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JD, Lawyer
Category: Education Law
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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I am appealing my 8th grade student from getting expelled

Resolved Question:

I am appealing my 8th grade student from getting expelled because he took a sip of another students drink that may have had alcohol in it. What are my rights and my sons rights? The school wants to put my son in an alternative school. This school is for problematic students with much more serious crimes. Not only that this expulsion will be on my son's record. He is not a problematic student and has never gotten involved in any type of drug or alcohol offense. The discipline does not fit the action. A suspension would be accepted but in my opinion not an expulsion and transfer to a problematic school environment.
Submitted: 9 years ago.
Category: Education Law
Expert:  JD replied 9 years ago.
Your school district has a zero tolerance policy?
Customer: replied 9 years ago.
Expert:  JD replied 9 years ago.

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."

Good luck.


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