Schools, even middle and elementary schools, have developed itchy trigger fingers lately when it comes to discipline. Kids are inundated with rules and policies they can't possibly hope to keep straight. Districts overreact and investigate even the smallest incidents. And most punishments are well out of proportion to the alleged offenses.
Things are to the point that, if you're a parent, you can almost expect to wind up defending your child from a charge sooner or later. How do you protect them?
You listen to their side of the story. You take up for them when you need to. And you make sure you have someone qualified to help you defend them.
The Lento Law Firm was founded to defend students from unfair treatment. We'll represent your child during investigations and hearings. We'll make sure they're afforded all the rights they deserve and that they get the best possible resolution to their case. To find out more, call 888.535.3686 today or go online now.
Disciplinary Authority in New Mexico
New Mexico has a state Public Education Department that sets policies for all schools in the state. However, state law gives local school districts the authority to establish their own disciplinary policies. This means school boards are free to set school rules and devise appropriate punishments for violations. In fact, even individual schools are allowed to develop their own policies, with some restrictions.
- Districts and schools must include parents, school personnel, and students in establishing their disciplinary policies.
- Districts and schools may only discipline students for rules that have been officially adopted and may only utilize disciplinary punishments that have been specifically prescribed in their policies.
- Districts and schools must prohibit corporal punishment.
- Districts and schools are prohibited from discriminating against students on the basis of race.
- Disciplinary policies must include specific prohibitions against racial aggression.
Within this general framework, most schools prohibit two specific kinds of misconduct: academic and behavioral.
Academic Misconduct
Academic misconduct, such as cheating and plagiarism, is generally less of a problem in elementary and middle schools than it is in high schools. However, most district policies offer blanket statements in their conduct policies that apply to all students in the district, no matter their grade level.
For example, the Gadsden Public School District publishes just one student handbook for all K-12 students. That handbook specifically mentions “academic misconduct” and includes both cheating and plagiarism as offenses. It also recommends punishments ranging from a warning to suspension and expulsion.
Keep in mind as well that even a minor cheating allegation can have major consequences for your child's educational future. Should a teacher decide your child has committed a form of academic misconduct and record that on their permanent record, it can follow them throughout the rest of their career. That can be far more damaging than a lower grade, an assignment, or even a suspension. In fact, even if it isn't part of the written record, it is not uncommon for teachers to pass information about their students on to students' future teachers. The result can be an endless cycle of unfair suspicion and false accusations.
The Lento Law Firm's Student Defense Team can intervene any time your child faces unfair charges. They'll make sure your child doesn't suffer any unjust punishments, and they can work with districts to remove negative disciplinary notes from your child's records.
Behavioral Misconduct
In addition to academic misconduct policies, all New Mexico schools have policies that prohibit behavioral misconduct. And, in this day and age, these policies can be extensive and complex. The Las Cruces Public Schools Code of Conduct is so involved that the district maintains a searchable online database.
Of course, every district is different. Each has its own particular educational philosophy, and that philosophy is reflected in its unique set of rules. The Rio Rancho rules bar students from wearing trench coats. The Demings Handbook says nothing about trench coats, but it does prohibit flannel shirts with only the top button buttoned.
There are some rules, though, that are universal. All schools, for example, prohibit
- Drug use, possession, and distribution
- Gambling
- Gang activities
Again, individual districts have the right not just to make rules but to set the punishments for those rules. Typical punishments include
- Warnings
- Detention
- Loss of privileges
- In-school suspensions
- Transfer to an alternative school
- Suspension
- Expulsion
No matter what the allegation or the proposed sanction, the Lento Law Firm can help. They can speak on behalf of your student at any district hearings, work with you to collect and organize evidence, and—when it's called for—negotiate fair penalties that don't put your child's future in jeopardy. Most important of all, they're committed to protecting your child's rights and the rights of your family.
State Prohibitions
Finally, you should know that in addition to school policies, New Mexico state law includes some key prohibitions on on-campus behavior. For example,
- Weapons Possession: §10.8.2.16 makes it a crime to possess a firearm on a school campus unless specifically authorized by law.
- Bullying: The Safe Schools Act, §22.35.1, mandates that all schools must adopt an anti-bullying policy.
You should also know that Title IX, a federal law, bars all forms of sexual discrimination and harassment at publicly funded educational institutions. Title IX doesn't just apply to districts. It applies to students as well. “Harassment,” in this case, is broadly construed to include a wide variety of sexual misconduct, from simple verbal harassment to stalking, dating violence, and rape. Schools are required to investigate all credible claims and are encouraged to issue severe penalties.
School districts have no leeway when it comes to enforcing state or federal laws. However, unlike policies, laws are always written to provide the accused with due process protections. You always have the right to defend your child from charges, and you always have the right to an attorney to help you do that. The Lento Law Firm knows the law, and the firm's attorneys are experienced working in the New Mexico legal system. We can protect your child no matter what the charges might be.
New Mexico Middle and Elementary School Disability Issues
The Lento Law Firm's Student Defense Team works specifically with students with disabilities.
If you're the parent of a disabled child, you need to know that they are protected by both federal law and New Mexico Department of Education policy. The Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) both contain important provisions that guarantee students with disabilities the right to a “Free and Appropriate Public Education” (FAPE). For instance, your child is entitled to placement in a mainstream classroom, to freedom from discrimination and harassment, and to whatever materials and resources they need to get an education equal to their peers.
When it comes to discipline, New Mexico's education policy is clear: students with disabilities must be given special consideration any time they are accused of misconduct. Schools are required to conduct “manifest determinations” before assigning any sanction. Such determinations uncover whether the alleged misconduct is truly the student's fault or if it could have been caused by their disability or a misapplied IEP (Individual Education Program).
You can count on the attorneys at the Lento Law Firm to hold districts and schools accountable for their responsibilities to disabled students and to ensure your child is always treated fairly.
Where We Can Help
As you can see, the Lento Law Firm handles a broad range of issues related to elementary and middle school education. In addition, the firm works with students in schools and districts across the state of New Mexico, including:
- Albuquerque Public Schools
- Las Cruces Public Schools
- Rio Rancho Public Schools
- Gadsden Public Schools
- Gallup-McKinley County Schools
- Santa Fe Public Schools
- Farmington Municipal Schools
- Roswell Independent Schools
- Hobbs Municipal Schools
- Carlsbad Municipal Schools
- Los Lunas Public Schools
- Clovis Municipal Schools
- Alamagordo Public Schools
- Deming Public Schools
No matter where your child attends school, we can help defend them from unfair accusations and extreme disciplinary sanctions.
Premier New Mexico Education Attorneys
If your child is experiencing classroom mistreatment, being held responsible for something they didn't do, or being subjected to a punishment they don't deserve, you can't afford to wait. Contact the Lento Law Firm today at 888.535.3686 or go online to find out more about what the firm's Education Law Team can do for you.
