CA 12 yr old facing expulsion for posession of a knife

[nate secor]

California,

My 12 year old son was caught with a knife at school. He did not brandish it, but was in posession of it. Wrong for sure. His current choice is take a chance at the district and get the 5 day suspension he has already received (win), or get expelled for up to 12 months and have his record tarnished forever (lose).

Option 2. Take a 6 month expulsion by waiving all rights, and have the expulsion expunged once the work is completed.


The problem I have is he had no intent for harm. California law state two requirements must be met for expulsion for posession.

1. Other means of correction are not feasible or have repeatedly failed.

2. Due to the nature of the violation his presence would cause danger to others or cause disruption.

This is because it is a lesser offense than brandishing the weapon. However, both of these things are listed and the vice principal stands that both of these are true based on the incident alone. Meaning, he has no other violations or infractions. IN his letter he leaves out "repeatedly" but the education department clearly has the word in the requirement.

My question is do I get a lawyer and fight this, or do I just let them win and back out and take the six months?

Thanks in advance.

 

[Zigner]

California,

My 12 year old son was caught with a knife at school. He did not brandish it, but was in posession of it. Wrong for sure. His current choice is take a chance at the district and get the 5 day suspension he has already received (win), or get expelled for up to 12 months and have his record tarnished forever (lose).

Option 2. Take a 6 month expulsion by waiving all rights, and have the expulsion expunged once the work is completed.


The problem I have is he had no intent for harm. California law state two requirements must be met for expulsion for posession.

1. Other means of correction are not feasible or have repeatedly failed.

2. Due to the nature of the violation his presence would cause danger to others or cause disruption.

This is because it is a lesser offense than brandishing the weapon. However, both of these things are listed and the vice principal stands that both of these are true based on the incident alone. Meaning, he has no other violations or infractions. IN his letter he leaves out "repeatedly" but the education department clearly has the word in the requirement.

My question is do I get a lawyer and fight this, or do I just let them win and back out and take the six months?

Thanks in advance.

Where do you find your information? Only ONE of the conditions has to be met:

From the California Education Code:

48915. (a) Except as provided in subdivisions (c) and (e), the
principal or the superintendent of schools shall recommend the
expulsion of a pupil for any of the following acts committed at
school or at a school activity off school grounds, unless the
principal or superintendent finds that expulsion is inappropriate,
due to the particular circumstance:
(1) Causing serious physical injury to another person, except in
self-defense.
(2) Possession of any knife or other dangerous object of no
reasonable use to the pupil.
...

(b) Upon recommendation by the principal, superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board may
order a pupil expelled upon finding that the pupil committed an act
listed in subdivision (a) or in subdivision (a), (b), (c), (d), or
(e) of Section 48900. A decision to expel shall be based on a finding
of one or both of the following:
(1) Other means of correction are not feasible or have repeatedly
failed to bring about proper conduct.
(2) Due to the nature of the act, the presence of the pupil causes
a continuing danger to the physical safety of the pupil or others.

 

[Proserpina]

Let "them" win?

I truly don't understand the mindset of parents who seem to blame the school for wanting to protect the other students and faculty.

The parent obviously cannot know the child's actual intent (given that the parent isn't actually the child) and therefore cannot say with certainty what the child may or may not have intended to do with the knife. Of course the 12 year old is going to claim s/he didn't mean any harm.

A 12 year old knows better. A 12 year old KNOWS that it's wrong - and a 12 year old needs to accept the consequences of his/her actions.

 

[Isis1]

Honestly, this is what they should have done to my son. He did the exact same thing when he was 11. Brought knife to school, didn't brandish it but told other students who told on him. He was given a four day in house suspension. Was never in trouble prior.

I'd take it up with the district if expulsion is on the table. If they decide expulsion, then the child will have to face that consequence.

 

[CdwJava]

Does your son have prior discipline at the school or within the district? Has he been suspended previously?

Did he display the knife at all?

Has he also been charged with a criminal offense?