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My sister's son just turned 17 years old, he was involved in a fight at school. He has been being picked on and bullied for some time now, but my sister have not been making a big deal over it due to the fact that he pretends it does not bother him and that he can ignore it. My nephew and another student began arguing in class, after class while using the restroom the other student entered the restroom area and continued to keep the arguing going. They exchanged a few more words, then the other student ran towards her son. Her son struck the boy in the nose, fracturing his nose. The school called the police and they threatend to arrest her son and gave him a summons to go to court. Now the school system says her son is going to be put out of school and he's now looking at a court date. Does anyone know what the punishment or procedure would/should be in the state of Georgia/Fulton County. What action should be taken on her part to protect her son. Please Help!! All advise would be more than appreciated!
She should get an attorney. I don't know what the law is in that county, but it could lead to expulsion. Many schools have zero tolerance for fighting.
Not only should she get an attorney but she should press the issue with the school. They allowed her son to be tormented to the point where he had to resort to physical violence. There are many adults who would not have shown that much restraint given the situation & anyone who expects a 17 year old boy to is delusional. If he has legal problems then the school should also have to face the consequences of not providing a psychologically safe environment.
My sister and her son attended the school hearing on Friday. The hearing officer were very rude to her and her son. They decided to expell her son, she said it was as if they had already had their mind made up when they arrived. She said they refused to let her make very valid points and continued to ask her and her son to be quiet. How can she bring charges against the school for not providing a stable environment for her child?
Last edited by PhenomenalWoman; 02-24-2008 at 04:32 PM..
Reason: left out a word
My sister and her son attended the school hearing on Friday. The hearing officer were very rude to her and her son. They decided to expell her son, she said it was as if they had already had their mind made up when they arrived. She said they refused to let her make very valid points and continued to ask her and her son to be quiet. How can she bring charges against the school for not providing a stable environment for her child?
Not unusual... school system brings the charges, school system is the prosecutor, school system is the judge and if you decide to appeal, school system is the appealate court.... it is a very unjust system from that perspective. Speak to an attorney and I think they will validate that perspective.
Right get a lawyer involved. See if you can sue them. Sometimes the only way to get things changed is if people are forced to be held accountable for their actions.
It's very hard to "sue" the school system for something like this; however, I would consult an attorney and fight the expulsion. You can also find your state rules for things like this, generally on the state board of ed website. They may outline these procedures for you.
I would like to thank all of you who responded, as this is a very confusing, trying time for our family. We have never had any real legal issues to deal with. Please continue to support us with advice and thanks again!
I don't know if so much you could sue or threaten to sue regarding the school's inability to protect their child which led the situation to culminate to this level. Additionally the child has suffered emotional distress & obvious damages due to expulsion. If it were me I'd get a lawyer well versed in strong arming techniques to basically scare the school into hopefully re-examining their policies and/or cleaning house. I'd even hire someone well versed in media relations to basically force some sort of focus on their behavior. If everything went down as you say it did, this school has serious problems & is not a healthy environment for children to be in.
You also have the right to appeal an expulsion to a court of law. Having been in a bullying/self defense situation with our son (though only 16) I found there are Federal laws about the right to a safe school (FRPA and No Child Left Behind act) and having lived in North Fulton County I believe their school charter/handbook and state laws address this as well. Unless they can PROVE that the child is a persistant danger to himself or others then they don't have a leg to stand on.
Fortunately schools are not omnipitent and all powerful though they sometimes think they are and sometimes they need to be reminded that they work for us and have laws they MUST follow!
Before the teachers and such out there get in an uproar, I'm not saying that everything they do is bad or that they're always wrong but I am saying that they tend to take the easy path to resolution instead of the right path. This may be because they hear the same song all the time, it could be because it's just less trouble but in any case EVERY child needs to be judged on their own merits and ANY case that goes as far as expulsion should be treated as serious as a criminal case.
You may need an attorney, if it were my son I'd get one.
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Just spoke to my sister!
