As a parent in Nebraska, you're no stranger to the occasional missteps of children. When misbehavior occurs at school, you understandably expect that the school will respond in kind. However, a recent development has thrown you off guard: your child's school is contemplating suspension or expulsion of your K-12 child due to an alleged misconduct incident that took place off school premises.
This situation is not as uncommon as you might believe. The boundaries of school jurisdiction can sometimes blur, and Nebraska's K-12 schools, like their counterparts across the country, often claim the right to impose disciplinary measures for incidents happening off school property. Perhaps your child was caught damaging public property, sending or posting inappropriate content online, or even physically assaulting someone on the street. While the action itself may be indefensible, the idea that a school could suspend or expel a student for an off-campus incident probably never factored into your considerations. You may understandably feel unprepared, unsure of your child's rights, and unclear about the correct course of action. But make no mistake: whether your child attends a large school system like Omaha Public Schools or a smaller one like North Platte Public Schools, if the school decides to suspend or expel your child, it could severely disrupt their academic journey.
Fortunately, you have options for protecting your child's rights in these circumstances. The Student Defense Team at the Lento Law Firm has a proven track record of successfully helping parents and students navigate even the most complex disciplinary disputes, both in Nebraska and across the country. We will leverage every possible strategy to help you find a favorable resolution with the school, one that is more likely to benefit your child's future than damage it. You can contact our team at 888-535-3686 or via our online form.
Can the School Discipline My Child for Off-Campus Actions?
This question lacks a simple answer, and the legal basis for such authority is generally dubious at best. Typically, K-12 schools provide a Student Handbook or Code of Conduct outlining acceptable behaviors and disciplinary policies on school grounds and during school-related activities. It's understandable that most schools extend their off-campus jurisdiction to school buses, field trips, outings, and other school-approved events. However, school policies regarding disciplinary actions for off-campus misconduct are often ambiguous, bewildering, and unclear. This ambiguity can potentially result in schools overstepping their bounds by unfairly disciplining a student for conduct unrelated to the school.
Most K-12 schools either don't address off-campus misconduct in their policies or address it indirectly. However, in the State of Nebraska, the Student Discipline Act contains some telling language that vaguely opens the door for individual schools and school systems to claim jurisdiction beyond school grounds:
"The school board or board of education may by rule amplify, supplement, or extend the procedures provided in the Student Discipline Act if such actions are not inconsistent with the act."
At least two of Nebraska's public school systems seem to have taken advantage of this extension of powers by asserting school jurisdiction over off-campus misconduct--namely:
- Omaha Public Schools, in its Student Code of Conduct, specifically states that "the school district is extending its authority to hours and places beyond the regularly perceived boundaries when conduct off school grounds causes substantial disruption to the school environment."
- Lincoln East High School in Lincoln, NE, simply asserts the following in its Code of Conduct: "The Code of Conduct rules apply regardless of whether the conduct occurs on or off school grounds."
Nevertheless, the scope of a school's authority over off-campus incidents is a topic of ongoing debate. If a student's rights are infringed upon during the disciplinary process, legal intervention may be necessary in extreme cases--however, most disciplinary disputes with a school can be resolved through effective negotiation. The Student Defense Team at Lento Law Firm excels at assisting parents in guiding their children through the disciplinary process, employing advanced negotiation skills to ensure the child's rights are upheld.
When Could Nebraska K-12 Schools Enforce Disciplinary Consequences for Off-Campus Actions?
When a Nebraska K-12 school presumes to have authority to discipline off-campus misconduct, it usually does so by linking the behavior in some way to school regulations or interests. Broadly, these actions can be grouped into three main types.
Off-Campus Misconduct with No Direct School Connection
If a student commits wrongdoing off school grounds where there is no direct connection to the school (for example, theft or other criminal activity), any attempt by the school to invoke discipline may be controversial. If they choose to do so, they may defend the decision by asserting that the student's misbehavior breaches the school's ethical codes or tarnishes the reputation of the school community.
Off-Campus Misconduct with an Indirect School Connection
For behaviors only loosely connected with the school, administrators might decide to intervene if the actions infringe on the school's code of conduct--especially for violations of "zero-tolerance" policies such as online hate speech or bullying.
Off-campus Misconduct Directly Affecting the School or Its Community
In these situations, the school views the actions as having a significant negative impact on the school, its staff, or its students, even if the incident occurred away from school property. More severe disciplinary measures are likely to be enforced in these cases. Frequent examples include sending threatening emails to teachers, cyberbullying classmates, assaulting a teacher or student outside school, etc.
In all of these circumstances, there is a potential risk that the school may exceed its legal boundaries or enforce harsh disciplinary measures that could unnecessarily harm the student's academic future. At the Lento Law Firm, our Student Defense Team is committed to helping parents and students avoid these outcomes by employing skillful negotiations and monitoring to ensure the student's rights are protected.
Nebraska's K-12 School Disciplinary Guidelines
Each school and district in Nebraska crafts its own set of disciplinary rules. These regulations are crafted based on several factors, including the student age group, the culture of the school, and the optimal way to cater to the needs of students, parents, and the school's interests. Consequently, disciplinary procedures at Millard South High School in Omaha will be different from those at Blue Sage Elementary in Elkhorn. Furthermore, most schools decide whether to intervene in off-campus misconduct on a case-by-case basis regardless of what is written (or not written) in their school policies. Let's delve into potential disciplinary actions in different scenarios:
- Off-campus Misconduct no School Connection: In such situations, schools are less inclined to impose direct penalties. Instead, they might adopt an educational or rehabilitative approach, such as recommending counseling or other educational resources.
- Off-campus Misconduct with Indirect School Connection: The school's response to such incidents could range from rehabilitative to punitive. The school might suggest professional counseling at one end of the spectrum or suspension at the other.
- Off-campus Misconduct Directly Impacting School Community: In these instances, the school is more likely to enforce strict disciplinary measures. Penalties could escalate to long-term suspension or even expulsion for actions like cyberbullying or physical assaults on students or teachers, for example, regardless of where the incident occurred.
The Potential Perils of K-12 Schools Punishing Off-Campus Misconduct
Given the lack of clarity surrounding off-campus discipline policies in many schools—and the potential legal vulnerability of more explicit policies—there is a significant risk of infringing upon student rights. Unlike the court system, which incorporates numerous safeguards to ensure due process, schools may not consistently implement these protections. For instance, they may fail to conduct a thorough investigation into alleged misconduct or impose severe punishments without affording your child a fair opportunity to present their perspective.
The Impact of Disciplinary Actions Against Nebraska K-12 School Students
Severe disciplinary actions enforced by schools, such as suspensions or expulsions, can profoundly affect a student's life long after the incident itself occurs.
Immediate repercussions: The penalty imposed by a school is usually imposed quickly after the reported misconduct. This swift response, typical in schools with zero-tolerance policies towards behaviors such as bullying, hate speech, or substance abuse, often leaves parents and students unprepared and uncertain about how to proceed. In many cases, the student's rights may be violated in the process.
Short-term repercussions: Disciplinary actions like suspension can result in academic challenges for the student due to missed exams or coursework. The child may also miss out on opportunities for personal development through participation in extracurricular activities.
Long-term repercussions: These can complicate your child's life for years. Colleges and universities often conduct thorough reviews of applicants' school records, including their disciplinary history. If your child's disciplinary record comes under scrutiny, it could potentially hinder them from gaining admission to their preferred college. The disciplinary record could also potentially disqualify your student from certain scholarships, which often form a crucial part of college funding.
The most effective way to mitigate these risks to your child's future is to engage an experienced education law attorney at the first indication of trouble. The Student Defense Team at the Lento Law Firm is ready to help you negotiate a resolution with the school that safeguards your child's future.
How the Lento Law Firm Team Can Assist
If your K-12 student is facing suspension or expulsion for an alleged off-campus incident, it's natural to feel concerned. Without the support of a seasoned education lawyer, your child risks suffering unfair consequences with lasting impacts due to potential overreach by the school. The experienced Student Defense Team at the Lento Law Firm can provide the necessary guidance and support to navigate this labyrinth of school rules and regulations while protecting your child's rights. We'll begin by reviewing the school's Student Code of Conduct and other policies to ensure you comprehend what the school can legally do and what it cannot. We can also assist you in preparing for meetings with school administrators and gathering essential information about how the school is investigating the incident.
Moreover, our team will:
Evaluate the allegations against your student and the potential repercussions if the school decides to act;
Assist by engaging in preliminary discussions with your school during the disciplinary process to seek a favorable resolution;
Offer guidance throughout the disciplinary process to shield your child from the long-term impacts of disciplinary action;
Support any appeals to enhance the chances of success; and
In rare instances, if negotiations fail and the school has evidently overstepped its legal authority, consider litigation options.
The Lento Law Firm: Championing Your K-12 Child's Rights in Nebraska
The implications of disciplinary actions taken against your student by the school can profoundly impact their future opportunities. When schools take it upon themselves to penalize students for off-campus incidents, there's a considerable risk of infringing on the student's rights, leading to far-reaching consequences. Whether your child attends school in Scottsbluff, Kearney, Hastings, or Big Springs, if they are faced with suspension or expulsion due to an incident that occurred off school premises, immediate action is imperative to safeguard their interests.
The Student Defense Team at the Lento Law Firm has extensive nationwide experience in successfully handling cases similar to yours. We provide the necessary guidance to resolve conflicts with the school in a way that protects your child's academic future. To learn more about how we can help, contact us today at 888-535-3686 or fill out this brief online form.
