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My son, 16, had his vehicle searched today at school. They

thought they found pot it...
My son, 16, had his vehicle searched today at school. They thought they found pot it was tested and was negative. The seeds were destroyed and we can't get a copy of test results yet they have suspended him for three days. Where do I go from here to correct this situation. We have spoke with the school police and as far as they are concerned it is void as results are negative.
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Answered in 13 minutes by:
12/11/2012
BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2,273
Experience: Over 12 years of business and legal experience.
Verified

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

I'm sorry to hear about your son's situation.

BizAttorney :

In order to appeal a suspension, you must appeal the principal's decision to the school district.

BizAttorney :

They have forms that you will fill out and then there will be a "formal" hearing with an arbitrator (who is usually paid by the school) along with your son and the principal.

BizAttorney :

This is somewhat of a kangaroo court though, but is your first option, which must be followed in order to appeal any further.

BizAttorney :

Once the school arbitrator has made a ruling, then you can actually file a suit in court and bring it before a judge.

Customer:

I do understand the proceedue to follow. just want to have correct information to back myself up.

BizAttorney :

I see. You need to contact the school district's office and tell them you want to appeal your son's suspension.

BizAttorney :

They will give you the form to fill out.

BizAttorney :

That is the first step.

Customer:

What things do I ned to tae note of or what paperwork do I need. I have t proof of anything in my defense or against

BizAttorney :

You must call your school district and they will give you the paperwork. It is an appellate form that the school district provides for you.

Customer:

He has finals this week and I am conerned that his grades will suffer and damage has been done that can't be fixed and the longer this process takes the more information an lost and or distorted.

BizAttorney :

The burden is on them, so the important thing is that THEY don't have proof.

BizAttorney :

That could be, which is why you need to appeal immediately.

Customer:

They have suspended him on false pretenses. Even the school police are not sure why they continued to suspend him as they have no evidence.

BizAttorney :

I understand and that is why you must file the appeal as quickly as possible.

Customer:

The damage has been done. After I follow proper channels, which I ill do inthe morning, and they continue to suspend him or realize they were wrong what rights do we have at that point.

BizAttorney :

You can't do anything with the courts until after the school district hearing. But after that hearing, if you don't get the relief you want, you can go to the courts and sue for damages.

BizAttorney :

In court you would file a complaint and name the school board as a defendant.

Customer:

Would you advise since I only have verbal commuication that I keep a record for boththe schools review and i we possibly have to take further?

BizAttorney :

Yes, keep a notebook of dates and names or conversations. This will help you if you do need to escalate and take it further.

Customer:

Thank you for your help.

BizAttorney :

You are very welcome!

BizAttorney :

Good luck and have a good night! Please accept so that I can continue to help others.

BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2,273
Experience: Over 12 years of business and legal experience.
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BizAttorney
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