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CalAttorney2
CalAttorney2, Attorney
Category: Education Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My son was wrongfully brought to court by the school with no

Customer Question

my son was wrongfully brought to court by the school with no documentation and absolutely no prevention or help afterwards
Submitted: 4 months ago.
Category: Education Law
Expert:  CalAttorney2 replied 4 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

I am very sorry to learn about this situation. Perhaps if you give me a little more information about what happened, as well as the state this occurred in, I can better assist you.

(I do not need identifying information (such as the school or student names), but I do need a little more information about what kind of court proceeding was involved, what kind of allegations were made against the student, etc.).

Customer: replied 4 months ago.
thank you! We had no prior warning at all that Cj was going to be brought to court. They had no documentation of him being a bad kid other than a couple kids being kids infractions we are in MA Hudson Middle school
Expert:  CalAttorney2 replied 4 months ago.

Schools do not generally bring students to court - if your child was charged with a criminal matter, this would be a law enforcement issue.

So, the school can make a report to law enforcement (police or sheriff), and they can make an arrest or issue a citation.

Once the arrest or citation is made, the student would then have a court date.

Do you have more information about what happened?

  • What it was that your son is being accused of?
  • Is he being charged with something in criminal court (above), or is this a civil matter?
  • Was law enforcement involved? (Police or sheriff)
  • Does your son have any paperwork from the court? (Or anyone else)
Customer: replied 4 months ago.
The school stated he was bullying, but was never charged with it at all before.
Customer: replied 4 months ago.
they stated it was a child in need of assistance but did nothing before or after to help him.
Customer: replied 4 months ago.
no police involved and no court paperwork at all
Expert:  CalAttorney2 replied 4 months ago.

It isn't necessary to have prior charges to be charged with something one time (there is no right to a warning).

Regardless of the issue, the school is required to notify the parent of disciplinary proceedings.

You have a great number of rights when it comes to disciplinary proceedings (schools have a lot of latitude in what they can do, but they must follow the procedure).

See: http://www.mhlac.org/Docs/ed_discipline.pdf (There is a lot in this document, but given your son's situation, I recommend reviewing it carefully).