{"id":354936,"date":"2016-04-04T11:01:45","date_gmt":"2016-04-04T16:01:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/school-safety\/legal-issues-and-laws-relating-to-school-safety.html"},"modified":"2023-11-07T16:59:37","modified_gmt":"2023-11-07T21:59:37","slug":"legal-issues-and-laws-relating-to-school-safety","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/school-safety\/legal-issues-and-laws-relating-to-school-safety.html","title":{"rendered":"School Safety Legal Issues and Laws"},"content":{"rendered":"\n
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School Safety Legal Issues and Laws<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

School safety is a big deal for everyone: students, parents, school employees, and the community. Making sure that a school is safe helps students focus on learning. In the U.S., school officials and the school board work together to create a safe school environment, but school safety isn’t just about putting up fences and security cameras. <\/p>\n

Laws like Title IX<\/a> and the Individuals with Disabilities Education Act<\/a> help protect students. State laws like those in Florida, Texas, and New Jersey also play a part in making schools safe and fair for everyone.<\/p>\n

Every parent of a child knows that it’s hard enough to keep their child safe at home, but a whole new set of challenges may arise when the child goes off to school. Some fear their child may be bullied or harassed, while others have concerns that their child’s sense of privacy or free speech may be jeopardized. <\/p>\n

Parents are also concerned with the general well-being of their children during school hours. They might worry that the school provides appropriate levels of safety measures. Finally, some parents are simply concerned with whether their child’s lunchbox meets the current U.S. safety standards.<\/p>\n

Most parents would agree that their main goal is to send their children to school to learn. They might also agree that the school should be safe, peaceful, and secure for their children. This section provides an overview of legal issues related to school safety. Parents, guardians, and educators can use this article as a helpful resource in understanding school safety.<\/p>\n

Student Safety and Student Rights<\/h2>\n

Keeping students safe and protecting their rights is important. Laws like the Americans with Disabilities Act ensure all students, including those with disabilities, can learn like everyone else. When kids need special help in schools, teachers and school administrators step in to help. They might create an Individualized Education Program (IEP) for the student. This plan allows students to get the necessary related services they need.<\/p>\n

Students and their families have some special rights in school. These rights ensure that schools treat students fairly. If parents worry, the law allows them to view their child’s educational records. The Family Educational Rights and Privacy Act offers this access to parents.<\/p>\n

Schools have rules to keep everyone safe and focused on learning. These rules often say no to drugs and weapons at school. Schools also protect the rights of students and teachers. This includes the First Amendment right to free speech under the U.S. Constitution. But certain types of adult speech, like obscenity or hate speech, are not allowed. This speech is disruptive to the functioning of the school. Schools also set rules on using phones and computers so students can focus. Finally, schools and school employees are taking a more active role in protecting students against bullying.<\/p>\n

Schools need to keep students safe, but they also have to respect students’ rights. Students might have fewer rights than adults. But, they still have limited rights to free speech and privacy that schools must respect. Furthermore, schools cannot automatically expel any student for bad behavior. Instead, they must provide the student with notice and a hearing beforehand. The section on student rights explains further.<\/p>\n

Bullying in Schools<\/h2>\n

Bullying is a major problem that affects students’ mental health. Some states have \u201csafe schools" laws. These laws protect students from bullying, including cyberbullying on social media. School officials in high schools and other education programs can take disciplinary action against bullies, although they have to follow due process<\/a> to make sure every student’s civil rights are respected. This can include involving law enforcement agencies if the bullying is severe.<\/p>\n

Bullying<\/a> in schools is a growing and serious problem that occurs on school campuses across the nation. It compromises the learning goals of educational environments. It also threatens a student’s right to attend classes on school campuses safely. Both state and federal governments have recognized a student’s need for school safety. Several states have passed anti-bullying laws<\/a>, including California, Arkansas, and Colorado. These laws are aimed at making schools safe for learning. <\/p>\n

In addition, the federal government has laws in place. This includes the First Amendment and the Establishment Clause. These laws and others are aimed at ensuring school districts provide equal protection to all citizens. They must equally apply federal and state constitutional rights to all citizens, including students.<\/p>\n

Parents of children who are bullied or harassed<\/a> may file lawsuits against a school or school district. Parents can do this if the school fails to stop the harmful behavior. Students who bully are often suspended or expelled. The school will determine if their behavior violates the student code of conduct. They will also consider if the student broke other laws, too.<\/p>\n

Premises Liability at Schools<\/h2>\n

If someone gets hurt on school grounds, the school board and school administrators could be held responsible. This is called premises liability. Schools must have a school safety plan that includes things like fire drills and violence prevention. They also have to make the school accessible for students with disabilities. For example, if a student in a special education program gets hurt because a school didn’t make needed changes, that school could face legal issues.<\/p>\n

Other schools, organizations, laws, and regulations might refer to these students using the outdated term \u201cspecial needs.\u201d Bur, the preferred terminology is education services for students with disabilities.<\/p>\n

There are a growing number of lawsuits arising out of some school’s failure to keep students safe while on school property. Under the theory of premises liability,<\/a> occupiers and owners of land, including schools, are legally required to keep premises safe. The land must be safe for those who are legally allowed to be there. <\/p>\n

The law generally requires owners and occupiers of land to exercise a "reasonable amount of care" in providing a safe environment on their premises. However, because schools are typically utilized by young children, the law requires a greater amount of care.<\/p>\n

Parents of children who are injured may file a claim against a school or school district for contributing to a student’s harm or failing to keep premises safe at school. This may include common situations where a child falls or injures themselves in some way due to a school’s negligence. It also includes situations where a child is bullied or harassed. Finally, it also includes scenarios where the child becomes ill because of the school.<\/p>\n

First Amendment Concerns<\/h2>\n

The U.S. Supreme Court has declared that students attending public schools do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Tinker vs. Des Moines School Dist.<\/i><\/a> upheld the right of students to wear black armbands in school in protest of the Vietnam War. Even so, while students are afforded First Amendment freedoms, their rights may be restricted. This court case established this precedent.<\/p>\n

There have been a variety of free speech lawsuits involving public schools<\/a> over the years. Free speech in schools is important, but has limits. For example, a school can have a dress code that students must follow. If the dress code breaks federal law by being unfair to a group of people, then students and parents can challenge it. School officials must also respect students’ rights to free speech on social media. Students have this right unless their speech disrupts the school climate or threatens school safety.<\/p>\n

Student Conduct Codes and Student Discipline Policies<\/h2>\n

Every school has a handbook that lays out the rules students have to follow. This is called the Student Code of Conduct. It talks about the school discipline that school students could face for breaking rules, like suspension or expulsion. The Code must follow state law and be approved by the State Board of Education. It also must be fair to all students, including those in adaptive education programs or those with certain health care needs.<\/p>\n

Most schools have discipline policies<\/a> that generally outline a student’s rights and responsibilities within the student body. These policies also typically include types of behavior that are acceptable or inappropriate on school campuses and even beyond school doors. <\/p>\n

Parents or guardians should read through these policies with their children to ensure awareness of important safety and discipline guidelines. Usually, the code is distributed at the beginning of the school year by school personnel.<\/p>\n

School-Related Product Safety<\/h2>\n

Because students often need various school-related items, it is important to know whether certain items or products pose any harmful risks. Sometimes, products used in schools can be a safety concern. There have been important recalls on school-related items, such as BPA-lined plastic containers, clothing with drawstrings, non-insulated lunch boxes, and more.<\/p>\n

For example, if a student gets hurt using a science lab kit, the school may face legal issues. School employees and staff members must check that all products, like gym equipment or school-based health services, meet safety standards. This is to ensure that every part of the learning environment is safe.<\/p>\n

More Questions About School Safety and the Law? A Lawyer Can Help<\/h2>\n

Education law and school law can be complicated. If you think your rights or safety are at risk, it’s important to get help. You can reach out to the U.S. Department of Education. If you are facing an immediate emergency, such as a school shooting, you should contact local law enforcement officials for help. Police officers can help in these extreme situations.<\/p>\n

School safety is a very important issue. Not only is it important for students to feel safe and secure in their school surroundings, it’s important for their learning growth as well. Suppose you’re a parent, guardian, or educator who has school safety concerns. In that case, you may wish to contact your school’s district and ask whether there are existing safety guidelines and policies in place.<\/p>\n

Otherwise, you may wish to contact an attorney<\/a> to learn more about a particular law in question.<\/p>\n

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