As this school year wraps up, school officials should begin reviewing and revising student handbooks for the 2024-25 school year. A comprehensive and well-written student handbook is an important tool to ensure compliance with state and federal law, support student discipline decisions, and reduce the risk of litigation and other disputes.
Thrun offers a model student handbook for both our Thrun Policy Subscribers and non-subscribers. The Thrun Policy Subscriber version of the student handbook aligns with the Thrun Board Policy Manual and Administrative Guidelines and is intended to be easily implemented by Thrun Policy Subscribers. This handbook is sold together with an employee handbook. The handbooks are updated annually, and clients who subscribe to policy updates will receive handbook updates.
The student handbook for clients that are not Thrun Policy Subscribers allows for client customization to ensure it aligns with your school’s expectations and policies as well as legal requirements. Regardless of the source for your school’s handbook, school officials must ensure the handbook aligns with your school’s board policies before implementation.
If you choose to revise your existing handbook language, below are pointers to avoid common missteps.
Disclaimer Language
Including language at the beginning of the student handbook advising that the handbook is not intended to be all-encompassing, that it does not create a contract between the school and parents or students, and that school officials may revise the handbook to implement the education program and ensure student wellbeing. The disclaimer language should also state that school officials are responsible for interpreting the handbook and if a situation is not specifically addressed, the school will make decisions based on staff discretion, applicable board policies, and state and federal statutes and regulations, consistent with the school’s best interests.
Board Policy
Handbook provisions should align with board policy (and corresponding rules or guidelines). Board policy is typically more comprehensive than handbook language, and board policy ultimately controls. Any conflict or inconsistency between the handbook and board policy could undermine a school’s decisions and create liability exposure.
Student Discipline
State law requires every school to develop and implement a student code of conduct. Schools often include the student code of conduct in student handbooks. All handbook provisions addressing student discipline, including the code of conduct, must comply with law and board policy.
Consistent Implementation
School officials must ensure consistent implementation of the handbook for all students. The U.S. Department of Education’s Office for Civil Rights has expressed concerns that minority students and students with disabilities are disciplined more frequently and more severely than their peers for the same conduct. Adhering to established disciplinary procedures for every student offense will help schools ensure consistency and defend against allegations of discriminatory decisions.
Non-Discrimination Provisions
Handbooks should include: (1) a comprehensive statement prohibiting discrimination (including unlawful harassment); (2) a summary of the applicable investigation process; and (3) the identity of the person or position that receives discrimination complaints. Failure to include these provisions could result in liability, even if the school takes appropriate action in responding to a discrimination complaint. We recommend reviewing both board policy and student handbooks to ensure that appropriate non-discrimination provisions are included.
On April 19, 2024, the new title IX regulations were published with an effective date of August 1, 2024. We anticipate that the new Title IX regulations may require changes to your handbook. Keep an eye on School Law Notes for further guidance on this topic.
Other Considerations
School officials should post the student handbook to the school’s website and include a copy of the student handbook in student agendas or planners (if provided), with a letter to parents. Wide dissemination of the student handbook helps ensure that students and parents have notice of conduct and its consequences. School officials should also develop protocols to ensure that students who transfer into the school during the school year receive the student handbook.
A well-drafted student handbook is an important tool for school management and can be valuable in defending against legal claims and OCR complaints, but only if the student handbook is consistent with applicable law and board policy, up-to-date, consistently implemented, and widely disseminated.
If you are interested in Thrun’s model handbook, or becoming a Thrun Policy Subscriber, order forms are attached. Alternatively, Thrun attorneys are available to review student handbooks to ensure compliance with law and board policy. Contact a Thrun attorney if you are interested in a handbook review.