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Thanks Steve, I was hoping for something a little more about our legal rights. True that there is a stated policy in the handbook and that they have a legal right to expel a student for Education code 48900(b) Possessed...knifes... , of course kids are not not allowed to have weapons at school but the boys only 7. the other charges brought against him are 48900(a) (1) Caused or attempted to cause, or threatened to cause physical injury to another person and 48900(r)(a): Placing a reasonable pupil or pupils in fear of harm to that pupil's or those pupil's person or property, are just not founded and I need something that my wife can use to convince them that he is not a risk. My first assumption was that they wanted to get rid of him, 1. Because the principle wrote on Nates statement that Nate said "If you don't calm down I'm going to kill you" and made him sign it even though that was not part of Nates original statement. 2. they brought up every time Nate has defended himself in a fight since 2008 and 3.Included his grades and ethnicity in the legal documents that we received home as part of the determination process. I don't want Nate to go to the remedial school or have this on his record forever, which apparently it will be as evidenced by the school records produced from 2008. Please keep in mind that Nates only 7.
Thanks Steve, the peace of mind knowing that there really isn't a whole bunch we can do is worth it. I was contemplating getting an attorney but at this point and from what I've read online for our area you are correct that the no tolerance law will only work against us. The best thing we can do is plead with the powers that be to let him stay, if not then home schooling would be our only option as the remedial school would just be a really bad place for my son. Thanks for clarifying. Have a nice evening.
Steve, Just a follow up to let you know how it went. so my wife went to the meeting and as you said we didn't have an attorney so to speak but we did have a police officer that knew us take the report and another person that was on the board the was sympathetic to us. They took the other two charges and just dropped them from the report which was a huge win for us and only kept the possessing a knife charge. Nate will most likely still be expelled but this makes it much easier to get him on home school rather than the Juvenal detention center. He will also be getting some counseling through the sheriff departments counseling center to help with his frustrated anger issues. So it was a win as far as I'm concerned and Nate will get a better one on one learning experience in the future. Thanks for the peace of mind, getting an attorney in my area would have been very, very difficult . Thanks again