ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
©1998 by Steven Pradell
Once a student steps on school grounds or boards a school bus the rules change. Students have less rights at school than in other places. For example, a school's right to search student lockers and other personal areas may be broader than a police officer's right to go to a students home and perform a similar search.
School rules are contained in Student Handbooks. Parents and students should obtain and keep a copy of the appropriate Secondary Student Handbook and/or the Senior High Student Handbook produced by the Anchorage School District and updated annually. These are available at each school or by contacting the Anchorage School District Administration Building, P.O. Box 196614, 4600 DeBarr Road, Anchorage, Alaska 99519-6614 (907) 333-9561.
Each parent and student should be familiar with school rules as set forth in these Handbooks so that they understand what is expected of students, and can act accordingly so as to avoid punishment, which may include parent conferences, class withdrawal, suspension, expulsion, liability for damages, and, in extreme cases, arrest.
School rules are broad and cover many types of conduct, such as attendance issues, criminal acts including those involving weapons and drugs, and a broad range of restrictions on conduct that concern behavior before, during and after school is is session.
One of the most important sections of the Student Handbook is the Student Grievance Procedure which is a process which may occur to determine final resolution of disciplinary sanctions. Students have certain civil rights. If you feel that the school has taken an action against a student which was questionable or in violation of the student's civil rights, the grievance procedure may be followed. This includes school discipline as well as acts by school staff which discriminate against a student on the basis of race or sex. A student grievance form can be obtained at the school office, and appeal procedures are located in the Student's Rights and Responsibilities document. A student may have a lawyer assist in the grievance process, although this is not required.
Children who have disabilities have additional rights which include the right to a free and appropriate public education in Alaska. In 1975, the Education for All Handicapped Children Act was passed, and in 1990, the law was amended and is now known as the Individuals with Disabilities Education Act (IDEA). Alaska's legislature has passed the Education for Exceptional Children Act. Parents of disabled children who disagree with the school's decisions have a right to challenge them. Parents may request that an independent evaluation is performed at the school's expense, can ask for mediation, initiate a hearing or file an administrative appeal, complaint or a lawsuit. The U.S. Supreme court has ruled that a school which suspends a disabled child for more than ten days must consider whether the child's conduct resulted from the disability and whether the suspension is in essence a change in placement. If a change in placement is proposed, the rights of a disabled child may be triggered.
It may be wise to consult with an attorney who can answer your questions regarding school rules and procedures, and explain the options available to you. Many attorneys will consult with potential clients for a nominal fee to answer your questions and define the services they offer. It is often important to consult with a lawyer at the start of the process in order to make preliminary decisions regarding how to proceed.
The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding these matters.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including child custody, divorce, child support and adoption. He is the author of The Alaska Family Law Handbook, which will soon be available in bookstores and can be obtained now by calling (907) 279-4529. Articles on legal topics of interest to Alaskans can be accessed on the internet at Http://www.alaska.net/~pradell © 1998 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.