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Home > Education Law

Education Lawyer For Teachers in Illinois

In carrying out their calling to educate, schools face a myriad of challenging legal issues. These issues range in scope from constitutional matters to land use and construction concerns. School administrators may struggle to find legal representation that is up to the challenges presented by this unique environment. The education lawyers at MacDonald, Lee & Senechalle possess the professionalism and breadth of experience necessary to provide effective representation for legal issues arising in the context of public and private schools as well as colleges and universities. Contact our experienced education lawyer today.

First Amendment rights in schools

The constitutional First Amendment rights of students and teachers in the education context require careful handling. While it is important for students and teachers to maintain their rights to free speech and freedom of religion, schools must necessarily place limits on these rights. School administrators face the complex task of determining appropriate limits on these rights, while ensuring that students and teachers feel heard and respected. For colleges and universities, the Constitution’s First Amendment also requires academic freedom which imposes both rights and responsibilities on the college or university administration.

Title IX and the Illinois Human Rights Act

Title IX, the federal law ensuring equal education opportunities for students regardless of gender, has also been interpreted as a mandate to protect students from sexual assault or harassment. The Illinois Human Rights Act also protects students from multiple forms of discrimination. School administrators must carefully follow the requirements to investigate and punish those acts barred under the law in order to avoid loss of federal funding, while also protecting the rights of the accused. Negotiating Title IX issues involves a careful balance of interests, requiring an experienced hand. At MacDonald, Lee & Senechalle, our attorneys understand the delicate nature of these claims, and have the legal knowledge and discretion to resolve them effectively.

Section 504 of the Rehabilitation Act and the Americans with Disabilities Act

Most public schools, private schools, colleges, and universities are governed by the Rehabilitation Act of 1973 and the Americans with Disabilities Act as well as the Illinois Human Rights Act. Educators and Administrators must enter into an interactive process with students with special needs to determine whether and how to accommodate them. Guiding administrators and educators through the interactive process and possible claims arising failure to accommodate requires knowledge of various regulations promulgated by the Department of Education as well as an understanding of physical and psychological disabilities. At MacDonald, Lee & Senechalle, our attorneys have extensive experience not only with legal requirements of the various laws and regulations, but also have extensive experience with school manifestations of learning differences, psychological disabilities, and physical disabilities and how other schools have accommodated manifestations of disabilities in the school environment.

Teacher and school staff employment and administration issues

Employment issues on public school campuses not only involve traditional labor and employment issues, such as wrongful termination, but also involve negotiation with unions, federal and state laws unique to education, and tenure disputes. Our attorney Joseph P. Selbka is experienced in representing school districts, boards, and teachers, as well as presiding over these disputes as an administrative law judge. His extensive experience in the field of Illinois education law will provide you with peace of mind that your teacher employment dispute will be capably handled.

Here to meet your education law needs

Our education law attorneys are able to provide capable representation on a broad range of legal issues arising in the school context, such as:

  • Special Education
  • Individualized Education Program issues
  • Harassment and bullying
  • Student discipline and due process
  • Open meetings and records requirements
  • Discrimination issues

Knowledgeable & Experienced Chicago Education Lawyer

For assistance in Illinois with education law matters, contact a knowledgeable and professional Chicago education lawyer at MacDonald, Lee & Senechalle for a consultation at 847-310-0025, with additional offices in Des Plaines at 847-298-5030.

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