Suspended from School for Fighting? What to Do | Education Attorney скачать в хорошем качестве

Suspended from School for Fighting? What to Do | Education Attorney

https://educationattorney.com/ -- What should you do if your child has been suspended from school for fighting? FULL ARTICLE: https://educationattorney.com/school-... If your child is suspended for fighting, you may be able to challenge the disciplinary action against them through an informal suspension hearing or a suspension meeting. In California, students who were simply defending themselves when attacked often receive suspensions for fighting, so it’s essential that you stand up for them as a parent. By challenging the suspension, you may be able to have it revoked and removed from your child’s record. Student Rights The U.S. Supreme Court has determined that, under the Due Process Clause of the Fourteenth Amendment, a student cannot be suspended from a public school without first receiving a meeting or similar process where they can present their side of the story and argue against the suspension. Although schools are not required to provide the same level of due process to students that courts must give to criminal defendants, at the very least, schools must permit suspended students to respond to the allegations against them and present evidence in their defense. Students also have the right to have an attorney or legal representative present at their suspension meeting. California Law on Fighting and School Punishment Under California Education Code 48900, a student can be suspended or expelled for fighting if they do any of the following: Cause, attempt to cause, or threaten to cause physical injury to someone else. Intentionally use force or violence against someone else when not acting in self-defense. Although the law identifies self-defense as an excuse for using force or violence against someone else, California schools are notorious for suspending any student involved in a fight, even if they were not the instigator and actually were defending themselves. If your child has been suspended for fighting in a situation like this, it is absolutely vital that you appeal the suspension. Suspension Process When a student is suspended, the school must provide a written notice explaining the reason for the suspension to their parents. The school should also schedule a suspension meeting or an informal meeting where the student, their parents, and their attorney (if they have one) can tell their side of the story. As a parent, if the school does not provide you notice or schedule a meeting after your child has been suspended, you should promptly send a written request for the school administration to schedule a meeting to discuss the suspension. How to Appeal In California, the principal venue for appealing a school suspension for fighting is an informal suspension meeting. During this session, the suspended student and their parents can meet with the school’s administrators, present their side of the story and defend themselves, and try to persuade the administration to reverse the suspension. The student can also present any evidence that supports their defense and bring an attorney or legal advocate to represent them. FULL ARTICLE: https://educationattorney.com/school-... Have questions? Schedule a free consultation. [email protected] or (619) 323-3200 About EducationAttorney.com & RMO Lawyers RMO LLP serves clients in San Diego, Los Angeles, Santa Monica, Orange County, and communities throughout California. Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation – Trusts and Estates. For a free consultation, call (424) 320-9444 or visit: https://rmolawyers.com