All students in Michigan, from K12 students to students enrolled in any type of higher education program, have certain rights. Unfortunately, schools can violate their rights in many ways. Such violations can have profound implications for students' futures.
Help is available in these circumstances. Whether you're facing a student discipline issue like potential expulsion at Wayne State University, or you think you're the victim of illegal discrimination at Dearborn City School District, our Education Law Team at the Lento Law Firm is available to protect your rights—and fight for your academic career.
If you're a student or the parent of one who needs help with a Michigan education law matter, contact us today by calling our offices at 888-535-3686 or submitting your information via our online contact form.
Our Michigan Education Lawyers Handle Special Education & Disability Rights Cases
Several federal laws determine how schools in Michigan (and throughout the U.S.) must accommodate the needs of students with disabilities. Although individual administrations have some power to change how these laws are enforced, generally, laws to be aware of include:
- The Individuals with Disabilities Education Act (IDEA): This law has several components. If you're not sure whether IDEA applies to your case, a member of our team would be happy to discuss the matter with you in greater detail during a consultation. Generally, though, IDEA ensures that eligible children with disabilities have access to a free public education that provides them with necessary services, such as special education classes.
- Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits programs or activities receiving federal funding via the U.S. Department of Education (ED), such as public schools, from discriminating against individuals on the basis of disability. This is a law a Michigan education attorney might cite when justifying the legal action a client is taking against a school district.
- Americans With Disabilities Act (ADA): ADA generally prohibits discriminating against people with disabilities in a variety of areas, including public education.
Along with the above federal laws, the Persons With Disabilities Civil Rights Act is a Michigan law that also prohibits public school districts from engaging in discrimination against students with disabilities. If you're not sure whether you have a case under one or more of these laws, discuss the topic with a member of the Lento Law Firm Education Law Team.
Individualized Education Programs & 504 Plans: Education Lawyers Advocating for Students With Disabilities in Michigan
The federal and state laws cited above establish general prohibitions so that public school districts in Michigan must offer students with disabilities access to an appropriate education. In the Great Lakes State, Michigan's Administrative Rules for Special Education (MARSE) more specifically addresses how schools must comply with state and federal statutes.
For example, a student with a disability may have a right to an IEP, an education plan tailored to their unique needs. MARSE offers rules explaining how school districts must provide IEPs. The rules address such matters as the timeline for developing and implementing an IEP, the qualifications necessary for those involved in providing IEPs, and other such topics.
504 plans are alternatives to IEPs. A student whose disability isn't severe enough to require an IEP may nevertheless benefit from an individualized plan that allows them to achieve their highest academic potential. A school district could face various consequences (such as loss of funding) if it doesn't offer students 504 plans despite them being eligible.
Your child deserves a proper education. Under both federal and state law, they have a right to one. The Lento Law Firm Education Law Team will help you take appropriate legal action if a school district has violated your child's rights.
Representing Michigan Students Facing Discipline & Expulsions
Along with our education law services, we also offer student discipline defense services. If a student at any level in Michigan, from K12 through higher education, faces potential suspension, expulsion, or other such disciplinary actions, our team is prepared to offer a defense rooted in an understanding of education law.
That's an important distinction that sets our attorneys apart from criminal defense lawyers. Although a criminal defense attorney may be the person to call when a student gets arrested for a crime, particularly one that happens outside of school, for discipline defense matters, it helps to have representation from attorneys with experience handling such cases.
First, our education law attorneys understand the various state and federal laws that may apply to a student discipline case. We also understand the way the overall student discipline process can differ from that of a criminal case.
In addition, our team understands how to research and leverage the individual policies of individual educational institutions to effectively guide a client through a case. For example, the disciplinary process at the University of Michigan in Ann Arbor may not be exactly the same as the process in a district like Northville Public Schools. Our team applies education law knowledge with an understanding of a school district's specific policies to ensure our clients receive the defense services they deserve.
Don't overlook the importance of a defense when a student faces suspension, expulsion, or other such penalties. Consider the following potential long-term consequences of academic or student discipline:
- A suspension could result in a gap in a transcript. At the very least, a student may have to explain this when applying to colleges.
- Being expelled from one college can derail a student's academic and professional career. An expulsion can make it difficult to find another college that will accept said student.
- If potential employers learn about past discipline issues, they may be less inclined to hire an applicant.
Those are just examples. They're not meant to frighten you if you or your child is currently facing disciplinary action at a Michigan school. They're simply meant to highlight the importance of coordinating with legal professionals when alleged violations of school rules result in disciplinary proceedings.
We Help With Bullying & Harassment Education Law Cases in Michigan
Bullying isn't always an issue that school districts properly address. If a student has been the victim of bullying and harassment, there are several potential approaches to addressing the matter through legal means. Consider the following:
- Title IX: Under Title IX of the Education Amendments of 1972, schools receiving federal funding may not engage in any form of discrimination on the basis of sex. Over the years, various interpretations of Title IX have influenced how the law may be applied. Currently, it's generally understood that a school may be guilty of a Title IX violation if sexual harassment or similar forms of sex-based bullying or harassment occur and the school doesn't take proper action to address the matter. That means, if an individual student is sexually harassing another, the school may be the target of litigation for allowing the harassment to continue.
- Matt's Safe School Law: This Michigan state law requires schools in the Wolverine state to adopt policies prohibiting bullying. These policies should ensure that schools can properly identify bullying, investigate potential cases of bullying, and notify parents or legal guardians of students who've been the victims of bullying. Similarly, the law requires schools to implement processes that allow for the proper reporting of alleged bullying incidents or cases.
Those are just two laws that might provide legal grounds for taking action against a Michigan school district when a student has been the victim of bullying or harassment. The Lento Law Firm Education Law Team will review your case and determine the specific statutes and rules that might apply.
Handling Michigan Discrimination in Education Cases
Between the state and federal laws already covered in this overview, Michigan students theoretically have a range of protections against discrimination. These laws prohibit schools from discriminating against students on the basis of such characteristics and factors as:
- Sex
- Disability
- Gender identity
- Religion
- Race
- Color
- Sexual orientation
- National origin
- Height
- Weight
- Familial status
- Marital status
- Age
Our Education Law Team at the Lento Law Firm can help if you or your child has faced illegal discrimination at any Michigan school, whether it be Michigan State University in East Lansing or a K12 institution like Troy High School.
During a consultation, we can also answer your questions if you're not sure whether you have a valid case. Discrimination against students can take many forms. Not all of them are obvious.
Consider the following examples:
- Certain resources and opportunities, such as advanced placement courses, may improve the odds of students achieving their academic and personal goals. Schools might break the law if they prevent certain students from accessing these programs or resources for discriminatory reasons.
- A school's dress code should be neutral. However, there are instances in which students face unfair discipline because dress codes are designed to unfairly penalize certain students who may belong to protected classes.
- Schools may “steer” or guide students in certain directions based on the educational tracks that best serve these students. To some extent, this is appropriate when it genuinely serves student needs. That said, if schools are tracking demographics or engaging in other such practices when deciding which directions to “point” certain students in, they may be breaking the law.
As always, those examples don't represent all the types of discrimination issues that might arise at a Michigan school. One of the best ways to determine if you have a valid case is to review the matter with a qualified Michigan education lawyer.
Protecting Student Rights & Free Speech in Michigan
The free speech rights of students in Michigan is a nuanced topic that's not as clear-cut as some might assume. To a degree, students are generally afforded the same free speech rights that citizens are afforded under the law. Some mistakenly believe this means that, if someone can legally engage in a particular form of free speech in Michigan, they may do so at a Michigan school without facing penalties or consequences.
That's not necessarily the case. Both public and private educational institutions in Michigan can establish their own free speech policies.
Sometimes, these policies can be restrictive to such a degree that they may nevertheless represent violations of the law. For example, in 2013, Northwestern Michigan College in Traverse City adopted a free speech policy that would designate certain “free speech zones” on campus. The school put the policy on hold upon receiving a letter from the ACLU indicating the policy could illegally violate students' free speech rights.
Our education lawyers understand the extent to which schools in Michigan can and can't restrict student expression and speech. If you're facing discipline because of a form of expression that you believe was protected under both the law and your school's policies, review your case with a member of our team to learn more about potential legal options.
Types of Cases Our Michigan Education Lawyers Handle
The specific ways we approach a case will depend on the details of that case. Often, our cases involve litigating against schools. If a school has illegally violated a student's rights, the best legal option in these circumstances may be to file a claim or lawsuit against the school district or individual institution.
However, other cases, such as when students face potential disciplinary action, involve providing student discipline defense services. Our education lawyers have experience handling both types of cases. If you're not sure what type of case yours is, we'll gladly answer any questions you may have during your case review.
Contact the Lento Law Firm When You Need the Services of a Michigan Education Lawyer
Our education lawyers understand that students are often at a disadvantage when they need our services. Because of their age and lack of experience, students may not know how to assert their own rights. They might not even know whether their rights are being violated in certain instances.
We provide a voice to students facing everything from unfair disciplinary action to systemic discrimination at schools of all levels throughout Michigan. If you need a Michigan education lawyer with the resources necessary to handle your case, the Lento Law Firm Education Law Team is prepared to serve your needs. Get started today by submitting your information online or calling our offices at 888-535-3686 to set up your consultation.
