Legal Question in Education Law in Maryland
Search and Seizure in public school system
Recently my son was expelled from public school for having a B.B. gun in school. It looks as if he will not be able to continue school in the state because of their "Zero Tolerance Policy". He has a clean record, and did not use the gun in a threatning manner. He merely did an unsmart kid thing. He is 10 years old.
A teacher sent another kid into my son's book bag without his permission looking for a book and they found the B.B. gun. Since a 10 year old has to deal with very technical policies, Must the school adhere to Search and Seizure laws? I need him in school.
Your help would be greatly appreciated.
1 Answer from Attorneys
Re: Search and Seizure in public school system
Well, if the teacher asked the student to "search" your sons bag, that could be state action and be actionable.
However, It is a a long road and one that will take alot of time and effort to investigate and or litigate.
As for the zero tolerence policies, there are some suits in other jurisdictions regarding this type of policy.
It has been challenged as being unconstitutional. I am unsure of the outcomes of those cases, but I do have a way of finding out.
I would recommend seeking the advice of counsel, some attorneys will be happy to give a free consultation. Furthermore, some school districts may be willing to work out an arrangement to get your son back in school.
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