Why Do You Need an Education Law Solicitor?

As there’s many aspects of law that effect the education sector, if you work for a school, college or university, then you’re likely to need the help and advice of of an education law solicitor.

Here’s why you’ll need help with education law.

1. Education establishments need to accountable, and so need to do everything properly, and within the law. If you’re not sure about best practice, or how best to manage, why not see how an education law solicitor can help.

2. As health and safety is such a concern for parents of pupils, it needs to be taken care of. No matter whether conducting a science experiment, or planning a trip abroad, the activity will need to meet the relevant legislations, and the risks will need to be fully assessed.

3. Your policies for pupil and staff discipline will need to be checked regularly to ensure that they are still up to date and valid, and that they are enforceable, and comply with relevant laws.

4. Employment laws still apply in educational establishments, so you’ll need to be aware of laws regarding working hours, staff contracts and workers’ rights.

5. Remember that your recruitment policies need to be fair, and that there is no discrimination within your education establishment. You’ll also need to make sure that all necessary checks are carried out on new staff too.

6. It’s important that staff contracts, and internal policies regarding IT are reviewed regularly to ensure that they are up to date and legally binding. If you’re not sure, why not speak to an education law solicitor?

7. You might be dealing with many suppliers and have lots of contracts for supplying cleaners, meals, emergency cover teachers, IT systems and more. You’ll want to make sure that you’re getting the best deals, and that you’re not being treated unfairly.

8. As some schools and colleges rely on donations and funding, it’s important that all of the money is accounted for, and that the school is run in a right and proper way in order to meet the legal requirements.

9. Perhaps you’re involved in estate management, and buying and selling school grounds or buildings. You’ll want to make sure that you get the best deals, and that you meet the legal requirements, so as not to fall foul of the law.

10. If you’re considering expanding the school, you’ll want to obtain planning permission, and to make sure that it is in the best interests of the school. There will also be construction and environmental laws that will need to be considered too.

6 Parenting Tips on Special Education Law and Transportation

Are you the parent of a child with autism or a physical disability that needs transportation? Do you wonder what the Individuals with Disabilities Education Act (IDEA) states is the schools responsibility, to provide transportation for your child? This article will discuss what IDEA requires as far as transportation for your child with a disability. Also discussed are parenting tips that you can use, to help your child receive this important service.

Under IDEA transportation is considered a related service. A related service is transportation, developmental, corrective, and other services. . .as may be required to assist a child with a disability to benefit from special education. . .
What this means is that if your child requires transportation in order to benefit from their education, special education personnel are required to provide it.

Parenting Tips:

1. When advocating for your child, remember that; transportation not only means to and from school, but also in and around the school building, and any specialized equipment required by your child.

2. Section 504 of the Rehabilitation Act prevents discrimination on the basis of disability. The law reads: No qualified student shall on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any . . .transportation. . .or activity.

For Example: Your child with a physical disability is not allowed to go on a field trip, because the class cannot get the wheelchair bus. This would be a section 504 complaint, because your child is being discriminated against, on the basis of their disability. I have dealt with this situation, and the school district usually quickly fixes the transportation problem, if you tell them that you may file a Section 504 complaint. Section 504 is covered by the Office of Civil Rights in Washington, though each state has at least one office.

3. If your child requires an assistant in the classroom then you may be able to get a bus assistant, if your child’s disability requires it. The goal of transportation as a related service is to provide safe access to education. So if your child needs a bus assistant in order to get safely to school, school personnel are required to provide it.

4. If your school district is not providing needed transportation for your child, you can be reimbursed, for providing the transportation yourself. Make sure that your child’s IEP, states that they need transportation as a related service, and that you will be reimbursed.

A district may also be required to reimburse parents where:

A. Transportation is needed to provide FAPE and the district fails to meet its obligation.
B. The district doesn’t recognize the need for transportation.
C. The district makes inadequate provisions for transportation.

5. If your child’s extracurricular activity is related to their IEP goals and objectives, then transportation must be given. For Example: If your child has autism and needs to work on social skills, they can gain that from extra curricular activities. In that case transportation needs to be given by your school district.

6. School districts are not allowed to shorten your child’s school day due to transportation. Unfortunately it happens all the time, and you may have to stand up to special education personnel for the good of your child.

IDEA gives children with disabilities equal educational opportunity, which means a full school day. I have often said that if parents of children without disabilities found out there child was to leave school early for transportation, they would be outraged. But parents of special needs children are supposed to accept it. Do not accept it, stand up for your child.

This article has given you a lot of good information about transportation, that you can use to benefit your child’s education.

Education Law and Faith Schools

According to recent estimates, almost a third of all schools in England and Wales are faith schools, and almost a quarter of all children are educated in a faith school. These types of schools were a key plank in the labour government’s strategy for education, and the Coalition has indicated that it will continue to increase the amount of educational services which are provided by religious groups.

There are three types of faith schools: voluntary aided, voluntary controlled and independent religious schools, and different rules apply to each of these.

Voluntary Controlled Faith Schools
These are schools which are funded by the state and where the state is responsible for the day-to-day management and control of the school. The buildings and land are owned by a religious group, and that religious group has the right to appoint the governors and often the head teacher, but other teachers are employed by the local education authority. The appointment of these teachers is subject to the same conditions as teachers in regular state schools and there is no requirement that the teachers profess the same faith as the religious group which established the school.

In voluntary controlled faith schools, the admissions policy is set and administered by the local education authority. This means that these types of schools are usually open to all students and there is no requirement that the student has an attachment to the faith held by the religious group which established the school.

Voluntary Aided Faith Schools
These are schools which are funded by the state but are managed and controlled by a religious group. The religious group owns the land and buildings, appoints the governors of the school and selects and appoints teachers. All teachers are directly employed by the religious group, and it is lawful for the religious group to require teachers to profess the same faith and to discipline staff for breaching religious principles or acting in a way which is inconsistent with the schools ethos.

In voluntary aided faith schools, the admissions policy is determined and enforced by the governors of the school. This means that very often prospective students are required to demonstrate some adherence to the religious principles on which the school is founded.

Independent Faith Schools
These are schools which are entirely funded and controlled by a religious group. The religious group appoints the governors and employs all of the staff as well as setting the admissions policy. Independent faith schools often require both teachers and students to be professing members of a particular religious sect or denomination, and can discipline both staff and students if they act in a way which is inconsistent with the schools ethos and religious values.

Teaching in Faith and Religious Schools
Both voluntary aided and voluntary controlled faith schools are required to teach the national curriculum, and students will cover the same subjects as pupils in other state maintained schools. The only exception to this is in the case of religious education, where faith schools are allowed to set their own curriculum which will usually focus on the religious beliefs held by the charity or church which founded the school. Voluntary aided and voluntary controlled schools are also entitled to insist that religious education is taught by a professing member of a particular faith or denomination.

There is no requirement for independent faith schools to teach the national curriculum and these schools will set their own subjects and studies.

For a variety or reasons, ranging from smaller class sizes to higher standards of discipline many faith schools have better league table results than other state run schools and this makes them highly desirable. Many parents will consider legal challenges to admission criteria to try and get their children a place.