North Dakota is full of top-ranked school districts, such as Central Valley in Buxton and the Bismarck School District, as well as highly-rated colleges and universities. The state's emphasis on higher education and diverse learning opportunities has made getting an education in North Dakota a generally positive experience for most students.
However, not every K-12 or college student faces the same challenges. Some students may face issues related to disability accommodations, bullying, harassment, or even a lack of free speech rights. Public school students at all grade levels have basic rights spelled out in federal and state laws, and when individual schools, colleges, and universities fail to uphold those rights, students or their parents should take a stand.
The Education Lawyers at the Lento Law Firm can help you advocate for your rights as a student in North Dakota. Whether you're dealing with unfair discrimination or unjust disciplinary procedures, our education law attorneys are ready to help. Call 888-535-3686 or send us a message via our contact form to get started.
School & College Disability Accommodations in North Dakota
One big issue North Dakota students may encounter is gaining equal access to educational facilities, programs, and services when they have mental, physical, or educational disabilities. The Americans with Disabilities Act (ADA) is an important federal law that protects these students in educational settings.
Under Title II of the ADA (42 USC §12131), public schools in North Dakota, from elementary through higher education, are required to provide reasonable accommodations to students with qualifying disabilities. Similarly, Title III (42 USC §12182) extends these protections to students enrolled in private schools across the state. The ADA's protections go beyond physical accessibility, such as ramps, elevators, and accessible restrooms, to include equal access to programs, technology, and services. For example, a North Dakota school may be required to make its website accessible to visually impaired students or to offer sign language interpretation for those who are hearing impaired.
Our attorneys understand how to navigate North Dakota's educational and administrative systems to advocate for full ADA compliance. We're well-versed in state and federal law, as well as individual policies, such as the Disability Support policy at the University of North Dakota. We can work directly with school administrators, appeal to district and state oversight agencies, or seek relief through the courts. Our education lawyers are equipped to push for the accommodations your child deserves, whether at the K-12 or college level.
Don't let disability barriers interfere with your or your child's right to education. Contact us for knowledgeable, committed legal support.
North Dakota Individualized Education Programs (IEPs) and 504 Plans
If you have a student in North Dakota K-12 public schools, the ADA isn't the only legislation that exists to protect their rights. Students with a qualifying disability also have the protection of the Disabilities Education Act (IDEA) and Section 504 of the federal Rehabilitation Act of 1973. These two laws require North Dakota public schools to provide special education services to any students who need them, with funding for those services provided by the federal government. Students with disabilities shouldn't have to pay additional fees for these programs if they have a qualifying disability.
For K-12 students, public schools must offer an individualized education program (IEP) or a similar 504 plan to help address their special educational needs. It's also the school's or the district's responsibility to identify students who might have qualifying disabilities and refer them for diagnosis and testing to determine if they should be placed in special education services. When developing and later reviewing or adjusting the IEP, school counselors must consult with students' parents.
Although schools have these requirements to provide special education, they don't always follow through. Students often don't get identified as having special needs, or don't get placed in the proper programs due to negligence or lack of resources from the school. If you encounter any issues when trying to secure special education services for your K-12 student in North Dakota, you should call our Education Law Team. We're able to help in the Central Valley School District, Bismarck School District, Grand Forks Public Schools, the Kindred Public School District, Northern Cass School District in Hunter, Central Cass School District in Casselton, and throughout North Dakota.
School Discipline & Expulsions in North Dakota
Students in North Dakota may also face serious disciplinary actions or even expulsions. All students are required to follow codes of conduct or sets of rules regarding behavior while at school, on campus, or at educational events. For example, the North Dakota State University Dean of Students Office publishes and enforces the Code of Student Conduct, which prohibits students from engaging in harmful or disruptive behavior. Similarly, the Bismarck Public Schools Code of Conduct asks students to be respectful of others and states what isn't allowed for students who participate in co-curricular activities.
While discipline can be a normal part of the school experience, such as the occasional detention or time-out, some school administrators can take it too far, especially at the university level. In some cases, school discipline can be so severe that it encroaches on student rights.
Students can face expulsion or removal from school for failing to progress academically or for academic misconduct like cheating or plagiarism. They can also get in trouble for things like vandalism, theft, alcohol possession, or violence. If you or your student gets accused of wrongdoing and there's a severe punishment on the line, don't just assume the penalty is warranted. Some punishments can alter a student's education indefinitely, changing their school experience entirely or, in some cases, preventing them from obtaining their degree.
Our education lawyers can work with you through every step of the disciplinary process, from responding to the initial warning to representing you or your student at a disciplinary hearing. With our experience helping students and their families, we can provide you with a solid defense and help you defend your rights.
North Dakota Bullying & Harassment at Schools & Colleges
K-12 schools have taken concrete steps in recent years to curb bullying, and many states even have laws on the books to prevent bullying in schools. North Dakota is no exception: state law defines and prohibits bullying in public schools. The same goes for hazing at the high school and college level. Hazing incidents across the nation have prompted higher education administrators to take action against hazing, and many states have also implemented laws that make hazing a criminal offense. In North Dakota, hazing is also a crime punishable by up to one year in prison and a fine of $3,000.
Individual school districts in North Dakota also have strict bullying policies to stay in accordance with state law, including West Fargo Public Schools. The district doesn't allow bullying by students or teachers, and has a thorough investigation procedure for all reported incidents of bullying.
Colleges and universities similarly take hazing very seriously. In order to be seen taking a firm stance on hazing, administrators are given wide authority to choose sanctions for those accused of hazing (these sanctions would be in addition to any criminal penalties for hazing). At the University of North Dakota, for example, the Code of Student Life allows for school suspension and even dismissal for hazing.
If you or your child is facing bullying, hazing, or harassment at school, know that you have rights. In North Dakota, these kinds of actions aren't allowed in educational settings, and if your school's administrators aren't doing anything to prevent them, you should call our Education Law Team. Additionally, if you or your student is accused of bullying, hazing, or harassing another student and facing severe penalties as a result, our team can step in and build a strong defense. We understand how state laws and school policies work together, which is crucial for dealing with an education law issue.
Unlawful Discrimination in North Dakota Schools
Students in North Dakota are also protected from discrimination. The North Dakota Human Rights Act prohibits discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with regard to marriage or public assistance, or employment. You or your student also have federal-level protections with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin. There's also Title IX, which prohibits sex discrimination in schools receiving federal funding.
The Title IX protection also requires schools to protect students from sexual assault or harassment, dating violence, and stalking. For the most part, North Dakota school districts and colleges put anti-discrimination policies in place in addition to state and federal laws. The Central Valley School District in Buxton, for example, has an extensive nondiscrimination and anti-harassment policy stating student protections.
The NDSU Policy 100 at North Dakota State University also guarantees an environment free from discrimination, concerning both employees and students. In addition to this policy, the university has additional procedures for how to handle formal complaints of discrimination at NDSU.
If you or your child is being denied fair treatment at school in North Dakota, you don't have to tolerate it. Discrimination, whether it happens during the admissions process, in the classroom, through unfair discipline, or at graduation, is a serious legal issue. The same goes for being excluded from housing, transportation, medical services, or school-sponsored activities and benefits.
You have rights, and we know how to enforce them. Our legal team can take immediate action. We use North Dakota's administrative channels to demand change and secure accommodations. If that's not enough, we escalate by filing complaints with state and federal agencies or taking the case to court. When appropriate, we fight for monetary compensation as well. Don't wait to see what happens. If your student's access to education is being compromised, let us help you take a stand.
North Dakota Student Free Speech Rights
Rights to free speech don't end when you walk into a North Dakota school. Public schools aren't above the Constitution, and they can't silence students just because they dislike what's being said. The U.S. Supreme Court made that clear in Tinker v. Des Moines: students have a constitutional right to express themselves, as long as it doesn't cause a major disruption to school activities. That means peaceful protest, personal expression, or unpopular opinions are protected, even on school grounds.
At Bismarck State College, for example, students are granted the fundamental right to free speech and expression. The college's policy follows the North Dakota State Board of Higher Education's free speech policy, which asks all higher education institutions in the state to protect the free exchange of ideas on campus.
While schools can set reasonable rules to keep order, they can't use those rules to suppress free speech they find inconvenient. If a North Dakota school is crossing the line, we'll help you push back. If a college or school is punishing you or your child for speaking out, we're ready to step in. We defend students facing disciplinary action for speech-related conduct, especially when schools claim it was disruptive but cross the line into censorship.
In serious cases, we can pursue financial compensation under 42 U.S.C. § 1983 when constitutional rights have been violated. Free speech isn't the only right at stake either. If your or your child's privacy has been violated, or if there's been an unlawful search, we'll hold the school accountable.
How Our Education Lawyers Protect Your Rights
Knowing your due process rights isn't enough. You also need to know how to use them. That's where we come in. Whether your child is facing suspension, expulsion, or another school disciplinary action, we know how to intervene early and push for real results. In many cases, we can get the school to the table for a negotiation before things escalate. If that doesn't work, we're fully prepared to demand a formal hearing and present a strong, strategic case.
If you're already at the hearing stage, we can also step in to file appeals or take the matter to court if needed. Our Education Law Team knows how to work directly with a school district's legal office to explore other paths to resolution when standard procedures fall short.
North Dakota's Education Law Attorneys
When students are facing complex school issues that threaten suspension, expulsion, or other major penalties, our team is ready to step in. We can help with academic progress issues, disability accommodations, special education services, disciplinary charges, discrimination, bullying, and other education law matters. Call 888-535-3686 or use our contact form to send us your information confidentially.
