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.