Student Rights
K-12 School Districts
Student Discrimination & Harassment
Schools have an obligation under state and federal law to ensure that students have access to equal educational opportunities and to provide a learning environment that is free from discrimination and harassment. This includes developing and implementing policies and procedures that protect student rights, as well as responding to and investigating complaints of alleged discrimination and harassment.
We serve school districts in an advisory capacity, helping institutions align their policies and procedures with applicable state and federal anti-discrimination laws. Our attorneys also represent districts facing legal challenges, including complaints with the U.S. Department of Education’s Office for Civil Rights and the Illinois Department of Human Rights, and complex litigation matters.
Student Discipline
School districts are faced with the increasingly difficult challenge of maintaining a safe and secure learning environment in their schools. Unfortunately, maintaining a safe learning environment may require the school to proceed with disciplinary action where a student has violated the student code of conduct.
At Robbins Schwartz, our attorneys have extensive knowledge of Senate Bill 100, the state law governing student discipline. Our attorneys work closely with administrators and school staff to develop and implement legally sound disciplinary policies and procedures. Our attorneys provide day-to-day guidance on student discipline matters and represent schools in student discipline hearings, including suspension review hearings and expulsion hearings.
Transgender, Nonbinary, and Gender Non-Conforming Student Rights
Under both state and federal law, students who identify as transgender, nonbinary, and gender non-conforming must be educated in an environment free from discrimination, harassment, and bullying. School districts must ensure that their policies, procedures, and practices support students who identify as transgender, nonbinary, and gender non-conforming, in accordance with their legal obligations. These obligations extend to the instructional setting, as well as the extra-curricular setting and athletics.
Our attorneys have extensive experience working with school districts to ensure compliance with schools’ legal obligations. We advise schools on the development and implementation of policies and procedures and also represent school districts that face legal challenges, including complaints filed with the US Department of Education’s Office for Civil Rights and the Illinois Department of Human Rights, pertaining to the education of transgender, non-binary, and gender non-conforming students, as well as formal litigation matters.
Student Bullying
With the growing presence of social media in schools, educational institutions are faced with increasing challenges in managing student bullying, particularly cyberbullying in schools. State law places specific mandates on educational institutions with respect to addressing allegations of bullying, harassment, and intimidation.
Our attorneys have extensive knowledge of evolving state anti-bullying laws. We work closely with school administrators and school staff to develop practical and legally sound policies and procedures for ensuring compliance with state law. We also provide technical assistance to schools in addressing allegations of bullying, to support our clients’ compliance with their legal obligations.
Student Confidentiality
Educational institutions have a legal obligation to protect student privacy and confidentiality, which includes complying with state and federal laws governing student records. Our attorneys have extensive knowledge of the Illinois School Student Records Act and the Family Educational Rights and Privacy Act, and the implications of these laws on educational institutions. We provide guidance and technical support to clients on a variety of student records issues, including maintenance and destruction of student records, responding to subpoenas and attorney requests for records, and sharing of student information with outside agencies and organizations such as law enforcement and the Illinois Department of Child and Family Services.
Our attorneys have extensive knowledge of the Illinois School Student Records Act and the Family Educational Rights and Privacy Act.
Higher Education Institutions
We regularly represent our community college clients in defending claims filed by students with the United States Department of Education’s Office for Civil Rights (OCR) and the Illinois Department of Human Rights (IDHR). These claims include challenges to college decisions on classroom disability accommodation requests and college grade decisions. Our firm’s services in this area include policy drafting, training, counseling on equal educational opportunities, and support with policy implementation and investigation of grievances.
Our attorneys do extensive work with community college clients to ensure compliance with applicable civil rights laws for students in all aspects of education, including recruitment, admissions, counseling, financial assistance, athletics, and extracurricular activities, and facilities access. Additionally, we work closely with community college leadership teams to appropriately address disciplinary exclusions and emergency removals of students based upon the determinations of college threat assessment teams.
