The recent surge in school violence across the United States has left many parents deeply concerned about their children’s safety. From stabbings at two Los Angeles high schools to a shooting at a high school in Atlanta, these events have highlighted a troubling national trend. Luckily, there were no fatalities in any of these incidents, but they underscore the urgent need for parents to understand their child’s rights.
Understanding Your Child’s Rights
When a child is seriously injured during a crime at school, parents often find themselves navigating a complex web of legal and administrative procedures. Furthermore, student rights and protections can vary significantly depending on the state they live in, and whether they attend a public or private school.
Public Schools
Students are protected by state and federal laws. The federal Unsafe School Choice Option (USCO) provides important protections for student victims of violent crimes in all public elementary and secondary schools.
Key Rights in Public Schools under USCO:
- Transfer Option: If a student becomes a victim of a violent crime while in or on school grounds, they must be allowed to transfer to a safe public school within the Local Educational Agency (LEA), including charter schools within 10-20 days of the incident.
- Persistently Dangerous Schools: States must identify “persistently dangerous” schools based on their criteria. Students in these schools also have the right to transfer.
- Notification: Parents must be notified within approximately ten working days if their child’s school is identified as persistently dangerous.
Private Schools
Have more discretion regarding policies and procedures. The rights of students in private schools are outlined in the school handbook and other written policies, rather than state and federal laws like USCO.
Key Differences in Private Schools:
- Limited Federal Oversight: Private schools are not subject to the same federal regulations as public schools, including USCO.
- Contractual Relationship: The school handbook, often signed by students and parents upon admission, can create a binding contract that explains the student’s rights.
- Disciplinary Discretion: Private schools usually have more flexibility in their disciplinary procedures than public schools.
State-Specific Laws
While federal laws provide some protection, individual states have their own school safety laws, particularly in the wake of high-profile incidents.
- California: The state has implemented the USCO requirements, ensuring transfer options for victims of violent crimes in public schools.
- New York: The state has enacted the Safe Schools Against Violence in Education (SAVE) Act, which requires schools to have comprehensive safety plans and establishes a uniform violent incident reporting system.
- Texas: In 2012, Texas changed its school rules, making it harder to charge students with minor offenses like disrupting class. Students under 12 can no longer be charged with these minor crimes. However, schools can still discipline students and serious offenses can lead to criminal charges.
- Florida: The state has implemented the Marjory Stoneman Douglas High School Public Safety Act, which includes provisions for school safety officers and threat assessment teams in public schools.
Steps to Take if Your Child is a Victim of a Crime at School
If your child becomes a victim of a crime at school, take the following steps:
- Report the incident immediately to school administrators and local law enforcement if necessary.
- Document everything, including dates, times, and details of the incident and any subsequent communications. Also, keep all medical records related to the incident.
- Request a copy of the school’s policies regarding student safety and victim rights.
- Explore transfer options, especially in public schools where this right is protected by USCO.
- Seek support services for your child, including counseling if needed.
- Contact a personal injury attorney immediately.
Attorney J.J. Dominguez of The Dominguez Firm expands on this last point. “If your child was the victim of a crime at school, you need the services of an experienced premises liability attorney immediately. Your child has the right to a safe school environment. When that doesn’t happen, those responsible should be held accountable.”
Parents play a crucial role in advocating for their child’s safety and well-being. By understanding your rights and the protections available, you can better navigate these challenging situations and ensure your child receives the support and protection they deserve.
