As a parent, there's nothing more important to you than the welfare of your children. One of the most essential components in their growth and development is their formal public education. When things go right in elementary and middle schools, kids flourish. When they go wrong, the consequences can be devastating.
How do you make sure things go right? You stay involved. You keep up with what your kids are studying in school. You participate in school functions. You stay in contact with your kids' teachers. And, if you suspect they might not be getting the education they deserve, you contact the Lento Law Firm.
The Lento Law Firm was founded to help students get fair treatment and to hold schools and districts accountable for providing students with the best possible education. Whether your child needs to be defended from a serious misconduct allegation or you simply want a stronger voice in how their IEP is implemented, we're here for you.
To find out more, call 888.535.3686 or go online now.
Disciplinary Authority in Hawaii
One of the places where education can go wrong is in the area of school discipline.
Hawaii is unusual in that it maintains a statewide system of education. That is, the Hawaii State Department of Education (HIDOE) is the state authority on K-12 education in the state, but it also serves as one large single school district. The HIDOE, then, is the primary authority when it comes to school discipline at all schools in the state.
Below are some of the more important aspects of the state's disciplinary policy.
Academic Misconduct
The HIDOE actually makes no mention of academic misconduct in any of its policies. The words “cheating” and “plagiarism” do not appear in the Hawaii Board of Education's Administrative Rules (Title 8, Subtitle 2, Part 1, Chapter 19), a document that otherwise contains all of the district's information on misconduct. This suggests that decisions about classroom dishonesty rest almost exclusively in the hands of teachers and school administrators and, further, that all punishments are classroom-based—lowered grades on assignments, for instance, lowered course grades, or special education assignments on the nature of academic honesty.
Keep in mind, however, that cheating and plagiarism allegations can carry enormous weight, even if the punishment is nothing more than a warning. Any record of academic misconduct in a child's permanent file can affect their future education. In fact, even if there's no official record when teachers pass information about cheating on to other teachers, it can create a cycle of suspicion that's difficult for children to overcome.
The Lento Law Firm's Student Defense Team isn't just here to represent students at official hearings. We can protect your child from unfair accusations in the classroom. We can make sure your child's teachers don't assign unfair punishments, that allegations don't wind up on their record, and that information about your child stays confidential.
Behavioral Misconduct
Here again, individual elementary and middle schools in Hawaii don't set their own disciplinary policies. Schools do have some power to make rules. For instance, Keonepoko Elementary, the state's largest elementary school, has a cell phone policy, a set of internet guidelines, and a list of contraband items that includes sodas, roller blades, and sunflower seeds.
The HIDEO's Administrative Rules contain the definitive list of student offenses, though. These are divided into four “classes” of offense, from A—the most serious—to D.
- Fighting, burglary, and extortion, for example, all qualify as Class A offenses.
- Gambling and forgery qualify as Class B offenses.
- Smoking and insubordination are Class C offenses.
- The possession of contraband is a Class D offense.
The HIDEO further sets the punishments for offenses, which range from a conference with the student about their behavior, to parent conferences, to outright dismissal.
No matter what kind of disciplinary charges your student may be facing, the Lento Law Firm's attorneys can help protect them. We'll collect exonerating or mitigating evidence, assist you in presenting it to your school, represent you at any necessary district hearings, and negotiate fair penalties if that's what's called for. In all cases, our most important job is protecting the rights of you and your family.
State and Federal Laws
Finally, you should know that the state of Hawaii has made certain disciplinary offenses a matter of law.
- Weapons Possession: Any child in possession of a firearm on school grounds must be suspended for not less than one year (§302A-1134).
- Alcohol/ Drug Use and Possession: Possession, sale, and consumption of alcohol or illegal drugs carries a suspension of up to 92 days (§302A-1134.6)
- Bullying: All school personnel are held accountable by law for reporting instances of bullying and intimidation (§302A-1002).
In addition, federal law—Title IX—prohibits sexual harassment, including student-on-student harassment. Title IX contains a strict set of guidelines for how schools should go about investigating and adjudicating allegations, and it encourages schools to employ harsh penalties in these cases.
Schools have little choice when it comes to implementing disciplinary policies that are part of state and federal law. However, these laws grant important rights to anyone facing an accusation. The Lento Law Firm is highly experienced in what the law has to say. We know how to fight charges and how to use the law to your child's advantage.
Hawaii Middle and Elementary School Disability Issues
If your child has a disability, you have special concerns when it comes to their education. You want to make sure that they are treated fairly and that they have access to all the materials and services they both need and deserve.
The Americans with Disability Act (ADA) and the Individuals with Disabilities in Education Act (IDEA) both require school districts to provide anything within reason that your child needs to get an education equal to that of their peers. That includes personnel, special technology, and facility modifications. In addition, these laws make clear that students with disabilities deserve equal treatment, that they should never be isolated in “special” classrooms, and that they should be allowed to learn in mainstream classroom environments right beside their peers.
Students with disabilities are also entitled to special consideration any time they're accused of disciplinary misconduct. For example, the Office of Special Education, part of the Hawaii Department of Education, requires schools to conduct a “manifest determination” before subjecting any disabled child to a disciplinary sanction. As part of this determination, qualified school personnel must consider whether that child's disability might have been responsible for their misconduct and whether a properly administered IEP might have prevented the misconduct.
If your child has a disability—whether physical, mental, or learning—they're entitled to the same education as any other student. If you don't feel they're getting that education, the Lento Law Firm can help.
Where We Can Help
The Lento Law Firm handles a broad range of issues related to elementary and middle school education, and we work with students across the U.S. That includes Hawaii. No matter what school your child attends in Hawaii, we can help you ensure they're being treated fairly and that they're getting the resources they need. That includes
- Keonepoko Elementary
- Waimea Elementary
- Red Hill Elementary
- Haaheo Elementary
- Manoa Elementary
- Waiakea Elementary
- Konawaena Elementary
- Keaukaha Elementary
- Waikoloa Elementary and Middle
- Major Sheldon Wheeler Middle
- Kohala Middle
Premier Hawaii Education Attorneys
If your child is experiencing classroom mistreatment, being held responsible for something they didn't do, or being subjected to a punishment they don't deserve, you can't afford to wait. Even one instance of bullying can affect a child's learning. Even one day of missed classes can put them behind. Contact the Lento Law Firm today at 888.535.3686 or go online to find out more about how the firm's Education Law Team may be able to help.
