Have Legal Questions? Ask a Lawyer Now.
School systems impose zero tolerance standards to remove the burden of having to make actual decisions. If they had to make decisions on a case by case basis, I suppose that would require too much effort. Heavens knows we shouldn't burden our public school system with having to focus on an individual child's issues.
You need a lawyer. You must realize that their decision has likely already been made... and they are likely going to hide behind their "policy". There will be an administrative appeal available, but in my experience they are rarely successful. You will want your lawyer to be present during all of your meetings with school officials and also during the administrative appeal process. Normally you can then file with your local court to review the school's decision. Your lawyer will describe the specific process for your area.
You are facing an uphill battle. Schools impose these zero tolerance standards so they can sit with you and say things like "I sure wish I could do something ... but my hands are tied."
I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).