Son getting expelled do I useCivil or Ed Law Attorney?

I am in Texas. I need another option other than a IDEA due process through TEA. His school did not complete a manifestation determination review befor they expelled him. I filed twice with TEA and the were worthless. I want to hire an attorney to take it out of TEA and in front of a "real judge". I hired a Educ. Law attorney the first time and he failed to make the expulsion a issue so the hearing officer never ruled. TEA told me to file again on the issue the hearing officer never ruled on. I filed a second due process. The hearing officer dismissed the case based on res judicata. I am tired of getting the run around with TEA. So know my son is going to be expelled if I do not do something. Can a court outside of TEA issue a "stay put" and prevent the expulsion. Both my sons Dr.'s wrote letters to the hearing officer and school stating expulsion would have a harmful effect on his mental progress. Would a civil, ed law or other handle a case like this. Last year he did not take any medication for being bipolar only depression. He became upset when a teacher diciplined him for something he did not do. He wrote "Mrs. Enloe is a -----" by pushed in the coil fins on a big A/C unit. The school called it a retaliation against a teacher which is punishable by expulsion. This year he is taking proper medication, doing wonderful in school and is even playing football again. I feel if I can get his case infront of a judge they would see his behavior last year was a manifestation of his disability. I also feel his current well being should carry some marrit since this incident happened almost a year ago. The school also reported the incident to the police and the DA decided to press charges. I thought a school ccan only expel a student for violating a code of conduct if they have actualy convicted of the crime. We hired a attorney to defend my son against the "damage to school property charge". The DA is calling witnesses because he thinks the issue was blown out of perportion and the actual cost to repair A/C is not as much as the school claims. I do not feel my son should be expelled to a JJAEP if he has not been convicted of the crime. And what if they reduce the charge and it is not a felony any longer which means it would change the code of conduct infraction from expulsion to in school suspension. Please advise we are having the expulsion hearing in a couple of days.
http://www.tea.state.tx.us/special.ed/hearings/pdf/1640201.pdf

Not doing a manifestation determination for a special ed student who is being disciplined is a violation of the laws.

I'm not sure I understand how if your attorney didn't make that one of the issues in due process that that can be considered res judicata. Res judicata, as I'm sure you know, means the issue has already been decided. Sounds like there's some missing info here.

You have to exhaust your administrative remedies first, before going to court, which means you have to go to the expulsion hearing and get a decision there first.

THEN you can go to the courts.

Now, it seems to me that the expulsion hearings would have already been done BEFORE the due process stuff, so again, I'm wondering if there is some information missing there as well.

That's about the best answer I can give you on these facts.

And, yes, I would stick w/someone who KNOWS education law, rather than someone who's going to have to study up on it.

Did your due process lawyer have experience in special ed law or was he just bungling his way through it?