STUDENT RIGHTS EXPERT WITNESS

Every student has rights that schools and other educational agencies must protect. These include the right to be free from abuse, excessive discipline, and violations of bodily integrity, as protected under various federal and state laws, constitutional protections, and case law precedents.

When reviewing cases involving such violations, our student expert witness will emphasize the importance of school administrators and teachers maintaining knowledge of students’ rights to avoid negligence and constitutional violations lawsuits.

Institutions Must Meet the Professional Standard of Care

A school, college, summer camp, or other agency responsible for the safety and supervision of students in their custody must meet a professional standard of care that respects student rights and protects them from foreseeable harm.

Failure to supervise students adequately can cause injuries, abuse, death, or more, and can be grounds for disciplinary action against teachers and other school staff.

Why Choose School Liability Expert Group?

What Rights Do Students Have?

Public schools and other educational institutions shall not infringe on rights guaranteed to students by law. This applies to the formulation of school policies and enforcement thereof by administrators and teachers.

Racial Non-Discrimination Rights

Schools should not discriminate against minority groups of students when administering education, athletics, discipline, and other aspects of school life. As a student safety and supervision expert witness would note, students of color tend to receive harsher and more frequent disciplinary actions than other students in many educational institutions.

Such disparities are grounds for disciplinary action against teachers and other involved staff. All school faculty should receive bias training to ensure that no unintentional breaches occur.

A student expert witness from School Liability Expert Group will work with you in cases involving violations of student rights based on race or other protected characteristics.

Rights of Students with Disabilities

Public schools are federally mandated to protect students from discrimination based on a disability. Schools must provide equal access to all school opportunities, from academic classes to field trips, for students with disabilities.

The Need for IEPs and Behavior Management Plans

Schools are also required to identify, qualify, and organize IEP plans, behavioral plans, accommodation plans, and other special education services for children with disabilities.

Failure to supervise students with behavioral or physical disabilities appropriately can cause harm to them or other students and become grounds for disciplinary action against teachers and other staff, or negligence claims against institutions.

Taking Preventive Measures to Protect Students with Disabilities

Bullying and harassment of students with disabilities, if not addressed by the school, can result in discrimination based on disability and deny students with disabilities a right to an education. A student expert witness from School Liability Expert Group can review a case to determine whether the school met its duty to ensure fair treatment for students with disabilities.

We can also provide supervision expert witnesses, student discipline expert witnesses, student injury liability experts, and student abuse experts to consult with schools seeking to enhance their student supervision and safety standards for students with disabilities.

LGBTQ+ Student Rights

CDC data has shown that LGBTQ students are at higher risk of experiencing bullying, harassment, violence, and suicide.

Schools are generally required to address reports of harassment and bullying for all students under federal and state laws. In some states, this may include cases involving sexual orientation and gender identity. This failure to supervise students may provide grounds for disciplinary action against teachers and other school staff responsible for their care.

The student expert witness team at School Liability Expert Group remains up-to-date on legal developments and nuanced regulations regarding expressions of one’s sexual orientation in educational settings.

How Recent Title IX Changes Affect LGBTQ+ Protections

Note: On January 9, 2025, a federal judge in Kentucky struck down the Biden administration’s expanded Title IX rules that included protections based on sexual orientation and gender identity.

The court ruled that the administration had exceeded its authority by broadening the definition of “sex” discrimination to encompass gender identity and sexual orientation, stating that such an expansion contradicted the original intent of Title IX.

Following this ruling, on January 20, 2025, President Donald Trump issued an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

This order defines “sex” strictly based on biological attributes determined at birth and rescinds previous executive orders that recognized gender identity under federal protections. Consequently, the Department of Education has reverted to the 2020 Title IX regulations established during Trump’s first term, which do not extend protections to LGBTQ+ students.

The student expert witness team from School Liability Expert Group can review cases and address issues involving LGBTQ rights and related harassment that occurred between 2020 and 2025, when schools were required to address these matters.

Some States Might Still Offer Protections

Some states still might have protections for LGBTQ students under their state laws, separate from federal law. This type of non-discrimination may apply to school rules and procedures, student supervision, and disciplinary efforts.

Consider a school with a clear rule prohibiting public displays of affection, such as kissing, in the hallways for all students. This rule does not infringe on student rights, as it applies to all students.

However, it is similar to the dress code example earlier; if this rule is never enforced for straight couples but is consistently implemented, with consequences for LGBTQ couples, a student discipline expert witness may view this as discriminatory treatment, depending on state law or school policy.