What Parents Should Start Doing NOW to Protect Their Child’s Rights in School
As a parent, you are your child’s first and strongest advocate. Whether your child has an IEP, a 504 Plan, or no formal plan yet, the system can be quick to label, punish, or exclude — especially for Black and Brown children, children with disabilities, or students who don’t fit the mold.
Here’s what you must start doing now to protect your child and stay ahead of potential school discipline or discrimination issues.
1. Demand All School Communications and Discipline Decisions in Writing
If it’s not documented, it didn’t happen.
School staff may forget, deny, or change the story later — but written documentation keeps everyone accountable. This includes emails, referral forms, suspension letters, or even meeting notes. If something happens over the phone or in a hallway, send a follow-up email summarizing the conversation.
2. Clearly Document Your Child’s Disabilities and Needs
If your child has ADHD, autism (ASD), PTSD, anxiety, trauma history, or any other condition that affects behavior or learning — make sure it’s documented in an IEP or 504 Plan.
If they don’t currently have a plan, request an eligibility meeting now. Early documentation can make all the difference when problems arise.
3. Request a Copy of the School’s Discipline Policies
You have a legal right to know the rules being enforced. Look closely at how much discretion staff are given to suspend or discipline — vague terms like “disrespect” or “insubordination” can be easily misused.
Understanding these policies helps you hold the school accountable and advocate when things feel unfair.
4. Build Relationships with Teachers and Administrators Now
Your child is more than a number or a file. Make sure their teachers and principals know them as a person. Humanizing your child early can reduce how quickly staff escalate discipline.
Email updates, attend back-to-school nights, and stay involved — even if things are going well.
5. Know Your Escalation Paths
If something goes wrong, don’t get stuck in a loop. Know where to go next:
Principal
Superintendent
Board of Education
Office for Civil Rights (OCR) complaint
State Department of Education complaint
Media or Advocacy Organizations (as a last resort)
Save This: Rights Reminder for Parents & Teachers
Even with changes in federal guidance, your civil rights have not disappeared. Here's what to know:
Your Federal Rights Still Stand
Title VI of the Civil Rights Act – protects against racial discrimination.
Section 504 of the Rehabilitation Act – protects students with disabilities.
IDEA (Individuals with Disabilities Education Act) – supports students receiving special education services.
You Have the Right To:
Request all disciplinary records and incident reports.
Attend any meeting where discipline is being discussed.
Request a Manifestation Determination Review (MDR) if your child with a disability faces 10+ suspension days.
File an Office for Civil Rights (OCR) complaint if discrimination is suspected.
📌 Important Advocacy Tips:
Get everything in writing.
Keep your own notes: Dates, what was said, who was there.
Ask for copies of policies, procedures, and documentation.
Be respectful but assertive. You can be polite and still stand firm.
Escalate quickly when necessary — your child’s education is on the line.
Don’t Wait for a Crisis
The best time to prepare is before things go wrong. Document now. Learn your rights now. Don’t assume the system will protect your child — be proactive.
Filing an OCR Complaint: What to Know
If your child is facing discrimination based on race, disability, or national origin — and it's impacting their access to education — you can file a federal complaint:
✅ Free to file
✅ No lawyer required
✅ Must be filed within 180 days of the incident
To be successful, your complaint should show:
Your child was treated unfairly due to race, disability, or national origin.
Their education was harmed because of that treatment.
Include documentation like emails, policies, discipline records, and notes.
OCR Online Complaint Form (U.S. Department of Education)
📌 Remember: You are your child's voice. Start documenting, advocating, and protecting today.
