A student's high school experience has incredible power to shape the young adult they will become after graduating. These four formative years are filled with academic and social rites of passage, challenges, and celebrations. As students begin to zero in on the subject matter they wish to pursue at a trade school, community college, or university, they also learn life lessons in collaborating with others, being part of a community, and learning from mistakes.
Young people do make mistakes. They're supposed to. By nature, teenagers test limits, take risks, and sometimes practice faulty judgment. This time of life should be a time for learning consequences, positive and negative, learning to try again and make better decisions the next time, and repairing harm when harm is done.
All too often, though, high schools have zero-tolerance discipline policies and are accustomed to doling out punishments relatively unchecked. This can make it difficult for students who do make mistakes to have a fair chance at accessing important opportunities after high school. Once-open doors can slam shut quickly after harsh disciplinary consequences permanently mark a student's behavior records.
On this page, we'll discuss several obstacles students can face that may lessen their chances of getting into a reputable college or post-high school program, setting the stage for the possibility of early adulthood filled with struggles to catch up with peers. Obstacles could include unfair accusations of plagiarism or cheating or even something as serious as an unsubstantiated allegation of bullying or sexual harassment. It goes without saying that bad behavior, especially behavior that is harmful to others, should be met with consequences, but the consequences shouldn't unnecessarily brand a student for life in a way that robs them of future opportunities.
If your child is experiencing anything less than a stable, welcoming, and fair learning environment in their Illinois high school, the Lento Law Firm's Student Defense Team can help. Our goal is to protect students' rights and ensure they are afforded the chance to learn (including learning from mistakes) and thrive in an equitable, inclusive, and humane setting. Tell us what your student is facing by calling 888-535-3683 or relaying their story through our online form.
The Illinois Educational System
Let's start by outlining who high schools in Illinois answer to, and what parameters they are under when it comes to determining the types of discipline they are allowed to administer for various behaviors. In the event your child needs you to support and advocate for them, you need to know the system's structure.
Federal Law and Illinois High Schools
First, there are important federal laws on the books that high schools are required to adhere to. For example, schools are not permitted to violate the Individuals with Disabilities in Education Act (IDEA), and they must abide by Title IX restrictions on sexual harassment and discrimination as well as Title IV restrictions on discrimination based on one's race, sexual orientation, or religion.
Restorative Approaches to High School Discipline
By and large, reflecting a nationwide shift, high schools in Illinois are trending toward incorporating restorative strategies into their discipline policies when a student violates the school's code of conduct, student rights and responsibilities, or behavior education plan. These may include mediation, counseling, community service, or restorative circles. Restorative practices are designed to restore and repair harm, allow the student the opportunity to “right their wrong,” and learn from the experience.
Suspensions and Expulsions in Illinois High Schools
While a restorative approach to discipline is becoming more popular in Illinois and beyond, discipline can and still does take more traditional forms – suspensions, expulsions, and reassignments among them – when the offense is serious enough.
Illinois State Law and High Schools
High schools in Illinois do have these types of sanctions at their disposal. Illinois Compiled Statutes (ILCS) state that the Illinois State Board of Education “shall have the power and the authority to…expel or suspend pupils for disciplinary purposes or to assign or reassign them as the needs of the district or the pupil shall be determined best.”
While Illinois high schools have some latitude in writing their own codes of conduct and discipline policies, these policies do need to align with Illinois laws that strictly prohibit behaviors like bullying, possessing weapons on campus, or dealing drugs on school grounds.
Illinois law notes that students found responsible for “gross disobedience” may be investigated, expelled, or transferred to an alternative program.
With these laws and policy approaches in mind, let's explore some common types of misconduct found in high schools.
Academic Misconduct
Typical examples of academic misconduct at the high school level in Illinois include:
- Plagiarism: Copying or taking credit for someone else's work, whether purposefully or unintentionally.
- Cheating: Submitting someone else's work, copying another student's homework assignment or test, allowing others to copy your work, or using off-limits resources.
- Bribery: Offering cash or another incentive to a staff member, school administrator, or student in exchange for a better grade or completed work.
- Falsification or forgery: Providing false information to be excused from class or homework, fabricating academic records, or helping someone else falsify information.
- Collusion: Working with others to plagiarize, cheat, bribe, or falsify information for the purpose of gaining academic advantage.
- Sabotage: Deliberately disrupting others' tests or experiments, changing a group project without informing the other group members, or any actions that prevent others from completing their work.
Classroom-Level Consequences
At the majority of Illinois high schools, teachers are the ones who will initially recognize (or believe they recognize) instances of academic misconduct and will often assign a consequence to a student they believe is in violation without a second opinion or anyone's perspective but their own.
The power dynamic here shouldn't go unnoticed. One adult has all the authority they need to accuse a student of cheating, for example, and develop classroom sanctions such as assigning extra work or lowering a student's grade – sanctions that might make their way to a student's permanent academic record.
If Academic Conduct Becomes Habitual
If a student's academic dishonesty continues beyond one incident, the problem can trigger more serious consequences at the school level or beyond. The student might receive a failing grade or be prevented from participating in extracurricular activities.
The Chicago Public Schools Student Code of Conduct considers plagiarism and forgery “seriously disruptive behaviors” and, if repeated, can be punishable by suspension.
Other consequences of academic dishonesty in high school could be more long-term. If a student is accused of a serious offense, their counselor might report the infraction to colleges and universities when asked.
Your Right to Question a Consequence
What many students aren't aware of is that when teachers impose even slight penalties for cheating on work or working with others on a project when not authorized to do so, this can go on their permanent academic record. The structure of high schools is one in which the adults have authority, and students must listen to them. However, students should be encouraged to challenge unfair or unfounded accusations of academic misconduct rather than passively accept punishment for them. These documented cases, even of mere warnings, can influence whether a particular college or university will offer a spot to a student who has them on their record. The truth is that schools sometimes assign penalties that are too severe for the infraction. Questioning why, with a respectful attitude, in these cases should be the default.
School districts like Oswego Community Unit School District 308 explain in their Student Rights and Responsibilities Code that students have rights around reviewing and challenging their academic and behavior records. “The Family Educational Rights and Privacy Act (FERPA) and the Illinois School Student Records Act (ISSRA) afford students certain rights with respect to their education records.” They include:
- The right to inspect and review a student's education records
- The right to challenge student education records, exclusive of grades and references to expulsions or out-of-school suspensions
- The right to file a complaint with the U.S. Department of Education if they feel the district failed to comply with FERPA
Encourage Your Student to Talk to You
We all know that high school students aren't generally known for their transparency. But encouraging your teenager to talk to you about what's happening in school, and listening to them in a way that is judgment-free and open-minded, could have a major impact on what opportunities are open to them after high school. Even students who know they haven't done anything wrong may fear telling their parents about a teacher's imposed consequences because they worry they won't be trusted.
If your teenager has been accused, falsely or not, of academic misconduct and is facing unfair sanctions, the Lento Law Firm's Student Defense Team is here to help. We negotiate with high school and school district teachers and administrators throughout Illinois and nationwide and will stand up for your student's rights and their future. This may look like having a discussion with a teacher, representing your student at a formal disciplinary hearing, or clearing their name of wrongdoing on official school records.
This time of life is too important to leave to the whims of school personnel, who may or may not have personal grievances with specific students. Allowing future opportunities – college acceptance, scholarships, job opportunities, and more – to be levied unchallenged only reinforces the message to kids that they should accept what life throws at them without thinking critically about fairness and repercussions. We are all more than our worst deed or our worst day. Your student deserves the chance to prove this.
Non-academic Disciplinary Misconduct
Non-academic disciplinary misconduct generally refers to actions that threaten to or actually hurt or damage someone else or their property. Schools in Illinois are permitted to exercise some discretion in punishments, but the following behaviors often result in suspension, expulsion, and/or transfer to an alternative education program:
- Possessing a firearm, knife, brass knuckles, or other weapon on school property
- Possessing illegal drugs
- Possessing any other item or substance that poses a danger to others
- Engaging in physical violence with another student, teacher, staffer, security guard, or other party on school grounds
- Engaging in consistent or particularly egregious bullying
- Possessing alcohol on school grounds or being intoxicated on school grounds
- Theft
- Vandalism
- Using school computers for inappropriate means
Many of these are behaviors that are prohibited by state law, such as bullying. The Oswego Community Unit School District 308 student rights and responsibilities code explains that bullying is contrary to Illinois state law and district policy. According to the Illinois General Assembly, “a safe and civil school environment is necessary for students to learn and achieve, and that bullying causes physical, psychological, and emotional harm to students and interferes with students' ability to learn and participate in school activities.”
Less Serious Code of Conduct Violations
Beyond these examples of relatively clear-cut misconduct, high school codes of conduct also include expectations and sanctions for arguably more innocuous things like dress codes, the use of cell phones, chewing gum, running in the halls, talking in class, and so on.
In the Rockford Public School District, for example, students are not allowed to wear hats, hoods, or any other type of head covering unless they are worn for religious purposes. Students cannot wear clothes depicting alcohol, tobacco, or other drugs or with obscene, derogatory, gang-related, or sexual depictions, messages, or symbols. Its cell phone policy has some latitude built in, with individual teachers given the power to decide who can and can't use a cell phone in their class for educational purposes or during emergencies. You can see how teachers have quite a bit of authority to apply different rules to different students.
Some examples of prohibited student conduct in the Naperville Community Unit School District 203 include:
- Wearing spiked jewelry
- Disrespecting staff or volunteers
- Wearing clothing with distasteful symbols
- Participating in an unauthorized fraternity, sorority, secret society, or satanic activity
Too Much Room for Interpretation?
But who gets to decide whether a symbol is distasteful? As with academic misconduct, allegations of wrongdoing are often made at the discretion of one teacher, and many school staff aren't accustomed to being challenged on these accusations. Why shouldn't they be questioned? It is possible that they have a negative personal opinion of a particular student, and this influences how they are treated. They might simply be having a stressful day and hand down a punishment that is far too severe for an offense.
Make sure your teenager understands that even though adults at school should generally be respected and listened to for the purposes of receiving an education in a safe and welcoming environment, they don't have carte blanche to issue whatever punishments they feel like when they decide someone has broken a rule. Remind your student of the importance of sharing what happens at school with you so you can support and defend them if needed. Likewise, we are here to provide guidance and advice so that you can act as your child's advocate. The Lento Law Firm's Student Defense Team has got your family's back.
Sexual Misconduct
Illinois high schools have school-specific anti-sexual harassment and assault rules, but one thing they all share is their legal duty to report and respond swiftly to Title IX violation accusations. Title IX covers sexual harassment, which can mean unwelcome sexual advances and requests for sexual favors, and sexual violence, which can include dating violence, domestic violence, sexual assault, or stalking.
For example, Plainfield Community Consolidated School District 202, in their language around the prohibition of Title IX Sexual Harassment, includes “touching, crude jokes or pictures, discussions of sexual experiences, teasing related to sexual characteristics, spreading rumors related to a person's alleged sexual activities, rape, sexual battery, sexual abuse, and sexual coercion.”
Unfortunately, there are many examples of Illinois high schools dealing with sexual assault and sexual harassment investigations. From September 2019 through February 2020, inspectors with the Chicago Public School system received, on average, more than three reports of sexual misconduct involving students every single day. In February 2020, the father of a Lincoln Park High School student sued the Chicago Board of Education because he said the school did not do enough to prevent his 15-year-old daughter from being sexually assaulted by another student. But Title IX violations can occur anywhere, regardless of the school's size, location, or public/private status. In November 2019, police were called to investigate allegations that students at a Catholic high school in Champaign sexually assaulted another student.
If your teenager has been accused of violating Title IX in their Illinois high school, you probably have a lot of questions. These are serious allegations that can have a major impact on your teenager's future. It is important that you contact the Student Defense Team at the Lento Law Firm as soon as you learn of any allegations.
Sexual Misconduct Investigations
Unlike colleges and universities, high schools are not required to hold hearings on student complaints, and Illinois high school educators are not as familiar with students' rights as higher education professionals.
Investigations often hinge on the school's specific definition of “consent” and how believable each student's own retelling of events is. Sometimes, there is evidence, such as security camera footage, but often, Title IX violations are committed where there are no cameras, such as bathrooms or other areas of the school that lack cameras, often stairwells.
Teenagers should not be left to defend themselves against Title IX accusations. What happens throughout the investigation can have life-changing consequences for your student if left without legal defense. You need to meet with someone from the Lento Law Firm immediately. We are familiar with Title IX cases from a variety of perspectives and can look out for your teens' rights. We can also help keep you informed and help you prepare for a Title IX hearing. We can also help you complete the paperwork, accompany your teenager to a Title IX meeting, and represent them and your family through the process.
Academic Non-promotion
This isn't a discipline-related issue, but it is one that can harm your student's chances of getting into their chosen college or studying their intended profession. But non-promotion's more insidious harm can come from long-term damage to a teen's self-esteem when they are held back a grade because a teacher feels they aren't adequately progressing at the desired pace to advance to the next level.
High schools are generally moving away from letter or number grades as the be-all, end-all indicator for what a student has learned and what they are capable of doing. Academic policies that rely too heavily on course grades have been shown to have disproportionately negative effects on students of color and students from lower socio-economic households. While the trend away from evaluating students based solely on numerical or letter grades is promising, not all Illinois high schools have made this shift, leaving many students to suffer emotionally and psychologically.
It is quite possible that a student does need additional or different instruction in order to keep pace with the class, but high schools that don't use strategies beyond issuing Ds or Fs in order to hold a student back should be challenged on this. More and more, if a student isn't demonstrating learning, schools are also considering teacher effectiveness. In today's competitive academic landscape, even one below-average grade on a transcript can make or break a student's chances of getting into their desired college or university.
If your teen is at risk of non-promotion in high school, the Student Defense Team at the Lento Law Firm can make sure they are:
- Treated equitably in class
- Offered learning strategies designed for their learning style
- Evaluated fairly
- Given every opportunity to succeed
- Protected from biased and unfair comments about their ability on their academic record
- Accommodated for if forces outside the classroom are impeding their learning
High School Behavioral Sanctions
High schools in Illinois have a variety of disciplinary measures in their toolbox that could impact your student. They include:
- Teacher-imposed sanctions: Your child's teacher may handle a disruptive outburst, for example, by requiring them to complete additional work or assigning them to work with a different partner or group.
- Detention: Detention is a commonly used strategy when a student's behavior warrants discipline but does not meet the threshold for a suspension or expulsion.
- In-school suspension (ISS): In an in-school suspension, a student is removed from their regular coursework and isolated, perhaps in the principal's office or a counselor's office, where they may be required to complete work.
- Disciplinary contract: A disciplinary contract outlines formal goals that a student must work toward in order to have certain privileges restored.
- Out-of-school suspension (OSS): This is a common penalty for more serious offenses such as fighting, frequent disruptions, bringing inappropriate items to school, or using racist or bigoted language. 105 Illinois Compiled Statutes (ILCS) 5/10-22.6 (b-20) notes that “Out-of-school suspensions of 3 days or less may be used only if the student's continuing presence in school would pose a threat to school safety or a disruption to other students' learning opportunities.”
- Fines and tickets: Students can face monetary fines and tickets for bad behavior in school, though this measure is controversial and often hurts the parent more than the child.
More serious violations may warrant an escalation of sanctions, including exclusionary practices like expulsions or reassignments, and schools may exercise their discretion on a case-by-case basis. Again, removing students from learning opportunities can be harmful and perpetuate learning losses, particularly for students of color and students with disabilities.
Whatever the allegation, your student deserves to have their voice heard and be defended by the Student Defense Team at the Lento Law Firm. We can ensure that in all cases, you and your teen understand their rights and don't just accept sanctions without questions or without a fair fight.
Know Your High School Student's Rights
It's important to know your student's rights regarding a variety of topics. State laws governing truancy are one example. Illinois Public Act 100-0810 states that “no punitive action, including out-of-school suspensions, expulsions or court action, shall be taken against chronic truants for such truancy unless appropriate and available supportive services and other school resources have been provided to the student.” In other words, there may be a high bar to remove your teen from school for chronic truancy.
Fortunately, Illinois provides due process to students who are facing serious punitive measures like expulsions or reassignment to an alternative education program.
A fight for which your child was standing up for another student is an example to be aware of. Schools in Illinois often blindly label two students who fight as “violent.” If your student got into a physical altercation while defending someone else, defending themselves, or for other justifiable reasons, they should not face expulsion – or any discipline, we might argue.
There are many instances where a student is expelled due to false allegations of wrongdoing. Whether your high school student was falsely accused of having drugs or alcohol, branded a disruption when their behavior was not truly disruptive, or faces other baseless accusations of academic or non-academic misconduct, they deserve a strong defense.
Defending Your High School Student
Every student deserves to be supported in their academic development. You need to take action to secure the right of your student to have a safe, supportive educational experience, especially if your concerns have not been resolved at the school or district level.
Teenagers can be remarkably capable and confident individuals, but they are still minors, and their brains are not yet finished developing. When they are facing allegations of misconduct from their high school, it's up to you to learn everything you can about the issue and ensure they don't face accusations or investigations unfairly or alone.
The Lento Law Firm's Student Defense Team understands that when your child's rights and future are at stake, you need a team that will work tirelessly to ensure they receive the education they are entitled to. Call us today at 888-535-3686 or schedule a consultation online.
Take Action to Protect Your High School Student's Future
For years, the Education Law Team at the Lento Law Firm has helped high school students across Illinois and the country navigate disciplinary matters, both academic and non-academic. They understand that you and your student may be going through a challenging time and can provide guidance nd advice. Don't let a mistake or misunderstanding come between your high school student and their success in school. Call 888-535-3686 for a consultation now, or use the online service.
