High School Student Defense

The reality is that even the most well-behaved high school students can find themselves in situations that are misinterpreted or escalate beyond their control. Although high school students are still mentally, emotionally, and physically developing, misconduct issues at their school can follow them around for years, leaving lasting effects on their academic and personal lives. Although parents should feel empowered to approach their students' schools and find a collaborative approach that helps them, public and private schools often operate within a rigid framework that may not fully consider the best approach for each student. It's not uncommon for schools to ignore parental concerns altogether until attorneys get involved.

If your high schooler is facing disciplinary consequences at their school, such as suspensions, detentions, expulsions, or removal from extracurricular activities, contact the Lento Law Firm's Student Defense Team for more information. We understand the bureaucratic framework your family is facing, and we can provide you with the strategy and tools you need to ensure your family's voice is heard. Contact us today by calling 888-535-3686 or by using our online contact form.

What Federal Education Laws Apply to High Schools?

Education laws governing high schools in the United States are primarily established at the state and local levels. However, some significant federal laws and policies provide overarching guidance and regulations that all public schools must adopt due to their acceptance of federal funds. Some of these critical federal education laws are discussed below.

Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a vital federal law designed to safeguard the educational rights of students with disabilities by ensuring that they receive free and appropriate public education tailored to their specific needs. Students can qualify for an Individual Education Plan protected under the IDEA if they 1) meet one of the 13 qualifying disability categories and 2) are at least three years old but no older than 21. Students lose eligibility once they turn 22 or graduate from high school, whichever is sooner.

Americans with Disabilities Act (ADA)

The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, and transportation. Within the educational context, the ADA ensures that students with disabilities have equal access to educational opportunities and are not excluded from educational or school-operated extracurricular opportunities due to their disabilities.

Section 504 of the Rehabilitation Act of 1973

Section 504 is a federal civil rights law prohibiting programs and activities that receive federal funding. Section 504 is broader in scope compared to the IDEA, and students who fail to meet one of the 13 eligibility categories under the IDEA may still be eligible for the Section 504 plan.

Title IX of the Education Amendments of 1972

Commonly referred to as “Title IX,” this federal law prohibits sex-based discrimination in any school or other education program that receives federal money.

Family Educational Rights and Privacy Act (FERPA)

FERPA is a federal law that protects the privacy of a student's educational record. FERPA also empowers parents with rights such as the right to access and manage the disclosure of their children's education records and personal information. Under FERPA, parents may also seek to amend their child's academic records.

State and Local Laws

Aside from the federal laws that publicly funded schools must adhere to, they must also abide by varying state and local laws that make up most of a school's governance. State-specific education codes address various issues, such as curriculum requirements, testing requirements, teaching qualifications, etc.; local school district-level policies typically address available high school curriculum choices, graduation requirements, and disciplinary procedures.

Some states allow school districts to have more autonomy over their curriculum. In contrast, other states may require that their districts keep close to the state's developed curriculum for high school students. It's also important to note that private and charter schools may have different requirements. While they may align with state standards to some degree, private schools often have more autonomy in curriculum development and operate under their unique policies.

Academic Misconduct Issues

While admission to top-tier universities becomes increasingly competitive, academic misconduct may seem more and more tempting to high school students. Aside from negative disciplinary remarks on their educational records, students accused of academic misconduct may not be allowed to participate in extracurricular activities, a slippery slope that can later damage their eligibility for scholarships and opportunities for honors and awards. Some of the various academic misconduct issues that our Student Defense Team regularly manages are addressed below.

Plagiarism

Plagiarism is a significant issue for high school students, sometimes even more prevalent than cheating on tests, as many students may unintentionally plagiarize work without realizing it. With the rise of online collaborative tools such as Slack, Microsoft Teams, and Google Docs, students may become confused about their work product, plagiarizing peers in the process. Most recently, Chat GPT has made plagiarism more tempting for high school students. In a 2023 study analyzed by Forbes, an astonishing 89% of students in the United States admitted to using ChatGPT while doing their homework.

Although verbatim copying is universally understood as plagiarism, high school students today may unintentionally combine multiple online sources without properly crediting them. Even though online plagiarism tools are not errorless, some schools continue to rely on them, punishing innocent students in the process.

Cheating

High schoolers are not immune to feeling the same pressure to succeed, achieve, and “hustle” as adults. Similar to the pressure adults may think from their spouses, children, and employers, high schools often feel “achievement pressure” from parents, teachers, and coaches, contributing to the climbing rates of depression and hopelessness among American teens.

Given the stress, it's no surprise that some students may succumb to the temptation to cheat. When caught, students face severe consequences for cheating, such as failing grades and courses, suspensions, and even expulsions.

Collusion

Sometimes also referred to as unauthorized assistance or collaboration, a collision occurs when students collaborate on assignments where teamwork is not permitted. Students can knowingly collude, as may be the case where one student reaches out to a friend who is better in a particular subject, or unknowingly, where friends “work together,” not realizing that it is against the rules. Unauthorized assistance may also occur if students rely on help from online tutors or contacts, presenting the work as their own.

Testing Violations

Students can violate testing conditions in a variety of ways. Testing violations can range from sneaking in answers to a test to improper use of technology during online courses or even having another person take a test for you. With more and more tests and quizzes being delivered in an online format, online proctors may misinterpret innocent behavior, labeling it as suspicious activity.

While testing violations for school classes may be severe enough, cheating on an Advanced Placement exam (AP tests) can completely derail a student's future. The College Board, the entity responsible for administering and scoring these exams, clearly explains that students who cheat on AP exams may be barred from taking any future exams, even the SAT. Without AP tests and SAT scores, some students may be disqualified from applying to universities and colleges at the get-go.

Online Learning Violations

In a post-COVID-19 world, many high schools have adapted remote and hybrid learning formats. For example, some students may be supervised by teachers inside a classroom while another teacher delivers remote instruction. Although technological advancements have made grading easier for educators and more convenient for many students, it has also led to various academic misconduct issues unique to high schoolers today.

Some examples of online misconduct may include:

• Plagiarism
• Cheating
• Falsifying attendance
• Violating test conditions
• Unauthorized assistance

Unauthorized Advanced Knowledge

Unauthorized advanced knowledge may occur when students gain an unfair advantage on an exam or a project. Some students may innocently receive advanced knowledge when asking friends how a test went. Other students may intentionally seek out test answers beforehand or even steal copies of upcoming exams or assignments from a classroom.

Sexual Misconduct Issue

Sexual Misconduct issues at the high school level can range from sexual violence to inappropriate comments, harassment, non-consensual sexual touching, and the sharing of intimate photos. Because public schools receive federal funding, they are bound to follow Title IX, a significant federal education law prohibiting sexual discrimination on public campuses. Under Title IX, high schools must have a comprehensive plan in place to address allegations of sexual misconduct, sexual assault, and sexual harassment.

Because schools can be stripped of their funds if they fail to uphold Title IX, many high schools have a zero-tolerance policy for sexual misconduct. While some students may face temporary in-school suspensions, others may face longer suspensions and expulsions. Title IX violations can significantly curtail college acceptance rates, as schools may see them as a liability or predator.

Most private schools do not receive federal funding, so Title IX regulations do not bind them. This does not, however, mean that students in private schools who are accused of sexual misconduct have it any easier. On the contrary, private schools rely on their reputation for funding and enrollment numbers. As families at these schools are often tight-knit and involved, private schools may be motivated to expel students quickly rather than face any consequences for their reputation.

Help Navigating Sexual Misconduct Claims

If your student is facing sexual misconduct claims, you need an legal team that is experienced in handling sexual misconduct and Title IX hearings. Our Education Law Team has experience nationwide attending sexual harassment hearings. Our professional guidance and strategic support can give your family a significant advantage while dealing with the school's administration.

Behavioral Misconduct Issues

Assault

If your student has been accused of assaulting another student or staff member, you likely already understand that the accusations are grave. Some schools may even call local law enforcement during a fight or rely on campus safety officers to break up an argument. Videos of your child fighting with classmates can spread like wildfire online.

Although “assault” will vary from school to school, it typically includes threatening behavior that physically intimidates another student or staff member. Some examples of behavior that might be viewed as assault at your student's school include:

• Hitting, punching, or kicking another student or staff member.
• Threatening another student by lunging toward them, raising a fist, fist, etc.
• Pushing or shoving another student or staff member.
• Throwing an object at another student or staff member threateningly.
• Showing another student or staff member a weapon in a threatening manner.

After a student has been accused of assault, schools typically follow a set disciplinary process that includes discussing the event with parents, conducting investigations, and determining long-term and short-term consequences. Short-term consequences may include in-school suspensions or restrictions from sporting teams, while long-term consequences can range from long-term suspensions to expulsions.

Cyberbullying

It seems that every year brings a new app or platform that grabs the attention of high schoolers, “connecting” them in an often deeply unconnected way. Social media usage among high schoolers is nearly impossible to avoid. In a 2023 study conducted by the Pew Research Center, most teens reported using social media apps daily.

If your student's online activities feel like a different world, that's because it is. Your teen can be engaging in communities, friend groups, inside jokes, homework help, and bullying, often without saying a word out loud at home, making it incredibly difficult for parents to monitor.

Although many states and school districts may define cyberbullying differently, it typically is characterized by intentional and repeated behavior that involves harassing or threatening another student through electronic communication. Cyberbullying can sometimes become so severe that the students targeted suffer mental or emotional breakdowns, resulting in very tragic instances of suicide or school violence.

Given the nature of cyberbullying, schools can respond instantly, or even overly zealous, punishing students for strong words exchanged on social media accounts, emails, or texts. Comments that are meant as jokes can sometimes result in suspensions and expulsions. Other times, a victimized student may finally lash out and respond, suffering the consequences while their bullies go unpunished. Some examples of cyberbullying in high school include:

• Spreading rumors or lies about someone online.
• Sharing embarrassing, sensitive, or private information about another student online.
• Creating fake profiles or websites that mock, impersonate, or target another student.
• Posting derogatory comments about another student online.
• Sending repeated messages that are unwanted or harassing in nature.
• Manipulating or tricking other students into posting personal or revealing information online.

Bullying

Learning to navigate differences with peers goes hand in hand with the high school experience. As teenagers, students learn to identify their boundaries, speak up for themselves, and stand up for themselves or their peers. This discovery can sometimes go unchecked, leading to petty arguments or severe student disputes that school administrators can label as “bullying.”

As national concerns such as school shootings, school violence, and teenage suicide continue to climb, many schools have a zero-tolerance policy for bullying, taking no time to understand the underlying causes. Students who suffer from an emotional disturbance disability such as Oppositional Defiant Disorder or Schizophrenia may have limited control over their angry outbursts, resulting in a nasty cycle of outbursts and suspensions on campus.

Disruptive Behavior

If you have an outspoken student who likes to entertain others or challenge authority, they may have been accused of disruptive behavior in the classroom. Although not intentional, some students can disrupt their teachers and staff by unwarranted comments or jokes, loud noises, talking, or cell phone use in class. Because disruptive behavior is subjective and open to interpretation, ambiguity can cause much confusion for students. What one teacher allows may not fly with another instructor.

Disruptive behavior is also typical for students with learning disabilities such as Autism Spectrum Disorder, ADD, or ADHD, who neurologically have a more challenging time focusing within the classroom environment. Talking to peers, wandering around the classroom, fidgeting, or eating may be soothing for these students, who interpret and process information differently than their neurotypical peers.

Substance Abuse and Vaping

In addition to criminal penalties, students can be suspended and most often expelled for having drugs, alcohol, and vaping contraband on campus. Conscious of their reputation and liability issues, many schools will quickly suspend or expel students for drug use on campus, even frequently employing the use of drug-sniffing dogs on campus.

Harassment of Other Students

Despite parents' best efforts to instill respect for all races and ethnicities, misunderstandings or misbehavior can still occur.Heightened arguments, group tensions, or self-defense can cause another student to make derogatory remarks about another student's race, ethnicity, religion, and belief systems.

High schools typically address student harassment violations in the school's Code of Conduct, which outlines how a school expects students and staff to engage with one another.

Possession of Weapons and Vandalism

If your student has been accused of bringing a weapon to school, you should be prepared for a brutal battle with the school district. Even for special needs students who are protected under federal laws that prevent them from being unfairly suspended or expelled, most school districts will expel a student who brings a weapon to school without any further thought. Students who bring weapons to school may also face criminal charges and be expelled from their school and the entire school district. As chances of being accepted into other schools can be few and far between, these students must often enroll in non-traditional disciplinary placements or online formats, profoundly affecting their ability to complete school, pursue higher education, and gain employment.

Academic Issues

Excessive Truancy or Absenteeism

Every state has mandatory thresholds for school attendance, known as “compulsory education” laws. Under these laws, excessive truancy or absenteeism can impact a student's record and opportunities on campus, limiting them from participating in sports or other extracurriculars. In Pennsylvania, for example, students who have ten consecutive unexcused absences in a row can be dropped from their district's active membership roll.

School districts can also pursue truancy hearings or even report excessive absences to the local child protective services division. It's important to note that sometimes parents can decide to keep their students home from school due to issues with teachers, bullying, disabilities, or mental health concerns. In these instances, districts may continue to flag students as truant while ignoring parental requests. If you are facing truancy allegations from your child's school, our Education Law Team can help by representing your side of the story to your student's school, reviewing medical documentation, and negotiating solutions.

Learning Disabilities

Often, students with learning disabilities are not identified as such by their school district or fail to receive the appropriate services they need to emotionally and academically progress. Students who do not feel challenged, supported, heard, or respected may give up on their academics or lash out in response, leading to what a school may identify as “behavioral problems.” Although public schools must find, identify, and assess students who exhibit possible signs of learning disabilities, parents can also request that their students be evaluated for special education services, modifications, and support. From 1:1 tutoring, counseling, speech services, increased time on tests, or reading support, special education services can reach and help various neurodivergent students.

Common Signs of Learning Disabilities

Learning disabilities can vary widely in their manifestation, but some common signs of potential learning disability may include the following:

• Reading Difficulties: This might include difficulty recognizing letters, understanding words or sentences, or problems in reading comprehension.
• Writing Challenges: Difficulties with writing, such as poor handwriting, trouble with spelling, and difficulties when organizing ideas on paper.
• Mathematical Challenges: Trouble understanding basic mathematical concepts, difficulty remembering mathematical operations, or an inability to apply mathematical concepts when solving problems.
• Difficulty Following Directions: Children with auditory learning disabilities, short-term memory challenges, or ADHD may have trouble understanding and following simple or multi-step directions.
• Concentration Challenges: Signs may include difficulty staying focused, being easily distracted, or being unable to concentrate on a task for a reasonable time.
• Organization and Time Management Challenges: Difficulty organizing materials, keeping track of assignments, managing time efficiently, or completing tasks within given timeframes can be related to learning disabilities and issues with executive functioning abilities.
• Speech or Language Difficulties: Symptoms may include difficulty expressing thoughts verbally, understanding spoken language, delays in language development, limited vocabulary, or articulation issues.
• Social Interaction Challenges: Students with emotional disturbance challenges or Autism Spectrum Disorder may struggle to understand social cues, make friends, or have trouble participating in group activities.
• Behavioral Issues: Frustration, avoidance of schoolwork, disruptive behavior in class, argumentative responses, or excessive shyness.
• Inconsistent Academic Performance: Under the IDEA, a noticeable discrepancy between a child's potential and academic performance can signal a district's obligation to assess a student for special education services.

If you fear that your student's learning challenges may present as behavioral challenges or academic misconduct at school, share your concerns with the nationwide special education attorneys that make up the Lento Law Firm Education Law Team.

Consequences High Schools May Impose

When high school students stray off course, schools can vary in their approach. While some school administrators are fair-minded and dedicated to approaching each student's disciplinary matter with equal attention, others may “phone it in” and rush to expel a “troubled” student from their district. While harsher penalties may delay or disrupt a student's chances of graduating on time or pursuing post-secondary education, some administrators may not take the time to consider the causes and effects of their punishments. Some of the possible consequences schools can impose are discussed below.

Suspensions

Schools may choose to issue an in-school suspension, where students are removed from their classroom and placed under the supervision of a staff member. At the same time, they individually work or are under an out-of-school suspension, where students are sent home and not allowed to return to school for a specified amount of time. The more serious the offense is, the longer the suspension may be. In many cases, suspensions can go unchecked and are not appropriately reviewed by senior district personnel. For instance, as of 2021, at least 32 states allowed suspensions for “disruptive behavior,” a highly subjective accusation.

Expulsions

Expulsions are generally reserved for severe behavior or academic infractions. Some expulsions may be from campus, while others may expel a student from all schools within the district, making it incredibly challenging for parents to find a traditional high school for their student to attend.

Due to the severity of the consequences, expulsions typically occur after a formal hearing is held at the district level. When parents want to challenge the expulsion, they can often pursue an official appeal of the district's decision as well.

Disciplinary Placements

Disciplinary placements, or alternative education programs, are educational options for students expelled from their school or school district. Alternative education placements often provide self-paced continuing education courses that allow students to earn their GED with instructors trained to address the behaviors that may have led to the expulsion.

Aside from removing a teen from their environment and friends, disciplinary placements can lead to many cascading issues. These programs often include students with past behavioral issues, leading to potential classroom disruptions and a peer environment some parents might find concerning. In this same vein, some students may start to self-identify as a “troubled” student, affecting their self-confidence and image. These programs often face funding and academic challenges, possibly affecting the quality of a student's education compared to a traditional high school environment.

Education Law and Student Discipline Defense

Navigating school disciplinary hearings can be complex and intimidating, especially when they don't follow the same format as civil or criminal cases in a court of law. Parents can feel like they are walking into a lion's den when they meet with a school district's administrators or board of a private school.

While your student may not be facing legal charges for behavioral misconduct, academic misconduct, or academic progression issues, they can be gravely affected by their school's decisions. Students who do not receive the special resources and support they need to feel safe and supported on campus may continue to lash out, affecting their self-confidence for years to come. Teenagers who are labeled as “bullies” by adults may grow into troubled adults themselves, frustrated that they were misunderstood from such a young age. High schoolers with severe anxiety may succumb to cheating, only to feel further shamed and stressed about what their future holds.

Most parents who challenge their child's school quickly realize that they face an uphill battle with state education laws, local policies, and difficult personnel. In these scenarios, our Student Defense Team can serve as an invaluable advisor and advocate for your family. In addition to thoroughly reviewing your state's education statutes and interpreting your specific school's policy and procedures, we will ensure that you clearly understand the rules and regulations. We will also approach your child's case strategically, noting areas where their school has failed to apply these rules and regulations fairly and ethically.

After gathering relevant evidence, such as witness statements, medical records, and social media posts, we can prepare a strong defense strategy tailored to your teen's specific situation. Throughout the process, we can also help negotiate solutions on your child's behalf, taking the stress off of you and your family.

National Attorneys for High School Students

Our firm has helped students nationwide with various disciplinary issues stemming from academic and behavioral misconduct issues. If your high school student faces challenges such as suspension or expulsion, contact the Lento Law Firm's Student Defense Team and Education Law Team to learn more about the favorable outcomes available for your high schooler. Don't hesitate to reach out, even if it seems all options have been explored. Contact us today by calling 888-535-3686 or by using our online contact form.