K–12 Edition: What Is a School Lawyer and When Should Parents Call One?

Parents often come to me during moments of fear, confusion, and frustration.

And more times than I can count, I find myself asking the same question:

“Why didn’t you call me before now?”

The answer is almost always the same.

Parents tell me:

  • “I didn’t know school lawyers existed.”
  • “I didn’t know I could hire one.”
  • “I didn’t know the situation was serious enough yet.”

This post is written specifically for parents of K–12 students who may be facing their first serious school issue.

When School Becomes Something Else Entirely

When parents drop their children off at school, they’re thinking about spelling tests, science projects, and who their child will sit with at lunch, not legal battles.

School is supposed to be a safe place.
A fair place.
A place where children learn and grow.

But sometimes, things don’t go as planned.

A disciplinary issue escalates.

Bullying isn’t addressed.
A child with a disability isn’t receiving promised services.
A parent raises concerns and suddenly feels stonewalled or worse, retaliated against.

That’s often when parents realize they’re navigating a system with rules, timelines, and legal consequences they were never warned about.

That’s where a school lawyer comes in.

What Is a School Lawyer?

The term “school lawyer” can be misleading because it refers to two very different roles.

Category 1: School Lawyers for Students, Parents, and Educators

These lawyers represent individuals navigating:

  • School discipline
  • Student conduct allegations
  • Special education disputes
  • Threat assessments
  • Educator-related concerns

This is the category my firm falls into.

Category 2: School Lawyers for School Districts and Institutions

These lawyers represent:

  • School districts
  • Charter schools
  • Colleges and universities

They advise schools on policy enforcement, investigations, and discipline.

A helpful way to think about it:

  • Category 1 lawyers function like defense-oriented advocates
  • Category 2 lawyers advise the institution

When Is the Right Time to Call a Category 1 School Lawyer?

The right time is earlier than most parents realize.

Often, it is the very first phone call or email from a school administrator about an “incident.”

That moment before meetings, written statements, or disciplinary decisions is when guidance can be most effective.

Waiting until after a meeting has occurred can significantly limit options.

When an “Incident” Is More Serious Than It Sounds

Parents are frequently told that an issue is “minor,” “informal,” or “nothing to worry about.”

But many of these situations escalate quickly.

Here are real-life examples of emails or calls parents receive that should prompt a conversation with a school lawyer:

  • A student with no prior history is accused of PDA under a stairwell or on a school bus
    Schools may characterize this as lewd conduct.
  • Kids are roughhousing, and a child accidentally nicks another student with art scissors
    This can be framed as assault.
  • A student jokingly draws pictures involving guns
    Schools may treat this as a terrorist threat.
  • A dare leads to pulling a fire alarm
  • A video made at home during winter break is interpreted as a school threat
  • A text message between students is labeled cyber-bullying

These are not hypotheticals.
They are situations families encounter every year.

Why Timing Matters

By the time many parents call for help:

  • Statements have already been made
  • Meetings have already occurred
  • Disciplinary records have already been created
  • The school’s narrative has already formed

Early guidance does not mean being adversarial. It means being informed, prepared, and intentional.

Final Thoughts for Parents

If a school contacts you about an incident involving your child, pause before responding.

Ask questions.
Seek clarity.
Get legal guidance early.

Sometimes, the difference between a manageable outcome and a devastating one is simply when the conversation happens.

For more information, please sign up here for a free 30-minute evaluation with Goz: