Understanding Your Child’s Rights in School Disciplinary Actions
School disciplinary actions can be stressful for both children and their families. When a child faces suspension, expulsion, or other punishments, it's important for parents to know what protections exist under child rights law.
In Maryland, various statutes and regulations provide guidelines on how schools must handle discipline, including what due process children are entitled to. These rules require schools to notify parents promptly, allow students a chance to respond to allegations, and ensure disciplinary actions are not discriminatory.
By focusing on child rights law, you can better advocate for your child’s fair treatment at school. At Advocates for the Voiceless in Riverdale Park, Maryland, we aren’t just a law firm; we are the people we serve. We have the necessary resources and experience to assist you throughout the legal process in Maryland and across the nation.
What Are School Disciplinary Actions?
School disciplinary actions refer to the penalties or consequences imposed on students for violating school rules or policies. These can range from minor consequences, like detention, to more serious actions such as suspension or expulsion.
Some common types of disciplinary actions include:
Detention
In-school suspension
Out-of-school suspension
Expulsion
Referral to law enforcement
Each action carries different implications, especially when it involves removing a child from the school environment.
In Maryland, schools must follow specific procedures and protections mandated by child rights law when disciplining students, especially when the punishment affects the student’s right to attend school.
How Child Rights Law Applies to School Discipline
Child rights law protects students from unfair treatment and guarantees that disciplinary actions follow due process. These laws aim to balance school safety with protecting the individual rights of students.
Under the child rights law, students have the right to:
Receive notice of the charges or allegations against them
Have an opportunity to respond or defend themselves
Be free from discrimination based on race, disability, or other protected categories
Access appropriate educational services even during disciplinary action
Maryland schools must comply with both federal and state laws, including the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, which provide additional safeguards for students with disabilities.
Failing to follow these laws can lead to wrongful discipline and legal challenges.
When Does Due Process Apply?
Due process protections vary depending on the type and severity of the disciplinary action. Generally, more serious punishments require more formal procedures.
For example:
Short-term suspensions (usually fewer than 10 days): Schools must provide notice of the reason for suspension and a chance to explain, but formal hearings aren’t always required.
Long-term suspensions or expulsions: These require a formal hearing, written notice, and an opportunity for the student or parent to present evidence.
In Maryland, parents must be notified in writing of any disciplinary action that removes the child from school for more than 10 days. The notice should include the reasons for the discipline and information about the student’s rights to appeal.
This process follows the child rights law by protecting students against arbitrary or unjust exclusion from school.
Rights of Students With Disabilities
Students with disabilities have additional protections under the child rights law. The IDEA and Section 504 guarantee that disciplinary actions don’t deny them access to a free appropriate public education (FAPE).
Key protections include:
Manifestation determination review: If a student with disabilities faces suspension longer than 10 days, the school must determine whether the behavior was related to the student’s disability.
Alternative educational services: Even if suspended, students with disabilities must continue receiving educational services.
Behavior intervention plans: If applicable, the school should review and adjust behavior plans to address issues proactively.
Schools that fail to comply with these important rules may be violating child rights laws and could face serious legal consequences.
How Disciplinary Actions Affect Education
Disciplinary actions, especially suspensions and expulsions, can disrupt a child’s education. Time out of the classroom may lead to academic setbacks and emotional stress. Maryland law aims to minimize these negative effects by requiring schools to provide educational opportunities during suspensions and to consider expulsions carefully. However, not all schools meet these requirements, and families may need to advocate for their child’s continued education during disciplinary periods.
Common Reasons Students Face Disciplinary Actions
Students face disciplinary actions for a variety of reasons. Some of the most frequent causes include:
Disruptive behavior or insubordination
Fighting or physical aggression
Possession of prohibited items, like weapons or drugs
Truancy or excessive absenteeism
Bullying or harassment
Knowing the reason behind discipline can help parents understand how child rights law applies and what defenses or remedies might be available.
How to Respond When Your Child Faces Discipline
If your child is disciplined, taking immediate and organized action can protect their rights and future in school.
Here are steps to consider:
Request detailed information: Ask for written documentation of the charges and disciplinary decision.
Review the school’s discipline policy: Understand the rules and procedures the school must follow.
Attend hearings or meetings: Participate in any hearings or meetings about your child’s discipline.
Request copies of your child’s educational records: These may contain relevant information about past behavior or disability status.
Consider legal advice: Consulting an attorney knowledgeable in child rights law can help you protect your child’s interests.
Prompt action often makes a difference in challenging disciplinary decisions.
What to Do If You Suspect Rights Were Violated
If you believe your child’s rights under the child rights law were violated during disciplinary actions, you have several options.
You can:
File a complaint with the school district or state education agency
Request mediation or dispute resolution services
Appeal the disciplinary decision through the school or court system
File a due process complaint under IDEA if your child has a disability
It’s important to document everything, including communications with school officials, notices, and meeting outcomes. This documentation strengthens your case if you seek remedies.
The Importance of Advocacy and Communication
Advocating for your child involves clear communication with school officials and persistence. Keep a calm and factual tone when discussing disciplinary matters and ask for explanations if anything is unclear. You can also request accommodations or support to help prevent future disciplinary problems. For example, schools may develop behavior intervention plans or provide counseling services.
By working proactively, families can reduce the chances of repeated discipline and improve the overall school experience.
Rights Parents Should Know Under Child Rights Law
Parents have important rights under child rights laws that help ensure fair treatment and protect their children’s educational experience, especially during disciplinary processes.
Right to be notified of disciplinary charges promptly
Right to attend disciplinary hearings or meetings
Right to review and obtain copies of school records
Right to request an appeal or due process hearing
Right to protections under IDEA and Section 504 for students with disabilities
Right to educational services during suspensions or expulsions
Right to be free from discrimination during disciplinary actions
Understanding these rights empowers parents to advocate effectively for their children and ensures that schools uphold fair and legal standards in discipline and education.
Steps to Take if Your Child Is Disciplined
If your child faces disciplinary action at school, taking the right steps promptly can help protect their rights and ensure a fair process.
Stay calm and gather all related documents
Ask the school for a detailed explanation in writing
Review the school’s disciplinary policies and your child’s rights
Attend all meetings or hearings related to the discipline
Document every communication with the school
Consider consulting a lawyer familiar with child rights law
Follow up regularly to monitor your child’s educational progress
By staying organized and proactive throughout the discipline process, you can better support your child’s education and work toward a positive resolution.
How Maryland Schools Handle Appeals and Hearings
Maryland requires that schools provide an appeals process for students and parents who disagree with disciplinary decisions. This process varies by school district, but typically includes:
Filing a written appeal within a set timeframe
Attending a hearing before a neutral panel or board
Presenting evidence and witnesses supporting your case
Receiving a written decision within a specified period
Appeals can sometimes reverse or modify disciplinary actions, so participating fully is critical.
Protecting Your Child’s Future Beyond Discipline
School disciplinary records can follow a child and affect college admissions, scholarships, or job applications. Maryland has procedures to limit how these records are shared, but families should be aware of the potential long-term impact.
Working with the school to minimize negative consequences and exploring options to remove or amend records can benefit your child down the line.
Reach Out Today
If your child is facing disciplinary actions, knowing their rights under the child rights law is essential. At Advocates for the Voiceless, we can assist your child’s case, explain available options, and represent your interests in hearings or appeals. Reach out to us if you are in Riverdale Park or anywhere in Maryland or across the nation
