Legal Question in Education Law in South Carolina
Zero Tolerance School Expulsion of a 10 yr. old/ criminal charges, based on hear
My 10 yr. old son was expelled from school for the rest of this year with no alternative school offered.
Charges of Threatening a Public Official were filed.
He was held at school for over 3 hrs. with police called in, before parents were notified. His teacher claims to have heard him say from his desk in the back of the class, ''I'll kill her'', after she humiliated and threatened him with suspension in front of the class to the point of tears for having incomplete homework. No proof was offered us. Mental health clinic evaluations and evaluations by the Juvenile Pre-Trial Intervention Program caseworker show him to be not dangerous and this was an isolated incident of angry words under stress. We have sought help through the ACLU but received no reply. Private attorneys won't take zero tolerance cases. I would like to consider filing lawsuits to get him back in school.
1 Answer from Attorneys
Re: Zero Tolerance School Expulsion of a 10 yr. old/ criminal charges, based on
If your son checks out as mentally fine, then the only defense is that the words were not spoken. There must be an appeals process for the expulsion, and you should follow it.
You state that your son was not found to be dangerous. Was there any indication of a psychological disorder? If so, he may be entitled to alternate education in the least restrictive enviroment if his behavior in making the threat was an outgrowth of a psychological or medical condition.
In any event, you should contact an attorney who is familiar with the education laws of your state. Education laws vary considerably from state to state, and I am not admitted in your state. Zero tolerance may not be the wisest policy possible for the school district, but it is generally a legally permissible one. You may be best served by seeking private education or a public education in another district.
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