School Law Keystone

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Student Discipline & Speech Limits

Module 3

Constitutional Discipline

Schools cannot deprive students of learning without basic due process. Suspensions of 10 days or fewer require simple notice, explanation of evidence, and an opportunity for student response.

Key Precedent: Goss v. Lopez, 419 U.S. 565 (1975)

Speech & Disruption Standards

Speech is protected unless it creates a substantial disruption or targets the school environment directly (including cyberbullying with an operational nexus).

Key Precedents: Tinker (1969); Mahanoy v. B.L. (2021)

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Supervision, FERPA & Ethics

Module 4

FERPA & Grading Privacy

Personally Identifiable Information (PII) is federally protected. You may use peer-grading in class (not a FERPA violation), but you cannot publicly post student grades.

Citation: Owasso v. Falvo (2002)

Educator's Duty of Care

The duty of care matches that of a "reasonably prudent educator." High-risk environments (labs, gyms) require explicit, documented warning and non-distracted monitoring.

Counselor Limits & Duty to Warn

Confidentiality in guidance is absolute, except when a student poses an imminent threat to self or others.

When suicidal ideation, abuse, or direct threats are communicated, the school must instantly bypass confidentiality protocols to notify administrative leaders and legal guardians.

Standard Reference: Tarasoff v. Regents (1976)

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Mandated Reporting Responsibilities

Module 5

The Legal Mandate: Child Protection

Educators do not act as private investigators. If you have "reasonable suspicion" of child abuse or neglect, you must report to CPS immediately.

Absolute Immunity Protection

Every state shield law provides absolute civil and criminal immunity for mandated reporters who file good-faith reports. Failure to report is a misdemeanor and constitutes professional misconduct.

Immediate Reporting Protocol

Five-Step Safe Process

1. 1. Identify signs (physical or behavioral indicators)
2. 2. Document facts objectively (no personal opinions)
3. 3. File immediate verbal or digital report with CPS
4. 4. Notify school administration (after reporting)
5. 5. Do not notify the family or investigate yourself

Authority: CAPTA & State Penal Codes

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Special Education rights

Module 6

IDEA Standards

FAPE & LRE

The Individuals with Disabilities Education Act (IDEA) guarantees students a Free Appropriate Public Education (FAPE) in their Least Restrictive Environment (LRE).

IEPs are legally binding federal contracts. Teachers must implement every accommodation listed without variation or personal adjustment.

Supreme Court Rule: Endrew F. v. Douglas County (2017)

Section 504 Accommodations

Protects any student with a physical or mental impairment that substantially limits one or more major life activities. 504 plans require general education modifications to remove barriers.

Manifestation Determination

Before suspending a student with an IEP for more than 10 cumulative days, the IEP team must determine if the conduct was a manifestation of the student's disability.

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Equal Access & Non-Discrimination

Summary

Title IX & Gender

Prohibits discrimination based on sex, gender identity, or sexual orientation. Protections extend to pregnant/parenting students.

Bostock v. Clayton County (2020)

ELL Accommodations

Schools must actively assist students with language barriers. Simply placing non-English speakers in standard classrooms without accommodations violates federal law.

Lau v. Nichols (1974)

Religious Freedom

Public schools must remain neutral regarding religion. While staff cannot lead prayers, students may express private religious views.

Kennedy v. Bremerton (2022)

Constitutional Guardrails Create Safe, Inclusive Learning Environments

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1. 1 Do NOT investigate. Call CPS immediately.
2. 2 Document facts objectively (avoid speculation).
3. 3 Notify school administration (post-report).

Absolute immunity protects good-faith reports. Failure to report is a misdemeanor.

IEP & 504 Accommodations

Federal Mandates: IEP/504 accommodations are NOT suggestions. Educators do not have legal discretion to waive or modify them.

Emergency Action Protocols

Imminent Harm (Tarasoff)

If a student exhibits self-harm ideation or direct violence threat, bypass confidentiality and contact counseling/security immediately.

Discipline (Goss Due Process)

No suspension is legal without providing notice of charges and an immediate, basic hearing opportunity to the student.

Title IX / Civil Rights

Report sex/gender harassment to the Title IX Coordinator instantly. Provide language support for ELL families.

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