Asked in Civil Rights, Constitutional Law and Education Law for Kentucky

Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the school's interest in maintaining a productive and respectful educational environment. If your son's comment was made as an observation without intent to disrupt, and it was taken as a basis for suspension, it raises questions about the proportionality of the school's response.

Schools are tasked with creating a safe and conducive learning environment, which includes handling situations sensitively to protect all students and staff. However, disciplinary actions should be reasonable and not infringe upon a student's rights unnecessarily. The context of your son's statement, its impact on the school environment, and the school's existing policies on student conduct and discipline are all relevant factors in evaluating the appropriateness of the suspension.

If you believe that your son's suspension was an overreaction that infringed on his right to free expression, you might consider discussing the matter further with the school administration to understand their perspective fully. Seeking advice from organizations or legal professionals with expertise in education law and students' rights can also provide clarity on your son's situation and potential steps you can take. It's important to approach this situation with a goal of understanding and resolving any underlying issues while advocating for fair treatment and respect for your son's rights.

Timothy Denison agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.