As a parent, you know how essential your child's elementary and middle school years are to their eventual success. These are the years when they're learning academic fundamentals. They're also the years when kids are absorbing lessons about caring, responsibility, and discipline. The opposite is true as well, though: things that go wrong during this period can have profound negative effects on a child's further development.
If your child should have trouble progressing academically or wind up accused of some type of misconduct, you can't wait to see what might happen. Small problems can magnify quickly at this age. You have to take the situation seriously, and you have to act fast.
That means contacting the Lento Law Firm. No one has more experience protecting students than the Lento Law Firm. We know the law; we know how the Nebraska education system works, and we work in your community. To find out more, call 888.535.3686 or go online now.
Disciplinary Authority in Nebraska
Nebraska law doesn't provide a universal set of disciplinary rules. Rather, it gives the various school boards throughout the state the right to set up their own individual policies (R.R.S. Neb. § 79-262). The same law further grants school boards the right to come up with their own set of sanctions to respond to infractions.
The law does limit school boards' authority in some areas. For example, in order to expel a student, a school must believe that the student's conduct might seriously affect the health, safety, or welfare of the student, other students, staff members, or any other person or to otherwise seriously interfere with the educational process. In general, however, if you're curious as to your specific district's rules and regulations, you'll want to check the district website or your individual school's student handbook. That said, we can offer some basic information about the kinds of disciplinary issues Nebraska elementary and middle school students typically face.
Nebraska Middle and Elementary School Academic Misconduct Charges
We generally associate cheating and plagiarism with high school students, but even elementary school students can sometimes be charged with academic misconduct. Omaha Public Schools, for instance, maintain a Student Code of Conduct that covers the entire district, K-12. The very first item in that code is “Cheating or Plagiarizing.” These offenses are listed as “Level 1 or 2” and are not typically subject to serious or exclusionary discipline such as suspension or expulsion. Nevertheless, charges for students at such a young age can be traumatic, even if there's not a serious sanction involved.
Keep in mind as well that should an allegation of dishonesty find its way onto your child's permanent record or transcript, it can color their education experience through high school and even affect their later success with college and job applications.
Nebraska Middle and Elementary School Behavioral Misconduct Charges
Every school has its own quirks in terms of what is and isn't allowed on campus. However, there are some rules you can expect no matter where your child attends, such as these, which appear in the Lincoln Public Schools disciplinary policy.
- Bullying: Nebraska state law requires all schools to develop an anti-bullying policy and review the effectiveness of that policy on an annual basis.
- Drugs: All schools maintain some policy barring the sale, use, possession, and distribution of illicit drugs. Most also bar tobacco and alcohol from campus as well.
- Weapons: The Lincoln School District talks about both possession of firearms and possession of dangerous weapons other than firearms. Often, as in this case, fireworks qualify.
- Sexual Assault: Under Title IX, sexual misconduct is actually contrary to federal law. Schools are required to investigate all credible allegations and are encouraged to employ severe sanctions.
Note that some offenses like possession of weapons—offenses that put the school community in danger—carry particular weight. In the Lincoln district, violations of the weapons policy can result in expulsion of at least one year.
Note, too, that alongside rules about serious issues like drug possession, most school districts also bar lots of minor behaviors. Lincoln's policy, for example, prohibits “The voicing of disrespect to authority” and “tardiness.”
Nebraska Middle and Elementary School Academic Progression Issues
Disciplinary issues are not the only problems your child may face in Nebraska schools. Progression issues can be just as complex, and when they're handled inappropriately, they can be just as damaging. Research by the National Association of School Psychologists (NASP), for instance, shows that while students who are held back often show initial achievement gains, there are no long-term benefits to the practice. Further, students who are “retained” are less likely to go on to graduate high school.
Yet, many districts give instructors almost total authority in making these decisions. Sioux City Community School's Policy on Retention, for example, states,
The retention of a student will be determined based on the judgment of the licensed employee and the building administrator.
For emphasis, it adds,
It is within the sole discretion of the District to retain students in their current grade level and to deny promotion to a student.
You should have a say in how your child is treated, especially when it comes to their progress from one grade to the next. The Lento Law Firm can make sure you do.
Nebraska Middle and Elementary School Disability Issues
Disability rights can sometimes be a thorny issue for school districts. Most districts would rather not spend the money to provide disabled students with the materials and services they need and deserve. And many try to place such students in “alternative” classrooms or schools.
However, federal law entitles students with disabilities to an education that is equal to that of their peers. The Americans With Disabilities Act (ADA) and the Individuals With Disabilities Education Act (IDEA) both provide these students with important protections. Schools are required by law, for instance, to provide students with anything they need to succeed—technology, tutors, physical accommodations—at no cost to parents. These laws further dictate that students with disabilities should be in mainstream classrooms alongside their peers.
The Office of Special Education, part of the Nebraska Department of Education, further holds schools accountable for how they treat students with disabilities. You should know, for example, that this office requires districts to perform a “manifest determination” before disciplining any disabled student to determine whether their alleged conduct could be the result of their disability.
The Lento Law Firm is committed to helping parents of disabled students advocate for their children and get the treatment to which they are entitled.
Nebraska Education Attorney Services
You might ask at this point what, in concrete terms, the Lento Law Firm can do to protect your child and their rights.
As a starting point, the firm's Student Defense Team can help ensure your child is never subject to unfair disciplinary treatment. We'll work with you to uncover mitigating or exonerating evidence and to present that evidence to your district. We can negotiate on your behalf to ensure your child faces reasonable sanctions. We can accompany you to meetings and proceedings and make sure you and your child are treated fairly and with respect.
The Lento Law Firm isn't just qualified to deal with disciplinary issues, though. Any time you feel your child is being mistreated by their school or district, we're prepared to step in and hold faculty and administrators accountable for their actions. We're experienced with promotion issues, for example, and we're well-versed in disability law as it applies to education.
The bottom line is that the Lento Law Firm is on your side and will do whatever it takes to make sure your child gets the very best possible education.
Where the Lento Law Firm Can Help
The Lento Law Firm works with elementary and middle school students nationwide. That includes schools and districts across Nebraska.
Omaha Metro Area
- Council Bluff Community Schools
- Millard Public Schools
- Omaha Public Schools
- Omaha Suburban Area Schools
- Ralston Public Schools
Lincoln Metro Area
- Lincoln Public Schools
- Elmwood-Murdock Public Schools
- Malcolm Public Schools
- St. Ansgar Community Schools
- Seward Public Schools
Rural Nebraska Regions
- Beatrice Public Schools
- Hastings Public Schools
- McCook Public Schools
- Nebraska City Public Schools
- North Platte Public Schools
- Schuyler Public Schools
- Scottsbluff Public Schools
Premier Nebraska Education Attorneys
The attorneys at the Lento Law Firm have the background, the knowledge, and the experience to help you handle any education issue, no matter where in Nebraska you might live. To find out more, contact the Lento Law Firm today at 888.535.3686 or go online.
