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FAMILY EXPERT
FAMILY EXPERT, Lawyer
Category: Family Law
Satisfied Customers: 450
Experience:  New York Attorney
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This may not even be the right category to be asking this question.

Resolved Question:

This may not even be the right category to be asking this question. But this is the situation. My good friend is single mom, volunteer military and airport TSA has a daughter in tenth grade. Her daughter is in the marching band at school and stays after school sometimes to attend games, etc.

The school has recently been trying to "bust" some students selling drugs...etc. Last Friday, the school videoed my friends daughter get into a vehicle with her friend while her friend purchased marajuana. Afterwards, she left with her friend to go to a fast food restaurant. They proceeded to smoke the pot. They then went back to school.

When they arrived back at school, they were questioned by the asst principal, etc. My friends daughter confessed that she had smoked some pot, etc. She was expelled and all involved.

This all took place after school hours.

My question is this, my friends daughter did not purchase the drugs....she only admitted to smoking, but not on school grounds. Technically, she didnt have to come forward with that admission (so I give her credit for that). Can they actually expel her?
Submitted: 2 years ago.
Category: Family Law
Expert:  FAMILY EXPERT replied 2 years ago.

Good Day ,

I am a US Attorney and I'll be answering your question today.

Can you tell me whether the school is a public or private school ?

Did she admit to smoking on school grounds or was she off campus ?

Is there a written school moral and disciplinary guide ?

Thank You

Bob

 

Customer: replied 2 years ago.

The school is a public school. And she admitted to smoking off campus, when she was at the fast food restaurant. This is a first offense. But since she isnt "selling" drugs, and since she didnt possess them at school or distribute, and since she isnt a safety hazard to anyone, I cant see why she would be expelled.

Expert:  FAMILY EXPERT replied 2 years ago.

Yes you will need to get a copy of the school's disciplinary code. The Headmaster shall be able to provide you with a copy. Thereafter you may look into whether judicial review of the school's decision is an option for you, as the substantive rights of the child have been effected here without any procedural due process. At the least she is entitled to a full hearing before being suspended from the school and is entitled to employ the services of an Attorney at any hearing in which she stands to expelled from the school.

You first step would be asking for a full hearing from the principal in charge and making a formal complaint to the city educational and State educational board.

Please contact me or just answer again on a follow up in the future.

This is not legal advice you need to consult a local Attorney

Please RATE my answer now either GOOD or EXCELLENT , so that I get credit for this answer and leave a BONUS if possible

Customer: replied 2 years ago.

Sorry...one more question. If her mother requests a formal hearing, is she allowed to go to school until that hearing??

Expert:  FAMILY EXPERT replied 2 years ago.

If the hearing is not expedient, then Yes, there should be no undue delay.

Thank you

THis is an HONOR system , so RATE this service GOOD or EXCELLENT and don't forget to leave a BONUS/TIP

Bob

FAMILY EXPERT, Lawyer
Category: Family Law
Satisfied Customers: 450
Experience: New York Attorney
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