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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Education Law
Satisfied Customers: 17458
Experience:  B.A.; M.B.A.; J.D.
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Does a SC Charter School have to provide a parent/guardian

Customer Question

Does a SC Charter School have to provide a parent/guardian with documentation stating why the child has been expelled and or why a child cannot return to the school for a new year? Also, can a child be expelled from school because of social media pictures,
and if so does the school have to provide you the evidence of what was used to determine the expulsion?
Submitted: 1 year ago.
Category: Education Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Does a SC Charter School have to provide a parent/guardian with documentation stating why the child has been expelled and or why a child cannot return to the school for a new year?
Response 1: Yes.
Also, can a child be expelled from school because of social media pictures,
and if so does the school have to provide you the evidence of what was used to determine the expulsion?

Response 2: Yes and Yes. See South Carolina Code of Laws Title 59 Chapter 63 Article 3 Sections 59-63-210 and 59-63-217:
http://www.scstatehouse.gov/code/t59c063.php
Customer: replied 1 year ago.
He has not been expelled. The school is saying I can withdraw him, nothing has been given to me. The pictures that were shown to me does not have the comment " we are going to have fun at gray" on them. Because of that comment and the picture is why they are saying I could remove him. Where does it make the school right in their process. Plus this happened outside of school over the summer?
Expert:  Phillips Esq. replied 1 year ago.
He has not been expelled. The school is saying I can withdraw him, nothing has been given to me. The pictures that were shown to me does not have the comment " we are going to have fun at gray" on them. Because of that comment and the picture is why they are saying I could remove him. Where does it make the school right in their process. Plus this happened outside of school over the summer?
Response: You do not have to withdraw him from the school. The school must offer due process BEFORE he can be expelled and that means providing concrete evidence of his offense and holding a hearing in the case.
The school can expel a student for activities outside the school if the activities violate the school's rules of conduct. If you do not have a copy of the rules, now is a good time to request for a copy so that you can thoroughly review them to make sure that the school is acting within the rules.
Customer: replied 1 year ago.
The school only has a handbook. Is that tge same as code if conduct? It's a SC Charter school. How does that work?
Expert:  Phillips Esq. replied 1 year ago.
The handbook can also function as a Rules Book.

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