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My son was wrongfully brought to court by the school with no

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documentation and absolutely no prevention...
my son was wrongfully brought to court by the school with no documentation and absolutely no prevention or help afterwards
Submitted: 1 year ago.Category: Education Law
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Answered in 5 minutes by:
9/27/2016
Education lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
CalAttorney2, Attorney
Category: Education Law
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
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Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

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Education lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer,

I am very sorry to learn about this situation. Perhaps if you give me a little more information about what happened, as well as the state this occurred in, I can better assist you.

(I do not need identifying information (such as the school or student names), but I do need a little more information about what kind of court proceeding was involved, what kind of allegations were made against the student, etc.).

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Customer reply replied 1 year ago
thank you! We had no prior warning at all that Cj was going to be brought to court. They had no documentation of him being a bad kid other than a couple kids being kids infractions we are in MA Hudson Middle school
Education lawyer: CalAttorney2, Attorney replied 1 year ago

Schools do not generally bring students to court - if your child was charged with a criminal matter, this would be a law enforcement issue.

So, the school can make a report to law enforcement (police or sheriff), and they can make an arrest or issue a citation.

Once the arrest or citation is made, the student would then have a court date.

Do you have more information about what happened?

  • What it was that your son is being accused of?
  • Is he being charged with something in criminal court (above), or is this a civil matter?
  • Was law enforcement involved? (Police or sheriff)
  • Does your son have any paperwork from the court? (Or anyone else)
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Customer reply replied 1 year ago
The school stated he was bullying, but was never charged with it at all before.
Customer reply replied 1 year ago
they stated it was a child in need of assistance but did nothing before or after to help him.
Customer reply replied 1 year ago
no police involved and no court paperwork at all
Education lawyer: CalAttorney2, Attorney replied 1 year ago

It isn't necessary to have prior charges to be charged with something one time (there is no right to a warning).

Regardless of the issue, the school is required to notify the parent of disciplinary proceedings.

You have a great number of rights when it comes to disciplinary proceedings (schools have a lot of latitude in what they can do, but they must follow the procedure).

See: http://www.mhlac.org/Docs/ed_discipline.pdf (There is a lot in this document, but given your son's situation, I recommend reviewing it carefully).

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Category: Education Law
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