There are thousands of school districts in the United States. Although their discipline policies may be similar in some ways, there are likely also many differences.
Every state in the United States also has its own state board of education or department of education that is the source or policies governing student discipline in the schools in the state. There is also a federal Department of Education (DOE).
The DOE has its own rules, regulations, and advisories governing student discipline in the nation’s schools. The DOE is concerned with disciplinary measures that are imposed on students who have disabilities in addition to the use of isolation and physical restraints as methods for controlling student behavior.
The DOE advises against using physical discipline, or corporal punishment, for any student. Corporal punishment may be condoned by policies in certain school districts in some states.
In general, schools have a wide range of disciplinary options that they may exercise depending on the severity of the student’s misconduct. Common examples of discipline used for students under school discipline policy includes:
- Detention;
- Suspension;
- Expulsion; and
- Transfer.
It is important to note that different districts and states may not apply disciplinary measures in the same manner. This means that conduct that may cause schools to expel students may only result in a school suspending students in another.
What Are the Limits on Discipline in Schools?
As discussed above, each state has different laws that regulate discipline in schools. There are, however, various discipline principles that are common in schools in all states.
For example, teachers are never permitted to hit students. In addition, constitutional rights of students cannot be altered or taken away, including:
- The right to be notified of school rules ahead of time;
- This is often done by distributing student handbooks;
- The right to a meaningful notice of any charges made against them; and
- The right to be heard under the proper circumstances;
- It is wise to have an education lawyer present to protect at hearings to protect the student’s rights.
What Is Detention?
Detention is when a student is required to remain after school for a period of time as a form of discipline. The rules that govern detention vary by school district.
However, the majority of districts have restrictions regarding how severe detention can be, which may include:
- Students have to be provided with time to take bathroom breaks;
- Students have to be under the supervision of a certified teacher during detention;
- There must be a limit on how long detention can last
- Typically, detention ranges from 20 to 30 minutes in length;
- Some districts may require that students be given the opportunity to serve detention on a weekend instead of a school day; and
- Parents must be notified that their child will be in detention, so that transportation or other arrangements can be made for the student to get home.
What Is Suspension?
Suspension is a type of student discipline where a student is required to stay out of school for a certain period of time, typically a matter of days. A student may also face in-school suspension, where they attend school but are not allowed to attend regular classes.
The rules that govern school suspension law vary by school district and state. However, there are basic rights and requirements that are followed by most schools regarding suspension, including:
- There is typically a time limitation on how long a student can be suspended. If the length of the suspension exceeds that time limit, it may be considered to be an expulsion instead;
- Many schools require that the student’s parents meet with a school principal to discuss the suspension; and
- Prior to their suspension, each student has a right to an informal meeting during which they will have the opportunity to present evidence in their own defense as well as to argue against their suspension;
- There is an exception to this requirement if the student’s suspension is done in an emergency situation when they present a danger to staff or other students.
A school may also suspend a student for misbehavior that occurred off school grounds, for example:
- At a school activity;
- While on a field trip; or
- On the way to or from school if they present a threat of harm to themselves or others in the school or to school property.
What Can a Student be Suspended or Expelled for?
A school district cannot simply suspend or expel a student for some arbitrary reason. Instead, there are specific categories or behaviors that allow schools to use these measures, including:
- Assault or threat of assault to teachers or other students;
- Continuous disruptive conduct;
- Possession of drugs, alcohol or weapons;
- Stealing or damaging school property or property that belongs to others; and
- Sexual offenses or obscenities.
Can I Appeal My Child’s Suspension or Expulsion?
In the majority of school districts, an individual is permitted to appeal their child’s suspension or expulsion. An individual can consult with an attorney or a member of their local school board to determine their rights regarding appeals.
What Are Common Legal Issues Associated with School Discipline Laws?
Each student has a right to education. Public education is an entitlement that is provided by the agencies of local governments.
If a student is deprived of their right to education through a disciplinary action, for example, a suspension or an expulsion, that student is entitled to due process. The right to due process includes the right to notice as well as a fair hearing before the long-term suspension or expulsion is implemented.
Whether or not full due process is required before an after school detention varies by state and school district. After school detention typically involves holding a student after dismissal for a brief period of time.
Most likely, full due process would not be required for an after school detention because it is not significant enough to require a formal hearing that includes evidence, findings of fact, and a ruling. However, a school should still inform the student of the violation for which they are being detained.
The school should also communicate with the student’s parents regarding the detention as well as inform them of the reason for and the nature of the detention.
What Do School Discipline Lawyers Do?
A school discipline lawyer helps clients with issues related to education law, which includes student discipline, academic disputes, and other issues that may arise in school. A school discipline lawyer can provide an individual with legal advice regarding the laws in their district as well as protect their rights during the disciplinary process.
If an individual has never been involved in any type of legal proceedings, they may not be aware of their rights, measures that can be used to solve these types of issues, or how disciplinary hearings typically work. A school discipline lawyer can provide a student with student discipline defense.
Should I Talk to a Lawyer about My Child’s Suspension or Expulsion?
If your child is facing suspension or expulsion, it is important to consult with a children lawyer. The laws governing these issues vary by state and even by school.
Your lawyer can protect the rights of your child as well as your rights. If your child has been a victim of unlawful discipline or has been accused of criminal conduct, it is especially important that you consult with an attorney.
