Legal Question in Education Law in Pennsylvania

Fighting back on the school bus when the child is a repeat offender

What are the laws pertaining to a child in Middle school fighting back when both are ''repeat'' offenders and one of them has gotten hit 3 times before striking back? This has been brought to the schools attention and there are no assigned seats, plus the bus driver started driving while the child that was stricken was standing. She also saw the whole thing happen and never stopped till after the fight was over. Now they are requesting a hearing for the child that was hit and struck back. The other offenses for the child that hit back were due to him sticking up for other smaller children that were getting hit by this same child.


Asked on 5/20/04, 10:47 am

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Fighting back on the school bus when the child is a repeat offender

You don't indicate what kind of "hearing" you're talking about (i.e., hearing before a District Justice or a disciplinary hearing before the principal or a hearing before the school board for expulsion.)

If you're talking about a school hearing, then the answer would lie in the school's code of conduct, subject to state law regarding due process.

If you want to email me more specifics, I inform you of the procedural requirements.

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Answered on 5/20/04, 10:54 am
Ilene Young Young Law Offices

Re: Fighting back on the school bus when the child is a repeat offender

Under the Pennsylvania Code, there are hearing requirements which accompany certain disciplinary actions the school may be considering. If they are considering a suspension, you will be given an informal hearing. If it is this type of hearing, you should receive written notice of the discipline being considered and the reasons for it. The student has the right to produce witnesses and question witnesses. The purpose of these informal hearings is to offer the student and his parents the opportunity to explain his behavior and why he may not deserve the discipline being considered.

Most of the specific regulations or rules regarding behavior and discipline (with the exception of weapons and drug issues) are made and imposed at the school board level. You should be able to check with your particular school district for more information.

In most localities, there are attorneys who are familiar with suspension and expulsion matters in their area. It would be advisable for you to consult with an experienced professional for advice directly related to your own district and circumstances.

Ilene Young, Esquire/ Civil & Family Practice

215-444-0445

Special Education Law & Advocacy

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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Answered on 5/20/04, 8:15 pm


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