Ideally, you want your child's high school experience in Mississippi to be a positive and enriching one, preparing them for a successful future. Indeed, the high school years are pivotal for a young person's development, shaping their future decisions regarding who they are, what they value, their choice to go to college, what they want to do as a career, etc. Ideally, a student's future should be determined by their abilities and personal decisions. Unfortunately, sometimes, the high school experience is marred by a school's strict disciplinary measures, misunderstandings, and unjust accusations. Mississippi schools are granted a great deal of freedom by state law to establish and implement their own policies of discipline, and sometimes, these policies do not work in favor of the student's rights. The impact of such negative experiences can leave lasting marks, hindering not just academic growth but also emotional and psychological well-being.
Mississippi high schoolers can be disciplined for a wide range of perceived offenses, from cheating accusations to allegations of sexual misconduct. Schools are under pressure to maintain safe, secure learning environments for their students, which means disciplinary actions are often issued quickly and with a minimal burden of proof. Sometimes, students are disciplined wrongly because circumstantial evidence unfairly points to their guilt. Other times, the disciplinary action may be disproportionate to the offense. While any unfair discipline could negatively impact a child's view on the educational process for the future, extreme measures like suspension and expulsion can completely derail your child's educational progress, limiting their options as to a choice of college and even possibly disrupting their career aspirations.
Whatever issues your child is facing, the Lento Law Firm is dedicated to offering support. Our Student Defense Team has nationwide experience safeguarding student rights and ensuring they have access to a supportive and stable educational environment. We are well-versed in education law and understand the intricacies of the Mississippi education system. We are prepared to leverage our expertise to assist your child in achieving success. To schedule a consultation, call out to the Lento Law Firm at 888-535-3686 or use our online form.
The Mississippi Educational System
The first step in protecting your child's rights is to understand how the disciplinary system is structured in Mississippi schools and who is responsible for making and enforcing those rules. So, let's start there.
Generally speaking, Mississippi state law grants individual schools the autonomy to create their own disciplinary regulations. Each school is responsible for creating its own Code of Student Conduction to create and detail appropriate behaviors and disciplinary procedures. The schools must notify parents in writing of the school policies, and parents are required to sign off on them. Moreover, all school policies must align with other Mississippi educational statutes, such as those that include mandatory prohibitions against bullying, hazing, drug distribution, and weapons possession in schools.
High schools must also comply with federal education laws. These include Title IX, which addresses sexual discrimination and harassment; Title IV, which covers racial, sexual, and religious discrimination; and the Individuals with Disabilities Education Act (IDEA).
Within this general framework, schools and districts have considerable freedom to set their own disciplinary rules. While many Mississippi schools adopt similar codes of conduct, there are often minor variations in policies. For example, Ocean Springs High School in Ocean Springs, MS, prohibits chewing gum anywhere on campus, while Biloxi High School only specifically prohibits chewing gum on school buses.
To determine the specific rights and responsibilities your child has as a student, it is best to review the policies of their particular school or district. Nevertheless, most school districts recognize and address misconduct in three general areas:
- Academic misconduct
- Non-academic misconduct
- Sexual misconduct
Academic Misconduct
Student success is based on academic honesty, which is why all Mississippi schools enforce specific rules against academic misconduct. Many high schools simply encapsulate these policies within their student code of conduct, while others may have a separate statement called an "academic honesty policy," "academic integrity policy," and the like.
Academic misconduct typically includes:
- Cheating: Using unauthorized resources for coursework completion. Unauthorized resources can range from textbooks and cheat sheets to the internet or assistance from another person. If a student relies on any source other than their own knowledge, unless explicitly permitted by the instructor, it's considered cheating.
- Plagiarism: Presenting someone else's words or ideas as one's own. This can be as minor as omitting a citation for a quote or as major as claiming credit for another student's work.
- Misrepresentation: Submitting work that isn't genuinely original. This can include fabricating sources or falsifying lab results, for instance.
Teachers are usually the primary enforcers of academic integrity due to their ability to detect cheating and plagiarism. Consequently, they often wield significant power to accuse students of misconduct, determine if it occurred, and impose classroom penalties. These penalties can range from rewriting assignments to reducing grades on assignments or even in the entire course.
While suspension and expulsion for academic misconduct are rare and typically reserved for severe cases, only administrators usually have the authority to impose these punishments. However, such decisions may not always involve a formal investigation or hearing.
Often, academic misconduct allegations and sanctions go uncontested, especially if the penalty is limited to classroom sanctions. Students may accept their teachers' decisions and the associated consequences. However, it's important to recognize that all disciplinary actions matter. Even a warning could impact a student's academic future, particularly if it becomes part of their permanent record, influencing college admissions decisions or even job applications if they enter the workforce directly after high school.
Students may not always inform their parents when they encounter trouble at school, fearing additional discipline at home. Even innocent students might attempt to handle issues independently. Encourage your children to discuss any school-related problems with you. Remind them that even if they are guilty of an offense, the penalties imposed by teachers and administrators can sometimes be disproportionately harsh. They should not accept disciplinary actions without question.
If your child is falsely accused of cheating or facing an unjust sanction, the Lento Law Firm's Student Defense Team is here to help. Whether negotiating with instructors or defending your child at a formal hearing, we can work with you and provide guidance on the best ways to clear your child's record of unfair sanctions. Our goal is to ensure your child's mistakes are not held against them, providing them with the best possible chance for a successful future.
Non-academic Disciplinary Misconduct
Non-academic disciplinary misconduct typically involves causing harm to others, damaging property, or disrupting school activities. Unlike academic misconduct, which is directly related to classwork, non-academic misconduct often occurs within the classroom environment but pertains to behavioral issues.
Different schools may have varying policies for what is and is not acceptable. For example, Tupelo High School has specific rules that state that a student's hair cannot have "obnoxious odors" or be an "extreme color," while in Pascagoula, MS, Gautier High School rules contain no such provision. Nevertheless, there are certain prohibitions commonly found across most schools. These include:
- Violence: All schools enforce policies against violence. Student handbooks generally include statements indicating that violent acts may be referred to law enforcement and prosecuted under Mississippi's assault and battery laws.
- Substance Abuse: Mississippi schools uniformly prohibit the sale, possession, distribution, and use of drugs and alcohol, including marijuana. Although recreational marijuana is legal in Mississippi, its use by minors is tightly regulated, and it remains illegal under federal law.
- Weapons Possession: State law forbids weapons on school campuses unless carried by authorized personnel. Students who carry weapons to school are subject to an automatic one-year expulsion by state law.
- Bullying: Bullying is also prohibited by Mississippi state law, which requires schools to incorporate anti-bullying measures into their disciplinary policies, although it does not impose criminal penalties for bullying itself.
Additionally, many schools address "general misconduct," though the specifics can vary. For example, cell phone usage might be restricted in one school, while another may prohibit public displays of affection, like kissing in hallways.
In general, an act is deemed “against the rules” if it harms another student, damages property, or disrupts normal school operations. This broad category can include minor actions such as talking during class or running in hallways.
Teachers and school administrators often exercise their authority without being challenged. Schools function more smoothly when students recognize adults as authority figures. However, mistakes do happen. Educators might wrongfully accuse students or impose excessively harsh penalties. It's essential for your child to understand their rights and to feel empowered to report any issues to you.
The Lento Law Firm's Student Defense Team is here to support you and your child. We are committed to defending your child's interests, whether through negotiation with school officials or formal hearings. Our goal is to ensure that your child receives fair treatment and has every opportunity for a successful future.
Sexual Misconduct
Allegations of sexual misconduct are among the gravest a student can confront. Every school policy includes a section addressing these offenses, which are also governed by federal law via Title IX. Although Title IX does not impose criminal penalties, it mandates that schools investigate all credible complaints, outlines procedures for investigations and adjudications, and encourages severe sanctions such as suspension and expulsion. Title IX rules apply to all schools that receive federal funding, which includes all public high schools and many private institutions.
Title IX offenses encompass a broad range of behaviors. Even verbal harassment can qualify as a violation. More severe allegations, like dating violence and rape, almost always prompt investigations. Intermediate behaviors, such as inappropriate touching, forced kissing, stalking, and discrimination based on gender, sex, and sexual orientation, are also treated as violations.
Navigating Title IX cases is challenging due to federally mandated procedures, which can be intricate. These cases often involve complex issues, including differing definitions of “consent” and questions about physical evidence. Frequently, decisions hinge on credibility assessments in he-said/she-said scenarios. To make matters worse, the guiding rules on Title IX enforcement tend to change with each incoming presidential administration. Given these complexities, handling a sexual misconduct charge without professional assistance is unwise. The Lento Law Firm's Student Defense Team has extensive experience navigating complicated Title IX issues and will work to ensure your high school student's rights are protected when facing allegations of sexual misconduct.
Academic Progression
Although not strictly a disciplinary matter, issues related to academic progression sometimes require intervention by an education law attorney. Traditionally, teachers have failed students they see as underperforming, and districts have retained students in the same grade if they failed key courses. Many schools still follow this model.
However, educational theory has evolved to recognize that grades do not always accurately reflect a student's academic abilities and that classroom performance can be influenced by numerous factors unrelated to intelligence. These factors include, but are not limited to:
- Socioeconomic background can affect student performance.
- Coursework and exams may favor certain racial or ethnic groups.
- The quality of a school or the competency of a teacher can impact learning.
- Disciplinary actions, as discussed, significantly influence student success or failure.
Moreover, repeating a grade can emotionally and psychologically separate a student from their peers, leading to potential unforeseen issues down the road.
Most schools are aware of these factors and strive to evaluate students fairly and respond appropriately to below-average scores. However, if your school is considering holding your child back or failing them in core courses, it's crucial to act swiftly. A single "D" or "F" on a high school transcript can hinder college admission prospects. Considering that acceptance into college or university can be highly competitive, even small discrepancies in your child's transcript can have an impact. If there's any chance that a low grade was unwarranted or issued out of unfair prejudice, your student has the right to challenge it.
The Lento Law Firm's Student Defense Team ensures:
- Fair treatment of your child in the classroom
- Implementation of educational strategies tailored to your child's learning style
- Equitable evaluation of your child's performance
- Recognition of external factors affecting classroom learning
- Exclusion of biased comments from your child's academic record
- Provision of every opportunity for your child to succeed
It is important to act quickly in these situations. Once a school labels a student as “lazy” or “unintelligent,” it can be challenging to dispel these negative perceptions.
Sanctions
We have briefly mentioned disciplinary sanctions in relation to specific offenses, but it is important to examine them more thoroughly. Different schools apply a variety of sanctions, which typically include:
- Detention
- Extra Assignments
- Loss of Privileges
- Restitution
- Suspension
- Expulsion
Additionally, some schools may require counseling for students.
You should evaluate carefully any sanctions levied against your student, no matter how minor, as they can sometimes be highly unjust. Even a simple warning can have detrimental effects if it appears on a student's record. Ensuring that your child is not falsely accused and that any penalties are appropriate for their offense is vital.
Certain sanctions deserve special consideration. Notably, Mississippi is one of a handful of states that still permits corporal punishment (e.g., spanking) as a form of discipline, provided it is "administered in a reasonable manner." While many Mississippi schools no longer practice this form of punishment, any instance of school personnel attempting to use physical violence as punishment on your student should be carefully evaluated to determine if the law was broken.
Even minor disciplinary sanctions can be detrimental to a student's well-being if administered inappropriately. The practice of exclusionary discipline—punishments involving the removal of students from the educational environment—has been scientifically shown to impact a child's personality and development negatively. Suspension, expulsion, and placement in alternative educational settings can hinder learning, cause embarrassment and social stigma, and lead children to view themselves as "problems." Child development experts and educators often refer to exclusionary discipline as "prison discipline” because students subjected to these measures are more likely to engage in criminal behavior later in life.
Even so, Mississippi's education laws give schools considerable latitude to practice exclusionary discipline when they see fit. Districts considering such punishments must request that the student's parents appear at a formal conference to discuss the disciplinary decisions. Suspension and expulsion are common solutions for the following behaviors:
- Threats of violence
- Theft
- Acts of obscenity or vulgarity
- Sexual assault
Furthermore, Mississippi law mandates suspension and/or expulsion in certain circumstances, such as:
- Possession of a controlled substance, bringing a weapon, or committing an act of violence on campus
- Causing damage to school property
- "Habitually disruptive" students after the third disruption in a school year.
Understanding how high school discipline intersects with your child's right to an education is essential. Every child in the U.S. is guaranteed a free public education, a right protected by the Constitution without exceptions. Even if a school decides to expel your child, the state of Mississippi remains responsible for providing their education. The state may require homeschooling or attendance at another school or district, but it cannot deny your child a secondary education and must offer necessary resources free of charge.
Disciplinary sanctions can significantly impact a child's education and their emotional and psychological health. Before accepting any punishment, contact the Lento Law Firm to ensure your child is being treated justly.
Defending Your Child
We always hope for the best when it comes to school discipline; we want to believe the school will treat our children fairly. But the fact is, mistakes happen. School authorities sometimes break their own rules or deny a student due process, and there are times when defending your child becomes necessary. This can be a complex process, and the method of defense can vary based on the nature of the allegations. For example, Title IX sexual misconduct cases are governed by federal law that specifies how investigations and adjudications should be conducted. In contrast, less serious charges like academic misconduct may not have formal procedures outlined by your district.
Despite this, you should always have the right to request an investigation and a hearing. While high schools are obligated to provide these hearings in cases of suspension and expulsion, even less severe sanctions warrant a response from the faculty, administration, and board, who must justify their actions.
Throughout this process, you also have the right to legal representation for your child. You should also be entitled to present evidence, call witnesses to testify, and cross-examine any witnesses against your child. An attorney from the Lento Law Firm can manage every aspect of your case.
Ultimately, you always have the right to request a hearing before the school board and pursue remedies through civil litigation. Given the various options, determining the most appropriate course of action can be challenging. The Lento Law Firm's Student Defense Team has extensive experience working with students and their families. We are well-equipped to identify the most effective strategies to resolve your situation and secure the justice you deserve. You can rely on us to thoroughly assess your case and recommend the best course of action. Furthermore, we will stand by you every step of the way.
That said, demanding a formal hearing is not always the best approach to resolving a disciplinary dispute. Often, disciplinary matters can be addressed through skillful negotiation and by escalating your concerns through the appropriate channels. Some steps to consider:
- Begin by discussing the issue with your child's teacher.
- If needed, involve other school administrators, such as the school counselor, vice-principal, or principal.
- If the problem persists, you can escalate your concerns to the district's administration or the local school board.
In certain situations, further action might be necessary. You can appeal to:
Why You Need an Attorney for Mississippi High School Discipline Issues
The law provides certain safeguards to protect your child from unfair treatment, and it would be ideal if these tools alone could guarantee that students are never mistreated, misjudged, or unfairly punished. However, public schools are large institutions, and like any institution, they sometimes forget to adhere strictly to their own rules and procedures. When this happens, you need an advocate—someone who understands the law and can ensure educators are held accountable.
Ensuring fair treatment and justice for your child isn't always straightforward. Although there are established procedures for most incidents, teachers and administrators often prefer informal negotiations before resorting to formal processes. The Lento Law Firm Team can assist at every stage of the disciplinary process. Specifically:
- We can facilitate informal negotiations with teachers and administrators, reminding them of their duties and helping them see your child's situation more favorably.
- We can represent you in investigative meetings, ensuring your child's rights are respected, that all evidence is considered, and that cases with insufficient evidence are dismissed.
- We can help you mount a full defense at hearings by preparing a defense strategy, organizing evidence, and formulating questions for witnesses.
Most importantly, we can guide you through the various levels of the process, advising when it's best to negotiate and when to demand a formal hearing. We can advocate on your behalf or provide strategies for effective communication.
Why Do You Need the Lento Law Firm?
What distinguishes the Lento Law Firm's Student Defense Team? Can any attorney handle your case? The simple answer is no. Student defense cases are unique processes, and not every attorney has the knowledge or experience to navigate these processes successfully. Here's why:
- Student defense cases involve issues rarely seen in courtrooms—such as whether a student's tone of voice was “belligerent,” the clarity of a teacher's instructions, and the specific wording of a school's policy on public displays of affection.
- They encompass legal aspects that local and family attorneys typically don't handle, including cheating, dress code violations, and bullying.
- They often relate to federal laws like Title IX, the Americans with Disabilities Act, First Amendment free speech, and Civil Rights legislation.
- These matters usually occur in classrooms and administrative offices, not courtrooms, and are decided by teachers, principals, and school board members rather than judges.
One key difference between defending someone at trial and defending a student during a school investigation or hearing is the standard of proof. Court cases generally use the "beyond a reasonable doubt" standard. In contrast, school cases are often decided using the "preponderance of the evidence" standard, which means decision-makers can find students "Responsible" (guilty) if they are more than fifty percent convinced of their guilt. Local criminal defense and family attorneys typically lack the specialized knowledge required for student defense. The Lento Law Firm's Student Defense Team, however, is well-versed in education law and familiar with the Mississippi education system. We have extensive experience defending students and are adept at communicating effectively with faculty and administrators. You can count on the Lento Law Firm to navigate these complexities and ensure your child receives fair treatment and justice.
Other Issues
While our focus has largely been on disciplinary matters, we should note that the Lento Law Firm's extensive background also equips us to address a variety of other educational issues encountered by Mississippi students. These include:
- Disability Issues: Students with disabilities, including those with learning challenges, are entitled to specific rights under both federal and Mississippi state law. These rights include classroom accommodations such as extended time for assignments, access to note-takers, and special technology. If your school district isn't fulfilling its obligations to support your child's needs, we can advocate on your behalf to ensure they do.
- Bullying Issues: Should your child be a victim of bullying, the school could bear some responsibility. We can assist your family in seeking compensation—both financial and emotional—through civil litigation.
- College Student Issues: The Lento Law Firm's Student Defense Team extends its services beyond K-12 students; we also represent college students. If your child is facing disciplinary measures from their college or university, we are here to defend them.
The Lento Law Firm: Advocating for Your Mississippi High Schooler
The Lento Law Firm Team recognizes that schools and districts can sometimes overstep their bounds. While deliberate abuse of power is rare, mistakes do happen. Our mission is to protect your child when these errors occur. Your child's future hinges very much on the educational opportunities they receive, and any situation that unjustly disrupts that opportunity should be defended against. Even if your child genuinely violated a rule, it doesn't necessarily disqualify them from future success. Our Student Defense Team believes that every student deserves fair treatment and the opportunity to receive the best possible education. To fulfill this commitment, we have diligently studied the law, gained an understanding of the Mississippi educational system, and familiarized ourselves with the operations of individual school districts. Our knowledge and experience have enabled us to assist hundreds of students in safeguarding their rights. If your child is dealing with unjust disciplinary action, we are ready to help. For more information, contact the Lento Law Firm at 888-535-3686 or use our automated online form.
