In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Your Ohio high school student likely has laudable ambitions, much as you have for your student. You and your student may hope and plan for your student to gain admission to a great Ohio college or university, or a fine institution of higher education in another state, perhaps even your own alma mater. Or you and your student may dream that your student will enter a fruitful profession, trade, or other vocation, perhaps one connected with your family. Or the goals you and your student share for your student may have more to do with business, nonprofit, academic, charitable, or even philanthropic and family goals and ambitions, all highly admirable and worthwhile. Whatever your student's goals, Ohio high school misconduct discipline or academic progress issues can make achieving those goals harder or even impossible. Retain the Lento Law Firm's premier Student Defense Team for your student's Ohio high school defense, whether you are located in Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Parma, Canton, Lorain, Hamilton, Youngstown, Springfield, Kettering, Elyria, Cuyahoga Falls, or any other Ohio location. Call 888.535.3686 or use our contact form now for the highly qualified Ohio high school defense your student needs.
Your Interest as an Ohio High School Parent
As the parent of an Ohio high school student, you know that you still have substantial responsibility for your student's educational and other welfare. You cannot simply leave your student's future to your student alone, especially when your student faces Ohio high school disciplinary charges or academic misconduct issues. High school students are still developing mentally, emotionally, and physically. They are also still learning procedural discipline and life skills. High school students are generally not up to navigating the complex academic and administrative procedures that misconduct charges and academic failure can implicate. Even as a parent, you likely have only limited knowledge of Ohio's education laws, rules, and regulations, the conduct codes governing your student's behavior, and the federal rights your student has that may protect your student against harsh and even crippling school discipline. Your best move to protect your student is to retain our highly qualified attorneys.
The Impact of Ohio High School Discipline
Depending on the nature of your student's issues and how you and your student respond or fail to respond to those issues, Ohio high school discipline can have a severe long-term impact on your student. Colleges and universities generally require applicants to disclose high school discipline. Discipline also typically shows up on high school transcripts or other records to which college and university admissions officers have access. Admissions procedures for professional, trade, and other vocational programs may also require your student to disclose discipline, just as many state and local officials who issue licenses, certificates, and other work permits. Your student might not get into the college, university, or vocational program your student needs and desires, or gain the license or certificate, simply because of high school discipline that your student might better have avoided. High school discipline can interfere with many other important opportunities for your student's academic, social, mental, emotional, and other development. We stand ready to defend your student against Ohio high school misconduct charges or academic progress issues to avoid these adverse impacts.
Ohio's High School Discipline System
Ohio school laws grant your student's high school teachers, principal, and other disciplinary officials clear authority and substantial discretion to impose discipline for misconduct and to fail, hold back, and even suspend or expel your student for academic progress issues. Indeed, Ohio Code Section 3313.534 requires the state's local school districts to maintain and enforce a zero-tolerance for “violent, disruptive, or inappropriate behavior” as the district and state define those broad terms. The same code section mandates that the state's so-called big eight school districts, including the districts covering Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo, and Youngstown, maintain alternative disciplinary schools for suspended and expelled students. Ohio Code Section 3313.66 and related laws, rules, and regulations authorize the high school principal and other school disciplinary officials to suspend students for up to ten days and seek longer suspension and expulsion on grounds that school officials specify. Ohio Code Section 3313.666 further requires local school districts to adopt policies prohibiting certain forms of misconduct. Respect the authority of your student's Ohio high school officials. Get our help dealing with those authorities.
The Ohio Department of Education & Workforce
The Ohio Board of Education and its related administrative agency, the Department of Education & Workforce, oversee the Ohio legislature's school laws for discipline. You and your student may not find yourselves dealing directly with these state-level entities, but their authority, regulations, rules, and procedures establish the landscape across which your student's matter will proceed. For instance, the Ohio legislature mandated in Ohio Code Section 3301.079 that the Department of Education & Workforce adopt academic standards for students to meet at all grade levels through high school, including model curricula for each subject. Your student must generally meet those standards to progress academically. For another example, Ohio Code Section 3301.22 mandates that the Department of Education & Workforce adopt a model anti-harassment policy for local school districts to adopt and implement, under which to punish misbehaving students. For yet another example, the Ohio Department of Education & Workforce developed the Ohio School Safety Framework as a guide for local high schools to correct and punish student misconduct. Your student's local high school officials may rely on these and other state-level standards, guides, policies, and rules when disciplining your student. We can help you advocate for your student's relief from discipline under these state-level standards.
Ohio Local School District Authority
While your student's disciplinary or academic progress matter will arise in your student's local Ohio high school, you and your student may find your student's matter quickly reaching the local school district level. Ohio school laws place the primary responsibility and authority for local school discipline at the district level. Ohio Code Section 3313.66 and other school laws grant the local school district and its superintendent disciplinary authority to suspend and expel students to implement the state standards and local school district student conduct codes. Our attorneys can help you and your student deal strategically and effectively with district officials, whether your student attends the Cleveland Municipal School District, Columbus City School District, Cincinnati City School District, Toledo City School District, Olentangy Local School District, South-Western City School District, Akron City School District, Lakota Local School District, Dublin City Schools, Hilliard City School District, Westerville City School District, Dayton Public School District, Pickerington Local School District, Worthington City School District, Mason City School District, or another large, small, urban, suburban, or rural school district across the state.
Ohio Local High School Student Code of Conduct Enforcement
To carry out the above disciplinary authority, Ohio's local school districts and their high schools adopt and enforce student codes of conduct. Your student's disciplinary or academic progress matter is likely to proceed under such a student code of conduct, like the representative ones at these schools:
- the Cleveland Metropolitan School District Student Code of Conduct;
- the Dayton Public Schools Student Code of Conduct;
- the Dublin City Schools High School Student Code of Conduct; and
- the Cincinnati Public Schools Code of Conduct.
Ohio High School Academic Misconduct
Ohio high school students get into trouble at school for a variety of reasons. Academic misconduct is one of those reasons. Academic dishonesty, or cheating, can be more serious than you may initially think, especially if the teacher or school principal believes your student's actions disrupt and undermine instruction or demonstrate insubordination and disrespect toward school staff and rules. Deliberate cheating, repeated cheating, or cheating that involves or attempts to involve other students can get the attention of disciplinary officials outside the classroom and could result in a school suspension, expulsion, and alternative disciplinary placement. The Cleveland Metropolitan School District Student Code of Conduct is an example, indicating that cheating is only a Level 1 infraction but that disobeying school personnel or undermining school culture rises to a Level 2 or higher infraction. The Dayton Public Schools Student Code of Conduct defines academic dishonesty as a Level 2 infraction. Take any of these cheating charges seriously, and get our help to avoid crippling discipline:
- cheating on quizzes, tests, or exams, getting help from other students, or using unauthorized devices or materials;
- cheating on homework assignments, getting help from parents, siblings, other students, or an online service;
- copying another student's paper or copying materials found online, defined as plagiarism; or
- making up fake sources or fake data, or altering sources or data, for academic credit.
Punishing Ohio High School Academic Misconduct
Ohio high school teachers, principals, and other officials can take varying views on punishing cheating. Some may, with appropriate advocacy, treat cheating as an opportunity to educate, instruct, and correct your student. Other officials, though, may construe cheating as representing bad character worthy of severe punishment, again, especially when the cheating disrupts or undermines the instruction of other students. The Dublin City Schools High School Student Code of Conduct, for example, authorizes teachers to give zero credit for exams or assignments on which the student cheated but also to refer for additional discipline. Similarly, the Cincinnati Public Schools Student Code of Conduct treats academic dishonesty as a first-level offense warranting a corrective action plan but can elevate offenses to disorderly conduct warranting suspension and referral for alternative placement.
Ohio High School Academic Discipline Impacts
Academic discipline on your Ohio high school student's record can affect your student's education and future. Of course, losing credit for the exam or other academic work can lead to academic failure and other progress issues. However, academic discipline may also include losing athletics, clubs, social, and other privileges, and even school suspension, interfering with peer, teacher, advisor, and mentor relationships. Academic discipline may also mean your student doesn't gain admission to a preferred Ohio college or university, a premier college or university in another state, or a desired professional, trade, or other vocational program. Agency officials granting licenses, certifications, and permits for work and other opportunities may also consider academic dishonesty as disqualifying for the credential. Beware of the adverse impacts on your student's academic discipline. Get our help to avoid discipline and negotiate for remedial, non-disciplinary relief.
Ohio High School Academic Misconduct Defense
With our highly qualified, skilled representation, your student may indeed be able to turn back Ohio high school academic misconduct charges. Our attorneys may first be able to propose informal conciliation conferences at which to advocate and negotiate for your student's alternative remedial relief. If school officials have already disciplined your student, we may be able to invoke a district formal hearing to overturn the discipline. If your student has already lost the available formal hearing, we may be able to take a successful appeal through district procedures and even to the state level. Let us help, no matter the stage of your student's academic discipline proceeding.
Ohio High School Behavioral Misconduct
If your student instead faces Ohio high school behavioral misconduct charges, you probably already realize your student's high stakes. As already briefly indicated above, Ohio state school law, specifically Ohio Code Section 3313.534, mandates a zero-tolerance for “violent, disruptive, or inappropriate behavior” disrupting school operations. Other laws impose stiff automatic penalties for a year's suspension for things like bringing a firearm to school. Ohio Code Section 3321.13 even authorizes school officials to notify the local juvenile judge when the school suspends a student for drug or alcohol abuse or possession for juvenile proceedings beyond school discipline. Each of the above student code of conduct examples defines a wide range of behavioral misconduct. Each also treats behavioral misconduct as a high-level offense, especially when involving weapons, drugs, alcohol, bullying, or other violence or threats of violence. Any of these actions could result in your student's severe discipline for behavioral misconduct:
- coming to school under the influence of alcohol or drugs, or possessing those items on school premises or at school activities;
- possessing tobacco products or vaping materials on school premises or at school activities;
- possessing, viewing, displaying, or distributing pornography on school premises or using school computers or devices;
- fighting, bullying, intimidating, hazing, or other violent, oppressive, or extortionate acts toward other students or staff;
- harassment or other discrimination based on race, sex, religion, or disability, including the use of demeaning words or actions;
- graffiti or other vandalism of, or trespass on, school property, including unauthorized access to computer systems;
- theft, damage, or destruction of student or staff items or other personal property on school premises;
- triggering fire alarms or disturbing fire extinguishers or other fire suppression equipment;
- possessing, displaying, or brandishing guns, knives, or other weapons on school grounds;
- delaying or damaging school buses or other school transportation, including disobedience toward drivers;
- insubordinate, disrespectful, or disobedient conduct toward teachers, principals, or other school staff; or
- chronic absenteeism or truancy.
Ohio High School Behavioral Discipline Impacts
As shown above, your student's Ohio high school disciplinary officials have plenty of authority, under Ohio Code Section 3313.66 and other laws, rules, and regulations, to suspend, expel, place for alternative schooling, or otherwise discipline your student for any of the above misbehaviors. The impact of behavioral discipline can be especially severe because of the adverse inferences others may make about your student's suspected bad character. Even if your student does not suffer suspension or expulsion and instead only loses athletic, club, or social privileges, must do school or community service, or must pay restitution, the bad mark on your student's school record may lead to a loss of preferred college or university admission or enrollment in preferred professional or vocational programs. Your student may also lose the positive identity as a trustworthy and respected student among peers, leading to social isolation and mental, emotional, and other developmental impacts. Beware the severe potential impacts of behavioral discipline.
Ohio High School Behavioral Misconduct Defense
Your student generally has constitutional and statutory rights to due process before a long-term suspension or expulsion from your student's Ohio public high school placement. Ohio Code Section 3313.66, for instance, guarantees notice to you and your student, an opportunity for a formal hearing, and certain appeal rights. Our attorneys have the skill and experience to invoke your student's procedural protections, challenge the school's evidence of behavioral misconduct, present your student's exonerating and mitigating evidence, and advocate for remedial relief rather than discipline. Let us come to your student's defense of behavioral misconduct charges. Your student has a lot on the line when facing those charges.
Ohio High School Sexual Misconduct Charges
Ohio high school sexual misconduct charges can be equally daunting. Federal Title IX regulations require Ohio high schools receiving federal funding to prohibit not only sexual assault, stalking, and dating violence but also sexual harassment. Ohio school districts and high school student codes of conduct adopt or otherwise incorporate the arguably broad and vague definition Title IX gives to sexual harassment. Many schools even broadened the prohibited sexual misconduct. The Dayton Public Schools Student Code of Conduct, for example, prohibits not just sexual assault and sexual harassment but also “vulgar or obscene words or gestures,” “indecent exposure,” “possession of profane, vulgar, or obscene material,” and even “distribution of derogatory or offensive posters, cards, pictures, cartoons, graffiti, or drawings....” And if your student's Ohio high school finds that your student committed sexual misconduct, the punishment is likely to be severe. The Cincinnati Public Schools Code of Conduct, for example, lists sexual wrongs among the grounds for permanent expulsion.
Ohio High School Sexual Misconduct Discipline Impacts
Ohio high school sexual misconduct discipline can have severe adverse impacts on your student's present relationships and motivation and on your student's future education, vocation, other opportunities, and relationships. College and university admissions officers have the same Title IX obligations to protect students in higher education as your student's Ohio high school officials have to protect students at that lower level of education. They may deny your student admission based on a record of sexual misconduct discipline. Your student could suffer suspension, expulsion, and disciplinary placement, as well as losing friends, teachers, advisors, and mentors. The impacts could include your student's delayed academic, social, and other development and even depression. Don't underestimate the risks of sexual misconduct charges. Get our help to address, minimize, and avoid those risks.
Ohio High School Sexual Misconduct Defense
Your student not only has the same constitutional and statutory rights to due process as described above, to defend Ohio high school sexual misconduct charges, but may have additional procedural protections under Title IX. Title IX regulations may permit our attorneys to confront and cross-examine your student's accusers at a formal hearing. We can also present your student's exonerating and mitigating testimony and other evidence at the formal hearing, appeal hearing results if your student has already suffered discipline, and seek alternative special relief through district and state oversight channels if your student has already lost all appeals. Let us help invoke your student's procedural protections for the best possible outcome to Ohio high school sexual misconduct charges. Your student's future is worth the fight.
Ohio High School Academic Progress Issues
Academic progress is essential to your student's Ohio high school graduation. You and your student know that your student must generally complete the schoolwork, pass the examinations, and make the grades to advance from grade level to grade level all the way to graduation. Academic progress issues, though, can prevent your student's advancement and graduation. Academic progress issues can combine with behavioral or academic misconduct issues or can arise on their own from a variety of other causes. Your student's Ohio high school officials, though, may construe or misconstrue your student's academic struggles as if they involved primarily or solely your student's lack of motivation, discipline, effort, or care, or similar character and behavioral issues. Your student's chronic absenteeism, tardiness, or truancy can contribute to the school's impression that your student should suffer discipline for your student's academic challenges. Ohio Code Section 3321.13 and the following sections clearly articulate the school's responsibility to investigate, correct, and even discipline your student's poor attendance. Beware of academic progress issues. They can have the same crippling effect and lead to the same suspension, expulsion, and alternative disciplinary placement, as misconduct charges.
Addressing Ohio High School Academic Progress Issues
We may be able to help your Ohio high school student invoke similar procedural rights and protections as those described above to help your student remain in school at the same grade level as your student's peers. Your student may also have other substantial rights, especially if your student has a qualifying educational disability under the federal IDEA law or other federal and state laws. Your student, for instance, has a right to a manifestation determination review under the IDEA law before the school changes your student's IEP placement, to ensure that the school is providing the required disability services and accommodations. If your student doesn't have a diagnosed learning disability and IEP, your student may qualify for referral and evaluation at the school's expense. Get the help of our highly qualified attorneys to help you address your student's academic progress issues. Academic progress is essential to your student's current persistence and future success.
Ohio High School Disciplinary Sanctions
Ohio Code Section 3313.66 and other Ohio school laws clearly authorize suspension, expulsion, and alternative disciplinary placement of your Ohio high school student for any number of alleged school wrongs. Don't be surprised if you find your student's school officials presuming that they should suspend your student, remove your student from the school, and relieve school officials from addressing your student's academic, social, developmental, or behavioral issues. Suspension is often disciplinary officials' default response and stance rather than dealing with the issues. Expulsion and alternative disciplinary placement likewise remove your student's issues from the traditional high school's concerns. Don't let your student's school officials remove your student from school simply for their convenience. And beware of lesser sanctions like loss of academic honors and awards, loss of athletic privileges, and loss of club and social activity privileges. Any discipline can affect other educational or vocational program admissions while demotivating and disabling your student. Let us help you and your student minimize any sanction in favor of remedial, positive, constructive, and restorative relief.
Ohio High School Disciplinary Sanction Issues
Ohio high school disciplinary officials are human. They not only make mistakes when imposing discipline but can also, unfortunately, exhibit biases and prejudices. They may determine to unnecessarily punish your student when your student's issues did not involve deliberate disobedience or even a lack of motivation, devotion, or attention. They may overlook restorative measures that could both achieve their responsibility to secure the school and protect its students while educating and appropriately serving your student. Our attorneys know how to help Ohio high school disciplinary officials consider the greater value of non-disciplinary options. We may be able to help you and your student promptly propose, advocate, and negotiate remedial relief that keeps your student's school record clear of any discipline, avoiding the above adverse impacts. Get our help with sanctions issues, even if the school has already imposed those sanctions.
Limits on Ohio High School Discipline
Ohio school laws don't give untrammeled authority to your student's high school officials to punish as they see fit. Ohio Code Section 3319.41, for instance, prohibits your student's high school teachers, principal, and other officials from imposing corporal punishment. No teacher or other school official should be paddling or spanking your student. The same law prohibits school officials from using restraint or seclusion other than for emergency safety purposes. School officials should not generally be grabbing your student, shaking your student, dragging your student from the classroom, or locking your student in a closet or isolated room to punish through confinement. For another example, Ohio Administrative Code Rule 3301-35-15 may require your student's high school to use positive intervention behavior support before disciplining for certain misconduct. Your student has other substantive rights and procedural protections under anti-discrimination laws, anti-bullying laws, disability laws, and other laws, rules, and regulations. Our attorneys know those laws and know how to strategically invoke them on your student's behalf. Get our help with discipline issues.
Ohio High School Student Defense Rights
As mentioned above, your Ohio public high school student has constitutional due process rights, along with statutory and regulatory rights and protections. Due process generally requires notice of the charges in enough detail for you and your student to respond and a fair hearing before an impartial decision maker. We know the applicable procedural laws, rules, and regulations, including the ins and outs of Ohio Code Section 3313.66 on student discipline procedures and Ohio's Administrative Procedure Act. Our attorneys know how to obtain the school's or district's specification of the charges, obtain any evidence supporting those charges, request conciliation conferences or mediation for early voluntary dismissal of unwarranted or unsupported charges, negotiate for alternative remedial relief, invoke formal hearings, cross-examine adverse witnesses at those hearings, present your own student's exonerating and mitigating evidence at those hearings, and pursue available administrative appeals through the district and state. We also know how to seek court review of adverse decisions and how to obtain alternative special relief through the district's general counsel office or other oversight channels, even if you and your student have lost all hearings and appeals.
Premier Ohio High School Student Defense
The Lento Law Firm's premier Student Defense Team is available in Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Parma, Canton, Lorain, Hamilton, Youngstown, Springfield, Kettering, Elyria, Cuyahoga Falls, and other Ohio locations to defend your student against Ohio high school disciplinary charges and academic progress issues. Do as hundreds of high school and other students nationwide have done in trusting our attorneys for successful defense of misconduct charges and academic progress issues. Call 888.535.3686 or use our contact form now to tell us about your Ohio high school student's case.
