Student Discipline

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Students have rights when it comes to what they can be disciplined for and how they are disciplined.  

What protections do I have when it comes to my school’s disciplinary policies? 

Schools can develop disciplinary policies, including dress codes, but these must comply with laws protecting students’ civil rights and liberties. Under Title VI of the Civil Rights Act of 1964 (Title VI), a school cannot discriminate by unevenly enforcing a disciplinary policy (including dress codes) against only a group of students of a particular race, color, or national origin. 

*Note, Title VI is a federal law that applies to both public and private schools if those schools receive some form of federal funding. 

What protections do I have when it comes to my school’s dress code policies? 

Under Title VI, a school cannot discriminate based on how a person looks, dresses, or speaks, if it is linked to their ethnicity or ancestry. And under the First Amendment, if a school does allow, for example, t-shirts with slogans, buttons, or wristbands, it must allow all clothing or accessories regardless of the views expressed.ⁱⁱⁱ Your school can only limit messages that are obscene or disruptive to learning.

ⁱⁱⁱ See Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969); https://www.aclu.org/other/tinker-v-des-moines-landmark-supreme-court-ru...

What protections do I have BEFORE my school disciplines me? 

Before excluding students from the classroom for any disciplinary infraction (including dress code violations), schools must provide students with due process. This includes:  

• Communicating rules to parents and students in advance so that you understand what conduct is/is not allowed (i.e., your school’s policies cannot be vague).  
• Having fair and reasonable procedures BEFORE imposing disciplinary actions that exclude you from the classroom, including: 
  • 1) Notice of what the student is accused of and basis of the accusation;
  • 2) Fair opportunity to respond; and,
  • 3) Decision based on the available evidence. 

And students receiving educational assistance under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 have additional protections during disciplinary actions.  

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If you face discrimination through your school’s disciplinary actions (including dress code policies) make sure you: 

1. Document everything;

2. Connect with your community; and,

3. Consider filing a complaint. 

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For every disciplinary action against you, write down everything that happened and save this information. If your school tells you anything orally, document it in writing. You can also write an email to your school confirming what they told you in person or on the phone. And make sure you print out any emails.

Gather all information available to you as you think through the following questions: 

• What happened? How were you harmed? What did you do next? If you received a disciplinary action, what policy is your school alleging you violated? 
• Who caused the harm? Who else was involved or saw what happened? What are their names, positions, and contact information? Was a police officer involved? Who else has received similar disciplinary actions? 
• Where did it happen? Was this at school or off campus? Were you doing school sponsored activities at the time? 
• When did it happen? Is this the first time or has this happened before? Is the harm ongoing? *Dates are very important. 
• How did your school respond when they learned about this? Are they aware of the situation? Did they treat you differently after you approached them? Who else knows about this? 

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Make sure you tell your family about what you are facing in school. Connecting with other families and students in your school who have similar experiences is also a great way to advocate for change in your school. You can also reach out to community-based organizations that support Latine communities or students in your area. These organizations can help you and your family navigate this issue and connect with other students in your community.

 

If your school is discriminating against you in the way they discipline you, the ACLU of Idaho also wants to hear about your experiences.

Share your education story with the ACLU of Idaho.

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You can file a complaint with your school/district or directly with the U.S. Department of Education’s Office of Civil Rights (OCR). You do not need to file a complaint with your school/district before filing a complaint with OCR.

Read our complaint process 1-pager here.

You can also find more information on the complaint process below.

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Every school district has its own rules for how families and students can file a complaint. To begin this process: 

Review your district’s “grievance” procedures.

Schools generally ask that families first try to resolve their issue informally with a teacher, counselor, or school administrator, before submitting a formal written complaint. Your school district should be providing you with a copy of its policies (including grievance procedures) at the beginning of each school year. You can also search for them online on your school district’s website (look for a document titled District Policy or Board Policy and find the “Grievance” section for students) or ask your school to share a copy of the procedures and explain the process to you. 

Prepare your formal complaint.

Talk with your family about writing your formal complaint. If your school/district does not have a complaint form, consider writing to them with the following information: 

• Explain your rights.  
• Describe what happened to you, when, where, who was involved/any witnesses, and which school or district staff know about the incident(s). Be as specific as possible and include any documents or evidence that supports your complaint. (Think back to Step “(1) Document Everything”). 
• Include the significance of your actions (e.g., how important it is to you to wear clothing tied to your cultural heritage or religion) and how the school policies impact you. 
• Provide specific ways you would like your school to resolve the issue. 

Submit the complaint.

Keep a copy of the form for your own records. Make sure you confirm with your school/district the date you expect a response or resolution based on your district’s grievance procedures.  

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Review OCR’s complaint process.

The US Department of Education’s Office of Civil Rights (OCR) is a federal agency that enforces anti-discrimination civil rights laws, including Title VI. Thus, OCR can investigate school complaints of discrimination based on race, color, or national origin (as well as other protected statuses like sex, disability, and age). You can learn more about OCR and their complaint process here. here. Remember: 

• Title VI protects students at all schools and districts (both public and private) if that school/district receives federal funds.  
• Title VI protections apply to all students at these schools regardless of students’ immigration or citizenship status.  
• Anyone who believes there has been an act of discrimination may file a complaint with OCR, including someone filing on behalf of the victim(s). 
• You do not need to file a complaint with your school/district before filing a complaint with OCR. 
• You generally have 180 days of the date of the alleged discrimination to file a complaint. If you chose to file a complaint with your school/district first, you must file your OCR complaint within 60 days after your school/district has notified you that they will take no further action (or that it has been “resolved”). If your complaint is not timely, you can reach out to OCR to request a waiver. 

Prepare your complaint.

Think back to Step “(1) Document Everything” as you prepare your complaint.  

• Your name, address, and (optionally) the phone number where you can be reached during business hours.  
• Information about the person or group of people who were discriminated against. For example, was it race discrimination or disability discrimination? Or both? If it was race discrimination, who was the group of people being discriminated against? You do not need to include the specific names of people who were discriminated against, although that information is helpful to OCR and might help them investigate the incident(s) faster.  
• The name and address of the school or school district. What happened? Describe the incident(s) of discrimination in detail, so that the OCR investigators can understand what happened, when, and why it was discrimination on the basis of race, color, national origin, sex, disability, or age. The more information that you give in the report, the stronger the complaint is. 

Submit the complaint.

And make a copy of the information you submit for yourself. You do not need to use OCR’s complaint form, but it helps to include the information the agency asks about in the form. OCR can receive complaints online, via email, or you can mail/fax a copy to their office. Idaho’s regional OCR office is in Seattle, and their complete information is also found below.   

U.S. Department of Education Office of Civil Rights:

• Complaint assessment: Ocrcas.ed.gov
• Online complaint form: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
• PDF version to print: https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf
• Telephone: 800-421-3481

Idaho’s Regional OCR Office:

• Seattle Office Office for Civil Rights, U.S. Department of Education, 915 Second Avenue Room 3310 Seattle, WA 98174-1099
• Telephone: 206-607-1600 FAX: 206-607-1601; TDD: 800-877-8339
• Email: [email protected]