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 ?
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.
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
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Sorry...one more question. If her mother requests a formal hearing, is she allowed to go to school until that hearing??
If the hearing is not expedient, then Yes, there should be no undue delay.
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