Discipline may be an expected part of the school environment, but knowing that doesn't make it easy when your child is subjected to the process. Your student may not have done anything wrong and is being unfairly punished. Or your student erred, but the school's suggested disciplinary action is out of proportion to the misconduct.
Disciplinary action can have a negative effect on your student's education and future. Behavioral issues can often be an indicator of needed support. Research shows that supporting children rather than punishing them can lead to better results.
As a parent, you want to help your child, but you may be overwhelmed. Turning to a legal team with nationwide experience in disciplinary placement is one way to gain a needed ally.
What Types of Discipline Does Idaho Allow in Public Schools?
The state allows the following types of discipline:
- Grade Reduction
- Detention
- Time Out
- Restrictions on interscholastic or ceremonial activities
- Suspension of driving privileges
- Suspension
- Expulsion
- Conditional Readmission
- Restitution
Individual districts may have additional disciplinary procedures, and the state allows districts to decide some of the specifics of state-mandated policies. You should reference your student's handbook to learn the details for your school district.
Do These Laws Apply to All Schools in Idaho?
Laws about education often apply only to public schools. Charter or private schools may have their own policies. While these policies may be similar to federal and state law, most will not have the backing of the law.
Private and charter schools may have policies that are banned under state law. For example, Idaho banned restraint as a disciplinary practice in public schools. Private and charter schools may continue to use the practice.
What is the Difference Between Suspension and Expulsion?
In both suspension and expulsion, a school bans a student from attending classes and school. The differences are in the length of time a student is removed from classes and the due process procedures.
In Idaho, suspensions are less than 20 days. Any exclusion of more than 20 school days is considered expulsion. Idaho does allow expulsions to continue to the following school year. Expulsion can also be permanent.
Who Decides to Suspend My Student?
In Idaho, the length of the proposed suspension determines who makes the decision. For suspensions under five days, the school principal makes the decision. The superintendent may add up to an additional 10 days. If the school board believes that allowing the student to return to school would be detrimental to other students' health and safety, the board may extend the suspension for an additional five days.
For each extension, a student must be allowed to exercise their rights under rudimentary due process.
What is the Procedure for Suspension?
Idaho does not require a formal hearing for suspension. The state refers to this process as “rudimentary due process,” which includes the following steps:
- Notice and explanation of charges
- An opportunity for the student to present their version of events or evidence
- An evidence-based decision
These procedures apply for both in-school and out-of-school suspensions.
In an emergency, such as a risk of substantial harm, a school district may postpone these due process requirements.
Can a School District Suspend a Student During the Expulsion Process?
Yes. The exception is for students with disabilities, who may be entitled to receive certain services and support.
Who Can Expel a Student?
In Idaho, school boards alone have the authority to expel a student or deny enrollment.
What is the Procedure for Expulsion?
Expulsion can have serious repercussions for students. Families should ensure that a district is abiding by both legal and district policies throughout the process. Idaho allows students to be represented by legal counsel during the hearing.
A potential expulsion should begin with evidence gathering, including interviewing witnesses. Families should receive written notice of both the charges and the hearing. The notice should be sent by certified mail or delivered in person. Idaho does not have a specific time requirement for when the family must receive the notice, only that the time be “reasonable.”
A student or their family may waive the student's right to a hearing. In these cases, the school board alone has the right to order an expulsion.
What Is the Procedure During an Expulsion Hearing?
All expulsion hearings should be conducted in front of an impartial panel. Idaho breaks down an expulsion hearing into the following sections:
- The opening
- The evidentiary portion, during which time both sides can present their evidence, including witnesses
- The closing, during which the hearing panel should mention the student's appeal rights
The school district has the burden of proof during the hearing. This means they are responsible for showing why a student should be expelled.
Can An Expulsion Decision Be Appealed?
Yes. Each school district sets its own policies regarding the appeals process.
What is Conditional Readmission?
After a student has been suspended or expelled, a school district may offer the student conditional readmission. This option is not available in all circumstances.
Conditional readmission allows a student to return to school immediately or earlier than expected. The caveat is they must abide by certain conditions. Failure to meet these conditions will result in the school revoking the conditional readmission.
If a school district agrees to conditional readmission, parents or guardians should make sure they have a written copy of the agreement that includes the conditions and how they can be satisfied.
My Student Had Their Driving Privileges Suspended. Is That Allowed?
Yes. Idaho allows school officials to inform the Idaho Department of Transportation when a student under the age of 18 either drops out of school or has frequent absences or other attendance problems. The school will send written notification to both the Idaho Department of Transportation and parents or guardians about the school's request to suspend the student's driving privileges.
Families may request a meeting within 15 days of receiving notification. Hearings must be conducted within 30 days of receiving the request for a meeting. The purpose of this hearing is for families to show why the suspension would cause hardship to either the student or the family. Examples of hardship include a negative impact on a family member's employment or medical care.
Families can enlist the help of school staff members, including counselors, to show why a license suspension would cause hardship. A family can appeal the superintendent's decision to the board of trustees.
If a family does not request a meeting or if a hardship waiver is denied, the school will notify the Department of Transportation.
What Happens if My Student Brings a Gun or Other Weapon to School?
Idaho incorporates the Gun-Free Schools Act into its laws. This federal law requires that a school district suspend a student for at least one year when that student brings a firearm to school.
Idaho's laws go beyond the GFSA and make it a misdemeanor for any individual to bring any deadly or dangerous weapon onto school grounds. The state defines school grounds to include not only the physical school grounds but also:
- Any stadiums or other facilities
- Any school-sponsored event, including those occurring on property not owned or leased by the school district
- Any school-sponsored transportation
For students, this ban extends to attendance or participation in any school-sponsored event, regardless of location.
Individual school districts may have rules restricting students from bringing other weapons not banned under federal or state law onto school grounds. In these cases, the school district will determine the disciplinary actions.
My Student Brought a Firearm to School. Does the Law Allow for Any Modifications to the Mandatory Expulsion?
School officials may modify, in writing and on a case-by-case basis, an expulsion that is the result of a student possessing a firearm. Families should be prepared to show why the situation warrants either a waived or reduced expulsion period.
Another example of when an exception might occur is if it conflicts with other federal or state laws. If, for example, a student has disabilities, they are protected under the Individuals with Disabilities Education Act (IDEA). Any disciplinary action cannot conflict with that student's rights under IDEA, and a board of trustees may modify the mandatory expulsion period to conform with IDEA.
Are There Any Exceptions to the Rules About Firearms?
Yes. Possession of a firearm on school grounds or at a school event is allowed when the firearm is:
- Part of an activity, including hunting safety courses, approved and authorized by the school district
- Lawfully stored inside a locked vehicle
If My Student and I Disagree with a School's Disciplinary Decision, Can We Sue in State Court?
No. While some states allow judicial review of school board decisions, Idaho does not. The exception is if a family believes there is a violation of the Constitution or their student's due process rights.
Can a School Refuse to Enroll a Student Who Has Been Expelled?
Yes. Idaho allows school districts to decline to enroll a student who has been expelled from another school district. The other school does not have to be in Idaho for this rule to apply.
If a school district denies a student enrollment, the student may request a hearing. The sole subject of the hearing is determining if the student is the same student expelled from another school district.
My Child's School Called the Police on My Child. Is That Allowed?
Generally, yes. Idaho allows school districts to set their own policies regarding the use of law enforcement to handle student disciplinary issues. Beyond district policy, schools may contact police or other law enforcement agencies for an emergency or due to a threat to the health and safety of the school community.
My Student Was Suspended for Being “Reasonably Suspected” of Using Drugs. Is This Allowed?
Yes. For drug or alcohol use, schools only need “reasonable suspicion” to subject a student to discipline or other actions. Idaho defines reasonable suspicion as a belief that a student is under the influence. A staff member's training to recognize the signs and symptoms of drug or alcohol use is a factor in determining reasonable suspicion.
What a school employee cannot do is use reasonable suspicion to intentionally harass a student.
What is Intentional Harassment?
Idaho defines intentional harassment as engaging in behavior or conduct towards a specific student with the intent to alarm, annoy, threaten, or intimidate them. To qualify as intentional harassment, the employee's behavior must be:
- Knowing and willful
- Serve no legitimate purpose
- Of a type that would result in a reasonable person suffering substantial emotional distress
These requirements also apply to independent contractors.
If a staff member or contractor intentionally harasses a student, they may be subject to civil liability and could be guilty of a misdemeanor. If you believe a member of your student's school staff has intentionally harassed your student, you should contact an experienced legal team.
When Can a School Staff Member Conduct a Search?
While schools do have a right to conduct a search, this must be weighed against a student's rights. Idaho poses two key questions that should be asked before conducting a search:
- Does the school have reasonable suspicion before the search?
- Given the circumstances, is the search reasonable?
What this means is that the staff member cannot claim a search was reasonable with information gained during or after the search.
The extent of the search is also matters. If, for example, a school administrator searches a student's phone because they have evidence the student is using text messages to sell drugs, the search should be limited to any texting apps. The administrator would not have a reason to review the student's photos.
If you believe your student was subject to an unreasonable search, you should conduct an attorney.
What Does Idaho Consider a Search?
Idaho defines the following as a search within an educational setting:
- Any intrusion or invasion of a student's justifiable expectation of privacy
- A pat down
- A request for a student to empty their pockets
- Any examination of a student's backpack or vehicle, especially for contraband items such as drugs or other controlled substances
- A breathalyzer test
- A check of a student's cell phone or other electronic devices
Students do not have any justifiable expectation of privacy for locations a school controls. One exception is lockers. Idaho does not have an explicit rule about lockers, leaving the subject for school districts to decide.
My Student's Teacher Took Their Cell Phone. Can They Do That?
It depends on the situation. With technology, one important detail is who owns the device. For school-owned technology, such as laptops or tablets, students have no expectation of privacy.
When a device is the student's personal property (or purchased by parents or guardians), a student does have an expectation of privacy. In these cases, any search should be based on reasonable suspicion and limited in scope. A student's use of a phone alone, even if contrary to school or classroom policy, is not sufficient grounds for a search.
To search a phone or other device, a school administrator must have evidence that is current, specific, and reliable. This evidence must not only be about a student's alleged misconduct but also that the phone or device contains evidence.
Can a School Ban My Student from Attending School Without Suspending or Expelling Them?
No. Even if your student is chronically absent or has low grades, schools must allow students to attend classes. Schools must go through the normal process of suspending or expelling a student before they can prevent a student from attending school.
Can a School Ban My Student from Extracurricular Activities?
Idaho views participation in extracurricular activities, including athletic events and ceremonial activities, such as graduation, as a privilege and not a right. Schools may limit participation in any of these events or activities as part of a disciplinary action.
Schools may consider a student's off-campus, non-school use of drugs, alcohol, or other controlled substances when restricting attendance or participation in extracurricular activities.
Before being restricted from an extracurricular activity, students must receive clear notification of the relevant policies and provided with basic due process.
Can a Teacher Reduce My Student's Grade?
Possibly. If a student's misconduct directly relates to their academic work, a teacher may reduce that student's grade. Cheating or frequent absences are both examples of conduct that can result in a reduced grade.
Can a Teacher Withhold Credit for a Class?
No. Idaho forbids the withholding of any course credit or diploma as a disciplinary measure.
Does Idaho Allow Corporal Punishment in Schools?
No, public schools may not use corporal punishment.
Does Idaho Allow Restraint or Seclusion in Schools?
It depends on the type of school. Beginning in the 2023-2024 school year, Idaho banned restraint and seclusion in public schools. The law does not apply to private or charter schools, which may make their own policies.
What are Alternative Schools?
Alternative schools are intended for at-risk students. Idaho has a guide for determining whether students are considered at risk. Beginning in Grade 7, students who meet at least three criteria in Section A of the guide and at least one in Section B are considered at risk.
Not all schools have a dedicated alternative school but are likely to have a program to assist at-risk students. These programs and schools are open to all students, including those with disabilities. If a student has a disability, the alternative school or program must still meet the student's Individual Education Plan (IEP).
Parents or guardians may choose to enroll their student in one of these programs. If you believe your student would benefit, you have to contact your child's current school to see if your child qualifies and if the program or school has space.
How Does an Alternative School Differ from a Traditional School?
Idaho includes additional requirements for programs and services in alternative schools or programs. In addition to the required academic content, alternative schools or programs must have the following components:
- Personal and career counseling
- Physical fitness and personal health
- State-approve career programs
- Personal finance, parenting, and childcare
Schools may choose to provide other services.
What is an Interim Alternative Educational Setting (IAES)?
An IAES is intended for students with disabilities. Students with disabilities who have engaged in certain behaviors or other actions may be placed in an IAES for up to 45 days.
Some reasons a student may be sent to an IAES:
- Possession of a firearm or other weapons
- Possession or use of drugs, alcohol, or controlled substances
- Actual or attempted infliction of serious bodily injury to another
Schools cannot extend attendance at an IAES beyond the 45-day period. The exception is if a return to the student's previous educational setting would result in injury to the student or others. In these cases, attendance at an IAES will continue until the student or others are no longer considered to be in danger.
Attendance at an IAES is based on school days and can continue from one school year to the next.
What Services Must an IAES Provide?
Students attending an IAES must still be able to participate in the general education curriculum and progress to their IEP goals. While at an IAES, a student does not have to receive the same services as in their normal school or program. The IEP team will decide what services are needed while the student is at the IAES.
My Student Has a Disability. Can They Be Suspended or Expelled?
Yes. While students with disabilities do have additional rights and cannot be disciplined more harshly than nondisabled students, a disability is not a blanket defense against all disciplinary action. If a student's actions were not due to their disability, they will be disciplined in the same manner as any other student.
At the same time, research indicates students with disabilities are more likely to be subject to school discipline. An inadequate IEP or a failure to implement an IEP can also lead to issues. If you believe your student is struggling due to a problem with the IEP, you should contact the school district to arrange a meeting.
Schools may suspend or expel a student with disabilities, although schools may need to provide services or other support. For any suspension lasting longer than 10 days, a school district must provide educational services. If a student with disabilities is expelled, the district must still provide services that fall under the free appropriate public education (FAPE) requirements. Students with disabilities may also be sent to an IAES.
Can My Student's IEP Include Disciplinary Measures That Differ from the District's Policies?
Yes. If a student's IEP provides for specific disciplinary actions, these actions will generally take precedence over the district's policies.
Protect Your Student's Education and Future
Your student has a right to an education. Disciplinary action can harm or limit that education, especially for students who are at risk or have disabilities.
When your student faces disciplinary action, you may be overwhelmed with how to proceed. What a school district wants or recommends may not align with your student's best interests.
The Lento Law Firm can provide the support and guidance your student needs. We stay up-to-date on the law and help parents and students nationwide navigate educational issues. Contact us online or by 888-535-3686.
