Many lawsuits result from failure to put parents and students on notice
as to rules and expectations of the school and the
district. As one can imagine, it is difficult, if not impossible,
to defend a lawsuit where the complaining party is accused of violating
unpublished and unknown rules. A good Student Handbook may not
make your life easier, but also help to avoid litigation.
I. Handbooks and Student's Due Process Rights
A. Substantive Due Process
1. Policy language can be “void for
vagueness”
2. Handbook language can be inconsistent with Board Policy or other
student handbook provisions
B. Procedural Due Process
1. Requirement that student handbooks
provide notice of rules/policy violated
2. Handbook must provide that students will have an opportunity to be
heard, with regard to rules/policy violations
II. Suggestions for Handbook Development and Revision
A. Annual review of handbook
B. Publicize handbook
C. Publicize handbook
D. Notify the staff concerning the contents of the handbook
E. Review the handbook from the student/parent's perspective
F. Make sure that handbook provisions are consistent with board policy
G. Have school attorney review major proposed handbook revisions