Wrongful Suspension from school

[April Scan]

My son will be a Senior this Sept.
Last May he was suspended for lighting and throwing a firecracker out of the BOCES bus. He was suspended for 12 months. We fought this suspension to the school board. They reduced his suspension until the end of the 1st semester ( Jan 30th).
He has never been in trouble before, A/B student and member of the school soccer team.
Come Sept. he is NOT allowed to play soccer or participate in any activates.
He is however allowed to ride the BOCES bus.
Does this make sense?
He can ride the bus but he cannot step into a classroom or the sports field?
There are errors on the paperwork from the school.
One document says he was suspended on the 23rd, the other says the 24th.
The superintend hearing was not recorded.
A supposed video from the bus was NOT shown to us, his parents.
At the school board meeting, a new member was sworn in and allowed to vote. We have no idea if she was given all the information before she voted.
Another school board member stepped down in the voting because she is a family friend, her vote was never replaced.

My question is: Do I have a strong enough case to bring as an appeal to the Commissioner?

 

[stealth2]

My son will be a Senior this Sept.
Last May he was suspended for lighting and throwing a firecracker out of the BOCES bus. He was suspended for 12 months. We fought this suspension to the school board. They reduced his suspension until the end of the 1st semester ( Jan 30th).
He has never been in trouble before, A/B student and member of the school soccer team.
Come Sept. he is NOT allowed to play soccer or participate in any activates.
He is however allowed to ride the BOCES bus.
Does this make sense?
He can ride the bus but he cannot step into a classroom or the sports field?
There are errors on the paperwork from the school.
One document says he was suspended on the 23rd, the other says the 24th.
The superintend hearing was not recorded.
A supposed video from the bus was NOT shown to us, his parents.
At the school board meeting, a new member was sworn was sworn in and allowed to vote. We have no idea if she was given all the information before she voted.
Another school board member stepped down in the voting because she is a family friend, her vote was never replaced.

My question is: Do I have a strong enough case to bring as an appeal to the Commissioner?

The state you're in would be helpful information.

But I don't see what grounds you have to get the suspension overturned. Since he's not going to be going to school, etc., he has no need to be on the bus anyway. On the bright side, he'll have plenty of time to work on his college applications...

 

[Ohiogal]

My son will be a Senior this Sept.
Last May he was suspended for lighting and throwing a firecracker out of the BOCES bus. He was suspended for 12 months. We fought this suspension to the school board. They reduced his suspension until the end of the 1st semester ( Jan 30th).
He has never been in trouble before, A/B student and member of the school soccer team.
Come Sept. he is NOT allowed to play soccer or participate in any activates.
He is however allowed to ride the BOCES bus.
Does this make sense?
He can ride the bus but he cannot step into a classroom or the sports field?
There are errors on the paperwork from the school.
One document says he was suspended on the 23rd, the other says the 24th.
The superintend hearing was not recorded.
A supposed video from the bus was NOT shown to us, his parents.
At the school board meeting, a new member was sworn was sworn in and allowed to vote. We have no idea if she was given all the information before she voted.
Another school board member stepped down in the voting because she is a family friend, her vote was never replaced.

My question is: Do I have a strong enough case to bring as an appeal to the Commissioner?

Did your darling have a firecracker on the bus which he lit and threw? If so that is an explosive device and he is lucky he did not get expelled and arrested. In other words, there is nothing wrong with the school suspending him for a semester or a school year for his actions. I note that you don't deny that he did what he was accused of doing. Instead you seem to be looking for excuses or ways of keeping him from the consequences of his stupidity. Why is that?

 

[April Scan]

My " darling " and I reside in NY state.

He is allowed in school.

The school is allowing him to: Get on the bus in the morning at our home to be brought to school.
Get off the bus at school and join his school mates to get on another bus that takes them to BOCES.
After the BOCES class, he than takes the same bus back to school to be tutored in the library.
He again will get on the bus to be brought home.

I cannot deny his actions nor can I prove that he did what he is accused of.

The Superintendent refused to show us what he called "proof".

He is accused of doing this on the bus.

My question is still this, why allow him on the bus but take everything else away?

 

[stealth2]

My " darling " and I reside in NY state.

He is allowed in school.

The school is allowing him to: Get on the bus in the morning at our home to be brought to school.
Get off the bus at school and join his school mates to get on another bus that takes them to BOCES.
After the BOCES class, he than takes the same bus back to school to be tutored in the library.
He again will get on the bus to be brought home.

I cannot deny his actions nor can I prove that he did what he is accused of.

The Superintendent refused to show us what he called "proof".

He is accused of doing this on the bus.

My question is still this, why allow him on the bus but take everything else away?

Because he is apparently required to take this particular class, and they may be required to provide transportation. Activities such as soccer are not a requirement. Allowing him to ride the bus but not participate in activities beyond that class is perfectly within reasonable parameters, IMO. Personally? If it were my kid, the school wouldn't have needed to take the step of barring him from activities - I would have done it myself. <shrug>

 

[April Scan]

No.

The class is not a requirement in order to graduate.

 

[stealth2]

Okay. So suspend him from the bus yourself and drive him where he needs to be. But honestly? You have nothing. The best I see happening if you push this? He WILL be suspended from the bus as well. Your choice, I guess.

 

[tranquility]

The Superintendent refused to show us what he called "proof".

He is accused of doing this on the bus.

My question is still this, why allow him on the bus but take everything else away?

While son has certain rights of due process, you don't have to be shown proof of guilt. If you were to litigate this, they would supply the proof in discovery. The school can fashion an effective remedy however they choose until it violates a student's rights to an education. Since the remedy does not do that, there is no problem. I think you have little recourse.

 

[Ohiogal]

He is suspended but is still attending class? really? How is that suspended? Again, he is lucky he was not arrested. And if he is 18, charged as an adult.

 

[stealth2]

He is suspended but is still attending class? really? How is that suspended? Again, he is lucky he was not arrested. And if he is 18, charged as an adult.

BOCES is kind of a weird animal...

http://www.boces.org/wps/portal/BOCESofNYS/!ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gLA1dXN4NgfwsLE3dzS18XR0cXAwjQ9_PIz03VL8h2VAQA6nNACA!!/dl2/d1/L2dJQSEvUUt3QS9ZQnB3LzZfODBFRUYwU084ODRHNzlNREVBRDAwMDAwMDA!/

So, OP's kiddo seems to be receiving some sort of BOCES service which they may not be able to suspend him from (or choose not to), but he is suspended from his regular classes and activities. Honestly, seems like a common-sense approach. But I'd have also banned him from the bus until he graduates. But I'm a hard one like that...

 

[Eekamouse]

She's probably forgetting the part where he threw the M80 into a crowd of children or something equally as stupid.

 

[csi7]

He is allowed to attend school and be tutored. That provides him with the path to graduation. When the suspension is up, he will be on track to graduate from school which is what the #1 purpose of attending school is provided for.

Not being able to participate in certain activities: it was his choice to toss the explosive device from a moving vehicle, and he may or may not have done it by himself, seeing the video would not exonerate his actions maybe, and the purpose of viewing the video by law enforcement officials would cross into criminal law charges with a criminal record. Depending on the circumstances as to the presence of firecrackers in personal belongings while attending school, and the example that was made of this incident, given the conclusion of restricted suspension, I'd be asking different questions.

What exactly do you want to accomplish?

I'm wondering what information would be provided to whom upon complete viewing of the video, the investigation, the decision process made by administrators, and the surrounding circumstances of the entire situation by an independent review. That is an option that might be available, through a state and/or federal agency.

Sometimes, legal options are required for civil matters to be resolved and asking an agency outside of the immediate situation can provide answers not being given by the administrators.

 

[OHRoadwarrior]

You do not need a reason to request an appointment for reconsideration with the school superintendent or the commissioner. Be prepared to accept though the act was stupid, apparently, no children were near the device when it exploded outside. Stress childs record and plead the suspension be held in abeyance. If necessary, offer the childs engagement in a community service activity to prove his sincerity of apology. Kids do stupid things. When they are not meant to hurt someone, it is sometimes just to allow their redemption to take other forms after you have clearly communicate who is in control.