If you're a parent of an elementary or middle school child, you've got a lot of things to worry about including bedtime, nutrition, screen time, and finding a free moment to yourself occasionally. Your child's education should not be one of those things.
You do your part: you get your kid up every day; you make sure they study and do their homework; you even serve on the PTA. You shouldn't have to defend your child against unfounded misconduct allegations, though, or make sure their teachers give them the accommodations they need because of their ADD, or track down their pediatricians to give testify that the “drugs” they were taking at lunch were antihistamines.
You don't have to. You're there for all your kids' basic needs. Let us worry about dealing with their school's educational bureaucracy. The Lento Law Firm was founded to help make sure students are treated fairly, that they get all the rights they deserve, and that they have an opportunity to receive a top-tier education. Whether your child is struggling to get the disability resources they're entitled to or you just want to dispute their P.E. grade, we can help. Call 888.535.3686, or go online now.
Disciplinary Authority in West Virginia
The most common issues for elementary and middle school students in West Virginia have to do with discipline. State law grants individual district school boards throughout the state general authority to adopt their own disciplinary policies and to administer proper discipline (See 18A-5). In simple terms, it's up to your school district's administration to decide what rules schools should have and what penalties should apply to anyone who breaks those rules.
Given that circumstance, it's impossible to say what the rules are at your specific school. However, we can tell you that your district is required to make those rules public and to make sure all teachers, students, and parents are aware of them. In addition, we can offer a general sense of the kind of rules all school districts tend to enact.
Academic Misconduct
As a starting point, virtually all schools have some policy barring cheating, plagiarism, and other types of classroom dishonesty. The Kanawha County School District, for instance, treats academic misconduct as a Level II offense. Students can lose credit on assignments. They can also lose privileges, like the opportunity to go on field trips. In the most extreme cases, students can even be suspended for Level II offenses.
Beyond any sanctions, however, it's important to keep in mind that cheating allegations can potentially color the rest of your child's education. If a teacher records such an incident in your child's permanent record, it will affect how future teachers view them, creating an endless cycle of unfair suspicion.
The attorneys at the Lento Law Firm can protect your child from unfair accusations and make sure they don't suffer any undo punishments. In addition, we work with school districts to help remove disciplinary actions from student records. If your child has been in trouble in the past, contact us today to see how we might be able to help.
Behavioral Misconduct
In addition to academic misconduct policies, all schools in West Virginia have behavioral misconduct policies. These can sometimes be extensive, covering everything from what constitutes “appropriate language” to what students are allowed to wear. The disciplinary section of the Berkeley County student handbook, for instance, runs to almost forty pages. Among the rules—rules you can expect from virtually any school district—you'll find prohibitions against
- Drug use, possession, and distribution: Berkeley County goes so far as to outlaw the distribution of anything that is implied to be a controlled substance, whether or not it actually is.
- Hazing: Students are expressly prohibited from engaging in reckless behavior as part of an initiation process.
- Gambling: Most schools in West Virginia bar games of chance if money is involved.
- Disrespectful Conduct: Ultimately, any behavior that disrupts class or violates school or classroom rules can result in disciplinary sanctions.
Again, school districts also have the authority to develop a list of appropriate sanctions and to tie those sanctions to specific policy violations. West Virginia encourages districts to avoid the use of corporal punishment as well as exclusionary discipline (suspension and expulsion), but it does not expressly forbid these punishments.
The Lento Law Firm can represent your student if they've been accused of any type of misconduct. The firm's attorneys can speak on their behalf at any district hearings, collect and organize exonerating and mitigating evidence, and negotiate for fair penalties when penalties are called for. We're here to protect you and your family's rights.
State Prohibitions
West Virginia gives broad authority to school districts to regulate their schools, but the legislature has passed some specific laws relating to student discipline.
- Weapons Possession: §61-7-11a makes it a crime to possess a deadly weapon on educational premises.
- Bullying: §18-2C-3 prohibits bullying and all forms of harassment and intimidation.
In addition, federal law—Title IX—bars sexual harassment on school campuses and prescribes a set of procedures for handling all such cases.
Of course, school districts have no leeway when it comes to enforcing state and federal law. However, you are always entitled to defend your child against allegations. The attorneys at the Lento Law Firm can work with you to protect your child whenever they've been accused of wrongdoing. They're committed to ensuring your child is treated fairly, and they have the background, knowledge, and experience to back up that commitment.
West Virginia Middle and Elementary School Disability Issues
If you're the parent of a child with a disability, whether that disability is physical or a learning disability, you may have special concerns. Districts are required by federal law—both the Americans with Disabilities Act (ADA) and the Individuals with Disabilities in Education Act (IDEA) to ensure students with disabilities get equal access to a free, appropriate education. This means your child may be entitled to resources and services. It also means they should be placed in mainstream classrooms alongside their peers. Not all schools follow guidelines as they should, though. Whether they are trying to save the district a little money or they just don't have a full understanding of the law, the Lento Law Firm can hold them accountable for their responsibilities.
Students with disabilities are also entitled to special consideration when it comes to school discipline. Any time a disabled child is accused of misconduct, for example, the district must undertake a “manifest determination” to determine whether the misconduct might be a product of the disability itself and whether it might have been prevented through the proper use of an Individualized Education Plan (IEP). Here again, the attorneys at the Lento Law Firm know the law. They know how the West Virginia education system operates. And they're experienced at making sure students with disabilities are treated fairly.
Where We Can Help
The Lento Law Firm handles a broad range of issues related to elementary and middle school education. We also work with students in districts across the state of West Virginia, including those in
- Kanawha County
- Berkeley County
- Wood County
- Cabell County
- Monongalia County
- Raleigh County
- Harrison County
- Putnam County
- Jefferson County
- Mercer County
- Marion County
- Wayne County
- Fayette County
Premier West Virginia 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 day of missed classes can have long-term effects on a child's education. 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.
