You were pretty close to graduating, until your school suddenly claimed that you violated their student conduct policy. Maybe the college is accusing you of plagiarism or of cheating on an exam. Or maybe your violation involves a problem in student housing or a criminal offense.
Generally, if you’re accused of a student conduct offense, your college or university will have a procedure consisting of various levels. Often, this procedure includes a hearing. Depending on the university, you may or may not be allowed to have an attorney at the hearing. Or the attorney may attend the hearing, but the…
Continue Reading HOW AN ATTORNEY CAN HELP YOUR COLLEGE DISCIPLINE CASE

Your child just returned from school with a letter from the principal. The school discovered something they consider to be a weapon in his or her locker, and now the school is seeking to expel your child for two years. What can you do?
For one thing, you may need to hire an attorney. Often, it is difficult for parents to understand how a hearing officer will perceive their child’s actions. Without this understanding, it can be difficult to make a persuasive case. For example, pointing out that another student got away with worse behavior generally does not work in…
Continue Reading HOW AN ATTORNEY CAN HELP YOUR CHILD’S EXPULSION CASE

Last fall, Illinois libraries faced a slew of bomb threats. Fortunately, the threats were not real. However, calling in a false bomb or shooting threat is not viewed as a harmless prank. If your child engages in such behavior, they could face serious consequences leading to both criminal prosecution and expulsion from school.
If the school is intending to proceed against your child, they will notify you of your child’s right to a hearing. It is essential to contact an attorney immediately in order to protect your child’s rights. You should not try to explain your child’s situation or mental…
Continue Reading THREATENING A SCHOOL IN ILLINOIS

You just received a letter from your child’s school claiming your child is not a district resident and threatening to disenroll him or her. The letter informs you of your right to a hearing. You want the hearing, but question whether you really need an attorney.
It cannot be stressed enough that parents who go to hearing unprepared are overwhelmingly likely to lose and to undermine their chances on appeal. This is true even if you have an attorney, but that attorney does not understand the basics of school residency.
To prove residency, you must have physical presence in the…
Continue Reading THE IMPORTANCE OF THE HEARING IN A SCHOOL RESIDENCY CASE

It may seem silly, but you can be disciplined for something otherwise perfectly legal at home if you do it in front of a school camera.
For example, a Colorado 12-year-old was suspended for briefly passing a toy gun in front of a camera during an online art class. (See 12-Year-Old Suspended Over Toy Gun Seen in Virtual Class). The school sent the sheriff to the child’s house.
Many school districts do bar students from bringing look-alike weapons, even water pistols, to school. Schools may decide that if you are online, you must obey the same rules as though…
Continue Reading CAN I GET IN TROUBLE FOR SOMETHING I DID DURING ONLINE SCHOOL?

The answer is yes, but it is important to read your school district’s policies carefully to understand all the ins and outs of the rules.
For example, the Chicago Public Schools Policy Manual Sec. 502.1 requires teachers hired after November 20, 1996 to move into the City within six months from the day their employment begins unless they have otherwise been granted a waiver. The Board considers any tenured teacher who intentionally lies by act or omission about their residency to have engaged in irremediable conduct and may be dismissed without warning. Where no misrepresentations have occurred, the Board may…
Continue Reading CAN A TEACHER BE DISMISSED FOR VIOLATING SCHOOL RESIDENCY REQUIREMENTS?

Under Illinois law, a teacher who is past their probationary period cannot be removed except for cause. But what is cause?
Cause may be remediable or irremediable. Remediable conduct may include substandard teaching. Irremediable conduct may include conduct that is cruel, immoral, negligent or criminal or in any way causes psychological or physical harm to a student.
For example, in Ahmad v. Board of Education of the City of Chicago, a teacher falsely represented herself as a school district agent to obtain over $33,000 in free school supplies from a nonprofit organization that she intended to sell for her…
Continue Reading WHAT IS “CAUSE” UNDER ILLINOIS LAW WHEN TERMINATING A TEACHER?

Under Illinois law, you may only be terminated as a teacher for cause once your probationary period has expired. To do so, however, the school district must follow certain procedures. See: 105 ILCS 5/34-85.
If the alleged “cause” is remediable, you must receive a reasonable written warning specifically stating that such cause may result in charges unless you take steps to remove the problem. There are a couple exceptions to this rule, such as if you have failed a remediation plan or if the district and your union have agreed on an alternative system of remediation.
No written warning…
Continue Reading WHAT ARE MY RIGHTS IN A TEACHER TERMINATION PROCEEDING UNDER ILLINOIS LAW?

Under the law, public schoolteachers cannot be fired except for cause. In many cases, a teacher may go through a remediation process in order to keep their job. But some types of conduct are not eligible for that process.
What kind of charges allow a Board of Education to bypass the remediation process and go straight for termination? The answer is less clear than you might think.
Generally, a board must first issue a written warning for conduct that is remediable, unless a teacher displays conduct that is “cruel, immoral, negligent, or criminal or that in any way causes psychological…
Continue Reading WHEN CAN A TENURED TEACHER BE FIRED WITHOUT REMEDIATION?

As of August 23, 2019, Illinois has new ground rules regarding the need to notify a parent before questioning your minor child at school.
Before questioning a student on school grounds who is suspected of a crime 1) a law enforcement or school security official must try to notify you, 2) the school must document the time and manner of the notice, and 3) the school must make reasonable efforts to ensure you are present during questioning. If you cannot be present, then the school must include a school social worker, psychologist, nurse, guidance counselor or other mental health professional…
Continue Reading CAN THEY QUESTION MY CHILD AT SCHOOL? NEW RULES UNDER ILLINOIS LAW

You saw the school bus, but you honestly didn’t see the stop sign extending from it. So you drove past the bus, and next thing you know, a police car signaled you to pull over. You would never intentionally disobey a school bus sign, and the whole thing is extremely upsetting.
What is the law? What can you do?
In Illinois, you must stop before passing a school bus from either direction when the bus is signaling a stop by either a stop sign or flashing lights. You may not drive forward until the school bus proceeds, the bus driver…
Continue Reading PASSING A SCHOOL BUS IN ILLINOIS