Introduction
School discipline is a high-stakes issue that can have lasting consequences for students. While school boards are tasked with overseeing discipline policies and ensuring fairness, their effectiveness in doing so is often questionable. Many families find that school boards rubber-stamp punitive measures rather than acting as a check on excessive or biased disciplinary actions. In some cases, parents may need to consult an attorney to ensure that their child’s rights are protected.
In this post, we examine the role of school boards in the K-12 discipline process, highlighting areas where they fall short and when legal intervention may be necessary.
Policy Development & Oversight: Are School Boards Doing Enough?
School boards establish district-wide discipline policies, but that does not mean these policies are always fair or effective. Many boards focus on maintaining order rather than ensuring equitable and non-discriminatory discipline.
Despite federal protections such as the Individuals with Disabilities Education Act (IDEA) and Title IX, many students—particularly those with disabilities and students of color—face disproportionately harsh discipline (U.S. Department of Education, 2021). The lack of enforcement from school boards means that these disparities persist year after year.
Case Example: Chicago Public Schools’ Flawed Reforms
In 2014, Chicago Public Schools (CPS) attempted to shift away from punitive discipline toward restorative justice practices. While suspensions initially dropped, a 2022 investigation found that many schools continued to push out students through informal removals and alternative disciplinary actions, skirting official reporting requirements (Steinberg & Lacoe, 2018). This demonstrates how policy changes on paper mean little without enforcement and accountability.
Disparities in Discipline: Who Holds Schools Accountable?
School boards are supposed to monitor disciplinary data to prevent racial and disability-based disparities, but many fail to act unless confronted by lawsuits or media attention. A 2014 study found that Black students were nearly four times as likely to be suspended as white students, even for similar offenses (Skiba et al., 2014). Without legal pressure, activism, or federal oversight, school boards rarely take meaningful action to correct these disparities.
Case Example: Maryland’s Forced Reforms
In 2014, after years of racial disparities in discipline, Maryland’s State Board of Education was forced to implement reforms due to pressure from civil rights groups and legal threats. While the board eventually mandated the use of Positive Behavioral Interventions and Supports (PBIS), it only did so after being confronted with overwhelming evidence of racial bias (Maryland State Department of Education, 2020). This underscores why legal intervention is sometimes necessary to prompt change.
Appeals & Due Process: A Stacked Deck Against Parents
While school boards technically serve as an avenue for appealing disciplinary decisions, the process is often tilted in favor of school administrators. Many boards defer to school principals and district officials, making it extremely difficult for families to successfully challenge unfair suspensions or expulsions.
Parents should be aware that they may need legal representation to navigate this process effectively. An education attorney can help ensure that a student’s due process rights are upheld, particularly in cases involving:
- Long-term suspensions or expulsions
- Special education students facing disciplinary action
- Allegations of racial or disability discrimination
- Failure to provide proper notice or appeal opportunities
Case Example: San Francisco Unified School District
In 2017, a student in San Francisco Unified School District (SFUSD) was suspended for allegedly bringing a pocketknife to school. The student maintained that it was left in their backpack after a camping trip. When the family attempted to appeal, the school board initially refused to reconsider the case. Only after the family consulted an attorney was the suspension overturned, highlighting how parents may need legal assistance to ensure a fair hearing.
School Board Training: A Lack of Real Accountability
School boards are responsible for training school staff on proper disciplinary procedures, but many fail to ensure that teachers and administrators receive meaningful guidance. Research has shown that bias training and restorative justice practices can significantly reduce suspensions, but few school boards mandate or fund such programs adequately (Gregory et al., 2016).
What Parents Can Do:
- Request access to disciplinary data to see if disparities exist in their district.
- Push for greater transparency in school board meetings.
- Advocate for legal representation in disciplinary hearings.
Community Engagement: Are School Boards Listening?
While school boards hold public meetings and claim to engage with families, many ignore parent concerns unless legally challenged. Parents who raise complaints about unfair discipline often face bureaucratic delays and unresponsive officials.
Case Example: Denver Public Schools’ Parent-Led Reforms
Denver Public Schools (DPS) established a Student Discipline Advisory Council only after years of pressure from community groups and legal advocates. Parents had to threaten legal action before the board agreed to reduce police presence in schools and implement alternatives to suspension (Anyon et al., 2016).
When Should You Contact an Attorney?
If you believe your child is facing unfair discipline, you should consider contacting an education attorney in the following situations:
- Your child is suspended or expelled without a proper hearing.
- Your child has a disability and is being disciplined without an evaluation of their needs.
- You suspect racial or gender discrimination in how your child is disciplined.
- The school board ignores or denies your appeal without valid justification.
Many families assume that school boards will act fairly, but the reality is that school administrators and boards often side with each other. In serious cases, legal action may be the only way to hold the system accountable.
Conclusion: Know Your Rights, Be Prepared
While school boards play a major role in setting and enforcing discipline policies, their track record in ensuring fairness is mixed at best. Many school boards fail to address racial disparities, disability discrimination, and excessive punishments unless forced to do so by lawsuits or public pressure.
If you believe your child has been unfairly disciplined, don’t assume the school board will advocate for them. Know your rights, document everything, and seek legal advice when necessary. In many cases, an attorney can be the difference between an unfair punishment and a just outcome.
References
- Anyon, Y., Jenson, J. M., Altschul, I., Farrar, J., McQueen, J., Greer, E., & Simmons, J. (2016). The persistent effect of race and the promise of alternatives to suspension in school discipline outcomes. Children and Youth Services Review, 70, 408–416.
- Gregory, A., Clawson, K., Davis, A., & Gerewitz, J. (2016). The promise of restorative practices to transform teacher-student relationships and achieve equity in school discipline. Journal of Educational and Psychological Consultation, 26(4), 325–353.
- Maryland State Department of Education. (2020). School discipline data report. Retrieved from www.marylandpublicschools.org
- Skiba, R. J., Arredondo, M. I., & Williams, N. T. (2014). More than a metaphor: The school-to-prison pipeline as the new face of racial oppression. Race and Social Problems, 6(4), 249–257.
- Steinberg, M. P., & Lacoe, J. (2018). Reforming school discipline: School-level policy implementation and the consequences for suspended students and their peers. American Journal of Education, 125(1), 29–77.
- U.S. Department of Education. (2021). Guiding principles for school discipline: Creating safe, supportive, and equitable learning environments for all students. Retrieved from www.ed.gov
