Can I Hire a Lawyer for a Dispute Involving a Public School in Illinois?

This question came from one of our users:

"I am trying to find a lawyer that handles cases within a public-school setting. I have had several unresolved issues and would like to seek legal advice. Is this something your firm handles? There are a lot of pieces that go into my dispute, and it's not easy to relay the message through email."

Whether or not you should hire a lawyer for a dispute involving a public school depends on a variety of factors. 

Common Disputes Involving a Public School: 

Generally, common disputes involving public schools may involve First Amendment rights, particularly freedom of speech and religion. Other disputes could include issues relating to student discipline, special education, school attendance, school board governance, negligence, or negligent hiring.

In addition, disagreements could arise over curriculum content, especially those related to sensitive or religious topics, criminal matters relating to violence on campus, or racial discrimination in disciplinary practices.  It is hard to determine what legal theories apply without knowing specific facts relating to your situation. Let's break down some common issues that may require legal counsel.  

1. First Amendment Rights: 

Freedom of Speech: 

Students' right to express themselves through speech, which may include protests or wearing symbols, can sometimes be a point of contention for school districts, resulting in reprimands that may lead to the need for legal counsel.  

Freedom of Religion: 

Students' right to practice their own religion, including prayer at the school, religious events, or clubs, and the school's ability to accommodate these practices can often lead to legal challenges needing experienced legal counsel.  

2. Racial Discrimination in Discipline and Other Practices: 

Civil rights organizations have sometimes filed complaints against public schools. These complaints generally allege that the school disproportionately refers Black and Latino students to law enforcement for very minor disciplinary issues.

This can lead to increased arrests and suspensions for students of color compared to their non-minority peers.  This often can perpetuate cycles of negative outcomes for minority students. In addition, there may be disputes regarding disparities in school funding, which disproportionately impact schools serving minority populations.  These practices are often rooted in discriminatory practices and policies. 

3. Student Discipline: 

Discipline Procedures: 

Disputes can also arise over school disciplinary actions, such as suspensions, expulsions, searches of a child's body or personal belongings, and the like. These practices may be incorporated into the alleged violation, particularly if a student feels that their rights have been violated.  

Discipline of Students with Disabilities: 

The proper implementation of the Individuals with Disabilities Education Act ("IDEA") and the handling of students with disabilities who engage in disciplinary infractions can lead to legal challenges.  

4. Special Education: 

Individualized Education Programs ("IEPs"): 

Parents may need to resolve disputes or disagreements regarding an IEP developed for their child. Some disputes may arise over appropriate educational placements and services that parents feel their child needs, but the school is not providing. 

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504 Plans:  

A 504 plan is a legally binding document under Section 504 of the Rehabilitation Act of 1973, which provides accommodations for students with disabilities who may not qualify for an IEP. Essentially, it provides how the school will support a student's learning by addressing barriers the child experiences due to their disability.

A 504 plan should ensure the student can access a safe and effective learning environment. Students with a physical or mental impairment substantially limiting one or more major life activities are eligible for a 504 Plan. ADHD, visual impairments, hearing impairments, mental illnesses, and various chronic conditions can be considered impairing a child's life to warrant a 504 plan. Disputes can arise as to the accommodations needed and/or being offered to the student. 

In addition to the other ADR methods mentioned, parents can file a complaint with the OCR, the federal agency responsible for enforcing Section 504. You must file an OCR complaint within 180 days of an incident.  You must also explain the problems you are experiencing. The OCR will decide if an investigation is warranted. If the OCR investigates and finds that the school has violated Section 504, it will order the school to fix the situation.   

5. School Attendance and Discipline: 

Disputes can arise over truancy, suspensions, and expulsions.  

Generally, schools may allege that a student's behavior violates a school policy, while parents may argue that the punishment is not proportionate to the violation or, that the school policy violates a student's rights or that the school has not properly provided for the student's needs.  

6. Due Process Rights: 

The process of identifying, evaluating, and educating students with disabilities can be complex.  If a parent and student feel their child's rights have been violated, it may lead to disagreements that result in the need for legal action.  

7. School Board Governance: 

School Board Elections: 

Disagreements over school board elections (i.e., qualifications of candidates, outcomes of elections, or mismanagement) can be a source of contention. 

School Board Policies: 

Disagreements with school board policies regarding curriculum, dress codes, student activities/events, or other policies can lead to disputes as well.  

8. School Funding and Resources: 

Public schools can also face financial challenges relating to taxation and funding.  Funding disparities between districts can lead to inequities in resources and opportunities for students, and racial disparities can also add complexity to the disparities in schools. 

Financial disparities can lead to disputes, as parents and community members advocate for increased funding and more equitable resource allocation between schools to address the equitable distribution of resources to students.  

9. Bullying Prevention: 

Generally, Illinois law requires schools to implement policies to prevent and address bullying. Of course, disputes can arise when parents perceive their child is being targeted by bullies and that the school is not adequately addressing the issue to stop the behavior.  

10. Curriculum Disputes: 

Disputes over the inclusion of certain political or social issues in the curriculum and the school's policies on these topics often lead to legal action. Likewise, disputes over the inclusion of religious topics and content in a school's curriculum, as well as the school's policies on religion, can result in legal disputes.  

Alternative Dispute Resolution 

Alternatively, there may be other ways to resolve an issue with a public school without having to file a lawsuit in a state or federal court.  In Illinois, public school disputes, especially issues relating to special education, can sometimes be resolved through various alternative dispute resolution (ADR) methods, including facilitation, mediation, due process hearings, and filing complaints with the Illinois State Board of Education ("ISBE").

If your goal is to address disagreements with a school district regarding special education services, placement, school board concerns, or related issues, you may be able to use the options below to reach a resolution:  

Methods of Dispute Resolution in Illinois: 

Mediation: 

In this ADR process, a neutral mediator is used to facilitate communication and negotiation between the parties.  Parties are separated, and the mediator communicates with each party alone to determine each party's position to attempt to help parents and school districts reach a mutually agreed-upon resolution to the issue. Although voluntary and confidential, the downside to this method is that any agreement reached in mediation is usually non-binding unless the parties sign a written agreement memorializing the agreed-upon terms. ISBE offers free mediation. 

Facilitation: 

In this process, a neutral (unbiased) party, provided by the ISBE, helps the IEP team (parents, school staff, etc.) to reach an agreement on the terms and provisions of a child's IEP.  

Due Process Hearing: 

Perhaps the closest to litigation (a lawsuit), this process involves a formal hearing where a neutral hearing officer reviews evidence offered by each party and makes a decision on the dispute. One party files a due process complaint detailing the issues and requesting a due process hearing. If the parties reach an agreement, they will sign a legally binding agreement. Each party has a certain time in which to change their mind and void the agreement. This is also a time-consuming process.  

State Complaint: 

This involves filing a formal written complaint with ISBE alleging a violation of special education regulations. The complaint will be sent to the local school district or relevant public agency. An investigation will be conducted within 60 days of the complaint. You must file a complaint within a year of the incident unless the violation is ongoing. A complaint form can be found online on the ISBE website.  A report will be written, and if a violation of the IDEA has been found, recommendations and corrective action to remedy the issue will also be offered in the report.  

Important Notes 

Timelines: There are specific timelines for requesting mediation and filing due process requests.  

Other Resources: 

Illinois State Board of Education website: Provides information on dispute resolution procedures and forms.  

Illinois Legal Aid Online: Offers guidance on resolving special education conflicts.  

Family Matters PTIC website: Provides information on conflict resolution in Illinois. 

Above all, even if you choose an alternative method to resolve your dispute, you should seek legal advice from local counsel to better understand the specific legal issues relating to your situation and to make sure timelines and procedural processes are met.   

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Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.