Elementary and middle school are formative years for our children. So, when issues arise, from bullying to failing grades to discipline issues, it can be alarming. You may be worried about your student's progression in school, mental health, or ability to learn while facing these challenges. But you don't have to figure it out alone. If your child is facing discipline issues for misconduct, academic reasons, or related to a disability, the skilled Education Law Team at the Lento Law Firm can help. We help families like yours nationwide, so call us at 888.535.3686 or contact us online to schedule your free consultation.
Arkansas Middle and Elementary Education Issues
Elementary and middle school students can face academic misconduct charges, problems with academic progression, and disciplinary issues or code of conduct violations. Parents of younger students may also face challenges with disability education issues or discipline related to a disability. Arkansas law requires school districts and schools to create rules for conduct and disciplinary procedures and consequences, so it's important for parents to understand potential education law issues before they arise in school.
Arkansas Middle and Elementary School Academic Misconduct Charges
While it may seem surprising, middle and elementary school students can also face allegations of academic misconduct, including cheating, plagiarism, submitting another student's work as their own, and more. Arkansas law also allows school districts to set disciplinary measures and procedures for academic misconduct. For example. The Springdale School District's policies prohibit:
- “Cheating, copying, or claiming another person's work to be his/her own”
- “Theft of another person's intellectual property,” and
- “Disrespect for school employees and failing to comply with their reasonable directions or otherwise demonstrating insubordination.”
These behaviors can result in disciplinary action at school, including failing grades, suspension, or placement in an alternative education placement.
Arkansas Middle and Elementary School Academic Progression Issues
Even in elementary and middle school, kids can face educational challenges. Students can face academic challenges for several reasons, including:
- Learning disabilities, whether diagnosed or undiagnosed,
- Excessive absences from an illness,
- Bullying,
- Mental health issues, or
- Many other reasons.
Unfortunately, not all schools promptly address academic issues, which could result in failing grades or your student being unable to advance to the next grade. Each district should develop methods to evaluate students academically and to get them back on track with a student success plan or an Individualized Education Plan.
For example, under the Little Rock School District's guidelines, students in grades second through eighth grade can be retained in a grade if they aren't proficient on the yearly “Summative Assessments” each school gives in math, literacy, and science. Schools may also retain students if they don't participate in their “remediation plan” for each subject. Little Rock School District also has compulsory attendance requirements that, if not met, could result in a student not advancing to the next grade.
Arkansas Middle and Elementary School Behavioral Misconduct Charges
For example, Arkansas law requires all school districts to develop procedures for certain serious misconduct violations, including:
(A) Willfully and intentionally assaulting or threatening to assault or abuse any student or teacher, principal, superintendent, or other employee of a school system;
(B) Possession by students of any firearm or other weapon prohibited upon the school campus by law or by policies adopted by the school district board of directors;
(C) Using, offering for sale, or selling beer, alcoholic beverages, or other illicit drugs by students on school property; and
(D) Willfully or intentionally damaging, destroying, or stealing school property by students.
So, students who assault someone at school, destroy property, use or sell drugs or alcohol, or bring a weapon to school will face mandatory discipline. For example, under Arkansas law, students who bring a weapon to school must face expulsion for one year. However, the district superintendent will have some discretion to modify the punishment on a case-by-case basis. Arkansas school policies must also include anti-bullying provisions.
Arkansas Middle and Elementary School Disability Issues
All students have the right to a free, appropriate public education under federal and Arkansas law. The state must also comply with the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act of 1973. These federal laws protect your child's educational rights in elementary and middle school. However, some Arkansas parents encounter challenges in obtaining accommodations and services to ensure their children succeed in school because of the money schools must spend to help. Some students, because of a disability or learning difference, are eligible for modifications of their work, assistive devices, services like occupational or speech therapy, counseling, or other services and accommodations.
Schools also tend to punish students with disabilities disproportionately. However, federal law requires schools to conduct a manifestation determination review (MDR) before suspending a student with a disability for ten days or more. If the student doesn't have a diagnosed disability, you can request an MDR to determine if your student's conduct is related to a disability or the school's failure to address it appropriately.
You Need the Lento Law Firm's Experienced Education Law Team
If your Arkansas elementary or middle school student faces disciplinary, academic, or disability rights issues, you don't have to figure out the byzantine maze of regulations, rules, and federal and state education laws alone. The skilled Education Law Team at the Lento Law Firm can help. We've been helping parents nationwide, including throughout Arkansas, for years. We can help protect your students' education rights, negotiate and communicate with schools, develop and raise the best possible defense, and handle hearings and appeals. Wherever you live in Arkansas, retain the Lento Law Firm's skilled Education Law Team to help your Arkansas middle or elementary school student overcome their school challenges. Call 888.535.3686 or contact us online to schedule your consultation today.
