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  1. #1
    baccef is offline Junior Member
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    Question son suspended/pending expulsion.

    Florida:
    My son was suspended for making comments about a male teacher/counselor.On feb 8th and 9th statements were taken from several students and teachers.M son was met at the bus on Feb. 9th and taken to a room where he was told to write a statement.He wrote his statement.Then the Dean told him she wanted him to write down that he had said certain words.He refused.She then told him "you will just sit here then".He was kept there the entire day and not allowed to go anywhere without an escort.We questioned Student Services about this & they were not aware of it.They pulled up the attendance report and it shows in Office the entire day of Feb. 9th.
    The charge is False Accusation Against Teacher.Our son denies that he said the things in the report.We were told that several teachers heard him say terrible things about the teacher.Their statements make no such mention of any suh graphic lanquage.
    We are concerned about the fact that it seems the school erred in detaining him the whole day.We were not advised of this fact.We were ask to come in for a conference on the 10th and then being told he was being suspended 10 days.It is now March and we won"t have a closed hearing for another 2 weeks.We were also told that if we bring counsel our case will be heard last.
    Any suggestions or references on case law would be greatly appreciated.I saw a reference on a decision by the Florida State Attorney General saying that they had ordered(?) that Expulsion hearings must be open.The reference was,1991,15:8,P.2. I am not sure what that reference no. pertains to.
  2. #2
    Perky is offline Senior Member
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    Quote Originally Posted by baccef View Post
    Florida:
    My son was suspended for making comments about a male teacher/counselor.On feb 8th and 9th statements were taken from several students and teachers.M son was met at the bus on Feb. 9th and taken to a room where he was told to write a statement.He wrote his statement.Then the Dean told him she wanted him to write down that he had said certain words.He refused.She then told him "you will just sit here then".He was kept there the entire day and not allowed to go anywhere without an escort.We questioned Student Services about this & they were not aware of it.They pulled up the attendance report and it shows in Office the entire day of Feb. 9th.
    The charge is False Accusation Against Teacher.Our son denies that he said the things in the report.We were told that several teachers heard him say terrible things about the teacher.Their statements make no such mention of any suh graphic lanquage.
    We are concerned about the fact that it seems the school erred in detaining him the whole day.We were not advised of this fact.We were ask to come in for a conference on the 10th and then being told he was being suspended 10 days.It is now March and we won"t have a closed hearing for another 2 weeks.We were also told that if we bring counsel our case will be heard last.
    Any suggestions or references on case law would be greatly appreciated.I saw a reference on a decision by the Florida State Attorney General saying that they had ordered(?) that Expulsion hearings must be open.The reference was,1991,15:8,P.2. I am not sure what that reference no. pertains to.
    I'm a little confused about what you really want. However, I did check the statute. Closed sessions are allowed for expulsion hearings, although it seems that parents may opt for an open hearing.

    1006.07
    District school board duties relating to student discipline and school safety.—The district school board shall provide for the proper accounting for all students, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students, including:
    (1)CONTROL OF STUDENTS.—
    (a)Adopt rules for the control, discipline, in-school suspension, suspension, and expulsion of students and decide all cases recommended for expulsion. Suspension hearings are exempted from the provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and are exempt from s. 286.011. However, the student’s parent must be given notice of the provisions of s. 286.011 and may elect to have the hearing held in compliance with that section. The district school board may prohibit the use of corporal punishment, if the district school board adopts or has adopted a written program of alternative control or discipline.
  3. #3
    cyjeff is offline Senior Member
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    And if your son made a threat that was heard by several teachers, suspension pending expulsion was exactly the correct response.
  4. #4
    baccef is offline Junior Member
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    Smile NO Threat

    That was the reason for my concern on being held all day.He never threatened anyone.No one has ever said he threatened or was a threat.He voiced his opinion about a teacher to friends and was overheard.
    We are looking for some ideas as how to handle this.It seems under the new guidelines of the schools you are guilty until proven innocent.
    My son was held for refusing to write what the Dean wanted him to write.That seems to me that it would be just a little bit illegal to force someone to write something they don't want to.On top of that, he was punished when he refused.
    We have already overturned 1/2 of the case.I am now trying to get this part overturned.
  5. #5
    OHRoadwarrior is offline Senior Member
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    From experience, you won't truly win this.
    Take an attorney and negotiate at the minimum suspension served and expulsion to be held in abeyance. This will allow your son to continue attending classes as long as he stays out of trouble. Act casual, they will drag their feet, wanting you to flip out because you are paying an attorney by the hour. If you are calm and relaxed about that, the superintendent will be the one getting aggravated.

    If this continues beyond the expulsion/abeyance period, ie, you feel he is being targeted, send in a letter that you have advised him to exercise his right to remain silent and further that no school employee, agent or police officer is permitted to question him outside of your presence, for anything not directly academic related.

    My son was targeted due to seizure activity and its results. He was one of five on honor role last semester, now that certain admin were forced to backoff.
  6. #6
    stealth2 is offline Senior Member
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    Quote Originally Posted by baccef View Post
    That was the reason for my concern on being held all day.He never threatened anyone.No one has ever said he threatened or was a threat.He voiced his opinion about a teacher to friends and was overheard.
    Well, why don't you share what it was he DID say? I have an idea, with some reading between the lines, but would prefer not to speculate.
  7. #7
    Humusluvr is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    Well, why don't you share what it was he DID say? I have an idea, with some reading between the lines, but would prefer not to speculate.
    It's funny you say that, I was questioning the same thing. Due to the fact the OP pointed out that the teacher was male, I inferred that the student remarked on sexual identity. Which can ultimately be seen as harassing behavior, hence the expulsion.
  8. #8
    AdivceGiver is offline Member
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    Go see an attny where you can voice all the facts; no one here can help you.
  9. #9
    Humusluvr is offline Senior Member
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    Quote Originally Posted by AdivceGiver View Post
    Go see an attny where you can voice all the facts; no one here can help you.
    We can advise them here - when they answer the questions. No one will "take her case," but we can certainly offer suggestions.

    Like suggesting you spell advice correctly.
  10. #10
    Antigone* is offline Senior Member
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    Quote Originally Posted by Humusluvr View Post
    We can advise them here - when they answer the questions. No one will "take her case," but we can certainly offer suggestions.

    Like suggesting you spell advice correctly.
    Humus, remember the saying beating a dead horse... Well, Adivce is that dead horse. Not much credibility, not much at all.
  11. #11
    baccef is offline Junior Member
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    Smile No Threat

    The point for clarification was about him being held all day & told to write a statement with words that were not true.He refused and the teacher told him "then you will sit here all day".
    I was contacted by an Education Attorney.That action constitutes Coercion, to compel onyone by force,intimidation or authority or forced to behave in an involuntary manner.
    As far as I know we still have a Constitution.When these kind of things are allowed to go unpunished we have lost our liberty.
    I spent 20 yrs in the Air Force fighting for the freedom these people have.
    To all of those who posted thank you.
    I have an Attorney on it!!
  12. #12
    cyjeff is offline Senior Member
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    Quote Originally Posted by baccef View Post
    The point for clarification was about him being held all day & told to write a statement with words that were not true.He refused and the teacher told him "then you will sit here all day".
    I was contacted by an Education Attorney.That action constitutes Coercion, to compel onyone by force,intimidation or authority or forced to behave in an involuntary manner.
    As far as I know we still have a Constitution.When these kind of things are allowed to go unpunished we have lost our liberty.
    I spent 20 yrs in the Air Force fighting for the freedom these people have.
    To all of those who posted thank you.
    I have an Attorney on it!!
    Still noticing that you haven't told us what he said.

    Did you think we forgot?

    I am guessing that, if it wasn't a threat, your son harassed the teacher by saying something inappropriate about his personal life.

    How close am I? Nah, you won't tell.
  13. #13
    baccef is offline Junior Member
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    Smile No Threat

    Sorry.Not the question I was asking for an answer to.You need to reread the post.
    Anyway I have an Education Attorney eager to pursue this .The case as it turns out will be on Coercien and possibly False Imprisonment.
    It is very interesting how people jump to conclusions.Unfortunately, it shall remain a mystery to you.

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