Oklahoma High School Student Defense

Nothing matters more to you than your child's welfare. That's why you spend so much of your time every day obsessed with whether they're eating right, hanging out with the right crowd, and keeping up with their schoolwork. The point is not just to protect them now but to make sure they're prepared for their future.

Here's the thing: a single disciplinary offense can disrupt that future. We're not talking about a DUI or an assault charge. We're talking about simple high school misconduct. These days, there are no minor offenses. School districts take even the most minor infractions seriously, and they frequently impose penalties that are, frankly, draconian.

Any time your child is in trouble, it's a stressful event for them and for you. If they're in trouble at school, though, you can't be certain that faculty and administrators will act appropriately. It takes no more than a college degree to teach high school in Oklahoma, and that degree doesn't necessarily include training in how to administer discipline. It certainly doesn't include training in ethics, judicial procedure, and the appropriate application of the penal code. To put it bluntly, high schools get discipline wrong more often than they get it right, and when they get it wrong, it's your child who pays the price.

Don't let it happen. The moment your child is accused of misconduct, contact the Lento Law Firm. Our Student Defense Team is made up of capable attorneys who know Oklahoma and federal education law inside and out. They don't just know the law, though. They also know how school judicial processes work. They have experience protecting student rights. Whether you need someone to negotiate with school officials or you need an advocate to force your school to do what's right, they're qualified, on your side, and ready to fight.

You'll find lots more about how we can help below. Before we get into any of that, though, you need to know that we're just a phone call away. Call us at 888-535-3686, or take time now and use our online form to tell us about your situation.

The Oklahoma Educational System

Let's start at the beginning: How is Oklahoma education organized, and how is discipline administered?

For the most part, rules, regulations, discipline, investigations, and adjudications are all in the hands of local school districts. Oklahoma law clearly states that districts must “adopt a policy for the discipline of all children” (§24-100.4.A) but says very little about what should be included in such policies. It occasionally offers advice, such as the suggestion that districts should “make an effort” to involve “teachers, parents, administrators, school staff, school volunteers, community representatives, local law enforcement agencies, and students” (§24-100.4.B) in developing their policies, but it does not go so far as to make this a requirement.

In addition, there are a handful of state laws dealing with issues specific to education, including:

• Bullying (§24-100.2)
• Hazing (§24-100.2)
• Weapons on Campus (§24-102)
• Drugs on Campus (§1210.229-5)

The federal government has its own laws regarding education. Most of these are aimed at protecting the rights of protected groups. So, for example, Title IV protects students from racial, sexual, and religious discrimination. Title IX protects students from sexual discrimination and harassment. The Individuals with Disabilities in Education Act (IDEA) safeguards the rights of students with disabilities. Oklahoma is, of course, bound to respect these laws.

Otherwise, however, the state of Oklahoma takes a largely hands-off approach to K-12 education. Even in terms of something as serious as corporal punishment, districts are encouraged to make their own decisions. As a result, Oklahoma is a hodge-podge of disciplinary rules and procedures, with no two schools acting in the same way. The Jenks High School handbook prohibits students from turning on electronic devices when they're in class. The Mustang handbook, on the other hand, notes that such devices can “enhance the classroom.”

It can be difficult to protect your child when there's no real consistency between schools, sometimes even within the same district. We recommend that all students and parents familiarize themselves with their local district or high school handbook. This can help you avoid problems, but it can also be useful evidence in a defense. It's generally true that if a rule isn't spelled out in your handbook, your district can't hold you responsible for breaking should you break it.

We can tell you the most common categories of rules, though. Virtually all high school regulations fit into one of these categories, and if you know what they are, it's easier to keep all the policies straight.

• Academic misconduct
• Non-academic misconduct
• Sexual misconduct

Academic Misconduct

Academic misconduct goes by different names. Owasso High School talks about “honesty.” Moore High School labels it all as “cheating.” No matter what it's called, though, this type of offense relates to how students complete their coursework. How regulations are worded can differ from district to district as well. Almost all forms of misconduct, though, can be thought of as either cheating, plagiarism, or some other form of misrepresentation.

• Cheating: This involves the use of some unauthorized resource to complete your work.
• Plagiarism: This means attempting to pass another person's words or ideas off as your own.
• Misrepresentation: This covers all other forms of dishonesty, such as inventing lab results or making up a source for a paper.

Usually, classroom teachers are primarily responsible for handling instances of academic misconduct, though this can sometimes create conflicts of interest when it comes to fairness. Not only do teachers have the power to accuse a student, but they're also generally in charge of deciding whether a student committed an offense and assigning penalties. Sanctions can range anywhere from a simple warning to assignment rewrites to lowered grades on assignments and even lowered course grades.

Luckily, you always have the right to contest a teacher's decisions with the high school's administrators—principals, vice-principals, counselors, and deans. And in most cases, only principals and vice-principals have the authority to suspend or expel a student.

Two things you should keep in mind, though:

First, a sanction doesn't have to be as serious as suspension or expulsion to have an impact on your child's educational future. Even a warning for cheating or plagiarism can hurt a kid's chances at college if it appears in their permanent record. You must take every allegation seriously.

Second, you can only help your child deal with a disciplinary issue if you know about it. This actually applies to all types of misconduct. Most students accept that teachers and administrators are in charge, and they rarely question an accusation or a sanction. Or, they feel like it's their responsibility to deal with what happens to them at school without bothering their parents. Or, they don't want to get in more trouble by admitting to their parents that they made a mistake. Even if they made a mistake, though, it is often the case that schools assign sanctions that are simply too harsh. Encourage your children to tell you what's happening at school and always keep their best interests at heart.

Whatever the situation, the Lento Law Firm can protect your child's rights. We can make sure they're never punished without cause, and we can make sure their punishments truly fit the nature of their offenses. And if they've wound up with a black mark on their record, we can also work with school officials to get it cleaned up. Nothing should stand in the way of your child's chance at college. We'll make sure nothing does.

Non-Academic Disciplinary Misconduct

It's easy to get caught up in worrying about a kid's grades. We hear so much these days about how important GPAs and standardized test scores are to college and university applications. The fact is that the bulk of disciplinary offenses in high school have to do with non-academic misconduct, such as trespassing, vandalism, assault, verbal harassment, and simple school disruption.

Here again, every school has a slightly different approach to disciplinary misconduct, with its own particular set of rules and regulations. Enid High School can suspend students for “acts of immorality.” At Broken Arrow, you can be punished for altering another person's "food or beverage."

The most serious offenses, though, tend to show up in every school's Code of Conduct, things like:

• Violence: You can be sure your child's high school prohibits all forms of violence and takes policy violations seriously. Most Oklahoma school handbooks include language that promises to involve local law enforcement if necessary.
• Substance Abuse: Schools sometimes vary in how they deal with drug offenses. Some more enlightened high schools recognize that a kid caught with drugs probably needs substance abuse help rather than suspension or expulsion. Many schools, though, still punish anyone involved in drugs in any way, and all maintain stiff penalties for anyone caught dealing drugs.
• Bullying: Oklahoma state law bars all forms of bullying and harassment on school campuses, and schools can be held financially liable when incidents occur. As a result, all schools in the state have zero-tolerance policies on such behavior.
• Weapon Possession: This is also contrary to state law. Keep in mind that any weapon can qualify. If your child happens to leave their hunting rifle in their truck after a morning spent in the deer woods, it can lead to suspension or expulsion.

Finally, most disciplinary policies contain a whole host of rules relating to general misconduct. These can apply to everything from appropriate dress to the use of technology in the classroom to how to behave in the cafeteria.

Of course, students do have a responsibility to follow rules, to prioritize learning when they're at school, and to respect teachers, administrators, and other students. A high school community can only operate if there is some sense of order.

Not every misconduct allegation is fair, though. Teachers and administrators spend a large proportion of every day trying to enforce the rules. It's no surprise, then, that after a time, they can become jaded to the job. They accuse innocent students, they react too harshly to situations, and they can't be bothered to go back and correct their mistakes.

As parents, you must walk a very fine line sometimes. You need to talk to your kids about obeying the rules. If they're having trouble keeping all their school's policies straight, focus on giving them simple strategies to stay out of trouble. They might ask themselves, for example, just what effect their actions might have. Any time they think what they do could harm another person or disrupt the school in any way, they can be reasonably sure that what they're doing is against the rules.

At the same time, you must be responsive to your child's concerns. Students are sometimes the victims of false allegations. When they make mistakes, schools sometimes overreact and issue unreasonable punishments. If you're not sure whether your child's school is acting appropriately, we can help. We'll assess the situation and offer advice. And, if necessary, we're ready to fight to make sure your child is treated fairly.

Sexual Misconduct

Sexually-based offenses are technically a form of non-academic disciplinary misconduct. However, they are so serious that they are treated as their own category of offense. That starts at the level of the federal government. Title IX prohibits all forms of sexual discrimination and harassment. While the law doesn't punish students directly, it does punish schools that fail to respond appropriately to allegations. As a result, Oklahoma high schools investigate all but the most spurious complaints, and they save their harshest punishments for students who are found Responsible for (guilty of) these offenses.

No one is suggesting K-12 schools should do otherwise. Your child's high school has an obligation to protect them from harm, and sexual misconduct can have deep, long-lasting effects on victims. A school's concern for preventing such misconduct, though, must be balanced with an equally strong concern for students' due process rights.

Luckily, current Title IX guidelines emphasize many of these protections. Any student who is accused of a sexually-based offense has the right to an investigation and to at least defend themselves at an administrative hearing. They have a right to a presumption of innocence. They have the right to review all evidence in the case. They have the right to an attorney.

Unfortunately, Title IX guidelines can be confusing. While you and your family have many important rights, it's not always easy to know how to use these rights effectively. It's easy to get lost in the process. It's easy to make mistakes, and mistakes can cost your child their future. The attorneys at the Lento Law Firm are well-versed in the law, though. You can count on us to help guide you through your case, from start to finish, to use the process to your best advantage, and to get you the very best possible resolution to your case.

Academic Progression

Academic progression isn't, strictly speaking, a disciplinary issue. Or at least, it isn't usually treated that way. We as a society tend to believe that students who aren't succeeding in class are “slow” or “lazy,” that they're not smart enough to keep up, or they aren't disciplined enough to do the work that's assigned. When they fail courses or get left behind, we blame them and assume they deserve their fates.

Students in these situations often need defending, too. The reality, as educational experts have shown over the last several decades, is that students can struggle academically for a variety of reasons that have nothing to do with intelligence or discipline.

• Socioeconomic Background: How much money a child's family makes can have a significant impact on their classroom achievement. Problems can range from a lack of attention in the home to food insecurity and even abuse. When students are suffering emotionally and psychologically, these problems tend to bleed over into their academic performance.
• Racial and Ethnic Bias: Most schools work hard to give students of different cultural, racial, and ethnic backgrounds a level playing field. Even so, Study after study has demonstrated that tests and other measures of "intelligence" can be biased toward students of particular cultural backgrounds.
• Quality of School: It may seem obvious to say that a child's success depends on whether or not they attend a good school with properly trained educators. We sometimes ignore these factors, though, when deciding whether a student is “smart” or “dumb.”
• Disciplinary Sanctions: Some types of discipline have also been shown to have an impact on student achievement. Students who are subjected to corporal punishment or so-called "exclusionary discipline" are more likely to get into additional trouble later in life and more likely to struggle with academics.

As we suggested when discussing misconduct, no student should suffer over an unfair accusation. No student should be given an unfair sanction just for having made a mistake.

The same is true of progression "sanctions." Failing a child or holding them back a grade can have serious negative effects, not only on their academic development but on their psychological, emotional, and social development as well. Holding a student back forces them, for example, to shift from one peer group to another and can lead to feelings of difference and isolation. Students can feel stigmatized, and, in fact, they may wind up being treated differently both by other students and their teachers.

There are individual educators out there, and even whole schools and districts in Oklahoma, who keep up with educational science, who know exactly what helps students thrive, and who work hard day in and day out to protect students from even accidental mistreatment. If your child's teachers, schools, and district are enlightened, you may have to advocate on their behalf. We can help. How?

• We can make sure your child is treated fairly in all of their classes.
• We can pressure teachers to use educational strategies that meet your child's learning styles.
• We can insist your district employ fair methods of evaluation.
• We can negotiate with school officials to prevent your child from being held back.
• We can remind your school—gently or otherwise--just how much outside forces can impact a student's learning.
• We can ensure your child's record stays free of biased and negative comments from teachers and administrators.
• We can make sure your child has every reasonable opportunity to succeed.

You need to recognize, though, that it's important to act fast when it comes to your child's education. Unfair classroom treatment can escalate quickly. A student who is labeled "dumb" or "lazy" can internalize those labels, and it only takes a few days for them to fall behind. At the very first sign of trouble, contact the Lento Law Firm. We can help.

Sanctions

How many times have we said it already? Every high school in Oklahoma is different. That applies to sanctions as well. Different schools employ different kinds of sanctions, and they employ those sanctions in different ways. In general, though, you can expect a range of punishments if your child has been found responsible for an offense.

• Warnings
• Extra assignments
• Detention
• Loss of privileges(such as participation in athletic events, clubs, and other extracurricular activities)
• Restitution
• Mandated counseling
• Suspension
• Expulsion

As we said before, no sanction is minor if it should appear on your child's record. If a college thinks your child has problems following instructions or completing work honestly, you can be sure they'll second-guess whether to accept them or not.

That said, there are some types of discipline that are more harmful than others. Oklahoma law, for instance, still allows school districts to practice forms of corporal punishment despite the fact that every study has demonstrated the emotional and psychological harm such punishment can inflict on children.

Those districts that have outlawed the practice sometimes employ sanctions that can be just as harmful. Exclusionary discipline—suspension, expulsion, and the removal of students to alternative schools—is actually referred to by many educational experts as a “school to prison pipeline. Students who experience such discipline are more likely to have disciplinary problems later in life and more likely to spend time in jail or prison eventually.

At a minimum, exclusionary discipline inhibits learning, which is the very problem it is meant to address. Students learn best when with their peers and when they are kept in a stable environment. It is additionally true, though, that students subjected to such tactics suffer from social stigma and lack of self-esteem. They come to regard themselves as “problems,” “wrong” or “defective.” As a parent, you must do everything you can to help them avoid this kind of treatment, no matter what mistakes they might make along the way.

There is another component to the issue of exclusionary discipline as well. All children, without exception, have a fundamental right to a K-12 education. That isn't a moral or ethical imperative. It is a legal right enshrined in no less an authority than the U.S. Constitution.

Your child has an absolute right to an education, a right afforded to them by the U.S. Constitution, and no one has the power or authority to take away that right for any reason, including misconduct. Race is no bar to this right. Nor is gender, sexual orientation, religion, disability, or any other status. A child can't be denied an education as a result of misconduct, either. Your child's district can expel them. Indeed, according to Oklahoma law, the district must expel them in certain situations. However, the district must continue to provide them with education. They may require you to transfer to another district. They can require you to homeschool your child. They must provide these resources, though, and they must provide them for free.

The bottom line is that your child should never be disciplined in a way that harms them or that harms their opportunity at a successful future. Children aren't adults. They're in school to learn, and learning involves mistakes. No matter what your child may have been accused of doing, you can count on the Lento Law Firm to protect their interests.

Defending Your Child

We've talked a lot about how districts and schools in Oklahoma operate. We've talked about your child's rights as a student and your rights as a parent. That's a lot of information to digest. At a minimum, though, you should keep two things in mind.

• Before your child is disciplined, the school should have clear evidence to support its allegations against them. The school must also be willing to share this evidence with you. You always have the right to raise questions about this evidence.
• Any time the district is considering suspension, expulsion, or alternative school placement, it must give you the opportunity to defend your child at a formal hearing.

What do you do in a practical sense? That can depend on the exact nature of the situation. Certainly, there are many cases in which taking your concerns up the "chain of command" will solve the problem.

• It's always a good idea to start by talking with your child's teachers. You may find that your child is a victim of a misunderstanding that can be easily corrected through better communication.
• If teachers refuse to respond to your concerns, you can always take those concerns to school administrators, district administrators, or even the school board.
• Finally, while Oklahoma schools are free to set their own policies, they are ultimately beholden, financially, to the state Department of Education. This body can be a valuable resource in pressuring schools to act appropriately. The U.S. Department of Education can also sometimes be helpful in convincing a school to live up to its responsibilities.

Of course, you always have the right to demand a formal hearing into disciplinary matters involving your child.

No matter what course of action you take, you can count on the Lento Law Firm to be on your side and ready to step in at a moment's notice. We can go over your case with you and help you to decide on the best approach. We can negotiate on your behalf if that's what is called for. Make no mistake, though: we can be fierce in protecting our clients. We know how to hold schools and districts responsible for their actions, and we'll do that any time we're called on.

Why Do You Need a Lento Law Firm Attorney?

As we've outlined, your child has numerous rights as a student. You have a number of rights as their parent. If everyone followed the law, everything would work smoothly. Your child would get the education they need and deserve, and there would be no need for attorneys.

Unfortunately, life doesn't work like that. Educators do make mistakes. They're not always willing to accept responsibility for their mistakes. They're not always willing to correct their mistakes. And school districts are powerful entities with a great deal of political clout. The fact is, it sometimes requires an attorney to hold them accountable.

Why the Lento Law Firm, though? Won't any attorney do? In a word, no. For one thing, a student defense isn't a criminal defense. There are similarities: questions of evidence are at stake; you're trying to prove your child's innocence; there are clear penalties if you should lose your case. You do need a strong litigator, someone who understands judicial procedures and knows how to mount a competent defense. However, Lento Law Firm attorneys work specifically in the field of educational law. We work with students and their families every single day. We know the issues students face. We know what's at stake.

What can we do for you and your family?

• We're experienced negotiators. We know how to talk to faculty and administrators.
• Any time your child is under investigation, we'll attend meetings and speak on your family's behalf. We'll protect your rights and make sure your child is treated fairly.
• Should it become necessary, we'll represent you and your family at any formal hearings. We'll introduce evidence, examine witnesses, and present arguments on your behalf.

You're an amazing parent, and you look out for your kids. You're not an attorney, though. Let someone from the Lento Law Firm look out for you.

Other Issues We Can Help With

Because we're so focused on educational issues, we're capable of dealing with a wide variety of student issues beyond student discipline.

• Disability Issues: Schools must provide disabled students with all the resources they need to get an equal education. “Disabilities” includes learning disabilities. If your child has ADD, ADHD, dyslexia, autism, or some other condition, you have some important rights. Your child may be entitled, for instance, to course accommodations, like extra time to complete assignments. The school must go through a special process before enacting any disciplinary penalties. And if your child needs resources, the district must provide those free of charge. We can make sure your child's teachers and administrators live up to their responsibilities.
• Bullying Issues: Oklahoma law is quite clear on the subject of bullying. If your child is bullied, there may be no way to hold the bully accountable. You can hold their school accountable, though, for its failures to prevent incidents. The Lento Law Firm can represent you in any bullying liability suits and make sure you and your family are fairly compensated.
• College Student Issues: The Lento Law Firm doesn't just work with K-12 students. We also help college students deal with progress issues and misconduct allegations.

The Lento Law Firm is Always On your Side

Here's the bottom line: the attorneys at the Lento Law Firm understand that schools and school districts sometimes over-reach. Very few deliberately abuse their authority, but they make mistakes. They sometimes get things wrong. Our job is to protect your child when this happens.

The Lento Law Firm's Student Defense Team is committed to the proposition that all students deserve fair treatment and the opportunity to earn the best possible education. To honor that commitment, we've studied the law. We've learned how the Oklahoma educational system operates and what to expect from individual school districts. And we've put what we know into practice, helping hundreds of students to protect themselves.

If your child is facing unfair disciplinary action, we can help. To find out more, contact the Lento Law Firm at 888-535-3686 or use our online form.