Legal Question in Education Law in California

My 14 year old son has been suspended for 10days from his school and now the School District wants to put him up for expulsion. My son had brought to school a knife he found over the weekend and next day he put in his backpack and after lunch recess he and his two friends went to the restroom and he show the two student the knife then my my put the knife up to one of friend neck and said don't move then they both starting laughing and went to there next class. then during his last period he poked the other boy in the leg with the knife. Then my son went to put the knife in his pocket at which time the fell out of his pocket the teacher then walked over and took the knife away and put it in her desk. After class my son walked over to the teacher and said is there anyway that my mother doesn't have to know about this. At which the teacher said sorry I have to report this to the Principal. Then my son and his to friend the boys that were in the bathroom with earlier in the day walked home with as they do every day . So I asked my what were you boys doing after school that he said the talking and laughing that miguel was going to get suspended. and now the principal had both boys write a letter as what they remebered of what happened the day before with my son in ther restroom.


Asked on 10/05/09, 6:38 pm

2 Answers from Attorneys
Michelle Ball Law Office of Michelle Ball

Hello;

This is a serious situation and attorney assistance is highly advised.

What happens to your son next depends on many things. If it is proven (at the hearing) that he "brandished" the knife, he is mandated to be expelled. Even in that case, an attorney can still try to negotiate a better (or at least the best in the situation) outcome depending on his history, the facts, etc.

For simple possession, he may or may not be expelled. There are so many aspects to knife expulsions, what constitutes a knife/dangerous object, etc. and expulsion hearings themselves, that it is difficult to cover in this forum. There is a lot you need to know.

For now, take this seriously and do consult an attorney at your earliest convenience, who knows what they are doing.

Michelle Ball

California Education Law Attorney for Students, practicing statewide since 1995

http://www.edlaw4students.com

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Answered on 10/05/09, 7:48 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

I'm not sure what you want. Indeed, this is a serious offense. You will need an attorney to prepare for discussions or a hearing on the expulsion.

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Answered on 10/05/09, 8:12 pm


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