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Old 01-28-2013, 02:02 PM
 
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Quote:
Originally Posted by MCGINNIS2000 View Post
We talked to the assistant principal today and found out that there will be no criminal charges so I guess that is one hurdle. Now the hurdle of expulsion and juvenile system. We did find one private school that will take him as long as there is nothing else on his record (which there isn't). They said they know people make mistakes.
This is good to hear. What did your lawyer say?
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Old 01-29-2013, 09:57 AM
 
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Most lawyers will offer a free initial consultation of about one hour. I agree with most others here, a lawyer would be very, very helpful for your family, especially your son.

Was the meeting at school yesterday? If so, how did it go?
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Old 01-29-2013, 06:17 PM
 
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Yes, had a meeting at the school yesterday. The school is definitely on our side but it is up to the school board whom we don't meet with until Feb 12th. He started alternative school today (which happens to be in the same school he already attended). He is being allowed to make up all of his work he missed and the teachers are being very supportive. We were told though that even if he was expelled, since he is special eduction because of his IEP, they must provide him an education. That would mean them paying a teacher to come to our house daily to bring his work. It is in his IEP that his graduation exams be read to him so they woud also have to have someone read those to him at home. The assistant principal said right now he is on track to graduate next year (he is a junior) whether expelled or not. Hope he is right.
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Old 01-29-2013, 10:07 PM
 
Location: NoVA
13,471 posts, read 9,050,620 times
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Quote:
Originally Posted by MCGINNIS2000 View Post
I realize him, me, and his dad could still face charges. If it happens, I will face that then. That is not what I need assistance with. I came on here for advice for education reasons from people who have experience with this. I know what my son did was wrong and I should have been more cautious too. I am no arguing that point. If you have a child that has never made a mistake, you have a miracle. However, if you read the attached, it sounds like having an IEP may assist some. If you know anything about this, please let me know.

http://www.alsde.edu/Academy/Law/58%...sabilities.pdf
A couple of years ago my school had a student on an IEP who wrote up a "hit list" that included several teachers and students. My personal opinion is that she was just frustrated and would never carry out that threat, but it had to be dealt with nonetheless. Because of her IEP they couldn't just expel her but they could, and did, send her to an alternative school.

I hate to tell you this, but nearness of this to the Sandy Hook incident is going to make leniency difficult even if the school would like to do so.
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Old 01-29-2013, 10:13 PM
 
Location: NoVA
13,471 posts, read 9,050,620 times
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Quote:
Originally Posted by MCGINNIS2000 View Post
Yes, had a meeting at the school yesterday. The school is definitely on our side but it is up to the school board whom we don't meet with until Feb 12th. He started alternative school today (which happens to be in the same school he already attended). He is being allowed to make up all of his work he missed and the teachers are being very supportive. We were told though that even if he was expelled, since he is special eduction because of his IEP, they must provide him an education. That would mean them paying a teacher to come to our house daily to bring his work. It is in his IEP that his graduation exams be read to him so they woud also have to have someone read those to him at home. The assistant principal said right now he is on track to graduate next year (he is a junior) whether expelled or not. Hope he is right.
Most home instruction is twice a week and you will be responsible for making sure he does the work and the bulk of any instruction he doesn't get on his own. Academically, your son would be better off if you can put him in a private school than that especially if he already has learning problems. Hopefully the school board will allow him to continue to attend the alternate school, that would be the best outcome in this situation. Good luck. Sometimes zero tolerance gets out of hand.
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Old 01-29-2013, 11:17 PM
 
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Don't sign anything admitting he had a gun on school property without clearance from your attorney. The Assistant Principal isn't the local District Attorney, and doesn't have authority over prosecution decisions.
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Old 01-30-2013, 05:33 AM
 
Location: So Ca
12,700 posts, read 12,499,745 times
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Quote:
Originally Posted by MCGINNIS2000 View Post
We were told though that even if he was expelled, since he is special eduction because of his IEP, they must provide him an education. That would mean them paying a teacher to come to our house daily to bring his work.
I don't know what state you're in but in mine, by law, any student up to age 19 1/2 is guaranteed the right to a public education. An IEP or a criminal record have no bearing on that. (Even students who have felonies on their records are entitled to be enrolled in high school courses, although those classes may take place at a camp or juvenile hall.)

Years ago our son had an acquaintance who left a paintball gun in the trunk of his car, someone saw it and a situation similar to your son's occurred. He did have to go to an alternative school but his parents did not pursue anything legally. He did graduate from high school.

Quote:
The assistant principal said right now he is on track to graduate next year (he is a junior) whether expelled or not. Hope he is right.
Are these administrators familiar with your state's public education laws?
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Old 01-30-2013, 06:35 AM
 
Location: St Louis, MO
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Quote:
Originally Posted by CA4Now View Post
I don't know what state you're in but in mine, by law, any student up to age 19 1/2 is guaranteed the right to a public education.
Most states have that, but federal law trumps state constitutions. That is why a firearm on school property is the only possible reason for expulsion in so many states.
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Old 01-30-2013, 07:15 AM
 
Location: So Ca
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Quote:
Originally Posted by marigolds6 View Post
Most states have that, but federal law trumps state constitutions. That is why a firearm on school property is the only possible reason for expulsion in so many states.
What I meant is that a minor cannot be prevented from completing his/her education because of expulsion (due to any reason, including possession of a firearm).
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Old 01-30-2013, 10:33 AM
Status: "Keep your friends close and your enemies closer" (set 19 days ago)
 
Location: North Beach, MD on the Chesapeake
30,262 posts, read 36,648,772 times
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Quote:
Originally Posted by CA4Now View Post
What I meant is that a minor cannot be prevented from completing his/her education because of expulsion (due to any reason, including possession of a firearm).
Actually a regular ed student can be prohibited from entering public school property after expulsion. MD even had to codify that a student expelled from one school system did not have the right to be enrolled in another.

In this case, the student has an IEP which kicks in a whole other set of regulations concerning expulsion and education.
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