What is the name of your state (only U.S. law)? Indiana
My grandson had been attacked by other studients at least 8 times. This was because he had broken up with his girlfriend. He is 14. He made the mistake of taking his boy Scout knife to school. Now he is the one in trouble .
What is the law for his offense? He's never been in trouble. What can we do if he kick him out of school? Is there help for his schooling?
It's a criminal offense.
Indiana Code 35-47-5-2.5 A person who recklessly, knowingly, or intentionally possesses a knife on school property, as defined in IC 35-41-1-24.7 commits a Class B Misdemeanor.
I don't think he "made the mistake" of taking his boy scout knife to school. IMO, he meant to take the knife to school. Fortunately, no one was injured by his actions.
Did his parents report the earlier battery incidents to the police? Why not? Not that it would be an excuse for him violating IC 35-47-5-2.5.
His parents should expect for him to be cited into the Juvenile Probation Department in his county for the possible filing of a Formal Petition Alleging Delinquency.
I would expect for the school to suspend him for 10 days pending due process, which means expulsion. If he has never been in trouble before, it's possible that they will allow him to return to school under an Alternative to Expulsion. If he gets offered this, he will probably be required to sign a behavioral contract, and agree that ANY future discipline will result in immediate expulsion. They will most likely also require that he go through counseling and anger management.
His parent needs to request an expulsion hearing with the school superintendent if they do suspend him for that 10 days. If the parent/guardian does not request an expulsion hearing, he will be expelled.
If he has an IEP, they will offer homebound services to him until his period of expulsion is over. If he does not have an IEP, I suggest the parents look into private school or home schooling. He cannot enroll into any other public school in Indiana while he is on expulsion from another school.
I'm a juvenile probation officer in Indiana, and have had a couple clients who committed this same offense.