Legal Question in Education Law in New York

Airsoft Gun at school
Without my knowledge, my 12 yr old son took his new airsoft gun to school to show his friend. After school, a boy grabbed him, while the another attempted to take his airsoft gun out of his bookbag. Even though my son walked home that day, the bus driver alledges to have seen the gun and reported it to the principal. The next day at 11:30a.m. the assistant principal called me and I met with the principal of the school at 1p.m. My son had been in ISS for over 3 hours before they called me. Although I do NOT agree with what my son had done, I am upset with the way the school handled the situation. They had questioned him and the witnesses and I was the last person to know about it. The incident happened as my son was leaving school. They suspended him from school for 5 days and they will be holding a Administrative hearing. The principal wants me to bring the gun to the hearing and prove it was an airsoft gun. I feel as if they are asking me to provide the evidence for the school. Im not really sure what mine or my sons rights are in this situation, but I would have thought they would have actually had to catch him with the gun to take action against him. They even searched his bookbag the day after the fact and he did not have it.

Asked on 3/27/09, 6:50 pm

jeffrey lazroe Jeffrey A. Lazroe attorney at law

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Re: Airsoft Gun at school

They say, even the biggest fish in the sea doesn't get caught if he doesn't open his mouth.

Your child is in trouble. He should have a lawyer.

What is the school policy concerning the "airsoft"gun.

By bringing it to school you could be giving the school the necessary proof to suspend your son for the rest of the year.

He may have to repeat the grade.

If you would like to discuss the matter further, please feel free to contact me.

Answered on 3/30/09, 10:00 am

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