Your child's high school years can be the trickiest to navigate for you and for them. You want to give them some freedom and independence. After all, they'll be on their own soon, going off to college or careers, and they need practice in deciding things for themselves. There's no denying, though, that they are still too young to let loose on the world. They need boundaries, limitations, rules, and discipline. You're their parent. It's hard, but you do your best to strike the right balance between permissiveness and control.
Can you say the same about their school? The best educators know how to strike this balance as well. They've been trained to work with young people, and they're dedicated not just to teaching but to making a difference in students' lives. This can't be said of all educators, though. Unfortunately, there are plenty of teachers and administrators out there who don't get it, whose primary interest is in collecting a paycheck, and who can wind up doing more harm than good. They don't know how to set appropriate boundaries, and they don't know what qualifies as an appropriate punishment when students push against those boundaries.
A false allegation or an inappropriate sanction can do permanent damage to your child's future. It can cost them a chance at a good college and it can interfere with their ability to get a job. You can't afford to take any allegation of misconduct lightly.
If your child has been accused of violating school policy, protect them by hiring the best help you can. The Lento Law Firm is the premier law firm in the county when it comes to defending students. Our Student Defense Team has helped hundreds of students deal with all types of charges. We know the law, and we know how school districts in Kentucky operate. Most importantly, though, we're always on your side, and we'll do whatever it takes to make sure you and your child get the best possible resolution to your case.
To find out more, contact the Lento Law Firm today at 888-535-3686 or share your case details through our online form.
The Kentucky Educational System
In order to understand how your child's individual high school operates, it's important to understand how the Kentucky K-12 educational system as a whole is organized.
For the most part, Kentucky state law grants individual school districts and schools the right to develop their own policies. For example, under the Kentucky Education Reform Act, passed in 1990, each school in a given district must have its own “school council,” made up of two parents, three teachers, and the school's administrator. Most of an individual school's disciplinary policy is developed through this council. That's why, for example, East Jessamine High School can forbid students from wearing clothing advertising tobacco products, while North Hardin High School merely cautions students to dress “responsibly.”
To be sure, every school's code of conduct must adhere to Kentucky state law as regards issues like hazing, unlawful possession of a weapon on school grounds, drug trafficking near schools, and bullying.
All U.S. high schools are also subject to federal law. That means, for example, that they must abide by Title IX restrictions on sexual discrimination and harassment, Title IV restrictions on racial, sexual, and religious discrimination, and all provisions of the Individuals with Disabilities in Education Act (IDEA).
Undefined issues, though, including everything from dress codes to electronic device usage, remain in the hands of school and district stakeholders. This can sometimes make it difficult to know precisely what your child can and can't do at school. We can't, for example, provide you with a blanket list of Kentucky state rules of conduct. If you want to know exactly what your school's code of conduct has to say, you should consult with school or district administrators. In addition, schools are required to publish their rules online and to issue printed copies to students and their parents at the beginning of each school year.
What we can do is tell you about the most common and serious forms of misconduct and the rules and regulations you'll find in virtually every Kentucky school's code of conduct. There are basically three categories of rules you need to worry about:
- Academic misconduct
- Non-academic misconduct
- Sexual misconduct
Academic Misconduct
It is the job of every school to educate students, and schools can't do that if students take shortcuts to complete their assignments. No surprise, then, that all high schools in Kentucky bar academic misconduct. They may refer to academic misconduct in different ways. Some have “honor codes,” for instance, while others talk about “dishonesty.” Madison Central High School's handbook contains a section on “Academic Integrity.” Lafayette High School includes “Cheating” in its general Code of Conduct.
In general, however, academic misconduct usually includes
- Cheating: The use of unauthorized resources to complete coursework. Unauthorized resources can include cheat sheets, the internet, another person, and even a textbook if a student is using it during a closed-book exam. Students continue to invent new ways to game the system, and there's no way to list them all, but the rule of thumb is that if a student gets answers from a source other than their own brain, and that source hasn't been authorized by the instructor, they're cheating.
- Plagiarism: The attempt to pass another person's words or ideas off as your own. Plagiarism can be simple and sometimes even accidental, such as the use of a quote in a paper without a proper citation. It can be far more serious, though, as in cases where students purchase papers online. It also applies beyond the written word. It is possible to plagiarize art, video, images, and even music.
- Misrepresentation: Submitting work that isn't what it purports to be. Technically, plagiarism can be categorized as misrepresentation. There are other examples, though, such as falsifying lab results or making up sources for a paper.
It is usually the individual teacher's responsibility to police academic misconduct in their classrooms. This gives them an enormous amount of authority. They have the power not only to level allegations but to decide whether or not misconduct occurred. In other words they are both police and judge. They also have the power to assign sanctions, anything from a lowered grade on an assignment to a lowered grade in the course. They can even, if they so choose, fail a child outright.
Suspension and expulsion are rare in cases of academic misconduct. They are usually reserved only for the most serious offenses, and usually only administrators can issue such sanctions. However, administrators aren't always required to hold an investigation or hearing into this type of misconduct. In fact, cheating, plagiarism, and misrepresentation allegations often go unchallenged. Your child may not understand that they can defend themselves from such charges, or they may not know how to do so. If they did make a mistake, they may be embarrassed and afraid to tell you, and that means they may wind up with a punishment more severe than they deserve.
More important than anything else, though, you must recognize that all disciplinary decisions matter, even if the sanction is light. A warning for cheating can dog a student for the rest of their time in high school and can influence college entrance decisions.
Encourage your children to talk to you about everything that happens at school and let them know you are on their side. If your child has been falsely accused or is facing an unfair sanction, the Lento Law Firm's Student Defense Team can help. We can negotiate fair sanctions with an instructor, defend your child if they're facing a formal hearing, and even work with school administrators to clean up their record. Your child's mistakes shouldn't be held against them. We want to make sure they have the best possible chance at a bright future.
Non-academic Disciplinary Misconduct
Staying out of trouble in high school isn't just about earning good grades and earning them honestly. Plenty of good students, in fact, sometimes get into trouble over non-academic disciplinary misconduct. These types of offenses typically involve injuries to others, damage to property, or school disruption. However, while they don't relate to classwork, a misplaced allegation or an unfair sanction can still have an enormous impact on your child's future.
No two schools are alike, and the rules at one won't necessarily match the rules at another. Henry Clay High School goes to the trouble of outlawing “yelling” in class. Paul Laurence Dunbar specifically bars profanity, though it doesn't define what that is. The most serious offenses, though, usually include
- Violence: You can be certain your child's high school has rules against violence in whatever form violence may take. The code of conduct probably also says something to the effect that the school reserves the right to contact local law enforcement in such cases.
- Substance Abuse: How a school deals with a drug offense can depend on the specific nature of the offense, but use distribution, and even possession of illegal substances are all barred under Kentucky law.
- Weapons Possession: Likewise, Kentucky law prohibits unauthorized possession of firearms and other types of weapons on school campuses. Keep in mind that parking lots are included in the definition of “campus.” A hunting rifle in the back of a student's truck is grounded not only for serious school discipline but for legal action.
- Bullying: Bullying is prohibited by Kentucky state law as well, and in some cases, the law extends to online behavior. Teasing someone online over what they wear to school can be enough to trigger disciplinary action.
Most high schools' codes of conduct also mention "general misconduct," though specific rules can vary by district. Cell phones could be a particular problem at one school, while public displays of affection might be the biggest problem at another.
If your child is concerned about breaking a rule by mistake, encourage them to ask themselves what effect their actions and behaviors might have. If what they're thinking of doing might harm another student, damage property, or interfere with normal school operations, it can almost certainly get them into trouble.
And, as we've already mentioned, both you and your child should keep in mind that teachers and school administrators sometimes develop a mindset that their authority can't be challenged. Students do have responsibilities and obligations to behave, but teachers and administrators do make mistakes. They accuse students unfairly sometimes. They assign punishments that are more severe than misconduct deserves. You and your child need to understand that you have rights. You don't have to simply accept decisions and punishments. The Lento Law Firm's Student Defense Team is always on your side, and if you have any doubt as to whether your child is being treated fairly, we're willing to fight to protect them.
Sexual Misconduct
There are no more serious charges a student can face than charges of sexual misconduct. While technically a type of non-academic disciplinary conduct, such offenses are so serious that they are treated separately. In addition, schools are required under federal law to address all allegations of sexual discrimination and harassment, and there are mandated procedures for doing so.
The definitions of “discrimination” and “harassment” can vary. Simple verbal harassment can qualify, for instance, but charges can be far more serious and include allegations of stalking, dating violence, and even rape. In between, your child could wind up accused of forced kissing, inappropriate touching, or sexual discrimination based on gender, sex, or sexual orientation.
Because cases must follow federal Title IX guidelines, they can be complex. In addition to issues of law, cases can hinge on how your child's school defines “consent,” what kind of physical evidence may be involved, and which side in the case is more believable. You cannot trust that the truth will exonerate your child. You need someone to ensure that the truth comes across. You need an attorney who understands Title IX and who has experience defending students from these types of charges. You need someone from the Lento Law Firm on your side.
Academic Progression
Of course, it goes without saying that grades do matter to your child's future. While not a matter of discipline, students sometimes need defending when they're facing issues of academic progression. Most schools still operate on a traditional model of education. Teachers fail students who aren't “performing” to standards, and districts hold students back if they've failed the wrong courses.
The trouble is that educational theory no longer accepts the idea that grades are the only reliable measure of a student's intelligence and ability. Most teachers believe that a child's potential and ability are the result of a variety of factors. For example,
- Socioeconomic background can play a large role in how well a student does. Students who lack financial resources or who are dealing with food security issues are more likely to struggle in class.
- Coursework and exams—indeed, the entire education system—can often favor one particular racial or ethnic group over another.
- The quality of a particular school or the talent of a particular teacher can influence how well a student learns and how well they perform.
- As we'll explain, disciplinary sanctions can have an outsized impact on a student's ultimate success or failure.
Beyond these basic issues of fairness, studies have shown that students who are forced to repeat grades can suffer emotionally and psychologically both as a result of shame and embarrassment and as a result of being separated from their peers.
Some individual instructors and even some schools and districts understand these facts and have taken measures to introduce fairer methods of evaluations. If one of your child's teachers is trying to fail them, though, or the school is trying to hold them back, it's important you know that educational science is on your side. One D or an F on a high school transcript can keep a child out of college. You don't have to allow that to happen.
When it comes to academic progression issues, the Lento Law Firm attorney can ensure
- Your child is treated fairly in the classroom
- Your child's teacher uses educational strategies that are geared to their particular learning styles
- Your child is evaluated fairly
- Your child's school recognizes that outside forces can impact classroom learning and accounts for these in its evaluations
- Your child's record is free of negative comments from teachers and administrators
- Your child has absolutely every opportunity to succeed
As with all student issues, though, you need to act quickly if your child is being treated unfairly. It can be virtually impossible to shake off labels like "lazy" or "unintelligent" once a school has applied them.
Sanctions
It's worth taking a moment at this point to talk about just what kinds of sanctions Kentucky high schools tend to apply. Obviously, punishments can vary widely depending on the school district and the exact nature of the charge. Here's what you can expect, generally, if your child is found Responsible for (guilty of) an offense.
- Detention
- Extra assignments
- Loss of privileges(such as participation in athletic events, clubs, and other extracurricular activities)
- Restitution
- Mandated counseling
- Suspension
- Expulsion
We've already mentioned the importance of responding to all allegations and sanctions, but the point bears repeating. Obviously, no child should ever be treated unfairly. As a more practical matter, though, you don't want any kind of misconduct charge affecting your child's permanent record.
In addition, it is worth drawing special attention to certain kinds of punishment. Corporal punishment, for example, has been shown to have seriously negative effects on those subjected to it. In keeping with Kentucky's emphasis on the authority of individual school districts to make decisions, there is no state law banning the practice. However, as of 2023, all state districts have outlawed the practice.
Unfortunately, many districts have replaced corporal punishment with an increased emphasis on suspension and dismissal. So-called "exclusionary discipline" can have just as negative an effect as physical violence on a student's physical and emotional well-being and academic success.
At a minimum, suspension, expulsion, and removal to alternative educational environments inhibit learning. Students learn best when with their peers, and they learn best when they are kept in a stable environment. Beyond this, though, exclusionary discipline subjects students to social stigma, and it teaches them to see themselves as "problems."
Finally, when it comes to all sanctions, it's important you understand that your child has an absolute right to an education. The U.S. Constitution requires that all citizens have equal access to state services, and there are no exceptions for school disciplinary issues. Why does this matter? Kentucky has an obligation—not just a moral or ethical obligation, but a legal obligation—to educate your child. Even if your child's school decides to expel them, the state must continue to provide them with an education equal to that of all other children in the state. Your school can require your child to attend another school or district. It can even force you to homeschool your child. However, it must provide you with resources to do these things, and it must provide those resources free of charge.
High school disciplinary sanctions are a serious matter. Very few schools and districts know how to administer them appropriately. Before you accept any punishment, it's crucial that you contact the Lento Law Firm and find out if your child is being treated fairly.
Defending Your Child
Up to this point, we've given you a lot of information about how school districts operate in the state of Kentucky, what sort of rules your child is expected to follow and what can happen to them if they wind up accused of misconduct. Let's talk practically, though, about what you should do if you should find it necessary to defend your child.
It's not always easy to know what to do when you find out your child's been falsely accused of misconduct, or they are facing an unfair sanction. A lot depends on the specific nature of the charges. Title IX sexual misconduct cases, for instance, must follow strict guidelines set by the federal government. On the other hand, your school may not even have a clearly defined policy for dealing with academic misconduct allegations.
Of course, not every situation requires a formal hearing. It may be that the best approach to a problem is to raise your concern through the chain of command. This has the advantage, for example, of minimizing your child's public exposure.
- It's often useful, for example, to begin by talking problems over with your child's teachers.
- If their teachers can't resolve the problems, you can then involve school administrators.
- Of course, if necessary, you can contact district administrators as well or even talk directly with members of the school board.
Ultimately, though, you and your child have some important rights, and you should never be afraid to exercise these.
- At a minimum, you should demand the school conduct an investigation and a hearing before assigning any sanction. That's certainly true if the school is proposing suspension or expulsion as a sanction, but even in less serious cases, you should expect faculty, administrators, and the school board to take your opinions into account. After all, you're the parent. In addition, they must be able to justify any actions they take against your child clearly.
- While school districts in Kentucky do have the authority to set policy, they are ultimately dependent on state and federal money to operate. If your child's school fails to respond to their needs, you can contact the Kentucky Department of Education or the U.S. Department of Education and ask them to get involved.
- Your child has a right to legal representation. The Lento Law Firm can help you to pursue all avenues and, if necessary, can even work with you to file a civil suit to force district personnel to listen.
Of course, with so many options open to you, it's not always easy to know which one will work best in a given situation. The Lento Law Firm has worked with hundreds of students and their families, though, and we have unique insight into how to handle virtually any misconduct issue. As soon as you contact us, we'll sit down with you and your family and talk about all the options. We'll come up with an appropriate plan to protect your child, and we'll be at your side from start to finish to make sure you get a fair and just resolution.
Why Do You Need an Attorney?
Laws exist for two reasons. If everything goes the way it should, the law provides guidance on how we should behave. In the case of Kentucky K-12 schools, the law dictates how teachers should treat students, what kinds of services districts should offer, and how administrators should handle discipline.
The law exists for another reason, though: to hold us accountable when we fail to live up to our responsibilities. You hope that your child's high school does everything it should to give your child the best possible education. When it happens, though, that an instructor, an administrator, or the district itself fails in that responsibility, you can't be shy about holding them to account.
Getting justice isn't always a simple, straightforward matter, though. The law grants us the right to attorneys for a reason: most of us don't have the background and skills to handle legal issues on our own. We need professional help.
What Can the Lento Law Firm Do for You?
- We can conduct informal negotiations with teachers and administrators on your behalf. We can remind schools of their responsibilities and make sure they see your child in the best possible light.
- We can speak on your behalf during investigative meetings. We can make sure your child's school respects their rights, that investigators consider all evidence, and that their district dismisses charges when there is a clear lack of evidence.
- If necessary, we can put on a full defense at a formal hearing. In such instances, we prepare your defense strategy, organize evidence, develop questions for witnesses, and represent you and your family in every way during proceedings.
We can let you know when it's better to negotiate a problem and when it's time to demand a hearing. We can speak for you and your child and give you effective strategies for making your school listen and respond to your needs. We can show you how to use your child's rights under the law and under school policy to protect them.
Why Do You Need the Lento Law Firm?
Do you need the Lento Law Firm attorney to do all of this? In a word, yes.
First, a student defense is very different from other types of defense.
- Student defenses frequently involve issues that are uncommon in courtrooms. School disciplinary cases can focus on whether a student's tone was "belligerent," whether a teacher's instructions were clear or not, and whether a school's PDA policy covers kissing in the hallway. The fact is, most attorneys don't have the background or experience to deal with such issues.
- To the extent that cases do relate to the law, they tend to center on aspects of the law local and family attorneys aren't familiar with, like hazing, bullying, and weapons possession on campus.
- Student cases sometimes relate to complex issues of federal law. Your attorney needs to know what Title IX has to say, how to pressure schools to follow the Americans with Disability Act, and what does and does not qualify as free speech on a high school campus. That's a rare combination of knowledge you won't find most attorneys possess.
- It's rare for a school hearing to happen in a courtroom. Instead, they generally take place in school classrooms and administrative offices. Likewise, your child won't face a trained judge and a jury. Decisions are made by teachers, principals, and school board members. That's not an audience most attorneys understand.
It's important to understand, for example, the difference between what constitutes “guilt” in a student's hearing. Administrators don't have to prove “beyond a reasonable doubt” that your child committed an offense. Instead, they rely on a lesser standard, known as “preponderance of the evidence. According to this standard, your child is Responsible (guilty) if the school is more than fifty percent convinced of their guilt.
If you're looking to put together a will or defend your child from a DUI, a local attorney may be your best option. If you're looking to protect them from a school misconduct complaint, though, the best option is an attorney from the Lento Law Firm. We know education law. We know how the Kentucky school system works. We talk with faculty and administrators every single day, and we know how to express your concerns in a language they'll understand. And we've helped hundreds of clients, just like you, defend themselves from all types of school charges.
Other Issues
Finally, it's worth noting that the Lento Law Firm deals with lots of educational issues that have nothing to do with discipline.
- Disability Issues: If your child has a disability, including learning disabilities, they have special rights under federal law. They are entitled, for instance, to classroom accommodations if they need them to learn, and the district is required to provide them with the necessary resources at no cost. If your district isn't doing that, we can help hold them responsible for their obligations.
- Bullying Issues: Kentucky state law is strict when it comes to bullying. Not only is your child protected from bullying, but if they should be bullied, you may be able to hold their school and district financially liable.
- College Student Issues: If your child is heading off to college soon, you'll want to keep the Lento Law Firm's number handy. We don't just help high school students. We also protect college students from unfair disciplinary action.
The Lento Law Firm is Always On your Side
Here's the bottom line: the attorneys at the Lento Law Firm understand that schools and school districts sometimes over-reach. Very few deliberately abuse their authority, but they make mistakes. They sometimes get things wrong. Our job is to protect your child when this happens.
The Lento Law Firm's Student Defense Team is committed to the proposition that all students deserve fair treatment and the opportunity to earn the best possible education. To honor that commitment, we've studied the law. We've learned how the Kentucky educational system operates and what to expect from individual school districts. And we've put what we know into practice, helping hundreds of students to protect themselves.
If your child is facing unfair disciplinary action, we can help. To find out more, contact the Lento Law Firm today at 888-535-3686 or share your case details through our online form.
