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Ely, Attorney
Category: Education Law
Satisfied Customers: 102350
Experience:  Attorney in general practice,
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Can a school force a student to attend an after school

Customer Question

Can a school force a student to attend an after school concert? The concert is at 7pm, students were told it was mandatory and if they did not go there would be consequences.
Submitted: 1 year ago.
Category: Education Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) Is this a public or private school?

2) What kind of "consequences," exactly?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
This is a public school. The school would not disclose what the consequences are bit they said that they were for any student not attending the concert.
Expert:  Ely replied 1 year ago.

Thank you. Last question, please. Is this a SCHOOL concert, or a CLASS concert (i.e. a concert being put in by school, a certain class like drama class, or simply some third party concert)?

AND, is this threat against all students, or, simply students of a class (example: art teacher mandates that her students go to the art show)?

Customer: replied 1 year ago.
This is a school concert being put on by other students. The threat is against only 5h grade students. Again this is taking place outside the normal school day at 7pm.
Expert:  Ely replied 1 year ago.

Thank you.

A school cannot do this, arguably. While a school can enforce a student code of conduct outside of school in some situations and a teacher may demand attendance of something outside the school as part of class, a mass demand for students to show is outside the school's ability.

Ergo, the school should not be able to do this. The problem is that since the threat is vague, it is hard to say what they can try to do and what the parents would do if the school did try to punish non-attending students. However the general action would be to appeal to the district, and then if this fails, a Writ of Mandamus in Court.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!