Legal Question in Education Law in Illinois

We have been trying to have communication with our child's school regarding documentation of school issues including a recent discipline action for our son resulting from his being taunted/bullied in school. We proactively requested a meeting with all parties to sort this out and to make sure we understood the nature of the behaviors and to place some context for our son. The reaction of the school has been negative and extreme, documentation has not been timely and it includes inaccuracies and purposeful false perceptions that can be, without context, paint a very deliberate and ugly picture of our son and do not address the bullying issues. His teachers have all been very positive and supportive and never had any issues with him and understand the bullying piece. None of this is in any of the principal�s documentation. Teachers have emailed us and shared positive things, school work, and answered our questions to help out since the beginning of the year. As parents we both work out of town so email is very important as we cannot always meet in person or phone during the day.

We have brought the concerns about bullying and the events to the school, in writing, (email) and have requested further follow-up based on the school student handbook stated policies as they appear not to be followed.

The principal has now said in an email to me�

�to best ensure proper and effective communications with you, we will not be opening, reading or responding to future e-mail communication from you or (your wife).�

We believe this email did not come from the principal but from the district attorney..

My wife (Dr. Smith) and I believe this action is:

1. Creating undue hardship on us for we routinely communicate between the school and home. Based on our own jobs we have access to email more often than we do our phones

3. Prevents timely communications that have and can be of an emergency circumstance for which we have in our emails said we would be happy to follow-up with meetings. It has never been our intent to replace meetings with email exclusively.

4. Preventing us from expressing our 1st amendment rights to free speech and through thoughtful reflection enter into a dialogue with the school to advocate for our son

5. No different than any communication from us in writing and mailed to them, except for the timeliness of delivery and the ability to prove it was sent and received.

6. not acknowledging the technologies of communication that are widely recognized and prevalent in current society

7. prohibiting us from communicating at will with those in the school that have nothing to do with this issue and about things that are not connected as well.

8. prohibits the teachers from communicating to us as they have in the past

And other things�

Can the school do this legally? Is there case law?

1 Answer from Attorneys

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