Archive For The “Student Rights” Category

Diabetes, Microwaves, and 504

By Matthew Stoloff, Esq. | January 30, 2012

I previously blogged about food allergies and special dietary needs in school. In that post, I discussed that when a student has special dietary needs, she may qualify for a 504 plan. A number of extremely helpful documents are linked in that blog post. In a recent case in New York, a pro se parent [...]

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Student Rights in the Internet Era

By Matthew Stoloff, Esq. | June 20, 2011

On June 13, 2011, the U.S. Court of Appeals for the Third Circuit issued two very important decisions affecting student rights. In both cases, the students created a fake profile on a social networking site which cast an unfavorable light on the students’ school principals. The students created these profiles off-campus. In both cases, the [...]

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What Are My Rights?

By Matthew Stoloff, Esq. | March 29, 2011

From time to time, I receive brief telephone messages on my answering service or a brief email from a concerned parent of a special needs child who is only interested in learning the answer to a single question: “What are my rights?” The answer to the question, “What are my rights?” cannot be given until [...]

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Developing Effective Anti-Bullying Programs

By Matthew Stoloff, Esq. | December 8, 2010

In a previous blog entry, I explained that cyberbullying is a complex issue because it involves off-campus, online speech. Furthermore, when a school suspends a student for cyberbullying, First Amendment rights are implicated. When this happens, the student and her parents may sue the school district for constitutional violations. Likewise, a school district may be [...]

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Cyberbullying and Freedom of Speech

By Matthew Stoloff, Esq. | December 5, 2010

Cyberbullying a hot topic. But it is also a murky area of law. Not many people can offer a good definition of cyberbulling. The courts are literally struggling with this area because there are so many gray areas and the courts are mindful of First Amendment issues. On the one hand, students have the right [...]

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NJ Anti-Bullying Bill of Rights Act – Part II

By Matthew Stoloff, Esq. | November 28, 2010

In a previous blog entry, I briefly explained the purpose of New Jersey’s Anti-Bullying Bill of Rights Act. I also suggested that Assemblyman Michael Patrick Carroll may have been on to something when he stated that the bill may increase taxpayer liability. If the bill contains language that is vague and overbroad, it will likely [...]

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NJ Anti-Bullying Bill of Rights Act

By Matthew Stoloff, Esq. | November 26, 2010

The New Jersey Anti-Bullying Bill of Rights Act awaits Governor Christie’s signature. The bill passed 30-0 in the State Senate and 71-1 in the State Assembly (with five members abstaining). Two questions: (1) What does the bill do? and (2) Why did Assemblyman Michael Patrick Carroll (R-Morris) vote against the bill? Matthew Stoloff, Esq.Matthew Stoloff, [...]

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Remembering Sophie Lancaster

By Matthew Stoloff, Esq. | November 19, 2010

Goth is a subculture in which people often wear black clothing and listen to a variety of music, including punk rock, heavy metal, gothic rock, and alternative music. Some goth aficionados may also have multiple facial and body piercings, plus a tattoo here and there. Like many of us, goth folks enjoy reading science fiction; [...]

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Six Weeks of Bullying in the News

By Matthew Stoloff, Esq. | November 10, 2010

In a previous blog entry, I discussed the tragedy of gay students who committed suicide in the Anoka-Hennepin school district in Minnesota during the 2009-2010 school year. I also addressed the importance of ensuring the safety of all students regardless of race, sex, disability, religion, or sexual orientation. Prior to that blog post, I wrote [...]

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Off-campus Conduct, Nose Jewelry, and Sexting

By Matthew Stoloff, Esq. | September 20, 2010

In the three weeks since the new school year started there have been a string of news about events affecting student rights in the schools. Three of these issues involved off-campus conduct, nose jewelry, and sexting. Like school dress codes and “no tolerance” policies, off-campus conduct, nose jewelry and sexting will continue to be issues [...]

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