KNOW YOUR RIGHTS: School Discipline

WHERE CAN I FIND MY SCHOOL'S DISCIPLINE POLICY?

Discipline policies are usually spelled out in the student handbook, which the school should provide to each student at the beginning of the school year. Many student handbooks are also available online. Every school district must also have a written discipline code, so if you can’t find it, ask for a copy.

WHAT ARE THE REASONS MY SCHOOL CAN DISCIPLINE ME?

The purpose of school rules is to create a safe and effective learning environment for all students. Under Rhode Island law, you can be disciplined for a number of things. Infractions can be related to disrupting the learning environment or violating the law itself (such as assault, theft, or the possession of alcohol, illegal drugs, or weapons).

ARE THERE ANY RESTRICTIONS ON HOW THE SCHOOL CAN DISCIPLINE ME?

Schools are generally limited to disciplining you for activities that take place at school or that directly affect school activities. In recent years, more and more court cases have begun to address the question of the extent to which schools can punish students for off-campus conduct that may have an effect on the school environment. There are also limits on the types of discipline that can be imposed. For example, corporal punishment (the use of physical disciplinary action such as spanking, hitting or paddling) are illegal in Rhode Island. In addition, as explained later, expulsion from school is not allowed, and the use of “zero tolerance” penalties is also prohibited.

ARE THERE DIFFERENT RULES FOR DISCIPLINING STUDENTS WITH DISABILITIES?

Everyone is required to follow the same rules at school, but sometimes students with disabilities have additional rights relating to school discipline. School officials are required to follow through with a “manifestation determination” if a child with a disability is facing more than ten days of school suspension within an academic year. This means that it must be determined if the student’s behavior was in any way linked to their disability or if the behavior was a result of the school’s failure to implement the student’s Individual Education Plan (IEP). The results of this determination may have an impact on the punishment that can be imposed on the student.

CAN I BE PUNISHED FOR EXERCISING MY RIGHT TO FREE SPEECH?

Students retain their right to free speech in the public school setting, but that doesn’t mean you can say whatever you want anytime you want. For example, you can be disciplined for violating a bullying policy that bars students from threatening or repeatedly harassing other students, even if it’s “just words.” On the other hand, a bullying policy that punishes you for causing another student “emotional harm,” a very vague and open-ended standard, probably violates your free speech rights.

You are generally free to express your political views on buttons and T-shirts. In that vein, a court upheld the right of students to wear breast cancer awareness bracelets that said “I <3 boobies”; on the other hand, the U.S. Supreme Court approved the discipline of a student who gave an off-color school auditorium speech. In short, many of these issues are evaluated on a case-by-case basis and may not have simple answers.

Schools are much more limited in trying to discipline you for comments you make outside the school setting, such as on Facebook or other social media, unless they can demonstrate that it caused disruption in school. If you think your free speech rights were violated at school because you were punished for something you said, then you should contact the ACLU or an attorney.

I AM NOT A CITIZEN OF THE UNITED STATES. DO I HAVE THE SAME RIGHTS AS OTHER STUDENTS IN MY SCHOOL?

Yes. Under the law, you have the right to be enrolled in your local public school regardless of your immigration status, and you have the same rights as other students at your school. For this reason, you can’t be suspended or otherwise punished solely based on your immigration status. In fact, your school cannot ask you for a green card, social security number, or other proof of citizenship in order for you to attend your local public school.

ARE THERE ANY STANDARDS FOR DECIDING WHAT MISCONDUCT CAN GET ME SUSPENDED?

Yes. Although it is often ignored, Rhode Island law prohibits schools from suspending students out of school unless the student is a threat to students, teachers, or administrators or has repeatedly impeded or interfered with the ability to learn and has not responded to other corrective measures.

IF MY SCHOOL WANTS TO SUSPEND ME, DO I GET A HEARING FIRST?

Generally, yes. In 1974, the U.S. Supreme Court ruled that students are guaranteed certain “due process” rights when facing suspension from school, even for short periods of time. If your suspension is for ten days or less, your school must, at the very minimum, inform you of the rule they are accusing you of breaking, provide an explanation of the evidence they have against you if you deny the charge, and offer you an opportunity to tell your side of the story. These minimal rights must be provided to you except in very limited emergency circumstances. The same Supreme Court decision also mandated that more detailed procedures be followed for longer-term suspensions.

In Rhode Island, you must be afforded a formal hearing before any removal from school that would last more than ten days. The school must give you reasonable notice of the time and place of the hearing in order to give you an opportunity to prepare. You are allowed to have an attorney or other advocate represent you at your hearing, but you must secure that individual yourself. At this hearing, you have the right to call and cross-examine witnesses and to present your side of the story. Your school is required to provide you with a written transcript of the proceedings and a written copy of their final decision. If you are not satisfied with the decision, further appeals are available.

Your student handbook should outline the procedure for appealing a suspension. Schools generally do not have to give you a hearing, formal or informal, for minor punishments such as an after-school detention.

IS MY SCHOOL ALLOWED TO TRANSFER ME TO AN ALTERNATIVE SCHOOL FOR DISCIPLINARY REASONS?

Yes. Rhode Island law allows for any student with serious disciplinary infractions (usually offenses involving violence or bringing weapons to school) to be placed in an alternative education program.

I WAS SUSPENDED. IS MY SCHOOL ALLOWED TO KEEP ME FROM ATTENDING MY GRADUATION OR PARTICIPATING IN EXTRA-CURRICULAR ACTIVITIES?

Within reason, your school has the right to use exclusion from extracurricular activities or events, such as athletic games, academic clubs, class trips, prom, or graduation as a disciplinary action. However, they cannot withhold your diploma nor can the punishment be excessive in relation to the offense.

CAN I BE SUSPENDED FOR HAVING TOO MANY UNEXCUSED ABSENCES?

Rhode Island law prohibits schools from suspending you solely for unexcused absences or lateness.  However, after too many absences, you may be designated as truant and referred to a local truancy court. The ACLU has a brochure outlining your rights if you are referred to truancy court, and you and your parents are encouraged to consult it before signing away any rights you have by agreeing to participate in the court.

WHAT HAPPENS TO MY RIGHT TO RECEIVE AN EDUCATION IF I AM SUSPENDED FOR A LONG PERIOD OF TIME?

You are still entitled to receive an education under those circumstances. School districts in Rhode Island are required to adopt a continuing education plan for any student who is removed from school for ten days or more.

CAN I BE PERMANENTLY EXPELLED FROM SCHOOL?

No. Under Rhode Island law, a school does not have the right to formally expel a student. While, as noted above, under some circumstances you can be removed from a particular school setting, the school district has a continuing responsibility to provide you an education in an alternative setting.

DOES THE SCHOOL HAVE TO TELL MY PARENT OR GUARDIAN THAT I AM BEING SUSPENDED?

If you are under the age of 18 and are being suspended, your school is required to notify your parents or guardians of your punishment and the reason for your punishment. In order to address families where English is not the primary language, this communication must be conducted in your parents’ or guardians’ primary language.

IS A SCHOOL RESOURCE OFFICER (SRO) THE SAME AS A POLICE OFFICER?

School resource officers, sometimes called SROs, are usually police officers who work full-time or part-time at school. However, their responsibilities and authority vary greatly among school districts and even among individual schools. In addition to playing a security role, SROs may give talks in classes, monitor the lunchroom and study hall, or carry out other tasks assigned by the principal.

Because they generally work directly for their police department, not the school system, and are able to exercise police powers, the ACLU believes that SROs should legally be treated as police officers, not as school officials, when it comes to determining their authority to conduct searches or interrogations of students. For the same reason, we believe SRO authority should be limited to addressing criminal activity, not disciplinary matters.

DO I HAVE TO ANSWER IF A SCHOOL OFFICIAL OR A POLICE OFFICER QUESTIONS ME ABOUT CRIMINAL ACTIVITY?

You should first remember that anything you say to school officials can then be given to the police and used in criminal proceedings against you. If a school official is questioning you about any matter that could also be a crime, you have the right to request that your parent or guardian be called. Even if the school official is annoyed by the delay, politely tell them that you would like a trusted adult’s advice before continuing your conversation. Unlike the police, school officials are not required to read you your “Miranda rights” if they question you about possible criminal activity. If you are in the eighth grade or lower, RI law requires that your school principal get oral consent from your parent or guardian before law enforcement officers can question you. If the school administration can’t reach your parent or guardian after an hour, the law says that you can choose a school official of your choosing to be there while they question you. But even if someone is there with you, you don’t have to answer any questions by the police.

If you are in the ninth grade or higher and under the age of 18, you directly have the right to request that a parent, guardian or other adult family member be present when you are being questioned by the police. If after an hour the school administration cannot reach an adult of your choosing or if the adult can’t be present, you have the right to have a school official of your choice be present at your questioning.

CAN I GET DISCIPLINARY ACTIONS CLEARED FROM MY PERMANENT RECORD?

Every student has a record that may include grades, teacher evaluations, medical records, disciplinary reports, attendance records, behavior reports, and standardized testing results. A federal law, called the Family Educational Rights and Privacy Act, or “FERPA,” grants you (if you are 18 or over) or your parents access to these records. Rhode Island has a similar statute.

You have the right to request changes to your records, or their removal, if they are inaccurate, misleading, or in violation of your privacy. This includes your right to request that any inappropriate disciplinary components of your record be expunged. You should put this request in writing and keep a copy of it for yourself. Even if the records are not changed at your request, the law requires that the school allow you to enclose a written statement commenting on any contested portions of your record.

WHO ELSE CAN ACCESS MY STUDENT RECORDS?

Generally, your educational records are private, and schools must get permission from your parent or guardian if they want to share your records with anyone outside of the school district. However, FERPA contains a number of exceptions to this requirement. For instance, the school doesn’t need to get your consent to share your records with other relevant school officials, to another school system or college where you plan to enroll, or to law enforcement under certain limited situations.

WHAT SHOULD I DO IF MY CHILD IS FACING SCHOOL DISCIPLINE AND I DON'T AGREE WITH IT?

There are several reasons you may not agree with your child’s school discipline. You may think your child is innocent, that your child was denied due process, that the punishment is unfair or inappropriate, that the school rule at issue is unconstitutional, or that your child was unfairly singled out for disciplinary action. You have the right to appeal disciplinary actions you disagree with, and your child’s student handbook should outline the procedure for doing so. If you decide to file an appeal, there are a few immediate steps you should take. First, you should gather all relevant information regarding your child’s situation, including both your child’s side of the story and the school’s version. You should also take careful notes of all meetings or conversations with school administrators, keep copies of letters or emails from and to the school, document a timeline of events, and secure a copy of the rule your child is accused of breaking, the evidence against them, and the procedures for filing your appeal.

IF MY CHILD IS SUSPENDED, WHAT CAN I DO TO KEEP THEM UP TO DATE WITH SCHOOL WORK?

If it is a short-term suspension, then you should be sure to communicate with the school’s administration and with your child’s teachers about getting make-up assignments and tests so that your child does not fall behind. If your child is given a long-term suspension, the school is responsible for arranging another way to continue your child’s education outside the classroom, which may include an alternative school or community-based program.

SHOULD I GET MY CHILD AN ATTORNEY?

Without knowing the particulars of any individual case, it is hard to determine whether an attorney should be consulted. A general rule, however, is that if there is any reason to believe the police are involved, or may become involved, with a school discipline issue, you should get in touch with an attorney as soon as you can. An attorney can help protect your child’s rights and will be the most knowledgeable about developing a legal strategy to address the situation. If you decide to get an attorney for a suspension hearing, this must be done at your own expense. Advocates, such as counselors, psychologists, retired educators, and parent support organizations, are another resource that may be able to speak with you about your child’s rights.

¿QUÉ DEBO HACER SI MI HIJO RECIBIÓ MEDIDAS DISCIPLINARIAS Y YO NO ESTOY DE ACUERDO?
Existen varios motivos por los cuales los padres pueden no estar de acuerdo con las medidas disciplinarias que reciba su hijo. Pueden pensar que su hijo es inocente, que no se respetaron sus derechos a un debido proceso, que el castigo es injusto o inadecuado, que la regla de la escuela en cuestión es inconstitucional o que su hijo fue señalado injustamente para recibir las medidas disciplinarias. Tienen derecho a apelar las medidas disciplinarias con las que no estén de acuerdo; el manual para estudiantes de su hijo debe describir el procedimiento para hacerlo. Si deciden presentar una apelación, existen algunos pasos inmediatos que deben seguir. Primero, deben recopilar toda la información relevante relacionada con la situación de su hijo, incluida la versión de los hechos de su hijo y la versión de la escuela. También deben tomar notas detalladas de todas las reuniones o conversaciones con los administradores de la escuela, conservar copias de las cartas o los correos electrónicos intercambiados con la escuela, documentar una línea de tiempo de los eventos y obtener una copia de la regla que se acusa a su hijo de romper, las pruebas en su contra y los procedimientos para presentar la apelación.

SI MI HIJO RECIBE UNA SUSPENSIÓN, ¿QUÉ PUEDO HACER PARA QUE ESTÉ AL DÍA CON LAS TAREAS DE LA ESCUELA?
Si es una suspensión a corto plazo, deben asegurarse de comunicarse con la administración de la escuela y con los maestros de su hijo para obtener las tareas y evaluaciones que debe recoopered su hijo a fin de no retrasarse. Si su hijo recibe una suspensión a largo plazo, la escuela tiene la responsabilidad de hacer arreglos para que su hijo continúe recibiendo educación fuera del salón de clases; esto puede incluir una escuela alternativa o un programa basado en la comunidad.
¿DEBO CONTRATAR UN ABOGADO PARA MI HIJO?
Es difícil establecer si se debe consultar a un abogado sin conocer los detalles de cada caso en particular. No obstante, como regla general, si hay motivos para creer que está involucrada la policía o que se puede llegar a involucrar en una cuestión de disciplina escolar, deberían comunicarse con un abogado tan pronto como sea posible. Un abogado puede ayudar a proteger los derechos de su hijo y será la persona con más conocimiento para elaborar una estrategia legal para la situación. Si deciden contratar a un abogado para una audiencia por una suspensión, deben hacerlo por cuenta propia. Los defensores, como consejeros, psicólogos, educadores jubilados y organizaciones que brindan apoyo a los padres, son otro recurso con el que pueden conversar acerca de los derechos de su hijo.