Education Law

In the United States, all children have the right to a free, appropriate public education. This means that all children should have access to K-12 public schools and an education that’s provided at no cost to their families. While college students do have fewer legal rights than their K-12 counterparts, that doesn’t mean they’re without protection in educational settings.

As a famous Supreme Court course stated, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

For students with disabilities, they have a right to special education and other accommodations. All students have a right to attend school without discrimination.

Whether a college student is at a community college or in a PhD program, they should be able to enjoy their education free of harassment and discrimination. College and graduate students also face significant consequences when facing allegations of misconduct.

States have considerable latitude in setting education laws and policies. This means that where a student attends school can affect the extent of their rights and the level of protection they receive.

The Lento Law Group assists families and students nationwide with issues related to education. We know the value of an education for an individual’s future and career, and we help our clients defend their reputations and opportunities. If you’re facing education issues, contact us at 1-833-LENTO-LAW.

Title VI

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin from any program that receives federal funding. Federal funding includes schools that receive aid for students in the form of loans and grants. An institution doesn’t have to be public to fall under Title VI. If they receive federal funds, they must comply with Title VI.

Title VI applies to:

●     “The educational agencies (often known as a state’s Department of Education) and vocational rehabilitation agencies for all 50 states, Washington, D.C., and all U.S. territories and possessions

●     All public school districts

●     Charter schools

●     Schools that receive funds from the U.S. Department of Education

●     Over 4,700 colleges and universities

●     Institutions, such as libraries and museums, that receive Department of Education funding.”

A 2014 letter from the U.S. Department of Education’s Office for Civil Rights clarified that charter schools fall under the same rules as public schools. The letter acknowledges that admissions for charter schools differ from public schools. While public schools generally admit all students within a certain geographic area, charter schools are often more selective in their admissions. Charter schools must check that their admissions policies do not risk discriminating against students due to their race, color, or national origin.

Title VI doesn’t just apply to the classroom or education activities. It applies to all aspects of an institution’s operations. The U.S. Department of Education provides the following non-exclusive list of activities that fall under Title VI:

●     Admissions and recruitment

●     Financial aid

●     Counseling and guidance

●     Athletics and physical activities

●     Student treatment and access to services

●     Housing and employment

Again, this list isn’t exhaustive. Other activities or services that aren’t named may still fall under Title VI’s nondiscrimination requirements.

Title VI also prohibits punishing any individual who refuses to follow or implement any policy or practice that would violate Title VI.

One of the challenges with Title VI is that, given the number of schools it covers, the federal government doesn’t closely monitor compliance or inspect every institution annually. This means that schools are expected to voluntarily comply with the law. This potentially creates situations where a school may be violating Title VI repeatedly or for an extended period of time without facing any pushback.

Title IX

Closely related to Title VI is Title IX, which prohibits gender-based discrimination. Title IX of the Education Amendments of 1972 prohibits gender-based discrimination both in the classroom and during school activities. The law applies to any school that receives federal funding. It is perhaps best known for opening the door for girls and women to participate in sports.

Title IX applies to gender, sexual orientation, and gender identity. Students who are either pregnant or parents also fall under Title IX’s protection. Title IX also protects those who report violations from retaliation or harassment.

Academic Misconduct

Most, if not all, schools have prohibitions against conduct that undermines academic integrity. In general, academic misconduct is an issue defined by each school and not by federal or state law. Some exceptions, such as college- or graduate-level work funded by federal or state grants, may be an exception to this generality.

While discouraging cheating can and should be encouraged, these policies may be inconsistently applied or be used to target students. An allegation of misconduct, especially once a student is in college or graduate school, can potentially derail an academic career or affect professional opportunities, to say nothing of their reputation.

Academic misconduct includes:

●     Plagiarism, including self-plagiarism

●     Bribery

●     Cheating

●     Dishonesty

●     Disrupting a classroom or other school activity

●     Falsifying records or other data

●     Failing to provide credit

●     Sabotage

●     Unauthorized collaboration or assistance

Each school determines its policies for defining academic misconduct. Teachers may put additional requirements on their classes, and some schools include failing to follow a syllabus or teacher’s requirements as a violation of the school’s code of conduct.

For example, if you’re expected to complete a paper without assistance but have your roommate edit the paper for you to catch any grammatical errors, you’ve committed academic misconduct. If and when you’re unsure if an action would result in academic misconduct, you should ask a course instructor for guidance, preferably via email or other written communication.

Schools may arbitrarily enforce policies. Students may face accusations based on incomplete or inaccurate information. When allegations are based on one person’s word against another, disproving claims – especially when the individual accusing a student is a faculty or staff member – can be especially difficult.

With the rise of AI, schools now often implement programs to detect and flag potential plagiarism. While these programs can be useful, they’re not foolproof. A student may face allegations of misconduct as the result of a technical or programming glitch.

In some cases, allegations of plagiarism or cheating can be innocent or unintentional. A student may unknowingly write down a quote they heard once, not realizing it wasn’t their own thought. They may fail to cite information. Such mistakes shouldn’t undermine a student’s entire academic career.

Disciplinary actions as a result of academic misconduct can range from a notation on a student’s file to dismissal from school. A student can work hard for years, only to find their work undone by one claim of misconduct.

Progression

Students must make satisfactory academic progress to advance to the next year of school or their program. While each school sets its requirements for progression, many are similar.

Schools should make progression requirements clear to students, such as a college requiring one hundred course credits to qualify for graduation. Students who receive financial aid, for example, must meet certain progression requirements to continue qualifying for aid.

Known as Satisfactory Academic Progress (SAP) for the purposes of federal student aid, SAP has three general components:

●     Maintain a certain grade point average (GPA)

●     Complete a certain percent of attempted credits (some schools may count courses that a student withdraws from)

●     Complete a degree within a certain timeframe

Schools should provide information on how they will address inadequate progress, including what steps they will take to assist a student before declaring them ineligible. Schools should also have certain exclusions for students dealing with medical or family issues or emergencies.

Schools should also clearly state what credits will transfer into a school or program for students who arrive at a school with credits from another institution. Each academic department may also set its requirements for academic progress and what credits are transferable. For example, a school may count transferred credits toward the overall total needed for graduation but not for satisfying a specific program’s requirements.

Academic progression requirements should be:

●     Consistently enforced

●     Clearly communicated and readily available for students to access and review

●     Provide mechanisms for students to contest and appeal decisions.

That two different academic departments treat transferred-in credits differently is less an issue than the same department arbitrarily determining which transferred-in credits apply toward a program’s requirements. 

FERPA

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of students’ educational records. Any school that receives federal funds falls under FERPA.

When students are under 18 years of age, their parents have a right to access their records. Once a student turns 18 or graduates from high school, they have sole access to their records as “eligible students.” For example, if a 17-year-old student attends college, their parents no longer have a right to their educational records.

FERPA gives parents and eligible students the right to:

●     Access a student’s records

●     Request changes to inaccurate information on a student’s records

●     Give written permission for a school to release a student’s records to certain organizations and individuals, such as another school

Law enforcement records, even those created at a school, are not part of a student’s record. This means they don’t fall under FERPA. Parents and eligible students don’t have a right to review these records or provide written consent before these records are shared.

Schools may disclose limited information, known as “directory information,” about students without obtaining written permission. Directory information includes a student’s name, dates of attendance, and telephone number.

The caveat is that schools must inform parents and eligible students about the directory information and give them a reasonable amount of time to respond, including requesting that a school not share that information. When a parent or eligible student requests that information not be shared, that request extends beyond the student’s attendance at that school unless and until a parent or student approves sharing that information.

The rise of online classes has made directory information more complicated. A school may disclose a student’s name and email address as part of an online class, and a student has no right to be anonymous in this situation.

If a school has violated a student’s rights under FERPA, families, and students, have a variety of avenues to address the privacy violation. The Lento Law Group can assist you in determining the best way to address the violation for your specific situation.

Students with Disabilities

The Americans with Disabilities Act (ADA) bans discrimination based on an individual’s disability. It extends to all Americans and any organization or building open to the public. This includes most, if not all, schools in the United States. Students must disclose their disabilities for a school to be liable for failing to accommodate them.

Depending on a student’s age and school, other federal and state laws may apply. The primary divide is between K-12 schools and colleges and universities.

K-12 students have more protection as they are generally expected to be less independent, less able to advocate for themselves, and in more need of guidance. Whether a student attends a private or public K-12 school can also affect the services their school provides.

College and university students, in comparison, have fewer protections. They’re expected to advocate for themselves, including requesting services.

Federal and state laws protect students both in and outside the classroom. For example, a school must provide a college student with disabilities with accessible on-campus housing. College students should be aware, however, that on-campus jobs fall under employment laws and not education laws.

The key federal law for K-12 students with disabilities is the Individuals with Disabilities Education Act (IDEA). This law requires all K-12 public schools to identify, locate, and assess any child who lives within their boundaries. This includes children who aren’t old enough to attend school. Children and students don’t have to be enrolled in a public school to receive special education support.

Students are eligible under IDEA when they have a qualifying disability and that disability affects their education. They then receive an Individualized Education Programs (IEPs). IEPS are written documents that list what services and support a school will provide them.

For K-12 students who don’t qualify under IDEA and for college and university students, they may qualify for a 504 Plan for Section 504 of the Rehabilitation Act of 1973. Section 504 and the ADA both use the same broader definition of disability. Section 504 applies to all school activities.

Discipline Issues and Students with Disabilities

Students with disabilities and behavioral issues are more likely to face discipline in school. Schools often fail to understand how a student’s disability can affect their behavior. Students who aren’t receiving the special education services they require may act out. They may struggle with social norms.

In these situations, students with disabilities don’t need discipline but guidance and positive intervention. Some disciplinary actions, such as seclusion or restraint, may create other problems for a student.

A disability is not blanket immunity against discipline. One question may be if students with disabilities are treated the same as their general education peers. Just as any student may have extenuating circumstances that provide context to their behavior, a student’s disability may put their behavior or actions into context.

Restraint and Seclusion

One evolving area of law is the use of restraint and seclusion in K-12 schools. Some states have banned the practice. Others allow it in limited circumstances, such as a student being an imminent threat or danger to themselves or others. Some states are silent on the subject.

Restraint is any practice that limits a student’s movements. Physical restraint may range from the whole body to holding a child’s arm or leg. It may use physical devices such as straps.

Seclusion involves isolating a student and not allowing them to leave. Some schools have dedicated seclusion rooms. Others may have something akin to a timeout corner.

Restraint and seclusion are intended to protect the student and other members of the school community. Many states and schools that limit the practice include exceptions for situations when a student is a danger to themselves or others.

The U.S. Department of Education requires that schools report every time a student is restrained or secluded. Numerous reports, however, have found that school districts underreported these numbers. Students with disabilities have been found to be more likely to be subjected to restraint and seclusion.

Extracurricular Activities

A student is protected beyond the classroom. Both Title VI and Section 504 cover all school activities, including events and extracurricular activities.

One caveat to the requirement of equal treatment is if the fundamental nature of a program cannot be affected. Students with disabilities have a right to accommodations and modifications as long as they do not affect the fundamental nature of a program.

For example, a hiking club with a mission of giving students the opportunity to explore mountain trails will likely not have to make all of their hikes accessible to students with mobility issues. In comparison, a knitting club could easily move to a more accessible location without impacting the club’s focus.

Gifted Students

Students who qualify as intellectually gifted have no protection at the federal level. States may extend some protection or offer some programs to gifted students, but in general, gifted students have few avenues to address inadequate service and support to enable them to reach their full potential.

Families of gifted students face an uphill battle when advocating for their students. Nationwide, schools are cutting gifted programs in the name of equality, and even states that have gifted programs may not be fully funding them. Without a legal requirement, families and students are limited in how they can address the problem of an education that doesn’t allow them to use or build on their capabilities.

Families and students may have some success if a school has arbitrary processes for selecting students for gifted programs. The criteria for admission to a program may not adequately assess students or disadvantage certain students or groups. In this case, a family or student may be able to file a complaint under Title VI or Title IX.

For students with disabilities, they may be able to have gifted services and support included as part of their IEP or 504 Plan. These students, however, must also contend with stereotypes that suggest a student cannot be both gifted and have a disability.

Intellectually gifted students have enormous potential, and regular classes and curriculum are often not sufficient. They also have little legal protection as a gifted student but may have other avenues to challenge a school.

Code of Conduct Issues

Each school has its own code of conduct. These codes outline expectations for student behavior, both in academic settings and students’ actions and activities in general. While codes may have some federal or state laws, many codes are specific to the school. The most serious violations of a code can result in expulsion.

Students should be aware of each school’s code of conduct and that, especially in K-12 schools, schools can regulate behavior beyond academic necessity. One example is dress codes. In some cases, failing to abide by a school’s dress code could result in suspension.

Schools may also police behavior that occurs off campus and outside of school hours. A student facing criminal charges may also have to contend with violating their school’s code of conduct.

Beyond academic requirements, common restrictions in codes include:

●     Use and possession of drugs and alcohol

●     Bullying

●     Harassment and assault

●     Firearm possession

Several states have laws that ban possession of a gun or other weapon while on school grounds. These bans can include those who have permits, including concealed carry permits, and extend to colleges and universities. In this situation, a student faces not only school disciplinary action but potential criminal charges.

If and when a student faces allegations of misconduct, they should be provided with an opportunity to respond to the allegations. A school’s code of conduct should include the disciplinary procedure, including information on notification, the timeline, what a student should expect at each step of the process, and how a student should respond. Students should be allowed to assemble witnesses and evidence to disprove the allegations against them or show mitigating factors.

When a school fails to provide a student with this information, violates a student’s due process rights, or allows others to ignore a student’s rights to address allegations against them, a student has grounds to challenge the school and seek a resolution. Allegations of misconduct can have serious repercussions on both a student’s education and their future.

Bullying and Student Expression

No federal law directly addresses bullying. State laws on bullying vary widely. Most schools ban bullying and related behaviors. Policies on bullying may be either over- or under-enforced. This means some students may be bullied without schools addressing the issue, or students may be wrongly accused of bullying.

The rise of cyberbullying has made bullying policies more difficult to enforce and more expansive. An individual no longer has to be on school grounds or participating in school activities to run afoul of a school’s bullying laws. A student in their home posting on social media about another student may still run afoul of a school’s code of conduct.

As technology and social media constantly change and evolve, it can be difficult for both the law and school policies to keep up to date. Some states have adopted laws on cyberbullying, including those that address revenge porn.

By the same token, overly broad laws can be equally damaging. They may interfere with a student’s right to freedom of speech and expression. They may push against other First Amendment issues, including freedom of the press. A student who posts a political statement on social media or criticizes a school administrator may face accusations of bullying or harassment. Legitimate criticism isn’t bullying. Political statements alone aren’t harassment.

In attempting to foster a safe environment for all students, schools may go too far in limiting speech and expression. They may use the same laws to limit criticism of school administrators or faculty. Or they may inconsistently enforce bullying policies against certain students or certain beliefs or opinions.

Sexual Assault and Harassment

All students should feel safe to attend school. Numerous studies indicate that rape and sexual assault are underreported on college campuses. When victims do step forward or report an incident, they may not be believed. A school may fail to investigate a complaint or suggest a student was misremembering an event.

On the flip side, a student may be falsely accused of rape or assault without being given proper due process. Public opinion can turn against a student and hurt their reputation. Schools may rush to condemn without properly weighing the evidence.

All students deserve the right to present evidence and tell their version of events. If and when a school fails to follow due process procedures for investigating allegations of an assault, students face damage to their reputation, potential misconduct allegations, and even disciplinary actions.

False Accusations

You’ve been falsely accused of misconduct. Whether a false allegation of plagiarism or bullying, such accusations can have serious implications on a student’s reputation and future.

When facing false accusations against either you or your student, your goal is to disprove the allegations. To do that, you need to gather evidence, witness statements, and any other documents or information that would disprove the allegations against you, show the events in context, or highlight the extenuating circumstances of the event.

Tempting as it might be to attack or damage the accuser’s reputation, you and your student should attempt to take the high road. As much as possible, you should rely on either the school’s discipline process or the legal system. A lawyer can help a student or family navigate this process and seek a resolution.

When you do make a mistake, especially an unintentional one, you should ask if you can correct the mistake without facing more serious consequences. There’s an enormous difference between forgetting to put quotation marks around a quote and deliberate plagiarism.

Students may also face false accusations out of jealousy or an attempt to undercut them and their success. Especially in graduate programs, the pressure on students to succeed and the high stakes of success may result in attempts to make false or exaggerated claims against others. In some cases, the goal may be to damage another student’s reputation.

Accused individuals should differentiate between good-faith accusations and those with more malicious intent. Good-faith accusations, even those that are incorrect, are generally not done to punish anyone but out of concern. These individuals want to see the rules followed.

Accusations made with malicious intent are often a form of bullying and/or harassment. They may violate a school’s code of conduct. Intentionally or not, these accusations use a school’s code of conduct as a weapon against others.

Mandatory reporters

Many states have mandatory reporter laws. These laws require individuals in certain professions to report child abuse and potentially other forms of abuse and neglect. Mandatory reporters frequently include teachers, social workers, and medical personnel. College students, especially those involved in internships, fellowships, volunteer work, and other work-related experiences in the education or medical fields, should check to see whether they fall under mandatory reporter laws.

Failure to report as a mandatory reporter can lead to licensing issues for some professions and potential misdemeanor or felony charges in some states. Schools may also include disciplinary action as part of their code of conduct.

For individuals who have been or are mandatory reporters but have returned to school, they should check to determine in what situations, if any, they’re still required to report suspected abuse or neglect. For example, some states require mandatory reporters to flag suspected abuse or neglect even when volunteering or participating in unpaid activities.

Protect Your Education

Just as education covers a wide array of a student’s life, so too can the issues that confront students be wide-ranging. They can also be difficult to untangle.

Academic issues can be closely tied to discrimination. A student’s lack of progression may be traced to an undiagnosed disability or a school’s failure to provide effective special education services and support. An innocent mistake can transform into an investigation of misconduct. False accusations can lead to academic issues.

Any issues that affect a student’s education can impact their ability to learn and fully benefit from their education. The Lento Law Group assists students and families nationwide with addressing these problems and finding resolutions that keep the focus on a student’s education and their future. Call us at 1-833-LENTO-LAW to tell us more about your situation and learn how we can help.