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MIAMILAW1127, Lawyer
Category: Education Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My 6th grade son was suspended from school because he was

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My 6th grade son was suspended from school because he was defending himself at a Charter school in North Carolina. Another child threw an orange at my child and my son threw it back at him, the other child then threw a water bottle at my son, my son walked over to him and he punched my son in the stomach, to which my son defended himself by punching the other boy in the face. As parents we are not in agreement with the suspension because my son was defending himself. Every action will have a reaction. The school still insist on suspending him despite us going over to the school to discuss the matter. The school says they have a no fighting policy hence the suspension. Both boys even agreed that they were goofing around and it got out of hand and they both will accept silent lunch but the school is insistent on a suspension. Should we abide by the suspension or allow our child to attend school. The principal is away but we are meeting with the board, do we have any grounds on lifting the suspension?

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can try to argue against the suspension. However, because this is a charter school, they ultimately have the final say in what is going to happen. You cannot force your son to attend if the school decides to suspend him once the school reviews the facts and you meet with the board. In other words, the only thing you can do is petition the school to lift the suspension, but they have no legal obligation to do so.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 9 months ago.

Can we pose any legal action against the school?

No because the school has not broken any laws.

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