The Initial Interview
When first speaking with the student and his or her family, either over the phone or in person, it is essential to gather the following information:
- the procedural stage of the case (initial hearing, superintendent review, board of education review, judicial review);
- basic demographic information on student, including age, grade, school, school district, and whether student has been identified as a child with special needs receiving special education services;
- a copy of the suspension notice;
- a detailed description of the incident, including:
- narrative of the incident and the events preceding and following it
- location of incident
- other persons present – before, during, and after – the incident
- other potential witnesses, including their contact information;
- available details about the school’s investigation, including whether the student or other persons provided written statements;
- the details of any meetings or conversations regarding the incident with school personnel;
- the process followed by the school before imposing the disciplinary action;
- whether the student or parent requested a hearing;
- the date of the hearing, if scheduled;
- applicable deadlines for appeal;
- the student’s Twitter account, Facebook account, and access to other on-line accounts; and
- potential character witnesses.
Before the student and his or her parent leave the attorney’s office, the parent should sign a Release of Confidential Information addressed to the school, agreeing that the school can release the student’s school records to the attorney. View a sample Release of Confidential Information.