Safeguarding Rights. Shaping Futures.

Safeguarding Rights. Shaping Futures.

Understanding K-12 School Discipline Policies: A Guide for Parents (Part 1)

Table of Contents

Addressing concerns about your child’s discipline at school can be overwhelming, especially if you feel the rules are inconsistently enforced or unclear. This blog series is dedicated to supporting parents of students from elementary through high school as they navigate disciplinary matters. Over the course of this series, we will guide you in understanding your child’s rights, locating, and interpreting key policies, and effectively advocating for your child. Additionally, we will highlight how K Altman Law can provide comprehensive support when your child faces disciplinary actions, ensuring their rights and education remain protected.

It is crucial to understand that every school district or system operates under a governing document that dictates how student discipline should be managed. These documents, often called school board regulations, policies, or codes of conduct, are the cornerstone of ensuring that disciplinary actions are conducted fairly and in compliance with the law. 

Locating Your School’s Governing Discipline Documents

Each school district’s governing documents outline the rules and consequences for student behavior. However, these documents can sometimes be challenging to find. Here is how you can locate them:

  1. Visit the District Website: Most school districts have a section for “Policies,” “Board of Education,” or “Student Code of Conduct” on their websites. Search within these sections for discipline-related documents.
  2. Use the Website’s Search Function: If the policies are not immediately visible, use the search bar to look for keywords like “discipline policy,” “code of conduct,” “student handbook”, or “student rights.”
  3. Contact the School or District Office: If you cannot locate the document online, reach out directly. Email your child’s school administrator, counselor, or the district’s central office to request a copy. By law, school staff must provide this information upon request.

Understanding Federal Laws That Govern Discipline

For schools receiving federal funding, compliance with federal laws is mandatory. These laws are designed to ensure that all students are treated fairly and have access to an education, even when disciplinary actions are necessary. Key examples include:

  • Individuals with Disabilities Education Act (IDEA): Protects students with disabilities from being disciplined in a way that denies them access to their education. For example, schools must conduct a Manifestation Determination Review (MDR) if a student with an Individualized Education Plan (IEP) faces suspension for more than 10 days.
  • Title VI of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, or national origin in schools, including in the application of discipline.
  • Section 504 of the Rehabilitation Act: Like IDEA, this law ensures that students with disabilities receive accommodations during disciplinary proceedings.

Steps to Understand Your Child’s Rights

Once you have the governing document, it is time to familiarize yourself with the rules and how they apply to your child. Here is a step-by-step approach:

  1. Read the Document Thoroughly: Focus on sections related to discipline, due process, and appeals. Pay special attention to procedures for suspensions, expulsions, or other serious actions.
  2. Identify Key Policies: Note specific guidelines about infractions, consequences, and the appeals process. This will help you understand whether the school’s actions align with its policies.
  3. Cross-Check with Federal Laws: If your child has a disability or you suspect discrimination, verify that the school’s actions comply with federal laws like IDEA or Title VI.
  4. Ask Questions: If anything in the document is unclear, do not hesitate to contact the school or district for clarification.

Advocating for Your Child

Understanding these policies empowers you to effectively advocate for your child. If you believe your child’s rights have been violated:

  • Document Everything: Keep records of all incidents, communications, and disciplinary actions.
  • Request Meetings: Meet with school administrators to discuss your concerns and seek resolution.
  • Use the Appeals Process: If necessary, follow the appeals procedures outlined in the governing document.

Final Thoughts

Navigating school discipline issues can be challenging but knowing where to find the rules and understanding your child’s rights is the first step toward resolution. While the process may seem daunting, it is important to stay informed and proactive to ensure that your child is treated fairly and that any disciplinary measures align with the policies in place.

The Student Defense Team at K Altman Law understands that navigating student discipline matters can be daunting. That is why we are here and ready to help you, no matter which state you live in. Our team is experienced in understanding federal and state education laws, advocating students’ rights, and ensuring schools comply with their own policies, state, and federal laws. We work to provide personalized support tailored to your child’s unique situation, helping to achieve the best possible outcome for your family. When it comes to protecting your child’s rights and education, K Altman Law is here to stand by your side.

Next part in the blog series: What to Do When Your Child is Suspended or Expelled? 

Scroll to Top