Student Participation In Public School Athletics Programs

Public school athletic programs are not constitutionally protected rights for students. This does not mean, however, that public schools can arbitrarily refuse a student’s participation in these programs.

What Aspects of Student Participation In Public School Athletics Programs Are Protected By Law?

The following aspects of student participation in public school athletics are protected by law:

• A student’s opportunity to participate in athletics may be protected under the Constitution’s equal protection clause.
• If students wish to participate in athletics, they may request that their application be reviewed under constitutional rules.
• Some state constitutions protect students’ participation in athletics as a property right.
• Students’ privilege to participate in athletics may be protected under contract law if the right stems from a contractual agreement, like a scholarship or from student handbooks.

However, a student’s right to participate in public school athletic programs has varying degrees of protection.

Do Parents Have Any Rights To Have Their Children Participate In Public School Athletics Programs?

In general, no. Children may wish to participate in public school athletic programs, but their parents cannot force them to do so.

Do Private Or Home Schooled Students Have a Right to Participate in Public School Athletics Program?

In most cases, no. Home-schooled students are typically not required to attend public schools.

What Are Some Legitimate Reasons that a Public School May Use to Deny A Student From Participating in School Athletics Programs?

Schools may use these reasons for banning a student from school athletics:

• Academic standards;
• Alcohol & drug possession and/or consumption;
• Conduct;
• Morality; or
• Public health and safety.

Furthermore, these standards must be applied equally and fairly to all students.

What Legal Systems Are Involved in Suing a Public School or School District?

As parents, it is vital to understand what rights an individual and their child has so that, if necessary, they may defend their child’s right to be educated in a safe school environment.

There are generally only a few circumstances in which an individual has the right to sue a school or school district.

In determining a parent’s rights against a public school or school district, different areas of law are involved, including:

• Administrative law;
• Civil law; and
• Criminal law.

The administrative laws govern the activities of government agencies, including schools. Most agencies have boards, commissions, or other types of tribunals that adjudicate matters under administrative law. Administrative courts are composed of experts in a particular field and only decide matters within the field by applying the agency’s policies and guidelines.

Whether it is civil or criminal law, it is handled by a court, and a judge or jury presides over it. These laws cover criminal offenses and personal liability.

Before filing a civil lawsuit, an individual must file a complaint against the responsible parties. The requirements for filing such complaints vary by state. Certain states also require a notice of claims, which is a statement that identifies an individual’s legal cause of action, such as discrimination or failure to prevent injury.

What Parties can be Sued at a School or School District?

In any given case, the appropriate person to sue depends on the specific facts. As long as there are grounds for a legal claim, almost any responsible individual or entity may be sued for a child’s damages.

Children’s damages have led to lawsuits against the following individuals:

• Principals;
• Teachers;
• Coaches; and
• Guidance counselors.

A school may also be vicariously liable for the actions of its employees. According to vicarious liability laws, one individual or entity may be held liable for the actions of another individual. Vicarious liability claims follow a separate and more complex procedure.

As a governmental entity, a public school may be able to claim limited governmental immunity. Each state has its own set of immunities. School districts, including public schools, are protected from claims arising from situations caused by the nature of their work by government immunity.

It is important to consider the facts of each case when determining whether a school or school district will be granted immunity. A claim of immunity may be defeated, for instance, if the facts show serious negligence or willful misconduct.

When Must You File Your Initial Complaint?

Before filing a lawsuit, an individual must exhaust all administrative complaint processes with the school and school district. Many of the policies that apply to discipline, safety, bullying, and other issues are developed at the school district level, which is one of the main reasons for this process.

A school district’s administrative complaint deadline varies according to school law. As a result, an individual should determine the deadline of their school district as soon as possible after an incident occurs.

After a complaint is filed, an investigation is usually conducted. Many administrative complaints can be resolved without filing a lawsuit. It may be necessary for an individual to file a formal lawsuit against the responsible parties if this is not possible.

Public schools are generally sued for issues such as:

• Failure to comply with disability laws;
• The improper application of discipline; and
• Failing to protect a child against bullying by another student.

Can You Sue Regarding Special Education and Students with Disabilities?

Students who require special education and students with disabilities have certain rights in relation to schools. The Individuals with Disabilities Education Act (IDEA) provides that children who qualify and have a disability are entitled to free and appropriate education, including playing sports.

Public schools must evaluate children to determine if they meet this qualification.

Schools must provide specialized services and instructions to children who meet the requirements. It is grounds for complaint if a school does not comply with the IDEA.

What if There has been a Violation Involving Student Discipline?

Appropriate student discipline usually includes:

• The refusal to permit a child to participate in a school-sanctioned activity, which may include sports or clubs;
• Detention;
• In-school suspension;
• Out-of-school suspension; and
• Expulsion.

If an individual believes their child has been improperly or unfairly disciplined, they may file a complaint against the school and seek a reversal or erasure of the discipline.

Students may be expelled if they engage in inappropriate behavior that the school board deems inappropriate, such as:

• The use of drugs or alcohol on campus;
• Fighting with another student; and
• Causing severe disruptions to the learning environment.

If an individual believes their child has been given an improper expulsion, they may file a lawsuit against the school and the school district for damages. A student may also request an order reversing the expulsion and preventing it from being recorded.

Should I Contact a Lawyer?

Suppose you have questions regarding your rights or believe you have been denied your right to participate in a school athletics program. In that case, you may want to contact a family lawyer experienced in education and schools. Any appeals or administrative hearings you might need will be handled by an experienced attorney.

For any legal issues involving public schools and school districts, an experienced attorney is essential. School districts and schools may be difficult to sue, given the limited circumstances in which they can be sued. Additionally, most government entities are immune from lawsuits.

If necessary, an attorney can review your case, determine what claims you may have, and represent you in court. Most school districts have attorneys on staff to defend them against lawsuits. The best way to protect your children’s rights in school is to have an attorney on your side.