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A ninth grader in St. Johnsbury is pulled out of class after a fight in the cafeteria, and by lunch the principal is talking about a suspension. In Vermont, that decision is shaped by Title 16 of the Vermont Statutes, the part of state law that covers schools, and by a U.S. Supreme Court case from 1975. Both give the student a chance to tell their side.
Who has to go to school, and suspension limits
Vermont law requires children between 6 and 16 to attend school, unless they have finished tenth grade, are excused, or are enrolled in an approved college program. A student over 16 who enrolls must attend for the whole term.
A principal or superintendent can suspend a student for up to 10 school days. Expulsion, meaning removal for a long period, needs the school board's approval and can last up to the rest of the school year or 90 school days, whichever is longer. Misconduct off school grounds counts only if it directly harms the school or seriously interferes with another student's access to school.
Vermont has one more rule for young children. A child under 8 cannot be suspended or expelled unless the child is an imminent threat of harm to others.
Your right to tell your side
In Goss v. Lopez (1975), the U.S. Supreme Court ruled that before a suspension of 10 days or less, a public school must tell the student what they are accused of and, if the student denies it, explain the evidence and let the student give their version. Vermont law also requires every school's discipline plan to include standard due process procedures (fair steps before a punishment) for suspension and expulsion, and ways to notify parents.
Ask the principal for that conversation, and ask for the school's written discipline plan. You are allowed to. Vermont also bans corporal punishment, meaning hitting or causing pain as a penalty, in public and approved independent schools.
Bullying reports and student journalists
Every Vermont school board must adopt harassment, hazing, and bullying prevention policies at least as strong as the model policies written by the state Secretary of Education. The bullying policy must explain how to report and file a complaint, how the school will investigate, and what happens to students who bully. Each school campus must name two or more people every year to receive complaints, and that does not stop a student from telling any adult in the building.
For harassment, which Vermont law ties to a category protected by the state's anti-discrimination law, the school must promptly investigate once a designated employee gets notice, and must act to stop it if it happened.
Vermont also has a student press law, passed in 2017. Student journalists in school-sponsored media decide their own content, and a school cannot censor a story just because it is political, controversial, or critical of the school. Libel, threats, bullying, and content likely to seriously disrupt school are not protected.
What to do if something goes wrong
Start with the school's own papers. Vermont schools must give students and families notice of the bullying and harassment policy every year before activities begin, and it usually appears in the student handbook. Find the names of the designated complaint people and put your report in writing, with dates and what happened.
If the school does not resolve a harassment complaint, Vermont law lets a family bring a claim under the state's Fair Housing and Public Accommodations Act, usually after the school's process is finished. We could not confirm a separate complaint form at the Vermont Agency of Education, so if you want to go to the state, call the Agency and ask which office handles school complaints.
À retenir
- Vermont requires school attendance from age 6 to 16, and a suspension by a principal can last no more than 10 school days.
- Under Goss v. Lopez (1975), you get to hear the charge and tell your side before a short suspension.
- Every Vermont school must name at least two people each year to take bullying complaints, and you can still tell any adult.
- Vermont's 2017 student press law bars schools from censoring student media just for being critical or controversial.
Sources
- Vermont General Assembly: 16 V.S.A. Chapter 25, Attendance and Discipline (s'ouvre dans un nouvel onglet)
- Vermont General Assembly: 16 V.S.A. Chapter 9, School Districts (harassment, hazing, and bullying) (s'ouvre dans un nouvel onglet)
- Vermont General Assembly: 16 V.S.A. Chapter 42, Student Rights (s'ouvre dans un nouvel onglet)
- Legal Information Institute: Goss v. Lopez (1975) (s'ouvre dans un nouvel onglet)
Cet article donne des informations éducatives générales, pas un conseil juridique personnalisé. KidsKnowRights n'est pas un cabinet d'avocats, et lire cet article ne crée pas de relation avocat-client. Les lois varient selon l'État, l'âge et les circonstances, et elles changent avec le temps. Pour un conseil sur une situation réelle, adresse-toi à un avocat agréé ou à un organisme d'aide juridique.