Family/School law

[BO44]

2 boys that were going into their senior year in high school in NJ are charged with a criminal offense -- a non-violent crime (possesion movable property) No court date yet, obviously not convicted. Alleged crime occured in summer while they were employed by the High School. High School is now looking to expell them as students! IS THIS LEGAL?

#1 they were employess working a summer job.

#2 it happened when school was not in session

#3 they have not been convicted and the only evidence is another student's statements

[drcoastline]

I am not a lawyer I am much smarter so I may be wrong but. At this point I do not believe it is legal. I do not think #1 or #2 is relevant any point. #3 may be relevant once they convicted. I would think what ever the item(s) were may also play a roll. Did they take a hazardous substance, something that may be used to manufacture drugs? A computer with confidential information such as personal information or state exam answers? How about high value or hard to replace items? I would think the school would have reason to consider them a liability and a danger to the school and to other students. I don't think they would try to expel them if they stole a library book.

[Clara]

Expelling a student from school these days is virtually impossible. Public schools are required to provide a free, appropriate education to all students, including those with a host of disabilities and criminal histories. Kids who have brought weapons to school, struck a teacher, or shown up drunk or on drugs continue to need educational support from the system and public schools are required to provide it. The question becomes WHERE do the students belong?

Some schools determine that a child who poses a threat to others should be sent to an out-of-district educational environment. Costs to the district can range from $20k-$80k per year, depending on the school. In cases of substance abuse, schools can send a teacher to the student's home for a period of time until such time as the student tests negative for illegal substance. Generally the home tutoring consists of five to eight hours per week, and a parent or adult guardian needs to be present at all times during the home tutoring. Both of these options bring extra costs to districts, all of which are struggling with limited budgets, so the district is throwing this idea out to see if they can avoid the extra expense.

It sounds like this district is betting on the parent not knowing his/her rights. Find an advocate in your area who specializes in educational issues, or an attorney who specializes in school law. The amount of support that the district must provide increases if the child is classified as a special education student and has an "I.E.P.," (Individualized Education Plan) and the accomodations also are greater for students with health issues and the child is granted a "Section 504". Google each of these terms and familiarize yourself with them in the event an advocate finds your child's behavior entitles him to extra protection under the law.

Do NOT trust the school to provide what is in your child's best interests. Parents make the best advocates for their children when they are informed and know what the school is REQUIRED to provide.