Addressing School Discipline: A Guide for Parents

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A child facing discipline at school can be overwhelming and uncertain. You’re concerned for your child’s well-being while also wanting to ensure they are acting appropriately. Disciplinary actions can potentially impact their future in many ways. As parents, it is important to be familiar with school discipline guidelines as well as legal rights for parents and students. Take time to understand the policies and get to know the practical steps to take to effectively address discipline at your child’s school. 

Understanding School Discipline Policies

Schools do not just haphazardly allocate discipline as they please – or at least they shouldn’t. A school district should have a policy on discipline, and that policy as well as any potential disciplinary codes should be provided to every student and family in the handbook. 

Overall, disciplinary actions might look different from student to student or school to school. The handbook should define what will cause such action as well as outline the process for handing out discipline. These are some common disciplinary measures: 

  • Warnings
  • Detention
  • Suspension
  • Alternative School
  • Expulsion
  • Behavioral Contracts
  • Training/Education

Ideally, it should be very clear what is or is not acceptable behavior and the progression of discipline. In addition, the handbook should outline communication to the parents when using discipline. As a parent, it is your responsibility to be familiar with the school’s policies to know what is permissible and what might be an overreach on the school’s part. 

Knowing Your Child’s Rights

There is a fine line between protectiveness and non-violation of your child’s rights. The school should uphold the children to an enforceable standard of behavior, or else there would be total chaos in schools, right? The challenge is ensuring that discipline is fair and equitable. Knowing your child’s rights so that you can help protect them when something goes too far is critical. 

These are some of the key protections in regard to the law.

  • Due Process: due process means the child has the right to be informed of why they are in trouble, and there must be an opportunity to respond before discipline is enforced. Long-term suspensions, alternative school, and expulsion must provide the opportunity for a formal hearing. 
  • Anti-Discrimination: schools may not discriminate or simply pick and choose when to enforce school policies. They must apply equally to every student, without basing discipline on race, gender, disability, or protected characteristics of any kind. The only exception is that students with disabilities receive specific procedural safeguards to protect them. 
  • Privacy: when a student faces discipline, they are entitled to privacy and discretion. Disciplinary records are part of education records and therefore covered under the Family Education Rights and Privacy Act. 
  • Physical Punishment: In some schools, parents can opt to allow the school to physically punish their students.  Physical discipline without a parent’s consent or that becomes excessive is a serious legal issue.

Parents often don’t realize that schools are bound by laws like these which are meant to protect students’ rights. If you believe your child’s rights have been violated, consider reaching out to a school law attorney to assess your case and explore options. 

What to Do When Your Child Faces Discipline

It’s easy to be upset, but remain the voice of calm and reason for your student. They look to you to set the example. It is ok to be upset when your child is wronged, but there is a proper way to go about things. Causing a scene rarely works in your favor and can lead the school to take action against you. 

These are some tips to help guide you: 

  • Stay calm and gather all the information you can about the incident
  • Take the time to talk to your student and get their side of the story
  • Request documentation, including a copy of the school’s disciplinary report
  • Review the student handbook to better understand the policies regarding your situation
  • Schedule a meeting with school officials, including the principal and any relevant staff, so you can discuss the issue
  • Ask for clarification on the decision and evidence to support the decision
  • Seek legal counsel early in the process if something does not seem right 

Fight for your student in a way that is professional and effective. Take the time to know and gather all of the facts. If your student crossed the line and faced significant consequences, consider seeking legal advice. 

Stay Proactive and Engaged

You can’t prevent everything, and there may be times when the disciplinary actions taken are truly earned and fair. Promote open communication with your child and create a safe space for them to talk to you about things happening at school to keep you informed. Encourage your student to speak up if they face unfair treatment. 

Get involved by advocating for your student. You can attend school board meetings, and at those meetings, you can advocate for fair, transparent, and equitable disciplinary policies. Encourage and support programs that promote conflict resolution as well as mental health support for students. 

The more you can be involved and engaged with your student as well as teachers and staff, the better collaboration there will be. 

And finally, know when to involve legal counsel. These are some great examples: 

  • Child faces suspension for more than 10 days or expulsion without a hearing
  • Discrimination or violation of the child’s rights
  • Disciplinary action could negatively impact your child’s education or future opportunities

Final Thoughts on School Discipline

School discipline is necessary, but schools also need to follow regulations, have clear policies, and ensure fair treatment of the children. Understand your child’s rights, encourage open communication, and know when it’s time to bring in extra help. 

Contact us today for any concerns about disciplinary actions on behalf of your child. 

Need Legal Counsel Today?

If you need help with family matters or are planning your estate, contact Hager Law for a consultation. We’re ready to fight for you.