Violations of Law at School

School districts are not permitted to suspend or expel students for any arbitrary reason. There are specific behaviors or categories which allow schools to resort to these disciplinary measures.

Common examples of these behaviors include:

• Assaulting or threatening to assault teachers or other students;
• Continuously engaging in disruptive conduct;
• Possessing drugs, alcohol or weapons;
• Stealing or damaging school property or property of others; and
• Sexual offenses or obscenities.

What is the Liability for Crimes at School?

A statement which is made to a school official may be used against an individual for purposes of suspension or expulsion from school in addition to prosecution in juvenile court. School officials may include:

• Teachers;
• Principals; and
• Counselors.

Can I Appeal School Disciplinary Procedures?

Discipline in schools refers to a broad concept of rules and strategies which are implemented by the schools. Discipline used in education is intended to manage student behavior.

Certain practices also claim to encourage self-discipline on the part of the students. The disciplinary procedures used may vary drastically by school.

What is deemed acceptable discipline will also vary depending upon:

• Whether the school is public or private;
• The state in which the school is located; and
• Various other factors.

Two common forms of discipline include suspension and expulsion. Suspension is one form of student discipline wherein a student loses some of their educational privileges and rights for a certain amount of time.

In general, a student is denied the right to attend classes or to attend school activities. This may be done for a maximum of around one week.

The specific rules which govern suspension will vary depending upon the school district, as previously noted. The majority of schools will suspend a student any time there is good cause for the suspension.

What constitutes good cause will, in general, be any behavior which endangers the health, safety, or emotional well-being of other individuals. Examples of common grounds for suspension include, but are not limited to:

• Assault and battery of a student or school staff member;
• Possession of a weapon, whether real or fake;
• Possession, use, or sale of alcohol;
• Possession, use, or sale of controlled substances;
• Damage and/or theft of school or private property;
• Disruption of reasonable school activity;
• Willful defiance of school authority; and
• Harassing or threatening other students or school staff.

Expulsion occurs when a student is permanently removed from their educational setting due to a serious violation of school rules or policies. The duration of the expulsion varies according to the school district as well as by state.

Although the specifics related to school discipline are dependent upon each specific school or school district, each school district allows for an academic suspension appeal when any sort of student discipline occurs. If the student is denied the opportunity to appeal a disciplinary action, it would be a denial of the student’s due process rights.

Can I have My Parents Present During Questioning by School Officials?

If a student is being questioned regarding a potential violation of the law by a school official, they are permitted to have their parents present prior to any questioning occurring. In addition, they may also either consult with a lawyer following the questioning or retain a lawyer to be present during the questioning.

These rules will apply no matter the situation. At any time during the questioning or prior to the questioning, the student is permitted to have their parents as well as their attorney present.

Can School Officials Lie During Questioning?

The same rules will apply to a school official that applies to a law enforcement officer for the purposes of questioning an individual. School officials are permitted to lie to an individual in order to try and persuade them into incriminating themselves.

Due to this issue, it is a good idea for a student to request their parents, a lawyer, or both, be present during any type of questioning by school officials.

What are the Limits on Discipline in Schools?

Each state has different laws regarding the use of discipline in its schools. There are, however, various principles which are common to all states.

For example, teachers are never permitted to hit a student. In addition, a student’s constitutional rights cannot be altered or taken away, including the following:

• A student has the right to be notified of the rules of the school. This is commonly accomplished by distribution of student handbooks;
• A student has the right to meaningful notice of any charges against them; and
• A student has the right to be heard under proper circumstances. It may be wise to have a lawyer present to protect the student’s rights.

How Can I Appeal a Short-Term Suspension or Detention?

In order to appeal a short-term suspension or detention under student discipline laws, an individual may be able to request a grievance conference. This would be an appropriate step to take if the individual or their parent feels they were disciplined unfairly, but received only a mild punishment, for example, short-term suspension or detention.

The grievance conference would be requested on behalf of the student who was punished. This procedure for mild disciplinary actions is typically less formal than the appeals process for harsher punishments, including expulsion.

The exact procedure may vary but school, but typically involves:

• A conference discussing the incident and punishment which involves the:
  • student;
  • parent or parents; and
  • principal;
• If the parties involved are not satisfied with the conference, they may request a second grievance conference which would be with a designee of the superintendent; and
• If the parties remain unsatisfied, they can then submit an appeal to their district’s disciplinary appeals board.

More serious violations, whether on the part of the student or of the school, may need to be addressed in a different manner.

How Can I Appeal a Long-Term Suspension or Expulsion?

A long-term suspension occurs when a student is suspended for longer than 10 days. If a student has been suspended long-term or if they have been expelled, an individual may wish to appeal this decision.

In general, the majority of school districts will offer some type of method to appeal the disciplinary action. If an individual needs to appeal a more serious punishment, for example, a long-term suspension or expulsion, they will most likely need to:

• Contact the county’s appeals office immediately because there is generally a time limit on how long an individual can wait to file an appeal;
• Submit an appeal to the appeals office following their provided procedures;
• Wait for the appeal to be reviewed by a legal expert, who will evaluate whether the disciplinary action was appropriate under the circumstances; and
• Request an appeal hearing once the legal expert has evaluated the claim.

Do I Need a Lawyer?

The laws that govern education and schools may often be complex and frustrating. If you have any issues, questions, or concerns related to a punishment handed down by a school, it may be helpful to consult with a government lawyer.

Your lawyer can advise you regarding the laws of your school district as well as advise you regarding your legal options. If you need to hold an administrative hearing or sue the school in court, your attorney will represent you during those proceedings.