When a student is suspended, expelled, asked to withdraw, or otherwise disciplined by a private school, parents often feel blindsided. The situation can move quickly. A student may be pulled into interviews, a family may receive a short deadline to respond, and the school may cite broad language in a handbook or enrollment agreement.
For Massachusetts families, one of the first questions is also one of the most important: Can parents challenge a private school’s disciplinary decision?
The answer is yes, in some circumstances. But the process is different from a public school discipline case.
At a public school, students have rights that come from statutes, regulations, and constitutional due process principles. Private schools are different. In many private school discipline matters, the family’s rights and options often depend on the enrollment contract, the student handbook, the school’s own disciplinary procedures, and whether the school acted with basic fairness.
Families facing these situations should speak with an attorney who understands education law, student discipline, and the private school environment. At Kerstein and Konowitz Law Group, our education law attorneys help families evaluate their options and respond strategically when a student’s education, reputation, or future opportunities are at risk.
Private School Discipline Is Different From Public School Discipline
Many parents come into a private school discipline matter expecting the same protections that apply in public schools. That assumption can create confusion.
Massachusetts public school discipline is governed by specific laws and procedures. Private schools, by contrast, are generally treated as private institutions. A private school must be approved for compulsory attendance purposes under Massachusetts law, but that approval is limited. The Massachusetts Department of Elementary and Secondary Education explains that local approval of a private school is not an evaluation of the school’s overall program quality or an endorsement of the school.
Massachusetts law also provides that school committees approve private schools when they are satisfied that instruction equals the required standard of “thoroughness and efficiency,” but that does not mean private schools are regulated in the same way as public schools for every student discipline issue.
This distinction matters. In many cases, a private school discipline dispute is analyzed less like a public school due process hearing and more like a contract and fairness dispute.
So, Can Parents Challenge the Decision?
Yes. Parents may be able to challenge a private school’s disciplinary decision, but the strength of the challenge depends on the facts.
A family may have stronger grounds to challenge the decision if:
- The school failed to follow its own written policies.
- The student was not told what they were accused of.
- The school relied on inaccurate or incomplete information.
- The discipline was inconsistent with how similar incidents were handled.
- The process appeared biased or predetermined.
- The school ignored disability-related issues or accommodation needs.
- The punishment was extreme compared to the alleged conduct.
- The school violated promises in the enrollment contract or handbook.
A challenge does not always mean filing a lawsuit. Often, the most effective approach is a prompt, well-prepared internal appeal or request for reconsideration.
The Enrollment Contract Often Comes First
Private school relationships usually begin with an enrollment agreement. Parents may sign this document months before any issue arises, often during admissions or re-enrollment.
That contract may address:
- Tuition obligations after dismissal or withdrawal
- Refund policies
- The school’s discretion to discipline or dismiss a student
- Parent conduct expectations
- Internal appeal rights
- Required mediation or arbitration
- Forum selection or venue provisions
- Religious or mission-based standards, if applicable
In a discipline dispute, the enrollment contract can be one of the most important documents in the case. It may give the school broad authority, but it may also create obligations the school must follow.
Families should not assume that a school’s decision is final simply because the contract gives the school discretion. Even broad discretion may have limits, especially if the school failed to follow the process it promised or acted in a way that appears arbitrary, unfair, or in bad faith.
The Student Handbook May Also Matter
The student handbook is often where private schools describe disciplinary rules, investigation procedures, honor codes, technology policies, harassment policies, athletic codes, and appeal rights.
A handbook may explain:
- What conduct is prohibited
- Who investigates student misconduct
- Whether parents may attend meetings
- Whether the student may submit a written response
- Whether there is a hearing
- Who decides the discipline
- Whether an appeal is available
- What happens to transcripts, recommendations, or college applications
In Massachusetts, courts have looked closely at whether handbook language creates enforceable expectations. In Driscoll v. Board of Trustees of Milton Academy, the Massachusetts Appeals Court held that the private school’s handbook provisions did not create reasonable expectations that were violated and that the school did not act arbitrarily, capriciously, or in bad faith in dismissing the student.
That does not mean handbooks never matter. They do. But the exact wording is important. Some handbook language is mandatory, using words such as “shall” or “will.” Other language is more flexible, saying the school “may” take certain steps or may modify procedures at its discretion.
Parents should carefully review both the enrollment contract and the handbook before responding to the school.
“Basic Fairness” in Private School Discipline Cases
Private school discipline cases in Massachusetts often turn on concepts of contract law and basic fairness.
A Boston Bar Association discussion of First Circuit case law explains that private school disciplinary proceedings are not governed by the federal Due Process Clause in the same way public school proceedings may be. Instead, Massachusetts courts look to contract principles, including the reasonable expectations of the parties and whether the process was conducted with basic fairness.
Basic fairness does not necessarily require a trial-like hearing. It may not require cross-examination. It may not require every protection a student would expect in a public school or criminal court setting.
But it can still require that the school act in good faith, rely on reasonable grounds, and avoid arbitrary or capricious decision-making.
In practical terms, parents may want to ask:
- Did the school explain the accusation clearly?
- Did the student have a meaningful chance to respond?
- Did the school consider relevant evidence?
- Did the school ignore evidence that supported the student?
- Did the decision-maker appear neutral?
- Did the school follow the process it described in writing?
- Was the consequence consistent with the handbook and past practice?
These questions can shape an internal appeal, negotiation, or legal strategy.
Common Private School Discipline Issues
Private school disciplinary matters can involve a wide range of allegations. Some common examples include:
- Academic dishonesty or plagiarism
- Bullying, harassment, or hazing
- Sexual misconduct allegations
- Threats or violent conduct
- Drug, alcohol, or vaping incidents
- Social media or group chat activity
- Off-campus conduct
- Dormitory or boarding school violations
- Athletic team misconduct
- Repeated behavioral concerns
- Parent-school conflict leading to non-renewal or dismissal
Some cases involve a single incident. Others develop over time, especially when the school believes the student or family is no longer a “good fit.”
That phrase, “not a good fit,” can be especially frustrating for parents. It may sound vague, but private schools sometimes rely on broad contractual language allowing them to dismiss, suspend, or decline to re-enroll a student when they believe continued enrollment is not in the school community’s best interest.
What If the Student Has a Disability?
Disability-related issues require careful attention.
A disciplinary matter may overlap with ADHD, anxiety, depression, autism, trauma, learning disabilities, medical needs, or other conditions. In some cases, the student’s conduct may be connected to an unmet support need. In others, the school may have known about the student’s disability but failed to consider reasonable accommodations.
Private schools are not always subject to the same special education rules as public schools. However, depending on the school, funding, services, and facts, disability discrimination laws may still apply. The analysis can be fact-specific.
Parents should gather:
- Accommodation plans
- Medical or clinical documentation
- Evaluations
- Emails with school staff
- Prior disciplinary records
- Notes from meetings
- Any evidence that the school knew about the student’s needs
For students placed in private special education schools at public expense, additional rules may apply. Massachusetts DESE notes that private special education schools serving publicly funded students with disabilities are subject to separate approval and regulatory requirements.
What Parents Should Do After a Private School Discipline Notice
When a school contacts you about a disciplinary issue, it is natural to want to explain everything immediately. But moving too quickly can sometimes hurt the student’s position.
Parents should consider these steps:
- Ask for the allegations in writing.
You need to know exactly what the school believes happened. - Request the applicable policies.
Ask for the handbook provisions, conduct code, appeal policy, and any other rules the school is relying on. - Review the enrollment contract.
Look for discipline, dismissal, tuition, appeal, and dispute resolution language. - Preserve communications and records.
Save emails, texts, screenshots, letters, portal messages, and meeting notes. - Avoid informal admissions.
Students and parents should be careful about written statements, especially if there may be criminal, college admissions, licensing, or future school implications. - Ask about appeal deadlines.
Private school deadlines can be short. Missing one can limit options. - Consider legal guidance before the student is interviewed.
This is especially important in serious cases involving alleged harassment, sexual misconduct, threats, drugs, violence, or police involvement.
Possible Outcomes of a Challenge
A successful challenge does not always result in a full reversal. Depending on the facts, families may seek:
- Reconsideration of the discipline
- Reduction of an expulsion to a suspension
- Withdrawal in lieu of dismissal
- Neutral language in the student’s record
- Protection of transcripts and recommendations
- A tuition refund or reduced financial obligation
- A transfer plan
- A confidentiality agreement
- Correction of inaccurate records
- Disability-related supports
- A re-entry plan
- A negotiated separation agreement
In some cases, the priority is keeping the student enrolled. In other cases, the better goal may be to protect the student’s record and help them transition to another school with dignity.
What About College and Higher Education Discipline?
Many of the same principles apply to disciplinary matters at private colleges and universities. The stakes may include suspension, expulsion, transcript notations, athletic eligibility, graduate school admissions, professional licensing, immigration status, or future employment.
Massachusetts courts and federal courts have addressed private college discipline through contract and basic fairness principles. As with private K-12 schools, the specific policies, handbook language, and facts matter.
For students in higher education, it is especially important to act quickly. Internal appeal deadlines may be very short, and the record created during the school process may affect any later legal options.
When Should Parents Contact an Education Lawyer?
Parents should consider contacting an education lawyer as soon as the school raises a serious disciplinary concern. Early guidance can help the family avoid mistakes, identify the strongest arguments, and communicate with the school more effectively.
Legal counsel can help by:
- Reviewing the enrollment agreement and handbook
- Identifying whether the school followed its own procedures
- Preparing the student and parents for meetings
- Drafting appeal letters or reconsideration requests
- Communicating with school counsel
- Negotiating withdrawal, record, tuition, or transfer terms
- Evaluating discrimination, disability, contract, or fairness claims
- Protecting the student’s long-term educational interests
Kerstein and Konowitz Law Group Can Help
Private school discipline matters are personal, stressful, and time-sensitive. The decision can affect not only where a student goes to school, but also their confidence, reputation, friendships, college plans, and future opportunities.
At Kerstein and Konowitz Law Group, we understand how much is at stake for families. Our Education Law attorneys help students and parents navigate difficult school disputes with clarity, strategy, and compassion.
Hannah Konowitz, a founding partner of Kerstein and Konowitz Law Group, represents individuals, families, licensed professionals, and organizations in complex education law, employment law, and professional licensure matters. Her approach is client-centered and practical. She listens carefully, helps families understand their options, and works toward solutions that protect both immediate and long-term goals.
If your child has been suspended, expelled, asked to withdraw, or disciplined by a private school in Massachusetts, you do not have to navigate the process alone. Contact Kerstein and Konowitz Law Group to discuss your family’s options.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every matter depends on its specific facts, documents, deadlines, and applicable law.