Chicago

2 N. Riverside Plaza,
Ste.1830
Chicago, IL 60606
Phone: 312-897-2010

Crystal Lake

333 Commerce Dr.
Ste.900
Crystal Lake, IL 60014
Phone: 815-455-3000

Schaumburg

1990 Algonquin Rd.
Ste.240
Schaumburg, IL 60173
Phone: 847-637-5140

Chicago

2 N. Riverside Plaza, Ste. 1830
Chicago, IL 60606
Phone: 312.897.2010

Crystal Lake

333 Commerce Dr.
Ste. 900
Crystal Lake, IL 60014
Phone: 815.455.3000

Schaumburg

1990 Algonquin Rd.
Ste. 240
Schaumburg, IL 60173
Phone: 847.637.5140

Scottsdale

7047 East Greenway Parkway
Suite 250
Scottsdale, AZ 85254
Phone: 847-637-5140

Additional offices in Warrenville, Naperville, Saint Charles, and Lake Forest

Understanding Students’ Rights

By: Attorney Nicole Vernagallo


Protecting Students from Disciplinary Actions and Ensuring Fairness

As an attorney specializing in school law, I’ve worked with many students and parents who find themselves caught up in disciplinary actions that feel unjust or disproportionate. Whether facing a suspension, expulsion, or other consequences, it’s critical to understand the legal rights students have to ensure they’re treated fairly. In this post, I’ll walk through some of the key aspects of school law and how students can be protected from disciplinary measures that may violate their rights.

The Importance of Due Process

One of the most fundamental protections students have is their right to due process. Under the U.S. Constitution’s 14th Amendment, students are entitled to notice and a hearing before being punished for certain offenses—especially when facing suspension or expulsion. Schools are required to give students an opportunity to explain their side of the story before any consequences are imposed. This process ensures that decisions are made fairly, based on all the facts, and not arbitrarily.

Key Points:

  • Students must be informed of the charges against them.
  • They should have an opportunity to present their side before consequences are determined.
  • For suspensions longer than 10 days or expulsions, additional hearings may be required.

Discriminatory Discipline: What’s Illegal?

School discipline should be applied fairly and consistently to all students, regardless of their race, gender, religion, or disability. Discriminatory discipline is a violation of students’ civil rights. For instance, if a student with a disability is suspended for behavior linked to their disability, the school could be in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

Key Considerations:

  • Is the discipline being applied equally to all students?
  • Are accommodations being provided for students with disabilities?
  • Is the discipline appropriate to the student’s age and abilities?

Restorative Justice: A Modern Approach to Discipline

Many schools are now adopting restorative justice practices to replace traditional punitive measures. This approach focuses on repairing harm and rebuilding relationships, rather than simply punishing students. It gives students a chance to understand the impact of their actions, while offering support to help them improve. Restorative practices can be particularly helpful when addressing bullying or harassment, as they foster empathy and accountability among students.

Parents’ Role in School Discipline

As a parent or guardian, you have a vital role in ensuring your child’s rights are protected when facing disciplinary action. Staying informed and involved throughout the process is crucial. This may mean attending meetings, asking detailed questions about the school’s policies, and, if necessary, advocating for your child if you believe the discipline is unfair or inconsistent with school policy.

Questions for Parents:

  • Was the disciplinary process followed according to the school’s policy?
  • Are the disciplinary actions proportionate to the offense?
  • Is the school providing the support necessary for your child’s improvement?

Conclusion

School discipline is a critical part of maintaining a safe and productive environment, but it must be carried out in a way that is fair and just. If you or your child is facing disciplinary action and you’re unsure if the process is being handled properly, it’s important to seek legal guidance to ensure your rights are protected. As an experienced school law attorney, I can help you navigate this complex process and ensure that any disciplinary action taken is legally sound and fair.

If you have any questions or concerns about your child’s situation, don’t hesitate to reach out. You can contact me directly at 815-455-3000 for a free consultation to discuss your case, and I’ll help you understand your options moving forward.

Click here to learn more about Attorney Nicole Vernagallo.