Students Rights and Disability Education Law

All members of the firm regularly advise Oregon school districts regarding the discipline of students, including participation in expulsion cases before hearing officers and school boards. In a few cases, the local disciplinary procedure has led to litigation. For instance, Jennifer Hungerford represented the Lake Oswego School District in county circuit court and the Court of Appeals establishing key holdings regarding school district’s right to question students without counsel and other criminal law procedures. Most questions about student rights can be answered and resolved by our firm working with administrators to avoid litigation by properly following existing statutory and case law.

Andrea, Rich, Joel, and Nancy regularly represent our school district clients in more than two-thirds of the due process hearings held in Oregon, as well as subsequent appeals to the federal courts. One of those cases, T.A. v. Forest Grove School District, was heard by the U.S. Supreme Court on April 28, 2009. These four attorneys have provided legal assistance at more than 100 IEP meetings and in more than 100 complaints filed against districts with the Oregon Department of Education. Andrea and Rich have also served on the ODE alternative dispute resolution committee as part of a team looking for ways to improve Oregon’s processes for resolving disputes over IDEA implementation.