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A Child's Rights in School: Questions and Answers for Parents
by: New Orleans Legal Assistance   LSC LOGO
Q.My child is failing at school.   How do I get help?
A.

Find out if it is a medical problem. 

Your child may have medical problems that keep him or her from learning.  Take your child to a doctor for a check-up.   If you have Medicaid, it should pay for the doctor. 

If you do not have Medicaid and you have low income, apply for your child.  Call Louisiana's Children's Health Insurance Program (LaCHIP) at 1-877-252-2447.  LaCHIP covers kids in families with incomes up to 200% of the poverty limits. 

See if you can get special services to help your child learn.

If your child has a medical problem that makes it hard for him or her to  learn in school, the school should help.  If your child has disabilities (mental, emotional or physical), federal and state laws require the public school system to give your child the free special services he or she needs to get an appropriate education. 

Ask for an evaluation for these services or for accommodations.  You can write a letter to the school principal, or ask your child's teacher to write a letter.  If the school won't evaluate, or refuses your child services or accommodations that he or she needs, talk with a lawyer. 

Q.My child will not stay in school.  What can happen?
A.

In Louisiana, if your child misses school or is late to school 5 times a month without an excuse, the school can report you and your child to juvenile or family court.  The court can take custody of your child or impose state supervision.  The school may also try to suspend or expel your child.

If you are ordered to court, or the school kicks out your child, talk with a lawyer.  Your child may also have medical problems and need to see a doctor.  If you cannot make your child go to school because of his or her problems, explain this to the court. 

Q.

What are my child's rights if she is suspended or expelled from school?

A.

Your child has the right to:

  • notice of the charges 
  • a hearing

The school is also supposed to tell you, the parent or guardian, of the charges.  If the school has followed the right process each time, it may expel your child on the 4th suspension of any kind (or even earlier if the charge is serious enough).  For that reason, it is important to ask for a hearing on any charge that is wrong. 

If the school refuses a hearing, or has kicked your child out of school without written notice, talk with a lawyer.  If you get a hearing, you still may want to have a lawyer.  After the hearing, you have the right to go to court if you are not happy with the decision.

Your child's discipline problems may mean he needs medical help.  Your child may have a physical or emotional problem that makes learning or following rules too hard.  If you think your child may have a disability, take your child to a doctor, or ask the school to evaluate him for special education services or accommodation.

Q.My child is being punished because the principal does not like me.  What can I do?
A.

It's against the law for the school to punish or harass your child because they don't like you, or for anything you have done (even if you have done something wrong or illegal yourself). 

Appeal any disciplinary action against your child that is unfair or wrong.  You may also want to speak with a lawyer.

Q.What are my child's rights to a safe school?
A.

If the public school in your district is too unsafe, you can ask that your child be transferred or allowed to go to an out-of-district school.  The school system does not have to agree.

If any school is careless, or does not take common-sense steps to keep its students safe, and your child is injured as a result, you may have the right to sue the school, and school staff involved, for money damages.  Speak with a lawyer if that happens.

Q.I cannot enroll my child in another school because the old school will not give up her grades.  What can I do?
A.A school usually has no right to withhold grades or transcripts of your child.  It doesn't matter whether the school is public or private.  However, it is probably legal for a private school to do it, if you signed a contract specifically allowing it.   Speak with a lawyer if you need help.
Q.

My child's public school is charging for textbooks and extracurricular activities.  They are telling me my child can't come to school unless I pay.  Is this legal?

A.

It is illegal for the public school to charge you for textbooks. 

But it is probably not illegal for the school to charge for other things, such as extracurricular activities, if:

  • the charge is reasonable and
  • there is a procedure to excuse payment if you can't afford it.  

If the public school system refuses to let your child register or attend school, speak with a lawyer.  Calling the state Department of Education in Baton Rouge may also help. 

Links:  Louisiana Department of Education
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Last Reviewed On: 09/24/07
 
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