There's really nothing more important to your child than their education. During their elementary and middle school years, they are learning foundational concepts that will form the basis for everything else they will ever learn. At the same time, they're being taught how to get along with others, how to work in a structured environment, what it means to be responsible, and how to follow the rules.
You can't afford for anything to go wrong during these years. One unkind teacher or an administrator who treats them unfairly can affect a child's development and influence the rest of their academic career.
If you're worried your child isn't getting the attention they deserve or they're being mistreated in some way, you need to know that you're not alone. We can help. The Lento Law Firm was founded to help defend students from disciplinary charges and ensure all students are afforded all the rights they deserve. If you live in Idaho, the firm's Student Defense Team is here for you. To find out more, call 888.535.3686 or go online now.
Disciplinary Authority in Idaho
One of the most common problems Idaho school children face is allegations of misconduct.
Idaho state law (33-512) grants individual district school boards throughout the state general authority to govern their own schools. That authority extends to the creation of district disciplinary policies. The legislature's primary requirements are that these policies:
- Create “a safe environment conducive to learning” and
- Empower educators to “maintain classroom discipline.”
Additionally, Idaho grants district boards the right to utilize a range of punishments for misconduct, up to and including expulsion.
Within this framework, here are the rules most districts enact.
Academic Misconduct
Virtually every district has rules regarding academic misconduct—activities like cheating and plagiarism. The Boise School District, for example, bars
Cheating in any form or manner, on any school premises or at any school- sponsored activity, regardless of location.
We don't often think of cheating in relation to elementary and middle school kids, but the fact remains that this policy applies to all schools in the district, K-12. It further specifies that students who are caught cheating can be given no credit or failing grades.
In addition, it's important to remember that any cheating allegation—even if it carries no direct punishment, can have long-term consequences on a student's academic career. That's certainly true if it should wind up reported in their permanent file. Word-of-mouth can sometimes be just as damaging, though. If a first-grade teacher believes your child has cheated, they could report that to second-grade teachers, who might report it to third-grade teachers in an endless chain that could follow them to college.
You must take all allegations of misconduct seriously and do everything in your power to protect your child. The Lento Law Firm can help.
Behavioral Misconduct
Your district will also have a policy focused specifically on behavioral misconduct. While every district is entitled to formulate its own rules, there are a number of rules that tend to be universal across all districts. The West Ada School District in Meridian offers a good example. While the district maintains separate student handbooks for elementary, middle, and high school students, those handbooks generally include the same basic rules.
- General “Expected Behavior”: Students are supposed to learn the system, which means learning to do things like “show courtesy and respect to others,” be attentive,” “follow class standards and rules,” and refrain from “profanity.”
- Contraband: Most schools also have a list of items that are barred from campus. West Ada's includes animals, trading cards, and latex balloons.
- Dress Code: Finally, many schools maintain a dress code that limits what students can and can't wear on campus.
Districts and schools not only have the right to make their own rules but to tie specific violations to specific punishments up to and including suspension and expulsion. However, they must make their discipline policies publicly available to both students and parents. If they don't, they cannot hold you accountable.
State Prohibitions
Finally, while Idaho allows school districts to set their own disciplinary rules, the state has also enacted a series of laws to handle some of the most problematic types of school misconduct.
- Weapons Possession: Idaho state law 18-3302D makes it a crime to possess a deadly weapon on school grounds. 18-33021 further criminalizes the act of threatening to use a deadly weapon.
- Bullying: Idaho state law 18-917 outlaws all forms of bullying at Idaho schools, including hazing.
- Alcohol and Drugs: Finally, Idaho state law 33-210 requires districts to enact policies forbidding the use of alcohol and drugs on campus. Faculty who suspect usage are required to contact parents and, in the case of multiple offenses, law enforcement.
While school districts have no leeway in enforcing state law, it's important that you, as a parent, remember that there are always defenses to disciplinary violations. The Lento Law Firm can work with you to protect your child any time they've been accused of wrongdoing.
Idaho Middle and Elementary School Disability Issues
If you're the parent of a student with a disability, you have special worries. Like any parent, you want to protect your child from unfounded allegations and unfair punishments, but the dangers for your child are elevated. Students with disabilities are sometimes disciplined for behavior caused by their disability. They can also be targets for other children, and incidents they didn't start can sometimes escalate beyond their control. The Office of Special Education, part of the Idaho Department of Education, has rules in place to help shield your child from disciplinary action. For example, schools are supposed to conduct a “manifest determination” any time a child with a disability is accused of misconduct. This determination should uncover whether the accusation might be the result of the disability itself.
Beyond disciplinary matters, though, it's equally important that you understand your disabled student is entitled to an education equal to that of their peers. The Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) both provide important protections for students with disabilities. Among these protections, your district must provide them with services and resources to help them learn, and they must provide those services and resources at no cost to you. That could mean anything from hiring additional personnel to upgrading facilities to purchasing special technology. Furthermore, your child is entitled to learn in a mainstream classroom right beside their peers.
The Lento Law Firm is experienced in holding schools and districts accountable for their treatment of students with disabilities. We know the law, and we know how to use it to your family's advantage.
Idaho Education Attorney Services
We've talked a lot about the types of issues that can come up for elementary and middle school students in Idaho schools. Just what is it that the Lento Law Firm can do about these issues, though?
First, the Lento Law Firm is committed to student defense. Our attorneys all have a background in criminal defense, but they're highly experienced in dealing with school disciplinary matters.
- From the moment your child is accused, they can work to protect your child's rights.
- They can represent your family at any district hearings.
- They can gather mitigating and exonerating evidence.
- They can raise questions about school policies and procedures.
- They can negotiate for fair sanctions.
- They can file appeals at the state level if necessary.
Lento Law Firm attorneys don't just deal with disciplinary issues, though. They understand how IEPs work and can make sure you have a voice in what your child's IEP says. They can help prevent faculty and administrators from holding your child back. They can intervene if your district is trying to send your child to an alternative school.
Whatever the issue, the Lento Law Firm is here for students, and we'll do whatever it takes to make sure your child is treated fairly and that they get the best possible resolution to their case.
Where the Lento Law Firm Can Help
The Lento Law Firm handles any type of education issue. We also work with elementary and middle school students in any part of Idaho. That includes districts like
- West Ada
- Boise
- Nampa
- Bonneville Joint
- Pocatello
- Idaho Falls
- Coeur d'Alene
- Vallivue
- Twin Falls
- Oneida
- Jefferson County Joint
- Post Falls
- Madison
Premier Idaho Education Attorneys
The attorneys at the Lento Law Firm have the background, the knowledge, and the experience to help you handle any education issue, no matter where in Idaho you might live. To find out more, contact the Lento Law Firm today at 888.535.3686 or go online.
