Protecting Your Child’s Rights During Academic Discipline

In this article, you can discover…

• How to protect your child’s rights during an academic discipline hearing.
• What to do if your child’s rights are violated.
• How to appeal an unfavorable decision from a hearing. 

How Can I Ensure My Child’s Rights Are Protected During The Academic Discipline Hearing?

Hire a seasoned legal representative. An ideal lawyer has been through this process before, knows what to expect, and can help you protect your child’s rights throughout each step of the process. 

You should also read up on your rights as a parent and seek out reliable online resources to better understand the law and how it applies to you and your child. You can find information about your rights at the Devoted To Justice website. However, online research is no substitution for consulting with an experienced education law attorney. 

What Can I Do If I Believe My Child’s Rights Have Been Violated?

If you believe your child’s rights have been violated, be sure to go through the appeal process set forth by your child’s school district. Without going through every step of the school district’s appeal process, you may be barred from appealing the decision to the court systems. As a general rule, courts want to see that you’ve exhausted every administrative appeal before they will agree to hear a case.

If you’ve exhausted every option and have followed through and appealed correctly, you can, and should, reach out to an academic discipline attorney to determine if your case can be brought to court. 

Your attorney may then draft a petition with the local court system, arguing that school district’s disciplinary process violated your child’s rights. The Petitions are generally restricted to arguments relating to the district denying your child due process, making a ruling that was not based on competent substantial evidence, or that the ruling was not based on that your child was denied due process, or that the essential requirements of law were not followed. 

Another legal option is a lawsuit. Your attorney may file a complaint seeking monetary or non-monetary damages from the school district. This may involve a petition to have your child’s expulsion reversed or financial compensation for a violation of rights. A lawyer can sit down with you, review your child’s case, and advise you on the next best steps to take. 

What Can I Do If My Child Feels Uncomfortable, Intimidated, Or Harassed During The Academic Disciplinary Hearing?

While most academic disciplinary hearings are professional and well-conducted, some educational leaders can become overbearing or unfair during a hearing. behaving an experienced attorney present by your side is the best way to prevent this. An experienced education lawyer can help keep the conversation going in the right direction, object to unprofessional behavior or questions, and generally help protect you and your child’s rights. 

Typically having an education attorney present can help keep things civil, and the school district personnel involved in the hearing generally behave more courteously when they are in the presence of an experienced attorney. 

How Can I Appeal An Unfavorable Decision From An Academic Disciplinary Hearing?

At certain institutions, appeals are required to be reduced to writing and the appellate ruling is based purely off the written materials. Some institutions require the student to write the appeal in essay format, while others may provide a form to be filled out. At other institutions, you can request a new hearing in front of an administrative hearing officer. A lawyer can help you understand which avenue to take to ensure all of your options are exhausted in the correct manner. 

After an administrative appeal, your attorney may recommend that you seek further review in court by either appealing to the court system or filing a lawsuit. In cases where the student has a recognized disability you may also have the option to appeal the decision with the State Department of Education. 

It’s important to make sure that you’ve taken every possible step in the correct order to be successful in your appeals, and an experienced education law attorney can help guide you through this process, ensuring that all of the steps are taken in the correct order. 

Can You Describe A Time When You Represented A Client In An Academic Disciplinary Situation And You Felt Bias? How Did You Handle It?

I’ve had cases where I felt that school districts were discriminating unfairly against students with disabilities. These clients were known to have extra behavioral needs, but school districts failed to provide the required accommodations for the disabled students to obtain an appropriate education. 

In these cases, I’ve been able to advocate for these children and their families, to help institutions understand the child’s background and needs, and to argue against the unfair treatment of the disabled student. Our first step is to generally raise the issues with the district and request a meeting to see if the issues can be resolved cooperatively. If cooperation is not possible, then you can challenge the district’s decisions by filing complaints or requesting hearings through the Department of Education.

For more information on Protecting Your Child’s Rights During Academic Hearings, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8472 today.