Legal Question in Education Law in Florida

Zero Tolerance/Civil Rights

My son was expelled from school because a comment he made to another student concerning shooting "jocks" and "preps" was overheard by another student who informed her parent that she was "fearful of going to school" because she thought my son was serious. This led to the principal calling me to say he was suspended for a ten day period. After talking to the principal, I got the impression she was going to expel him imeediately. She said he made a threat to other students with his comment. I got a lawyer, went to a board meeting, he was expelled. I have no final order to appeal this case. It has already been two months and four days since his expulsion. The lawyer I got was a criminal justice lawyer, therefore, he cannot appeal the case. I need a lawyer who can take it to appealate court.

Thanks in advance,


Asked on 2/18/00, 12:17 am

1 Answer from Attorneys
Kathleen Loyer Law Offices of Kathleen M. Loyer

Re: Zero Tolerance/Civil Rights

You should contact an organization called COPAA. They have a website "copaa.com".

This is a group of parents, attorneys and advocates that represent children. The organization is based in Florida.

There is a listing of attorneys that represent children in educational matters.

Education has been determined by the courts to be a protected property right. As, such it cannot be denied to your son without proper due process. Depending on your state's education code, which would dictate what due process is required in disciplinary actions, an attorney should be able to discern if your son's rights were violated and what can be done. The length of time you describe does seem inordinate. And appeals are usually part of due process.

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Answered on 2/27/00, 12:44 pm


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