As a parent in Maryland, you naturally want your child to succeed in life. Attending school from Kindergarten through senior year, they'll likely make mistakes along the way--as will you. What many parents don't realize, however, is that sometimes a child's school takes note of misconduct that happens off school grounds--and sometimes they even presume to discipline students for that behavior. If this happens to your child, it could result in unexpected negative repercussions on their education and even their life after school.
Maybe in your mind it wasn't so bad. Maybe your young one shared something questionable on social media, or maybe your teen got in a fight after school. Maybe they even did something more serious, such as bullying another kid off campus or taking drugs they were offered. Whatever the case, if the school authorities find out about it, they may find reason to respond to it with some sort of disciplinary action against the child--possibly even suspension or expulsion. Unfortunately, these disciplinary actions often occur quickly and unexpectedly, catching parents flat-footed and uncertain about how to respond. They may be unsure about how to protect their children and ensure that their school is complying with both its own regulations and legal requirements.
This kind of dilemma happens in schools and cities, both large and small. Whether your child attends school in Baltimore City Public Schools or Frederick County Public Schools, even seemingly inconsequential disciplinary actions at the K-12 level can still have profound implications on their future. At times like these, you need an education lawyer with specific experience in school discipline and disputes. The Student Defense Team at the Lento Law Firm has helped many parents and students navigate disciplinary issues across Maryland and nationwide, and we can work to help you find a favorable resolution while protecting your child's rights. Connect with our team at 888-535-3686 or through our online form.
Can the School Really Penalize My Child for Off-Campus Behavior?
The answer is it depends. In most cases, K-12 schools have a Student Handbook or Code of Conduct that outlines expected behavior on campus or at school-related events. Their authority may also technically cover school buses, excursions, field trips, or any other off-campus event linked with the school. However, when it comes to off-campus jurisdiction, school policies are often vague, confusing, or nonexistent. Occasionally, a private school might publicize guidelines for off-campus expectations, but this is more the exception than the norm. This ambiguity creates a potential risk of a school overstepping its boundaries by wrongfully punishing a student for conduct that had nothing to do with the school.
The extent of a school's authority over off-campus incidents continues to be a contentious issue. Legal intervention might even be necessary if a student's rights are violated during the disciplinary process. However, as schools generally prefer to sidestep legal issues, skillful negotiation can often help settle disagreements with the school. This is where the Lento Law Firm Student Defense Team can help. We have a proven track record of advocating for students accused of misconduct. We comprehend the intricacies of school regulations, student rights, and due process procedures across schools in Maryland, from Hagerstown to Upper Marlboro, and everywhere in between. Our strategy involves aiding parents as they navigate their children through the disciplinary process, utilizing expert negotiations to ensure the child's rights aren't infringed upon, and even litigating on rare occasions if all other options fail.
Off-Campus Misconduct and How Maryland Schools Respond
Your child could potentially engage in a variety of off-campus actions that could attract unwanted attention from their school. Generally, these actions fall into three main categories.
Offenses Completely Detached from the School
These are deeds that most students (and their parents) would assume are unrelated to their school and thus believe they are exempt from school scrutiny. Examples could include vandalism, shoplifting, car theft, or defacing buildings or parks off-campus. If a student is implicated in such an act, even if it occurs off-campus, the school might seek to assert jurisdiction, justify their actions by associating the student's misconduct with a lack of character, and conclude that the student's actions poorly reflect the values of the educational community as a whole.
Misconduct Indirectly Related to the School
These are actions that may not directly relate to school activities, particularly if they don't occur on campus, but might conflict with a school's behavioral policies. Examples could include making derogatory or racially insensitive comments on social media or making any public or recorded communication that disparages a marginalized group.
Misconduct Directly Impacting the School or School Community
If your school perceives that your child's misconduct directly affects the school, its staff, or its students, your school might feel obligated to react even if that behavior did not physically occur on school property. A classic example is digital misconduct. Students involved in actions such as threatening teachers via anonymous emails, cyberbullying peers, or defaming the school on social media may face penalties.
In all these scenarios, it's clear that schools might feel compelled to intervene and suggest disciplinary measures that may seem disproportionate or excessive. And, of course, the discipline that a student undergoes, especially if it's a suspension or expulsion, can have long-term effects that impact their future. The Lento Law Firm's Student Defense Team takes these issues seriously and will work to ensure the school doesn't overstep its legal boundaries. Even more importantly, we'll work to find a solution that benefits the child's future rather than impeding it.
Disciplinary Actions in Maryland Schools
The strategies and measures employed for disciplinary action across elementary, middle, and high schools in Maryland can vary significantly from one school and school district to another. The disciplinary procedures set forth by Eastern Technical High School in Baltimore, for example, won't be the same as those imposed by Walt Whitman High School in Bethesda--and Wayside Elementary in Potomac will differ from both of these. When your child is subject to disciplinary action resulting from off-campus activities, the responses may also differ based on the specific situation. Let's explore how different Maryland schools might respond to off-campus misconduct, predominantly influenced by the seriousness of the alleged misbehavior.
- For misconduct that is disconnected from the school: the school may choose to address the misconduct from an educational or rehabilitative standpoint. For instance, if a student is suspected of shoplifting or substance abuse off campus, the school's response might include providing counseling, recommending workshops, or distributing educational resources to the parents. The school may initiate a dialogue with the student to understand the motivations behind their behavior or discuss why certain actions are inappropriate for school-aged children.
- For misconduct that is indirectly associated with the school: the school may adopt a stricter approach towards the misconduct. For example, the school may take action if they discover that a student has been posting racial slurs on social media or sharing explicit content via text messaging. At this level, schools may recommend remedies ranging from professional counseling to outright suspension.
- For misconduct that directly affects other members of the school community: you can expect a more serious disciplinary response from the school. For instance, if your child threatens another student, engages in cyberbullying, or is implicated in a physical altercation, they could be subjected to a long-term suspension or even expulsion even if the event happened off school grounds.
What's most concerning about schools attempting to discipline off-campus misconduct is that unlike the legal system, which has checks and balances to ensure fairness, school disciplinary actions can be swift and severe, may not always involve an in-depth investigation, and could even deny your child a chance to defend themselves.
The Ripple Effect of K-12 School Disciplinary Actions in Maryland
A disciplinary incident doesn't conclude with the student serving their punishment and resuming school as if everything is back to normal. School discipline can have immediate, short-term, and even long-term consequences for your child.
- The immediate impacts of school discipline initiate shortly after a school identifies the misconduct. If the student's off-campus behavior is deemed a threat to their safety or the safety of others, the school may react within days or even hours. This is especially true if your school enforces a zero-tolerance policy for bullying, drugs, or other similar types of misconduct (which many schools do).
- The short-term effects of school discipline may become apparent in the weeks or months following a suspension. For example, academic setbacks can occur as the student misses exams or fails to complete crucial coursework. They may also be restricted from participating in extracurricular activities, which also deprives the student of community-building and holistic development opportunities. Resuming normal activities after a break may be daunting, and catching up with peers could be challenging for your child.
- The long-term ramifications of school discipline can shadow your child for years down the line. Colleges and universities meticulously scrutinize applicants' backgrounds, including disciplinary records. If admissions officers uncover your child's disciplinary history, it could jeopardize their chances of attending their preferred institution. Additionally, flawless academic and disciplinary records are often a requirement for scholarships that render education affordable, so any disciplinary action could put some types of financial aid at risk.
To ensure that your child doesn't endure any of these unwarranted repercussions tied to discipline related to off-campus misconduct, the Student Defense Team at the Lento Law Firm can assist you in initiating a dialogue with your school, understanding when to escalate the situation, and more to protect your child's reputation and future.
Guiding Your Child Through School Disciplinary Actions in Maryland
Standing by your child during disciplinary procedures at their K-12 school in Maryland can be an overwhelming responsibility. The implications are significant; the abundance of paperwork and meetings can be daunting, and both you and your student may encounter considerable stress. The Student Defense Team at the Lento Law Firm can help alleviate this burden. Our team is equipped to help you understand the relevant rules and policies, as well as safeguard your child's rights.
School disciplinary policies are typically articulated in a Student Handbook, which the school provides either digitally or in print. We will scrutinize these policies to ensure you are aware of the school's boundaries and capabilities. Simultaneously, we'll assist you in gathering crucial information relating to the school's inquiry into misconduct and prepare you for dialogues with school administrators.
Moreover, our team will:
- Assess your student's alleged off-campus misbehavior and its potential impact on their future;
- Initiate communication with your school to facilitate negotiations at the preliminary stages of your student's disciplinary procedure;
- Offer support with any appeals, if required, to strengthen your odds of success;
- Provide counsel and representation throughout the entire disciplinary process to aid your child in avoiding the long-lasting effects of school discipline; and
- In exceptional circumstances, if negotiations prove unsuccessful and the school has evidently overstepped its jurisdiction, assist with legal proceedings to defend your child's rights.
The Lento Law Firm: Your Ally in K-12 Disciplinary Proceedings
When schools begin penalizing students for incidents that occur outside of school, the issues can become murky very quickly, and you may not be aware of your child's rights. Underestimating the impact of school discipline can have grave consequences for your child both presently and in the future. This is true whether your child attends school in Annapolis, Salisbury, or Westminster. If you believe your child is being unjustly punished for off-campus conduct, it's time to seek assistance from the Student Defense Team at the Lento Law Firm. Our team is committed to ensuring you're not alone in your endeavor to secure your child's education, reputation, and future. We're here to help you take preemptive steps and defend your family's rights. Reach out to us today at 888-535-3686 to learn more, or fill out this brief online form to give us additional details about your case.
