GRADE 9 STUDENTS ARE EXPELLED FROM SCHOOL FOR 1 WEEK FOR USING SOCIAL NETWORKS TO STIGMATIZE SCHOOL UNIFORM REGULATIONS, PARENTS FILE A LAWSUIT AGAINST THE SCHOOL FOR VIOLATING THEIR CHILD’S RIGHT TO FREEDOM OF EXPRESSION?

The use of social networks by students to refute or criticize school regulations is no longer a rare story in the digital age. However, the line between the exercise of freedom of expression and violations of school discipline is often blurred, leading to sharp conflicts between schools and parents.

1. Summary of the actual situation (The Case)

M.A (a 9th grade student at a secondary school) was dissatisfied with the school’s new uniform regulations, posted an article on her personal social network with harsh and stigmatizing this regulation. After discovering the incident, the school’s Board of Directors held a disciplinary committee meeting and issued a form of suspension of 01 week for M.A.

Believing that the school handled it too harshly, infringing on the right to freedom of expression and directly affecting the child’s right to study, M.A’s parents filed a complaint, protested against the disciplinary decision and threatened to sue the school to the competent authority.

Let’s analyze a real situation below with MSc. Nguyen Huu Long to find a complete solution both logically and emotionally.

2. Legal perspective – “Solid shield”

From a legal perspective, the consideration of the legality of the disciplinary decision needs to be based on a balance between children’s fundamental rights and the obligation to comply with school rules.

Regulations on children’s right to express opinions and students’ obligations:

According to Article 33 of the Children’s Law 2016 (amended and supplemented in 2025): Children have the right to express their opinions and aspirations on issues related to children; have access to age-appropriate information; freedom of expression within the framework prescribed by law.

According to Clause 2, Article 82 of the Law on Education 2019 (amended and supplemented in 2025): Learners are obliged to respect teachers, officials and employees of educational institutions; to abide by the rules, charters and regulations of the educational institution; comply with the provisions of law.

Principles for applying disciplinary measures to students:

According to Article 33 of the Law on Children 2016 (amended and supplemented in 2025):

“Article 33. The right to access information and participate in social activities

Children have the right to access complete, timely and appropriate information; have the right to search and receive information in all forms as prescribed by law and participate in social activities suitable to the age, maturity, needs and capacities of children.”

Apply to the situation:

Children’s right to freedom of expression under Article 33 of the Children’s Law does not mean the freedom to use defamatory or offensive words against organizations or individuals. However, the fact that the school immediately applies the form of “expulsion for 1 week” without going through the steps of support, psychology or education to adjust attitudes is not really in line with the principle of education for the best interests of children according to the Education Law.

Legal conclusion:

According to Clause 2, Article 82 of the Law on Education 2019 (amended and supplemented in 2025) and Article 33 of the Law on Children 2016 (amended and supplemented in 2025), students have the right to express their opinions but must comply with the rules and laws. The school’s application of the form of suspension of 1 week when the education, reminder and dialogue process has not been fully implemented is somewhat coercive, easily leading to legal risks when parents complain.

3. Perspective of Psychology – Education – Governance – “The Key to Humanity”

Psychological & Educational Aspects (Ethics of Conduct)

The age of grade 9 students (14–15 years old) is a period of strong psychological fluctuations, high need for self-assertion and easy to outburst emotions in cyberspace. The use of social networks to stigmatize schools stems from a lack of digital behavior skills and a reaction psychology. If the school responds with an expulsion punishment that pushes students away, it is easy to sow opposition, hurt and exacerbate the conflict.

Humanities education is about helping children understand the limits of freedom: Freedom of speech must come with responsibility and respect.

In terms of asset risk management

The conflict between internal school discipline and children’s personal freedoms online: The management lesson here is that schools need to clearly identify the boundaries between handling disciplinary violations and respecting children’s personal rights. If not skillful, rigid behavior will turn an internal violation into a risk of a media crisis and a legal risk that damages the image and reputation (intangible assets) of the school.

4. Comprehensive solution of Expert Nguyen Huu Long

In order to completely solve both “reason” and “love”, MSc. Nguyen Huu Long proposed 03 steps to handle risks and reconcile:

Step 1 – Organize a humane reconciliation dialogue: The school board of directors actively invites parents and M.A students to attend the closed dialogue. The school clearly explained the meaning of the uniform regulation as well as the harm of misusing social networks; at the same time, listen to the legitimate thoughts and aspirations of students.

Step 2 – Adjust educational disciplinary measures: Revoke/adjust the decision to suspend school for 1 week. Instead, apply a reminder, ask M.A to do a topic/harvest on “Culture of behavior in cyberspace” or participate in community support activities at school so that he realizes his mistakes.

Step 3 – Supplement the process of school psychology management and counseling: Review and promulgate clear regulations on the use of social networks for students; establish periodic feedback boxes/dialogue channels on school regulations and promote the role of the school psychology counseling department to promptly support conflicts and risks that arise.

Message: The ultimate purpose of discipline in education is not to punish or eliminate, but to orient, understand and help children grow up in respect.

EXPERT PERSPECTIVE:

This article is based on the professional consultation and advice of MSc. Nguyen Huu Long – Expert in Leadership, Legal, Psychology & Education. With a multi-disciplinary integrated mindset, we not only provide a solid legal shield but also provide comprehensive risk management and psychological empathy solutions for the sustainable development of the community.

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