Expelled without physical evidence...only hear say

[TheresaRC]

What is the name of your state (only U.S. law)? Virginia
My son has been expelled from school, I need advise on this matter. He was expelled due to supposively in possesion of prescription and non-prescription medication. The school administrators searched 3 times and found absolutely nothing in his possession, they not only searched him but also his locker. The school received this information from 'credible students', at least this is what was told to me, but how are these students credible when these students were the ones that once again supposively purchasing the medication from him. The school has given me a copy of these statements, and non of the statements are true....I really need help because they(the school system) has expelled him with no physical evidence of possession of this medication....please advise me of the next step to follow!!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[xylene]

OK

Some starter questions.

Is this a PUBLIC or PRIVATE school?

Following the expulsion, what has your son done for school?

Lastly, are the police involved?

Finally - is there any possible truth to the allegations?

Be intellectually honest this isn't intended to damn your son - For example was the prescription drug allegedly sold one that was prescribed to your son or to a family member or someone he had access to? - But as a parent you don't love your son less by considering the accusation. If this is a cabal by these students and or the admin to frame your son, then why? Did he have problems with these boys? Was the admin 'out to get him' because of previous discipline problems?

[TheresaRC]

This is a public school, the expulsion happened at the very end of the summer. He is awaiting placement, because he is special needs they have to continue to educate him but through alternative schools. The police was not involved in his case, the other students were charged, he was not charged he was expelled. My son takes this medication for ADHD, I watch him take it daily and he does not have access to this medication at anytime, I keep it locked up. He had previous discipline problems at another school, outside of the district that expelled him; when he started attending this school, he was in the 7th grade and because of his age the school past him to the 8th grade in Feb of this year...he was doing well within this school and was getting great grades; which was a big turn around for him coming from C's, D's, and F's. His first report card at the new school was A's, B's and C's. He was well on his way to high school, and then these accussations came about. The other students have been charged by the police and back in school, my son was NOT charged and expelled.

[quincy]

I can give you a little bit of information on Virginia law and student expulsions from school.

There is, first of all, a duty to report prohibited substances if there is any "reason to believe" these prohibited substances exist. Statements made by the "credible" students would be enough to support a reasonable belief. Expulsions can occur upon any finding that a student presents a danger to other students, the faculty or the staff.

Regulation 735-1 of the Virginia Code says that "Students involved in the possession, use, receipt or attempted receipt, purchase or attempted purchase, distribution or attempted distribution of drugs (illegal, prescription and/or over-the-counter), alcohol, inhalant intoxicants, look-alikes, placebos, or paraphernalia, on school property or at school-related activities, or who arrive at school under the influence of same, are subject to suspension or expulsion from school."

Virginia law requires that the School Board expel from attendance any student the Board has determined has violated the Regulation. It is the School Board, the Superintendent of Schools, the Superintendent's designee, the Director of the Office of Student Management and Alternative Programs or an OSMAP hearing officer that have authority to modify the terms of expulsion or the type of disciplinary action taken against a student. These are who you would contact to appeal the expulsion and/or petition for re-admission of your child to the school.

I imagine you received notification prior to expulsion, and you should have had the opportunity to participate in the hearing on any expulsion. It may be wise at this point to consult with an attorney and go over all of the facts of your child's situation, especially if there was no hearing on your son's expulsion and no police charges filed against him. Students who violate the above noted regulation are generally referred to local law enforcement authorities, who will investigate any charges. If your son was not investigated by law enforcement, this fact should, in itself, be investigated.

[TheresaRC]

yes I received notification prior to the expulsion, and yes I had a hearing with the school board, but no there was no charges filed against him at all. My question is what type of attorney, this is what I really want to do. I don't think that this is right. I do understand that the school can go by hear say, but when the other children were charged but was allowed to return to school, I do know this because at the time he was suspended we had a meeting at the school, one of the students(not involved) asked him why he was not back in school, and she also stated the reason why she was asking is because the other students were back. This was in May of this year.

[FlyingRon]

"Education" law.

There are attorneys that specialize in all sorts of bickering with Virginia school systema. You can find them in the yellow pages.

[quincy]

I just noticed your personal "visitor message" to me, Theresa, and I responded to it, but Flying Ron has already provided you with the answer you were looking for.

You will want an attorney who specializes in education law - and there are attorneys who also specialize in special education issues, which may have some benefit to your son in his situation. An attorney who is also a GAL (guardian ad litem) can represent your son and his best interests in this matter.

In addition to checking out the Yellow Pages, you can go to the Virginia State Bar Association site, and you may find you can narrow your search for an attorney through them. The site to visit is [url=http://www.vba.org]The Virginia Bar Association[/url].

You probably should have had some sort of representation at the earlier school board hearing. Now, however, you can work to appeal the expulsion and petition the school board for your son's readmission to the school.

Good luck.

[BOR]

Originally Posted by TheresaRC

yes I received notification prior to the expulsion, and yes I had a hearing with the school board, but no there was no charges filed against him at all. My question is what type of attorney, this is what I really want to do. I don't think that this is right. I do understand that the school can go by hear say, but when the other children were charged but was allowed to return to school, I do know this because at the time he was suspended we had a meeting at the school, one of the students(not involved) asked him why he was not back in school, and she also stated the reason why she was asking is because the other students were back. This was in May of this year.

School supensions/expulsions are also governed under the Due Process Clause of the 14th AM. An attorney who specializes in Constitutional law with an emphasis in education or such may be suitable.