Did you know students still have civil rights in school? In fact, schools are legally required to uphold all federal civil rights laws. But what happens when a school violates those laws? Do parents have options?
The short answer is yes. However, steps must be taken to prove that a student’s civil rights were violated in order to get the justice they deserve.
Civil Rights in Schools
At Cueto Law, the most common complaint we’ve heard about civil rights violations is ignoring bullying or even making it worse.
This can create a hostile learning environment for students and be considered discrimination or a violation of a child’s civil rights in school.
While there might be no federal bullying law, schools accept federal money. That means they have to uphold all federal civil rights laws.
If the bullying is based on a child’s membership to a protected class, then doing nothing is considered discriminatory.
The protected classes include
- Disability
- Gender
- Gender Identity
- Sexual Orientation
- Religion
- Ethnicity
- Race
- National Origin
For more information on federal civil rights laws and bullying, click here!
What else is Discrimination?
Other actions are considered discrimination on a school’s behalf. This can include things like
- Grades and Effort not matching
- Singling Students Out
- Refusing reasonable accommodations
- Not honoring IEPs
- Failing to provide translation services
- Not offering inclusion training
- Forcing students with disabilities out of schools
- And more
For a more complete list, download our free signs of discrimination checklist.
Calling a Lawyer
As you look for a lawyer to call, there are some general practices to follow to gather evidence to support your case.
Save all written communication with the school, take notes during all meetings and phone calls, save invoices and receipts of expenses incurred because of discrimination, save all school work, and log instances of bullying your child tells you about.
However, if you would like more specific advice that is specialized to your case, call us at Cueto Law.
We offer free consultations, and no client pays us anything unless we win. Call us at 618-277-1554!
