When a student’s rights have been violated at school for whatever reason, it may be appropriate to pursue legal action against the wrongdoers. Suing a school district is always a last resort for parents, and the decision to do so shouldn’t be taken lightly. While many laws permit parents to recover attorney’s fees if they win, the interim emotional and financial stress may become significant. Ultimately though, courtrooms can be a parent’s best friend.

Ideally, student achievement should be pursued proactively, and on an ongoing basis. Student Advocacy is the cornerstone concept of this important process, and involved communication and collaboration with school officials, before any rights are violated or students are harmed. Student advocacy can take many forms, but typically involves ensuring student perofrmance is being maintained, while diagnosing any deficiency quickly to ensure outcomes remain positive.

Just because your son or daughter is in school, it doesn’t mean they give up their constitutional rights. In fact, school systems are considered government entities that are required to abide by the consitution at all times. This means that if a school system eganges in unlawful conduct, they can be subject to a lawsuit and damages. Additionally, parents often have the right to force the school district to pay their attorney’s fees if they win, and the student’s rights have been violated. Some common civil rights violations in the school setting include:

The primary objective for establishing a student code of conduct is to follow state and federal legal statutes and prohibit the violation of student Constitutional rights. Violence and bullying are two types of conduct prohibited by state/federal laws and student conduct codes.

Additionally, if a student is punished for any reason, there may be underlying mental or physical causes that warrant further investigation. It is likely that the student is suffering from an indiagnosed exceptionality, the treatment of which could prevent further issues. It is imperative that parents demand evaluations of their child in these situations.

Due process provides parents with the legal recourse to challenge school rulings that pertain to special education matters. Under IDEA, parents must file written complaints to get the legal ball rolling. Schools have up to 15 days after the filing of a written complaint to conduct a meeting referred to in IDEA as a “resolution session.” After the resolution hearing, parents have the legal right to request a due process hearing, which is modeled after civil courtroom proceedings.