academic Plagiarism and East Asian Students: Chinese Pedagogic Traditions Conflict with USA Laws & Policies

In California, plagiarism may be generally defined as the wrongful or unlawful use of the words or ideas of another without citing the original source thereof. Legally plagiarism may be an actionable violation of copyright law which in turn protects the original words and ideas of an author for an extended period of time. A person whose work is plagiarized might be able to bring a civil lawsuit against the offending party for wrongfully copying his or her words or ideas without properly crediting their source. Academically, plagiarism may be grounds for suspension and expulsion from any academic program.

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Nuclear Bombs for Everyone: School Shootings, the 2nd Amendment, and School Negligence Lawsuits

As soon as our reeling minds start to focus on why this tragedy happened and how we could try to prevent it from happening again, the shooting at Sandy Hook Elementary School in Newtown, Connecticut today, along with similar school shootings throughout the country over the last decade including the famous 1999 Columbine High School massacre in Columbine, Colorado, raises questions for us about gun control laws in the face of the US Constitution's Second Amendment right to keep and bear arms.

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Political Speech, Activism, and Free Speech in Grade School Lawsuits

Free Speech lawsuits generally conjure sensational images of controversial civil protests by angry grassroots political activists burning flags or crosses in broad view of the public. In recent months, a couple of interesting cases have been raised to the fore behind the regulated walls of public school rooms involving young girls causing a stir in Free Speech law.

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