Pennsylvania High School Student Defense

During high school, young people make important decisions that shape their future. They figure out who they are, what values they believe in, what career they want, and if they want to go to college. Where they end up in life depends on their abilities and choices. Sadly, how they're treated in high school can greatly impact their future.

Unfair punishments, accusations, and strict rules can make students resent school and harm their development, especially when they lead to harsh disciplinary measures. These experiences can leave lasting scars on their education and mental well-being. High school students face many challenges, like cheating accusations and allegations of misconduct. Especially if their school has rigid disciplinary policies. However, in some cases, they may be falsely accused or face penalties they don't deserve.

In this post, we'll get into the variety of challenges high school students encounter, from academic misconduct and non-academic misconduct to sexual misconduct. We'll discuss the serious sanctions they can face and what you can do to fight on their behalf. Remember, it's important that you take these threats to your child's education and future seriously and act quickly to protect them. If your child is struggling, the LLF Law Firm is here to support them. Our Student Defense Team is dedicated to protecting student rights and ensuring a safe learning environment. We understand education laws and how the system works, and we're committed to helping your child succeed. Contact the LLF Law Firm's Student Defense Team Today at 888.535.3686 or through our online form.

The Pennsylvania Educational System

Let's start by discussing who has the authority to create rules for handling discipline issues in Pennsylvania high schools. Understanding this system is an important first step if you need to defend your child against accusations.

The United States Board of Education grants each school board in schools across the nation the power to establish rules concerning child accounting, attendance, admission, excusal, and program procedures. It also allows boards the authority to make reasonable and necessary rules governing the conduct of students in school.

In Pennsylvania, state law mainly gives individual schools the power to establish rules, but there are important guidelines they must follow. The law requires that various groups, including parents, teachers, administrators, security staff, and students, all have a say in creating these rules. Additionally, schools must inform students and parents about all rules and publish them on district websites.

Furthermore, these rules must comply with other Pennsylvania laws. For example, schools must have rules against behaviors like bullying, hazing, drug dealing, and possessing weapons on campus, all of which are clearly outlined in Pennsylvania law.

High schools also have to follow federal laws. They must adhere to regulations such as Title IX, which addresses sexual discrimination and harassment; Title IV, which deals with discrimination based on race, sex, and religion; and the Individuals with Disabilities in Education Act (IDEA), which makes available free and appropriate public education to children with disabilities.

Within this framework, schools and districts generally have the freedom to create their own disciplinary rules. While most Pennsylvania schools have similar conduct codes, there can be variations in how individual schools enforce them.

For example, Reading Senior High School in Reading, with nearly 5,500 students, prohibits winter coats and book bags from being worn by students inside the classroom or cafeteria during school hours. Pennsbury High School in Fairless Hills, with just under 3,000 students, allows students to wear coats when walking between campus buildings and outright prohibits full-length trench coats.

To understand your child's rights and responsibilities as a student, you should review the specific policies of their school or district. However, we can provide some common categories of offenses that nearly every district uses:

• Academic misconduct
• Non-academic misconduct
• Sexual misconduct

Academic Misconduct

No school wants to be known for students cheating. That's why all Pennsylvania schools have rules against cheating and other forms of academic misconduct, from the Commonwealth Charter Academy in Harrisburg to Parkland High School in Allentown. The term “academic misconduct” is an umbrella term which covers the following actions:

• Cheating: Using any unauthorized help, like a textbook, the internet, or another person, to finish schoolwork. Basically, if a student gets answers from somewhere other than their own thinking and the teacher doesn't say it is okay, it's considered cheating.
• Plagiarism: Trying to pass off someone else's words or ideas as your own. This could be as simple as copying a quote into a paper without giving credit or as serious as claiming another student's work as yours.
• Misrepresentation: Turning in work that isn't really your own. This could mean making up sources or faking lab results.

Maintaining academic integrity is paramount to the educational environment, which is why Schools place significant emphasis on addressing non-academic misconduct. They strive to cultivate an atmosphere characterized by honesty, integrity, and fairness, where students are encouraged to demonstrate ethical behavior in their academic pursuits. Instances of cheating or plagiarism directly undermine these values, eroding the trust and integrity essential for effective learning and scholarly discourse. With so much focus on the importance of academic integrity, schools can easily make a false assumption, which can easily turn into a false accusation against your child.

Usually, teachers are in charge of catching academic misconduct because they're the ones who see the work firsthand. They have the power to accuse students, decide if misconduct happened, and give out punishments, like redoing an assignment or getting a lower grade.

Suspension and expulsion for academic misconduct are rare and usually only happen in really serious cases. Usually, only school administrators can give out these punishments, sometimes without an extensive investigation or hearing.

Many times, students don't argue against accusations of academic misconduct, especially if it's just a punishment in class. They accept what their teachers say and the consequences they're given. However, these actions can affect a student's future, such as their chances of getting into the college of their choice or getting the job they want.

Students don't always tell their parents when they get into trouble because they're afraid of getting in trouble at home, too. Even if they're innocent, some students try to deal with problems on their own. It's important to encourage your kids to talk to you about what's happening at school and not just accept unfair punishments.

If your child has been wrongly accused or unfairly punished, the LLF Law Firm's Student Defense Team can help. We can negotiate with your child's teacher or defend your child in a formal hearing. Our goal is to make sure your child's mistakes don't ruin their future dreams.

Non-Academic Disciplinary Misconduct

Non-academic disciplinary misconduct refers to behaviors or actions that violate school rules, policies, or codes of conduct but are not directly related to academic performance or coursework. These behaviors typically involve violations of behavioral expectations, safety regulations, or standards of conduct within the school community. While it often happens in classrooms, it's not related to classwork like academic misconduct.

It's important to remember that each school has its own rules, and some might have unique regulations. However, there are certain rules that apply to most schools, such as:

• Disruptive Behavior: Pennsylvania schools prohibit actions that disrupt classroom activities, such as talking out of turn, being disrespectful to teachers or peers, or refusing to follow instructions.
• Vandalism or Property Damage: Intentional destruction or damage to school property, including graffiti, vandalism, or destruction of school facilities, is not allowed in Pennsylvania schools.
• Theft or Unauthorized Possession: Students will be disciplined by their school for stealing or unauthorized possession of personal belongings, school property, or other students' possessions.
• Inappropriate Dress or Appearance: Although a minor offense, violations of the school's dress code or grooming policies, such as wearing inappropriate clothing, accessories, or hairstyles, can be grounds for disciplinary action.
• Truancy or Skipping Class: If a student is absent from school or classes without valid permission or excuse from parents or guardians, they can face disciplinary measures, including placement in a school or community attendance improvement program or a county youth agency. The school also has the authority to file a citation against the parents in magisterial district court if the student is under 15.
• Violence: Any physical altercation, aggression, or threat of violence towards other students, teachers, or staff members is prohibited by all schools. Students involved may face legal consequences under Pennsylvania's assault and battery laws.
• Substance Abuse: Pennsylvania schools forbid the possession, use, distribution, or being under the influence of drugs or alcohol on school grounds or during school-related activities.
• Weapons Possession: Pennsylvania bans weapons on campus, including firearms, knives, and tasers. Violators may face both school discipline and criminal charges.
• Bullying: Any form of aggressive behavior, intimidation, or harassment directed towards another student, including physical, verbal, or cyberbullying, is prohibited under Pennsylvania law; schools must address it with strict sanctions, although it doesn't usually lead to criminal penalties.

Schools also have rules about "general misconduct," which can vary. For example, one school might restrict cell phone use, while another might prohibit public displays of affection.

Ultimately, an action is considered "against the rules" if it harms others, damages property, or disrupts normal school activities. This can include seemingly minor things like talking in class or running in the hallways.

Teachers and administrators often exert their authority without question, but they can make mistakes. It's important for students to know their rights and not just accept disciplinary decisions. They can discuss concerns with their parents and seek support, like the LLF Law Firm's Student Defense Team, who are dedicated to advocating for students and their families.

Sexual Misconduct

Accusations of sexual misconduct are incredibly serious and can have significant consequences for students. Every school has rules specifically addressing these types of offenses. Additionally, federal law, known as Title IX, covers sexual misconduct cases in public schools. Unlike criminal law, Title IX doesn't lead to criminal prosecution, but it requires schools to thoroughly investigate any credible complaints. It also outlines procedures for investigations and encourages schools to impose strict punishments like suspension or expulsion.

The offenses under Title IX range from verbal harassment to severe acts like dating violence and rape, all of which demand investigations. Other behaviors like inappropriate touching, forced kissing, stalking, and any form of discrimination based on gender, sex, or sexual orientation are also considered violations.

Navigating Title IX cases can be complex because schools must follow specific federal guidelines, which can be confusing. Cases often involve issues like understanding what constitutes "consent" and assessing physical evidence. Many times, decisions come down to credibility, determining which side is more believable. That's why it's crucial not to handle a sexual misconduct charge alone. You need legal representation from an attorney who understands the law and has experience with student clients. You need someone like the LLF Law Firm on your side.

Academic Progression

While it's not about punishment, sometimes students need help when it comes to moving forward academically. In the past, if teachers thought a student wasn't doing well in class, they might have given them a failing grade. Some schools still do this.

But over time, educators have learned that grades don't always accurately measure a student's intelligence. Many issues can affect how well they perform in school, such as:

• Their socioeconomic background.
• Their coursework and exams may not favor their particular race or ethnic group, putting them at a disadvantage.
• The student's school or a particular teacher may not have the capability to teach the student effectively.
• Previous disciplinary actions the student has faced may have inadvertently derailed their progression in school.

Furthermore, when students have to repeat a grade, they often feel outcasted and left out of their peer group. This can hurt them emotionally and psychologically.

Most schools understand these things and try to be fair when grading students. But if your child's school is trying to hold them back or give them bad grades for no good reason, you must take action. In today's competitive world, even one bad grade can tarnish a student's transcript, preventing them from getting into college or limiting their options.

The LLF Law Firm's Student Defense Team can help make sure:

• Your child is treated fairly in class
• Teachers use teaching methods that work for your child
• Your child is graded fairly
• The school understands how outside factors affect learning
• Unfair comments about your child's abilities don't go on their school record
• Your child gets every chance to succeed

But remember, it's important to act fast when issues arise. Once a school decides a student is "lazy" or "not smart," it's hard to change their mind. A negative stigma can follow a child through their educational process and even into their adult lives.

Sanctions

We've talked about disciplinary punishments before, but let's delve deeper into what these sanctions entail. In Pennsylvania, high school students may face various sanctions for disciplinary infractions, depending on the nature and severity of the offense, as well as the policies of their specific school or district. Some common sanctions that high school students may face include:

• Detention: Students may be required to serve detention, either during or after school hours, as a consequence of minor infractions or behavioral disruptions.
• In-School Suspension (ISS): Students may be temporarily removed from regular classroom settings and placed in an ISS program within the school premises, where they are typically supervised by school staff but continue to receive academic instruction.
• Out-of-School Suspension (OSS): Students may be suspended from attending school for a specified period, during which they are not allowed to participate in regular school activities or classes.
• Expulsion: In serious cases of misconduct or repeated violations, students may be expelled from school, permanently or for a specified period, resulting in the loss of their right to attend the school.
• Restitution: Students may be required to make restitution for any damages caused as a result of their misconduct, such as paying for repairs to school property or reimbursing victims for stolen or damaged belongings.
• Counseling or Intervention Programs: Students may be mandated to participate in counseling, behavior intervention programs, or other support services aimed at addressing underlying issues contributing to their misconduct.
• Loss of Privileges: Students may face restrictions or loss of privileges, such as being prohibited from participating in extracurricular activities, attending school events, or using certain school facilities.
• Alternative Education Programs: In some cases, students may be placed in alternative education settings, such as alternative schools or programs, designed to address behavioral issues and provide additional support and supervision.

It's important to respond to all sanctions because sometimes they are simply unjust and have devastating consequences. Even a warning can harm a student's record. You want to ensure your child isn't wrongly accused and that any punishment matches the offense they're accused of.

Certain types of punishments deserve special attention. For instance, all forms of corporal punishment are illegal in Pennsylvania, except by parents, provided they do not cause bodily injury or serious physical harm to the child. Schools can't use physical violence as punishment; it's considered assault and can lead to legal action.

Extreme disciplinary actions like suspension, expulsion, or placement in alternative schools can have serious negative effects on a child's development. These punishments can hinder learning, cause embarrassment, and make children see themselves as problems. They're even linked to an increased likelihood of criminal behavior, which is why Pennsylvania's education laws limit their use to severe cases. Before such punishments are given, districts must meet with parents and allow students to defend themselves at a formal hearing.

Now, Pennsylvania law does allow suspension and expulsion in certain situations, such as:

• Acts of violence
• Threats of violent actions
• Theft
• Drug or alcohol possession
• Sexual assault

The law also requires expulsion in situations such as:

• Causing serious physical injury to another person
• Possessing a firearm on campus or school-sponsored event
• Brandishing a weapon on campus or at a school-sponsored event

Be aware that schools are barred from using these punishments unless the Pennsylvania legislature has specifically granted schools and school districts the right to levy them for a specific offense.

Remember, your child has a right to an education, even if they're expelled from school. Pennsylvania is responsible for providing education, which could mean homeschooling or attending an alternative school. The state can't deny your child's education and must offer resources at no cost.

Disciplinary sanctions can greatly affect a student's education and well-being. Before accepting any punishment your child's school hands out, reach out to the LLF Law Firm to ensure your child is being treated fairly and their rights are protected.

Defending Your Child

You hope it never happens, but there may come a time when you need to defend your child against mistreatment by their school. How you defend them depends on the specific allegations. For example, in cases of Title IX sexual misconduct, federal law sets out strict procedures for investigations and decisions. However, for less serious accusations like academic misconduct, your school district might not have formal procedures in place.

Regardless of the severity of the situation, you have the right to demand an investigation and a hearing. Even if the punishment is not severe, the school must address your concerns and justify their actions. Your child also has the right to legal representation. A lawyer from the LLF Law Firm can handle all aspects of the process.

You should also have the right to present evidence, call witnesses, and question any witnesses against your student. However, a formal hearing may not always be the best approach. In many cases, you can resolve disciplinary issues by talking to your child's teacher first, then involving other school administrators if necessary, such as the counselor, vice-principal, or principal. If needed, you can escalate your concerns to the district administration or the school board.

In some situations, you may need to take further action by appealing to the Pennsylvania Department of Education or the United States Department of Education. Ultimately, you have the right to request a hearing before the school board, and you can also seek remedies through civil litigation.

With so many options, it can be hard to know the best course of action to take in your specific situation. The LLF Law Firm's Student Defense Team has experience helping hundreds of students and their families in Pennsylvania and across the country navigate these situations with schools and school districts. We will carefully assess your situation and recommend the best approach to get the justice you deserve. You can trust us to support you every step of the way.

Why Do You Need an Attorney?

As we've explained, the law provides strong tools to protect your child. You would think this is enough to ensure your child is never mistreated, misjudged, or unfairly punished. Unfortunately, that isn't always the case. Public schools, like any institution, sometimes forget to follow their own rules and procedures in these circumstances. When this happens, you need a strong defense attorney on your side who knows the law and can hold educators accountable.

Ensuring your child is treated fairly and gets the justice they deserve can be challenging. Most incidents have specific procedures, but teachers and administrators often prefer informal negotiations first.

The LLF Law Firm can assist you throughout this process:

• LLF Law Firm practices education law and has extensive experience dealing with disciplinary cases in schools. Their attorneys have in-depth knowledge of state and federal laws, as well as school policies and procedures, allowing them to navigate your student's case effectively.
• Our Student Defense Team has a proven track record of successfully defending students facing disciplinary actions. They understand the complexities of student defense cases and have the skills and resources to advocate for your student's rights and interests.
• We recognize that each student's case is unique, and they tailor their approach to meet the specific needs and circumstances of your student's situation. They take the time to understand your student's perspective and develop a personalized strategy to achieve the best possible outcome.
• We provide dedicated legal representation for your student throughout the disciplinary process. Their attorneys will advocate on behalf of your student, handle communications with school officials, and ensure that your student's rights are protected at every stage of the proceedings.
• We can help negotiate with teachers and administrators through informal talks, reminding them of their duties and presenting your child positively.
• We can represent you during investigations, ensuring your child's rights are respected, evidence is considered, and cases are dropped if evidence is lacking.
• We can present a strong defense during formal hearings. We can prepare a strong defense strategy, gather evidence, and question witnesses.
• Facing a disciplinary case can be stressful and overwhelming for both students and their families. LLF Law Firm offers guidance and support to help you navigate the process with confidence. They will keep you informed about your student's case, answer any questions you may have, and provide reassurance during this challenging time.
• LLF Law Firm is committed to advocating for fair treatment and due process for your student. They will work tirelessly to challenge any unjust allegations or disciplinary actions, negotiate on your student's behalf, and strive to achieve a favorable resolution to the case.

Most importantly, we can guide you through these steps, advising you when to negotiate and when to push for a formal hearing. We can advocate for you or provide effective communication strategies. When you hire the LLF Law Firm, you can rest assured that your case will be handled effectively.

Why Do You Need the LLF Law Firm's Student Defense Team?

What sets apart the LLF Law Firm's Student Defense Team? Can any lawyer handle your case? The simple answer is no. Student defense cases are unique for several reasons:

• They involve issues uncommon in courtrooms, like whether a student's tone of voice was actually “belligerent,” if a teacher's instruction was relayed clearly, and what the school policy's definition of public display of affection actually means.
• They touch on legal areas not typically handled by local or family attorneys, such as cheating, dress code violations, and bullying.
• They often deal with federal laws like Title IX, the Americans with Disabilities Act, free speech rights, and Civil Rights legislation.
• They don't usually go to court but are decided by teachers, principals, and school board members. The standard of proof is also different, with school cases using a lower "preponderance of the evidence" standard.

Local criminal and family attorneys may not be familiar with the specific requirements for defending students, but LLF Law Firm attorneys are. We understand education law and the Pennsylvania education system and have experience defending students. Plus, we communicate regularly with faculty and administrators, ensuring your concerns are effectively expressed.

Other Issues the Student Defense Team at LLF Law Firm Handles

In addition to disciplinary issues, our firm is equipped to handle other education-related matters Pennsylvania students face. These include, but are not limited to, the following:

• Disability Issues: Students with disabilities have special rights under federal and state law. We can advocate for accommodations they need in the classroom.
• Bullying Issues: If your child is bullied at school, we can pursue legal action to hold the school accountable for any harm caused.
• College Student Issues: We also represent college students facing disciplinary actions from their institutions.

The LLF Law Firm is Always on Your Side

At the LLF Law Firm, we understand that schools and districts can sometimes go too far. While most don't intend to abuse their power, mistakes happen. Our job is to stand up for your child when this happens.

The LLF Law Firm's Student Defense Team believes that every student deserves fair treatment and the chance to get the best education possible. To uphold this belief, we've studied the law, learned how Pennsylvania's education system works and gained experience dealing with different school districts. We've used this knowledge to help hundreds of students protect themselves.

If your child is facing unfair disciplinary action, we're here to help. Contact the LLF Law Firm's Student Defense Team today at 888.535.3686 or through our online form.