Frequently Asked Questions

Attorney Phillip Cohn represents children and adults with ADD / ADHD in education and criminal matters throughout Connecticut and New York. Mr. Cohn has a unique sensitivity to helping children and adults with ADD / ADHD and he understands the unique special challenges these individuals face in the schools and courts. Mr. Cohn is skilled in identifying problems, proposing remedies, and negotiating solutions to protect children and adults with ADD / ADHD. Attorney Cohn knows the Connecticut and New York school systems and courts, and how to protect children and adults with ADD / ADHD. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need.

With today’s strict zero tolerance policies in the schools, student suspensions are on the rise. Police officers work in many schools and children can be suspended when they are accused of various offenses both on and off school grounds. There are numerous reasons schools can find to suspend a student, many of which may seem unfair and discriminatory. If your child is facing suspension from school, the public school district must comply with certain requirements. For example, prior to imposing a suspension, public school administrators must inform the student of the reasons for the disciplinary action and give him/her an opportunity to explain the situation (referred to as an informal hearing). Also, the public school must provide students who are suspended with an opportunity to complete any missed class work including examinations. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need to protect your child’s rights and school record.

School disciplinary actions generally involve school suspensions and/or expulsions. The main difference between school suspension and expulsion is the amount of time a student must stay out of school. A suspension may last for up to ten days, but an expulsion may last for up to one year.
A student must be expelled from school if the expulsion board finds there is reason to believe that the student (1) possessed certain weapons on school grounds or at a school-sponsored activity; (2) carried such a weapon off school grounds without a permit or used it to commit a crime; or (3) sold or distributed, or tried to sell or distribute, illegal drugs on or off school grounds.
In addition to weapons and drug-related misconduct, a student may be expelled if his or her conduct on school grounds or at a school sponsored activity (1) is dangerous to people or property, (2) seriously disrupts the educational process, or (3) violates a publicized school board policy. A board may also expel a student for misconduct outside school if it both violates a publicized board policy and seriously disrupts the educational process.
Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need to protect your child’s rights and school record.

Children in need of special education are protected by state and federal law. If a child is identified as in need of special education, the school district must develop a written individualized education program (IEP) for the child which includes related services. Special education is defined as “specially designed instruction at no cost to the parents to meet the unique needs of a child with a disability.”
Related services are a variety of supportive services to assist a child with a disability and may include psychological services / counseling, speech services, physical and occupational therapy, and assistive technology and transportation. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need.

Legal actions against public school districts often surround special education matters. Disputes in special education cases may arise.
(1) if a parent disagrees with the school district’s evaluation of the child or its position regarding an independent evaluation.
(2) if a parent disagrees with the school district’s identification of the child.
(3) if a parent disagrees with the program and/or placement of the child. When special education disputes occur, the parent may elect to exercise due process by filing a written request for mediation and/ or an administrative due process hearing. If the parent disagrees with the results of a hearing, the case may be appealed to state or federal court. Parents are required to exhaust administrative remedies before they can file a case in state or federal court. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need.

Students facing school expulsion are entitled to legal representation in their expulsion proceedings which are conducted as formal hearings before local boards of education or hearing officers. Students facing school expulsion have:
The right to a hearing, except in cases of emergency, such as where a student may pose a danger to self or others if the student remains in the educational environment.
The right to a written notice at least five days before an expulsion hearing. The notice must explain which rule the school believes the student broke and what the student actually did to break the rule.
The right to explain the student’s side of the story which includes the right to present evidence such as documents and testimony from witnesses.
The right to question or “cross examine” any of the witnesses the school may present to support its case for expulsion.
The right to get, in advance of the hearing, a complete set of all documents that the school will be presenting at the hearing as well as any written statements by school staff, witnesses, etc. In addition, the parent should ask for a complete copy of the student’s entire school record as there may be helpful information within these records, such as the student’s grades, attendance, and history of any past disciplinary action.
Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need. Attorney Cohn can work with school officials to try to get the expulsion waived or shortened, especially if your child has good grades and no previous discipline issues. If the school is seeking to remove your child for the school year, it is often possible to negotiate a shorter period of exclusion with review after a fixed time period.

Attorney Phillip Cohn represents children in school disciplinary matters throughout Connecticut and New York. Attorney Cohn will work with school officials to try to get the suspension or expulsion waived or shortened, especially if your child has good grades and no previous discipline issues. If the school is seeking to remove your child for the school year, attorney Cohn will strive to negotiate a shorter period of exclusion with review after a fixed time period. He will also work on your behalf to protect your child’s cumulative education record and obtain alternative educational opportunities for your child during exclusion from school. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need.

Parents have the right to have their child identified and evaluated by the school district. Under certain circumstances, parents also may have the right to independent outside evaluations. Parents are entitled to attend any planning and placement team meetings (PPTs) which are scheduled to identify their children, to review evaluations, to develop or modify the child’s program, or to terminate services. Parents also may seek placement in a private school if such placement is necessary to meet the child’s unique needs. Parents may challenge school districts’ decisions by exercising their right to due process and filing a written request for mediation and/ or an administrative due process hearing.
If the parent disagrees with the results of a hearing, the case may be appealed to state or federal court. Parents are required to exhaust administrative remedies before they can file a case in state or federal court. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need.

Students facing school expulsion are entitled to legal representation in their expulsion proceedings, which are conducted as formal hearings before local boards of education or hearing officers. In a hearing, the student has the right to (a) have a lawyer present; (b) present his or her side of the story, including mitigating factors, witnesses to the incident and character witnesses; and (c) cross-examine the victim/accuser and witnesses. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need. day to ask questions about your unique situation and to get the help you need.

A school district must include a student’s expulsion in his cumulative educational record. Unless the expulsion is for carrying a dangerous weapon or selling or distributing illegal drugs on school grounds or at a school-sponsored activity, the expulsion must be expunged from the record if the student (1) is neither expelled nor suspended for two years after his return to school or (2) graduates.
Students facing school expulsion are entitled to legal representation in their expulsion proceedings which are conducted as formal hearings before local boards of education or hearing officers. Legal representation is important because your child’s future is at stake and you need to ensure that your child receives a fair opportunity to be heard and defended. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need. Call today or visit www.mychildsrights.com.

Students facing school expulsion are entitled to legal representation in their expulsion proceedings, which are conducted as formal hearings before local boards of education or hearing officers. Legal representation is important because your child’s future is at stake and you need to ensure that your child receives a fair opportunity to be heard and defended. Legal counsel can work with school officials to try to get the expulsion waived or shortened, especially if your child has good grades and no previous discipline issues. If the school is seeking to remove your child for the school year, it is often possible to negotiate a shorter period of exclusion with review after a fixed time period.
Legal counsel can also work on your behalf to obtain alternative educational opportunities for your child during exclusion from school. Contact Attorney Phillip Cohn today to ask questions about your unique situation and to get the help you need.

240-girl.png

Chat Support

Support Community

Send us a message

3 Comments

  1. Sandra Joseph on March 22, 2012 at 8:46 am

    I need to obtain some general information in regards to filing a civil suit against my daughters school.



  2. nina harrison on May 2, 2012 at 2:11 am

    My daughter is being harrassed by a nurse at her school and i cannot have a sit down with her nor the principles. I sent an email out to the school board and now what should I do?



  3. need a consultation for my son he was assaulted by a school teacher at school. Spoke with a civil lawyer to represent my son lawyer can’t didn’t say why. My son was injured physically, and emotionally I have info pertaining to my son please get back to me and my son .



Leave a Comment

You must be logged in to post a comment.