Each university will have its own specific policy regarding alcohol and drug use, which you can find in the student handbook or on the university’s website. These policies often include rules about drinking on campus, especially for under-21s and in dorms or at college parties. For drugs, universities typically follow the state and federal laws, meaning that illegal drug possession and use are prohibited at college too. Some universities are stricter than others where alcohol is prohibited on campus, no matter how old you are. Better to familiarize yourself with these policies to avoid unintended alcohol violations or drug offenses. 

Most universities offer a range of resources for students struggling with substance abuse, like counselors you can talk to, referral to rehab programs or support groups either on campus or somewhere nearby. It’s all confidential so you can get help without worrying that everyone will find out or it might have academic repercussions. Some universities even have educational programs about substance abuse, prevention, and healthy coping mechanisms.

The consequences for alcohol or drug violations on campus vary.  Each college has its own rules, but generally, you may face disciplinary action from the university, such as probation, suspension or expulsion.

On the legal side, each state has its own laws. So, if you’re accused of drug or alcohol violations, you might end up being charged with fines or criminal charges, especially if you’re not 21 yet or holding something illegal. This type of violation will be mentioned in your academic record which may affect your future educational or employment opportunities. It’s advisable to reach out to an education attorney if you’re facing legal consequences. Universities often have a code of conduct that outlines these consequences in detail.

Transferring can be a game-changer. If you’re moving from one four-year school to another, you might have to sit out a year before you can play. But there are exceptions, like if you’re moving down a division level or if you’ve graduated and still have eligibility left. Community college transfers have different rules, often allowing you to play right away. It is always best to check with the compliance office at your new school to get the full picture.

If you’ve played professionally or semi-professionally, it could affect your eligibility. NCAA rules usually say that if you’ve competed with professionals, received payment beyond actual and necessary expenses, or signed a contract with a pro team, then your college eligibility could be on the line. It’s on a case-by-case basis, better to check with your school’s athletic compliance office.

To keep playing your sport, you have to follow your university policies in this matter. Most colleges follow the NCAA rules, which generally mean you need to maintain a certain GPA (usually around a 2.0 or higher). Plus, you’ve got to keep making progress toward a degree, which means passing a certain number of credits each year. Don’t forget, these requirements can vary depending on your school and the division level of your sport.

A standardized IEP helps ensure consistency and understandability across different teams and locations. It should follow the student and provide a complete picture of their needs no matter where they are.

A Functional Behavior Assessment (FBA) in special education is a process used to understand the purpose or function of a specific behavior exhibited by a student. The primary goal of an FBA is to identify the reasons behind a student’s challenging behaviors, especially when these behaviors impede learning or social interaction. It involves several key steps:

The FBA process is collaborative, involving educators, specialists, and parents, and is crucial for creating an effective Behavior Intervention Plan (BIP) that meets the student’s unique needs.

Reverse inclusion refers to the practice of including general education students in special education classes. This approach has started to gain some attention as school districts become more considerate of the universal needs of all students. However, there is still a divide in many schools where students who require special education are often set aside, resulting in a need for improved inclusivity.

When a child’s behaviors are significantly interfering with their learning, two things should happen. The IEP team must conduct a functional behavior assessment (FBA), and a behavior intervention plan should be in the process of being completed.

Educational and related services should be delivered in an environment that meets the child at their level. This could be a general education classroom, a special education setting, or another appropriate learning environment agreed upon by the IEP team.

If the parent of a child with disabilities still needs assistance after an IEP meeting, they can reach out to an advocate or someone who can come to the table with you. These experts can help analyze the data, look at the evaluations, and provide professional recommendations to you and the school-based team.

In such situations, parents can call for a new IEP meeting. The previous agreement is not the end, and parents can navigate through the situation with the help of special education advocates.

Two effective ways to address any disagreement are to request for the hard data used in creating the narrative, and to list your concerns in the parental concern section, which the IEP team needs to respond to.

If a parent disagrees with the information presented in the present levels section of the Individualized Education Program (IEP), they can ask to see the documentation that was used to create that narrative. If they still disagree, they can note their concerns in the parental concern section. The IEP team is required to respond to these concerns.

It can be difficult, but not impossible to contest some of the information, placement decisions, etc. However, parents should be aware that the school might make it seem like it’s binding. At any time, a new IEP meeting can be called.

No, parents should not sign the document at the end of the meeting before they’ve had a chance to review everything. They need to ensure that all of the information that was discussed at the meeting is reflected in that IEP and in the prior written notice.

Yes, it is possible. After the FBA is completed and if it leads to a behavior intervention plan, the goals set by this plan can be pursued within a general education setting. It depends on how the behavior intervention plan is written and implemented, and who is in charge of data collection and ensuring the fidelity of the plan’s implementation.

If a student requires more support, the school might consider moving the student to an alternative setting with special education students. This is referred to as “Reverse Inclusion”. However, it’s important not to leap from a general education setting to a more restrictive setting without exploring the continuum of services in between.

Parents have the right to disagree and there are steps to come to an agreement. States offer a state-facilitated IEP, mediated by an objective third party. If no resolution is reached, then the due process complaint procedure is followed.

The continuum of services in special education refers to the range of support options, environments, and settings available to meet the needs of students with disabilities. It starts from the Least Restrictive Environment (LRE) which is a general education class with no support, to the most restrictive, which is receiving education in home or hospital settings. In between these extremes, there are other options such as co-teaching classes, special education classes, or having a one-on-one aide. The choice of service depends on the student’s unique needs and should be decided by the IEP team.

By law, a student with a disability is required to be included in the general education setting to the maximum extent possible. This inclusion is considered a powerful and positive influence, helping students to be with their friends, be part of their community, and to be accepted. This can include the need for adaptive equipment or assistive technology to access the curriculum, training for staff, students, and parents, peer tutoring at school, and one-on-one aides.

A one-on-one aide in Special Education refers to a professional, often a paraprofessional, who is assigned to support a single student with disabilities. THe purpose of this individualized support is to provide personalized attention to address specific challenges the student might face in a classroom setting. The aide makes sure that the student gets the required support, modifications, and accommodations in their education and participates in classroom activities. Although the effect of a one-on-one aide on a special child can be positive, it is a very restrictive model, which might not be suitable for every student. There should be sufficient data showing that a student requires this level of one-on-one assistance. Before moving to such a model, one should explore other possible supportive services or arrangements that might be beneficial.

SDI involves adapting the content, methodology, and delivery of instruction within the classroom. It is specifically tailored to meet the unique needs of a child with a disability.

A 504 plan is tailored to provide accommodations to a child with a disability that change how they learn. It does not change the validity of the curriculum but focuses on how the content is presented to the student. On the other hand, An IEP may involve modifications to the curriculum, altering the content itself to better suit the student’s abilities.

Accommodations change how a student learns the material while modifications change the level of the material. An accommodation could be allowing a student to give an oral answer instead of a written one. A modification, on the other hand, might involve providing a student with material at their reading level, even if it’s lower than their grade level.

Related services in special education include a range of support services that assist a child with a disability in their education. They can be adapted to the specific needs of the student, aiding their ability to participate in school activities alongside their peers. These support services can include speech and language therapy, audiological services, psych services, physical therapy, occupational therapy, counseling services, rehabilitation services, orientation and mobility services, medical services, school health services, school nursing services, social work services, adaptive physical education, recreational services, and transportation.

Yes, Goals can be modified through team discussions and agreement. Changes can be made at any time to better suit the child’s needs. This could mean increasing a goal that’s been achieved early or changing a goal that’s proving too challenging.

If a child does not achieve their goals, the IEP team discusses the situation and determines the best course of action. This can involve considering whether the goal is appropriate or whether any supplementary aids or services need to be implemented to help the child achieve their goal. The goal can be adjusted as needed.

When a child achieves their goal early, the case manager contacts the parents to discuss the progress. The parents need to approve any changes and these are reflected in a prior notice and in the Individual Education Plan (IEP) document. The goal can be removed if it has been achieved, or it can be adjusted if the team decides to work towards a higher level.

Data collection could be done by various individuals including the classroom teacher, the special education teacher, or related services providers. The person responsible should be identifiable from the way the IEP goal is written.

Parents should contact their school if they are not receiving IEP progress reports. These reports provide important updates on the child’s progress towards their IEP goals.

Data for IEP goals should be collected throughout the year, possibly through various methods such as curriculum-based assessments or work samples. This data collection should be conducted according to the schedule outlined in the IEP.

Goals in the IEP should be SMART: specific to the child’s needs, measurable, achievable, relevant to the child’s education, and has a clear timeframe for when it should be achieved. The goal should clearly state how the student will demonstrate their skills or behaviors, who will collect the data, and how it will be compiled and analyzed. These goals provide a clear path forward and allow for tracking of progress throughout the year.

Every IEP should be “stranger ready”, meaning that it should be understandable to someone unfamiliar with the child or school. It should provide a clear picture of the child’s current functioning level, their goals, their needs, and how data has been used to inform decision making.

The specifics of how often and in what way a child’s progress is monitored regarding their IEP goals are outlined in the IEP itself. Typically, progress reporting is sent to the parents along with their child’s progress reports or report cards.

A transition age, either 14 or 16 depending on the state, is when students begin participating in their IEP meetings. At this age, the school is required to start inviting the student to their IEP meetings, though whether or not the student attends is a family decision.

At the conclusion of the IEP meeting, the local education agency is required to give the parent some type of notice of Recommended Educational Placement or Prior Written Notice. This document reviews everything that was gone over at the IEP meeting and lays out any changes, proposals, denials, and decisions. Parents should review this document thoroughly to ensure it accurately reflects the meeting discussions and decisions before signing it.

If the parent is in agreement to meet in that very short time frame, they may attend in person, via Zoom or via telephone. If the IEP is about to expire, an extension can be issued with a prior written notice sent to the parents.

Yes, according to the Individuals with Disabilities Education Act (IDEA) regulation, a parent is entitled to have a representative who is knowledgeable about their child’s disability to support them at any IEP, 504 meeting, and even up through manifestation determinations.

The local education agency representative is the decision maker and can be a school principal, a supervisor of special education, or a director of special education. They have to be able to make decisions regarding resources and say yes, we can provide this resource.

Required team members for an IEP meeting include the local education agency (which could be a school principal or a supervisor of special education), the parent, the student (if applicable), special education teacher, general education teacher, and all related service providers (e.g., speech therapist, occupational therapist).

If the school doesn’t plan an IEP meeting in advance and only gives a short notice, you have several options. First, if you are in agreement, you can attend the meeting in person, via Zoom, or by telephone. If the IEP is expiring within a short period, for instance, in five days, an extension can be issued through a prior written notice sent to you, extending the IEP’s end date.

If schools do not follow the rules when it comes to IEP meetings, special education advocates can hold them accountable, including identifying violations of the ADA, IDEA, and Section 504 of the Rehabilitation Act. Parents can also voice their concerns and seek legal counsel if necessary.

No, an IEP meeting cannot be held without the parents. Parents are a vital member of the IEP team, and their participation is valued and necessary.

If the proposed time for the IEP meeting does not work for the parents, they have the right to contact the school to reschedule. It’s crucial that parents play an active role in the development of their child’s IEP.

An IEP meeting should be attended by the parents or guardians of the child, the child (if of transition age), the case manager, the LEA representative, and any other relevant members of the school team, such as teachers or therapists.

When planning an IEP meeting, factors such as the student’s transition age, necessary accommodations for parents, assessment data, student goals, assistive technology considerations, and assuring attendance of required IEP team members need to be taken into account.

Parents are an essential part of the IEP team and play a vital role in the decision-making process regarding the level of support their child may need in terms of the continuum of service. They have a right to participate, voice their concerns, and weigh in on the decision about the services their child needs.

The parental concern section provides a space for parents to list any concerns they have about their child’s IEP. It’s not just a place to list concerns, the IEP team is also required to respond to these concerns and address them.

The age of 18 does not automatically end an IEP. Students with IEPs are eligible to be educated up to the age of 21 or in some states, 22. You should still be getting all information regarding your child’s education, credits, and IEP progress.

If there’s any disagreement about the scheduling of the IEP meeting, parents should keep all hard copy documents, phone records, and other evidence that they have attempted to advocate for their child. Understanding district, state, and federal laws governing special education will also be beneficial.

Parents or guardians are vital members of the IEP team and their participation is valued and necessary. Parents have the right to inform the school if the assigned day and time for the IEP meeting do not work for them and request a rescheduling. It’s imperative for them to play an active role in the development of their child’s IEP. An IEP meeting cannot be held without the parents in attendance.

At K Altman Law, our special education advocates work with families all over the country to secure quality education for children and young adults, regardless of ability or disability. They can support families in a variety of situations, such as confirming district decisions and processes at IEP meetings, handling a crisis where a child is facing suspension, expulsion, or being recommended for alternative placement, and identifying violations of the ADA, IDEA, and Section 504 of the Rehabilitation Act. They interpret evaluation data, provide professional recommendations to school teams, offer best practices to address the child’s individualized needs, and hold schools accountable for doing what is right for children.

An IEP is a time-sensitive document that is typically valid for one year from the date of agreement. It outlines the start and end dates of services, and when the IEP goes into effect. For example, if an IEP agreement was made today, the IEP would start tomorrow and end one day prior to a full year.

An IEP includes several key legal components: current educational status of the student, goals, progress monitoring, related services, accommodations and modifications, the time and setting of services, transition planning for students above 14 or 16 years old, and the recommended learning placement. These components are required by the Individuals with Disabilities Education Act (IDEA).

The IEP timeline begins about two months before the expiration date of your child’s IEP, when you should expect to get communication about scheduling the meeting. Three weeks prior to the meeting, the school team sends out invitations to all of the required members. Two weeks prior, all assessments and information results should be available. About a week before, a draft of the IEP should be developed. The Local Education Agency or case manager ensures that all necessary members can attend the meeting. If your child is newly identified as having a disability, the IEP meeting must occur within 30 days of this identification.

A child qualifies for an IEP if they have a documented disability (either a clinical medical disability or an educational disability as shown through evaluation), the disability adversely affects their access to education, and they require specially designed instruction to access their education along with their non-disabled peers.

The IEP process begins with determining a child’s eligibility for an IEP under IDEA regulations. Three key questions are asked: Does the child have a disability? Does that disability adversely affect their access to education? Does the child require specially designed instruction? If the answer to all these questions is yes, the child is considered eligible for an IEP under IDEA regulation.

An IEP, or Individualized Education Program, is a document developed for each public school child who needs special education. The IEP is created through a team effort and tailored to the individual student’s needs.

Navigating a Title IX case can be overwhelming and confusing for students. That’s where a Title IX attorney comes in. From providing legal advice to representing you during the Title IX investigation and live hearing, a Title IX attorney can be an asset in defending your rights and achieving the best possible outcome. At K Altman Law, we specialize in Title IX cases and have a team of experienced Title IX attorneys who can guide you through the process. 

What is a Title IX lawyer?

A Title IX attorney is a lawyer who specializes in Title IX law and represents individuals who are involved in Title IX cases. This law covers a wide range of issues, including sexual harassment, assault, and sexual misconduct in educational institutions. A Title IX attorney can provide legal advice, guidance, and representation to students. They also represent educational professionals, and other parties who are involved in a Title IX case. They can help their clients understand their rights and options, navigate the complex legal system, and advocate for their interests.

Common Challenges Faced by Students

Before we dive into what a Title IX attorney can do, let’s first address some common challenges that students face when dealing with a Title IX case. These can include:

Lack of Knowledge

Many students are unfamiliar with Title IX laws and regulations, and they may not know their rights or what to expect during the investigation and hearing process.

Emotional Distress

Being accused of sexual misconduct can be emotionally distressing for students, and it can be challenging to navigate the process while dealing with these emotions.

Biased Investigations

Title IX investigations can be biased, and students may feel like they are not being heard or that the process is unfair.

Lack of Support

Students may feel like they don’t have anyone on their side or that they are alone in the process.

How K Altman Law Can Help?

The attorneys at K Altman Law are Title IX specialists who can provide students with comprehensive legal services to overcome their challenges in Title IX cases. Here are some ways in which K Altman Law’s attorneys can help:

1. Legal Advice and Guidance

Our Title IX attorneys can provide students with legal advice and guidance on Title IX issues, including their rights and options, the investigation and hearing process, and potential outcomes. We can also help students understand the nuances of Title IX law and how it applies to their situation.

2. Representation

Be it a Title IX complainant or a respondent, our Title IX attorneys can represent students throughout the Title IX investigation and hearing process. We can help students prepare for interviews, provide guidance during the hearing, and advocate for their interests. We can also help students challenge any adverse decisions or outcomes.

3. Evidence Gathering

At K Altman Law, we help students gather evidence to support their defense. We can work with students to identify witnesses, gather documents, and conduct investigations that can help build a strong defense.

4. Defense Strategies

We can develop Title IX defense strategies that are tailored to the unique circumstances of each case. We can challenge the credibility of the accuser, argue that the conduct in question was not sexual misconduct, or challenge the process as biased or unfair. We can also negotiate settlements or file appeals if necessary.

5. Emotional Support

Going through a Title IX case can be emotionally draining for students. At K Altman Law, emotional support and guidance throughout the process, ensuring that students feel supported and heard.

Contact K Altman Law today to schedule a consultation

K Altman Law offers nationwide legal representation to students in Title IX cases. We have decades of experience representing and protecting student rights. Our dedicated team of Title IX attorneys, student advisors, and consultants can help you defend your rights. Schedule a consultation with K Altman Law today by contacting us at 888-984-1341 or kalonline@kaltmanlaw.com

Being accused of sexual misconduct is an alarming experience. You may not know the origins of the allegations. It is more than likely that a person you are close to made the Title IX allegations. Under Title IX, you must undergo an investigation. If you are found guilty, you may face severe penalties. Suspension and expulsion are the two most common sanctions enforced against those found to have committed sexual misconduct. Also, you may face public shame and ridicule even if you are found not to have committed sexual misconduct.  

It’s important that you remain calm and focused if you discover you are facing allegations regarding a Title IX violation. Remember that you should focus on taking one step at a time throughout the Title IX process. The following are some of the things you should do if you are accused of a Title IX violation. 

Maintain Your Normal Life 

You need to focus on staying calm and relaxed during this stressful time in your life. You should try to seek medical treatment if you are experiencing severe depression or anxiety. It is also important to maintain a regular routine. Attend class, play sports, and enjoy the hobbies you had before you were the subject of a Title IX investigation.  

Stay in contact with family and friends while you are going through the Title IX process. Supportive people can help you think long-term about the Title IX action and the importance of your education.  

Speaking With Witnesses 

Create a list of potential witnesses who may be able to help you and your student defense lawyer. Both character witnesses and fact witnesses may be helpful during Title IX cases. Fact witnesses recall first-hand accounts of what occurred during a specific place and time. Even second-hand accounts are permissible in Title IX cases. A witness who only heard about a fact may testify.  

Character witnesses testify regarding a party’s reputation and behavior. An individual who has known you for a long period of time will be a good character witness. It is important to identify any witnesses who may contribute to your Title IX case.  

Collecting Evidence 

Do not take it upon yourself to investigate every aspect of your Title IX case. You can take steps to make sure you have a robust defensive strategy regarding the allegations you are facing.  

Collect any items of physical evidence concerning the events related to your Title IX case. You should also collect documentary evidence related to the Title IX investigation. Examples of important items of evidence include video recordings, photographs, and articles of clothing.  

You should not destroy evidence out of fear that it will harm your case. A student defense lawyer can help you determine which items of evidence will be useful to your case. You can keep a journal that describes how the Title IX case is affecting you. Also, consider writing down a timeline and list of facts regarding your case.  

Do Not Speak to the Complainant

Do not speak to the complainant under any circumstances. Universities and colleges typically demand that the complainant and respondent not communicate during the Title IX investigation. Although you may want to speak with the complainant, you must refrain from contacting them. Do not call, text, or otherwise communicate with the complainant in your Title IX case.  

You cannot assume that the person who asserted a Title IX complaint against you is trustworthy. The complainant may accuse you of harassment if you contact them. A complainant may even request a no-contact order to prevent you from even being physically near them. Do not send messages to the complainant through other people, and do not speak to the complainant on social media applications.  

Do Not Speak to Others 

Speak to your family and a close friend about the Title IX investigation, but no one else. Speak with your student defense lawyer before you contact anyone about your Title IX case. You should not discuss the facts of your case with anyone except your student defense lawyer, your parents, and a close friend.  

You may believe that the university or college you attend will help you, but it is important for you to realize that the university or college will protect its own interests. Do not speak to the school or the media. A student defense lawyer will help you deal with every aspect of your Title IX case.  

Talk to a Student Defense Lawyer

If you are being investigated under Title IX, it is important to retain an experienced student defense lawyer as soon as possible. Title IX cases involve many different parties and legal issues. By retaining a skilled student defense lawyer, you are doing the best thing for your academic career and your future.  

Yes and no, schools usually have policies to keep things confidential about the person who files a sexual harassment complaint, including the identity of the complainant and the details of what happened. Like during the investigation, the school might use fake names in the paperwork or keep the circle small on who knows who’s talking. 

But here’s the thing, keeping it all confidential is not always the case. Some information may need to be disclosed to ensure a fair process for the accused. Like, the accused has to know the details of what they’re being accused of and who’s involved so they can prepare for their defense. So, the school has to keep a balance between the complainant’s confidentiality and the accused’s rights under Title IX due process to confront their accuser. 

Now, how confidential the school can stay about the complainant can change depending on their policies and the circumstances of the case. Some schools might be highly strict with keeping things quiet compared to others. And it gets even more challenging if the complaints escalate to a public hearing or a court case. 

This is where having a Title IX lawyer in your corner makes a ton of sense. They can break it down for you – how schools usually handle confidentiality in sexual harassment cases and what it means for you. They’ll help you get the picture of your rights, what could go down if you file a complaint, and how to go through it all while trying to keep your privacy as much as possible. 

Yes, if you experienced sexual harassment, you could file a Title IX complaint at your school without going all legal about it. Maybe you need immediate help and protection which your school offers, or you’re trying to avoid the court way because of the legal challenges you might face, like, you’re concerned about retaliation, not being believed, or don’t think you got enough proof, or just want to keep things on the down-low. Schools have procedures for handling sexual harassment under Title IX, independent of the criminal justice system. Your Title IX lawyer can be your guide, showing you how to report this incident at your school through the school’s reporting system. 

If you’re dealing with sexual harassment on campus, first things first – make sure you’re safe and get some support. Report the incident to the campus security or the local police. Don’t forget to keep a record of everything that happened and, if needed, get checked out medically. After that, consider talking to a Title IX lawyer to understand your rights and help you figure out your next moves, like filing a Title IX complaint and facing the legal challenges of formally reporting this incident of sexual harassment. Stay sharp and know your rights!