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My daughter and two of her friends were suspended 489000(I)

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My daughter and two...

My daughter and two of her friends were suspended 489000(I) the last day of school 45 minutes after the school year was out for showing their bras and flipping the bird. Although my daughter has never been in any trouble I was under the impression that suspension was the last thing after other punishments failed

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Chowchilla California

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

I've spoken to admin who still haven't sent a formal suspension notice. No suspension the violation is for obscene act . When she applies to a university that will look horrible

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My daughter is starting her junior year with AP classes and will fall behind. I live in a small town that's very one sided. She has never been in trouble

Submitted: 11 months ago.Category: Education Law
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Answered in 7 hours by:
8/16/2017
Education lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Education Law
Satisfied Customers: 22,389
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Education lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Thank you for your cooperation,

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Customer reply replied 11 months ago
Is the suspension legal? The girls showed their bras flipping the bird 45 minutes after school year ended. They suspended them for the up coming school year is this legal 48900(I) can I fight this suspension
Education lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Education lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

Is the suspension legal? The girls showed their bras flipping the bird 45 minutes after school year ended. They suspended them for the up coming school year is this legal 48900(I) can I fight this suspension

Response: Unfortunately, the suspension is legal. There is nothing in the CA Education Code that you have cited that requires the school to give the students prior warning before suspending them. However, if you are alleging that your daughter was treated unfairly, you can fight the suspension by raising your concerns to the Superintendent of the School District.

Best wishes,

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Customer reply replied 11 months ago
What about a uniform complaint procedure? The principal took the picture personal it was not aimed at him it was frustrated kids making a mistake the last day of school I never along with the other kids received what about 48900.5 (a)
Education lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

Thank you for the information. However, I am unable to further assist. So, I will opt out to give another Attorney the opportunity to further assist you.

Goodluck with your case,

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Education lawyer: legalgems, Lawyer replied 11 months ago
legalgems
legalgems, Lawyer
Category: Education Law
Satisfied Customers: 13,698
Experience: Just Answer consultant at Self employed
Verified

I see your other contributor opted out; I will do my best to get you this information.

I am sorry to hear you and your child is having to deal with this.

The statute does allow for suspension for conduct occuring on school grounds provided the suspension is limited to 5 days if there is no recommendation of expulsion.

The statute also states:

(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=48900.

48900.5 states: Suspension shall be imposed only when other means of correction fail to bring about proper conduct. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons or property or threatens to disrupt the instructional process.

Those subsections refer to issues such as personal injury, property damage, controlled substances, robbery.

But the catch all is the "or threatens to disrupt the instructional process" - which allows the principal to determine if the conduct was the type that would affect the learning process. The parent could argue that since school was out (it did not occur in the classroom) that it was not appropriate to not first attempt other disciplinary actions per the statute but school districts have successfully argued that misconduct that occurs outside the classroom carries over to inside the classroom (ie hostile environment, harassment, etc).

That would be a question of fact for the courts to determine if the parties are not able to reach an agreement at the local level. The principal or the board has the authority to vacate the suspension and impose conditional community service, and once that is completed removing the suspension from the student's record.

I certainly hope this helps!

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Thank you and take care.

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Education lawyer: legalgems, Lawyer replied 11 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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