San Diego area families with students enrolled in K-12 and college programs will tell you this: You don't think you need an education lawyer in your corner until you do. And even those students who don't face disciplinary action can find themselves in trouble with their California schools. Your student has rights that deserve protection, including support relating to:
- Special education and disability rights
- Individualized education programs (IEPs) and 504 plans
- Bullying and harassment
- Discrimination
- Free speech
- And more
When you have concerns about your school's actions or student-related decisions, you need the Lento Law Firm's Student Defense Team. We know the San Diego Metro area districts, plus other institutions throughout Chula Vista and Carlsbad. Let us help you protect your student's rights at any stage of their educational journey.
Call our offices at 888.535.3686 or tell us about your student's situation with our online form.
Education Legal Concerns San Diego-Area Students Can Face
Whether your student is a budding young middle schooler or a junior in college, one wrong move can derail their educational path to success. Each school, district, and university enforces its own guidelines. But each is also required to uphold state and federal regulations designed to protect students' rights.
Our legal advocacy includes instances like:
- Special education and disability law: A middle school student with autism is denied access to needed behavioral support services in violation of IDEA.
- IEP and 504 Plan enforcement: A high school fails to provide extended test time promised in a student's 504 Plan, leading to repeated academic penalties.
- Discrimination and harassment complaints: A student files a Title VI complaint after facing repeated racial slurs with no intervention by school staff.
- Student free speech and civil rights: A student is suspended for wearing a T-shirt supporting a political cause, raising concerns about First Amendment violations.
Who We Serve in the San Diego Metro Area
We represent students and families across San Diego County with a deep understanding of the region's schools, policies, and procedures. Whether your child is struggling to get appropriate accommodations or facing a disciplinary hearing, we offer tailored legal guidance rooted in years of experience working within local education systems.
K–12 Public School Districts
We regularly support families navigating challenges in:
- San Diego Unified School District
- Poway Unified School District
- Carlsbad Unified School District
- Chula Vista Elementary School District
Charter and Private Schools
We also represent students in nontraditional settings, including charter and private schools, where policies may differ, but legal protections still apply:
- High Tech High
- Cathedral Catholic High School
- The Bishop's School
Colleges and Universities
For college students facing Title IX investigations, accommodation denials, or student conduct violations, we provide experienced representation at:
- University of San Diego (USD)
- UC San Diego (UCSD)
- San Diego State University (SDSU)
- Cal State San Marcos
- Grossmont College
We serve clients throughout the entire San Diego Metro area, including La Jolla, Del Mar, Encinitas, Chula Vista, and Carlsbad. Wherever your student attends in San Diego County, we're here to protect your rights, advocate for fair treatment, and help secure the education your child deserves.
Special Education & Disability Rights in San Diego Schools
Students with disabilities have rights under IDEA, Section 504, and the ADA. But those rights aren't always honored at the district or classroom level. We've seen students who miss out on autism services or who are denied accessible housing despite clear documentation.
Common legal issues we help families address include:
- Schools refusing to evaluate a student for special education eligibility.
- Districts failing to follow through on IEP or 504 plan requirements.
- Lack of appropriate classroom aides or behavior intervention plans.
- Denial of mobility, housing, or academic accommodations at the college level.
- Administrative delays or vague “policy” denials that ignore federal mandates.
IEPs and 504 Plans for Students
It's not uncommon for students to miss out on critical and adequate educational support. And whether it's a misfiling of paperwork or something more serious behind the lack of accommodations, you need an advocate to protect your student's right to proper IEP and 504 plan implementations.
We help families:
- Prepare for and attend IEP meetings.
- Advocate for accurate evaluations and diagnoses.
- Push back when schools minimize student needs.
- Appeal denials or reductions in services.
- Enforce accommodations for college students, even when school officials resist.
Did you know? Section 504 defines student disability more broadly than IDEA, meaning a student who does not qualify for an IEP may still have a 504 plan, as shared by the National Center for Learning Disabilities.
Your Rights When Bullying or Harassment Occurs on Campus
Bullying and harassment in any capacity remain major issues in middle and high schools across San Diego. On college campuses, students can experience mishandled or minimized Title IX complaints, too. We act when schools ignore reports, punish victims, or fail to protect students. Whether it's demanding safety accommodations or filing a formal complaint, we help families take action and get results.
Examples of bullying and harassment include:
- Schools ignore or dismiss bullying and harassment reports
- Victims are disciplined instead of protected
- Students face retaliation for speaking up
- Colleges mishandle Title IX sexual harassment or assault cases
- Trauma creates academic or housing challenges for the student
Forms of Student Discrimination
Discrimination shows up in many ways, like harsher discipline for students of color, unequal access to gifted programs, or biased college hearings. We've seen it in college admissions and conduct decisions.
Using Title VI, Title IX, and Section 504, our Student Defense Team will file complaints, request investigations, and hold schools accountable for treating students unfairly. When bias affects your student's education, it's time to bring in our advocates:
Discrimination might be an issue if:
- A student of color is disciplined more harshly than peers for the same behavior.
- A student with ADHD is denied access to honors courses.
- Female college students face retaliation after reporting misconduct.
- Religious students are denied accommodation for faith-based observance.
Your San Diego Student's Rights to Free Speech
Students have free speech rights just as any other citizen. Their rights are protected, regardless of their clothing, peaceful protests, or personal views. We've defended students suspended over political expression and helped others targeted for activism. Our team will also challenge due process violations during investigations that can damage transcripts or derail futures. These issues matter, and we fight to protect your student's rights, record, and reputation.
First Amendment rights to free speech aim to combat:
- Dress codes or policies intended to silence expression
- Speech or artwork that may be unfairly censored
- Restrictions to prevent activism or peaceful protests
- Due process denial in disciplinary investigations
Why You Shouldn't Navigate Student Discipline Alone
When a student faces academic suspension, expulsion, or any kind of disciplinary action, it's tempting to handle things directly with the school. After all, it's just a school administrator. And it might even be someone your student's been with for several school years. However, school systems have policies and legal teams designed to protect their interests, not necessarily yours.
Without experienced legal guidance, families often agree to outcomes that permanently damage a student's record or future. For example:
- A student might be pressured into admitting wrongdoing to “make it go away,” only to face long-term consequences like lost college admissions, denied financial aid, or a disciplinary mark that follows them for years.
- In some cases, evidence isn't properly reviewed, due process is skipped, or the punishment far exceeds the offense.
- Parents may not even realize they have the right to access records, present evidence, or appeal.
Whether you have a Junior facing a high school suspension or a college student required to attend a university conduct hearing, these are legal matters with real stakes. Having a legal partner like the Lento Law Firm's Student Defense Team ensures your student's voice is heard, their rights are protected, and their future remains on track.
What's at Stake
Too often, San Diego area families don't realize how far-reaching these penalties can be until it's too late. A “minor” incident can trigger a chain reaction that jeopardizes your student's academic progress. But it could also put future opportunities at risk and create added stress that impacts your child's emotional well-being, too.
For K–12 Students
Disciplinary measures in public and private K–12 schools vary, but they often include:
- Suspensions: In-school or out-of-school suspensions can interrupt learning, hurt grades, and create a paper trail that follows a student across school transfers.
- Expulsions: An expulsion can remove a student from their school for an entire semester or year (sometimes permanently) and make it harder to re-enroll elsewhere.
- Behavioral contracts or “probation:” These agreements may impose strict rules that, if broken, lead to harsher discipline. Parents often feel pressured to sign them without legal advice.
- Denial of services or participation: Students may be barred from school events, extracurriculars, or special education services, actions that can worsen isolation and affect mental health.
- Referrals to alternative schools or continuation programs: While sometimes framed as a supportive measure, this often stigmatizes students and derails academic momentum.
- Even younger students may face punitive actions that signal serious “behavioral issues” in their records. These are issues that can later affect IEP decisions, placement in advanced classes, or eligibility for school programs.
For College and University Students
At the college level, disciplinary actions tend to be more formalized. Your student is an adult in these scenarios, which can have permanent academic and professional repercussions:
- Conduct violations: Schools might accuse or charge students with violating vague codes of conduct. These can be brought sometimes without clear standards of evidence or due process.
- Academic misconduct findings: Plagiarism, cheating, or improper AI-use accusations can lead to course failure and unfair transcript notations. Worst-case scenario, your student might face academic probation.
- Suspensions and expulsions: Students can actually be banned from campus, housing, or classes in some cases. This can potentially delay graduation or end their academic careers altogether.
- Loss of scholarships or financial aid: Adverse disciplinary findings can have financial implications. Students could lose merit-based scholarships or fall below the required academic standards.
- Housing reassignments or bans: A student may be forced to move or lose housing due to alleged rule violations, disrupting stability and increasing expenses.
- Disciplinary records: Some schools report disciplinary actions on official transcripts, which can be seen by graduate schools or employers.
What to Do If Your San Diego Area Student Is Facing Discipline
When your child is suddenly facing suspension, expulsion, or another serious disciplinary action, emotions can run high. But what you do in those early moments can make all the difference.
These steps can help you stay grounded and avoid making decisions that may impact your student negatively in the long term. Schools can try to move quickly, but you don't have to respond to the pressure. Pause, gather your student's situational information, and get the right support before you or your student agrees to anything.
Here's a helpful checklist of reminders:
- Stay calm and take notes: Write down everything you remember, who said what, when it happened, and what was promised.
- Don't sign anything without legal review: Some schools push families to sign behavior contracts or admission forms that can limit appeal rights.
- Request all records and communication in writing: Ask for emails, incident reports, hearing notices, and all related documentation.
- Contact an education lawyer before the hearing: Having legal support early can change the outcome and protect your student's future.
Talk to the Lento Law Firm's Student Defense Team
The decisions made in these moments can shape your student's academic path, emotional well-being, and long-term future. You don't have to face it alone. Our team brings deep experience in San Diego Metro area school systems, a firm understanding of education law, and a fierce commitment to protecting students' rights. Let us help your family navigate the process, fight back when necessary, and get the outcome your student deserves.
Call our offices at 888.535.3686 or connect with us online to tell us more about your student's case.
