Maya Murphy, P.C.

11/30/2022

Be sure to check out our newsletter for everything you need to know about education law https://conta.cc/3Ugy8XB

Education law Maya Murphy, P.C. EDUCATION LAW NEWSLETTER Everything you need to know about education law!     WANT TO KNOW MORE? For a more in-depth look at education law, be sure to check out our ful

08/24/2022

Academic dishonesty involves any fraudulent act perpetrated by an individual in an academic setting. This encapsulates more than just cheating on a test—in fact, there are 12 different types of academic dishonesty.

While public schools are usually required to have a code of conduct that details the consequences of academic dishonesty, this code of conduct must follow the guidelines set forth by the state education department or local school district. In other words, public schools are not completely free to define their rules as they wish, as all public high schools in one district will generally have the same disciplinary process. Private schools, however, are not bound to state boards of education, and are therefore free to create their own policies.

For more information regarding academic dishonesty and potential consequences, contact Managing Partner Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/31/2022

Private schools are not subjected to Title IX legal requirements, and as such, they can remain single-gender, are not obligated to admit LGBTQ+ students, and create their own policies and procedures regarding sexual assault and harassment. However, public school teachers and administrators are required to uphold a standard of care that ensures students' safety in regard to Title IX. For questions or concerns regarding private schools' responsibilities to uphold a standard of care, contact Managing Partner Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/22/2022

Contracts are agreements between two groups of people, oftentimes a business and a customer, that outline the rights, obligations, and expectations of both parties. Prior to signing a contract, it's important to understand the terms and conditions that are being agreed upon by each group involved. Contact Managing Partner Joseph Maya and the other experienced business law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/21/2022

In Connecticut and New York public schools, it is illegal to sell, possess, or use alcohol and controlled substances at school, including at school-related events. If a student under the age of 21 is determined to possess illegal substances at school, they will face disciplinary measures, ranging from suspension and expulsion to fines and imprisonment. While schools have some leeway when it comes to creating and enforcing disciplinary action, there are certain rules that must be followed when testing a student for drug use. For information regarding the rights of both schools and students when it comes to drugs and alcohol possession, contact Managing Partner Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/20/2022

Being denied 504 or IEP services, or being unsatisfied with the services provided in a personalized education plan, can be a very frustrating experience. However, there are specific procedures that a federally funded school must adhere to when it comes to special education accommodations. For example, if a school does not believe that a student qualifies for an IEP or 504 plan, the educators and administrators present in the meeting must state their denial in writing and explain their reasoning as to why they do not wish to provide services. Additionally, maintaining good grades in the classroom does not automatically disqualify a student from special education services, so academic performance alone is not sufficient evidence to deny such an education plan. For more information regarding IEPs, 504s, and special education, contact Managing Partner Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/19/2022

Estate planning is vital in order to ensure loved ones remain protected and in good hands in the event of a death. When it comes to drafting a will, appointing a power of attorney, and/or designating beneficiaries, the attorneys at Maya Murphy, P.C. are here to help. For any questions regarding estate planning, contact Managing Partner Joseph Maya and the other experienced estate law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/17/2022

School records contain a plethora of information; more than most students suspect. The school in question stores information regarding students' permanent record, which consists of their test scores, progress reports, IQ reports, attendance records, honors, and awards. Schools have access to students' disciplinary records as well, which includes any history of suspensions and expulsions.

In addition to academic and disciplinary information, schools store personal information about their students. This is general information such as date and place of birth, parent/guardian address(es), emergency contacts, student identification codes, picture or social security number, and any special education records and/or evaluations, including any medical records or psychological and psychiatric reports that were sent to the school. Educational records also include any documentation that a third party (such as a state or local education agency, an intermediate administrative unit, researchers, psychologists, or medical practitioners working for or under contract to your school) keeps on a school’s behalf.

Because school records contain detailed, personal information concerning each student, only certain people and organizations are allowed access to such records. School records can, in some cases, be released to school officials, state and local officials, schools to which a student is transferring, parties in connection with student financial aid, specific officials for audit or evaluation purposes, college or job recruiters, officials in cases of health and safety emergencies, and for purposes of a research study. In any event that school records are shared, however, there must be a compelling circumstance or legitimate educational interest that justifies doing so.

For more information regarding the release of school records in Connecticut and New York public schools, contact Managing Partner Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/16/2022

As a U.S. citizen, you have a 4th Amendment right to be protected against unreasonable searches and seizures. For students, however, this right becomes somewhat limited on school grounds, as schools face the challenge of ensuring both individual rights and safety in the classroom. As a result, the question of whether or not your belongings may be searched often falls into a gray area—one that depends on many factors and is frequently decided on a case-by-case basis. Nevertheless, there are certain rights and protections that you should understand in order to protect your constitutional rights. For more information regarding your rights pertaining to in-school searches, contact Managing Partner Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/15/2022

Sexual harassment is a sensitive topic, but sensitivity does not absolve a federally funded school of its responsibilities when a student files a report of such an incident. Federally funded schools are obligated to address all issues of sexual assault, harassment, and discrimination, regardless of whether the complaint is already being investigated by the police, or if the complainant and their family members request for there to be no action taken.

If a student reports a sexual assault or an instance of sexual harassment, or if a student is accused of a sexual assault or an instance of sexual harassment, both parties are guaranteed the right to present their case and are entitled to an impartial investigation, an equal opportunity to present witnesses, and the right to the same appeals process. Both parties have the right to be notified of the time frame in which your school will conduct an investigation, as well as the right to be notified of the outcome of the complaint.

For more information on sexual harassment procedures and the responsibilities of Connecticut and New York public schools in an event of sexual harassment, assault, or discrimination, contact Managing Partner Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.

07/14/2022

With the new school year approaching, it’s important to stay up to date on vaccination requirements within Connecticut and New York public schools. In both states, religious exemptions for required vaccinations are presently invalid; however, medical exemptions are permissible if parents and physicians follow statewide and school-specific protocols. Connecticut eliminated religious exemptions on April 28, 2021 as per the Public Act 21-6 law, but public schools will allow religious exemptions that were validated on or before April 27, 2021. New York students, on the other hand, cannot attend a public school if they are not up to date on required vaccinations, unless they present a valid medical exemption. The COVID-19 vaccine is not required to attend public schools in Connecticut and New York; thus, public school students can decide whether or not they receive the vaccine. For more information regarding vaccine rights and regulations within Connecticut and New York public schools, contact Managing Partner Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. today at (203) 221-3100, or by email at [email protected], to schedule a free initial consultation.