Can they do this?

[millsx]

What is the name of your state (only U.S. law)? Oregon
My 17 year old son received community service and is being forced to right an apology letter under threat of suspension. He is in trouble for willfully defying a teacher, but the law cited in the handbook was repealed in 1953. Can the school do either of these things, and do I have a case to sue them?
The law is ORS 329.250

 

[TheGeekess]

What is the name of your state (only U.S. law)? Oregon
My 17 year old son received community service and is being forced to right an apology letter under threat of suspension. He is in trouble for willfully defying a teacher, but the law cited in the handbook was repealed in 1953. Can the school do either of these things, and do I have a case to sue them?
The law is ORS 329.250

So, you want to rescue Junior from his actions? Is he that much a speshul snowflake?

What are you going to do when Junior ends up in jail?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Oregon
My 17 year old son received community service and is being forced to right an apology letter under threat of suspension. He is in trouble for willfully defying a teacher, but the law cited in the handbook was repealed in 1953. Can the school do either of these things, and do I have a case to sue them?
The law is ORS 329.250

Perhaps the specific law was repealed, but it doesn't relieve you and your son from responsibility or liability for his actions.

What exactly did your son do that caused him to receive this particular punishment?

 

[PQN]

If my son "willfully defied a teacher", the school's punishment would be the least of his worries. He'd be doing community service, writing the letter of apology, and would have lost his phone, his internet access, etc.


But, yes, if a student defies a teacher, they are well within their rights to punish him.

 

[frylover]

So, DID your son "willfully defy a teacher?"

 

[stealth2]

So what did he do?

Let me tell you a story. Not long ago, *my* special snowflake (17) mouthed off at a teacher, and threw her knee brace at him. (PE class, she's competitive, she can cop an attitude.) I was *shocked* that she was not called to the carpet at school. So *I* did it. Yes, I made her write an apology to be delivered to him, as well as verbally apologize to him in front of the classmates that she disrespected him in front of. And a good talking to at home. Was she happy? Nope. But when behavior is inappropriate? We need to make amends.

And don't get me wrong - we ALL have bad moments. But we need to learn to be responsible for those actions. At 17? Darned straight s/he needs to do so. That you are trying to get him off says more about you and him than it does about the school.

 

[cbg]

Yes, they can do that. No, you cannot sue them - not successfully.

There doesn't have to be a law giving them permission before they can discipline your child. As long as there isn't a law prohibiting it, it's legal.

 

[CdwJava]

WHO is making him do community service? The school? The court?

The school cannot make him do anything. They can apply administrative penalties and if he refuses to comply, they can take further action, but they cannot force him.

Actions have consequences. It is better than he learn this lesson now rather than later. Next time it could be juvenile hall or jail.

As for the code section you cited, it does appear to be outdated. But, who is citing that code section? Is that one the court used? Or someone else?

 

[Eekamouse]

What is the name of your state (only U.S. law)? Oregon
My 17 year old son received community service and is being forced to right an apology letter under threat of suspension. He is in trouble for willfully defying a teacher, but the law cited in the handbook was repealed in 1953. Can the school do either of these things, and do I have a case to sue them?
The law is ORS 329.250

Perhaps if he writes the apology letter, he will learn a valuable lesson that mom apparently hasn't taught him at home. Hopefully, mom will also learn from this experience, too. I'm hoping she'll learn the difference between the words "right" and "write".

(I'm sorry. I don't know why it is bothering me so much lately but it just irks me to death when people use the incorrect spelling of a word.)