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The Fairfax County School Board issued a long term suspension…

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The Fairfax County School Board...
The Fairfax County School Board issued a long term suspension without advance written notice from the School Board, as required by VA Code 22.1-277.05. Then at the hearing for expulsion, in which they also claim to have incorporated the hearing for the long term suspension, they introduced a charge that wasn't presented in what they claim was the written notice from the principal (who doesn't have the authority to issue written notice anyway, which is why what they claim was notice wasn't notice anyway). Then they issued a decision (11 days later) that relied in part on the new charge.

A due process case against the school board? If not, what is due process?
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/19/2010
Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

 

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

 

It appears that the School Board has denied the student due process and is violating its fiduciary duty to the student.

 

You can consider an action for breach of fiduciary duty. The School Board has a fiduciary duty to the students and parents. One of those duties is to enforce all the rules and restrictions fairly and nondiscriminatorily and to act in the best interest of all students.

 

You may consider writing the board a letter, rrr stating that they are in violation of their fiduciary duties and are acting outside the scope of their authority. If they do not correct their actions, you may have to file suit.

 

I hope that the information which I provided was helpful to you.

 

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

 

Thank you,

FLANDNYLAWYER

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Customer reply replied 8 years ago
Fiduciary duty? I haven't seen any statement about fiduciary obligation (e.g., that which governs a firm's decision toward its shareholders) as governing the actions of the school board.
Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
A fiduciary duty exists in any relationship where one person has an obligation to act for another's benefit. It is not limited to the corporate setting. A fiduciary relationship extends to to any relationship in which one side places confidence in the other and such confidence is accepted.
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