Son Expelled from School

[OneParent]

What is the name of your state (only U.S. law)? North Carolina
My 11 year old son was expelled from school in Charlotte. He was in 6th grade in a charter school. He was home on a Sunday and he was in a text chat with 8 others on his ipod. Most of the participants were his friends. He asked repeatedly to be removed from the chat. On an i device, if you are in a chat you can't just leave. People have to stop the chat and start a new one. He asked many more times. Several of the girls said, "we don't have to". He got 200+ texts in a span of 10 minutes. He sent a video hold an hatchet and threatened them if they didn't leave him alone and take him out of the chat. A parent saw, told the school and on the following Tuesday he was suspended for 10 days. At the end of the 10 days they had a hearing and opted for long term suspension (you can't legally expel a 6th grader, but this is the same effect).

Later that Sunday night he had several individual texts with the people from the chat. No issues. No one was even upset. The Tuesday when he went back to school he had no issues, altercations or words with anyone. One of the people in the chat was his best friend at school. He obviously had no real intentions of hurting anyone.

Do I have any legal recourse?

 

[Silverplum]

What is the name of your state (only U.S. law)? North Carolina
My 11 year old son was expelled from school in Charlotte. He was in 6th grade in a charter school. He was home on a Sunday and he was in a text chat with 8 others on his ipod. Most of the participants were his friends. He asked repeatedly to be removed from the chat. On an i device, if you are in a chat you can't just leave. People have to stop the chat and start a new one. He asked many more times. Several of the girls said, "we don't have to". He got 200+ texts in a span of 10 minutes. He sent a video hold an hatchet and threatened them if they didn't leave him alone and take him out of the chat. A parent saw, told the school and on the following Tuesday he was suspended for 10 days. At the end of the 10 days they had a hearing and opted for long term suspension (you can't legally expel a 6th grader, but this is the same effect).

Later that Sunday night he had several individual texts with the people from the chat. No issues. No one was even upset. The Tuesday when he went back to school he had no issues, altercations or words with anyone. One of the people in the chat was his best friend at school. He obviously had no real intentions of hurting anyone.

Do I have any legal recourse?

He couldn't walk away from the "chat," go outside, read a book, do some chores?

The issue is the manner in which he chose to react to an exceedingly minor irritation or inconvenience.

 

[Mass_Shyster]

Welcome to the world of zero tolerance. The school takes every threat seriously, no matter how ridiculous. Unfortunately, this leaves you no recourse.

 

[Just Blue]

What is the name of your state (only U.S. law)? North Carolina.

Do I have any legal recourse?

a; Take the device away from you notreadytohandleitchild.

On an i device, if you are in a chat you can't just leave. People have to stop the chat and start a new one. He asked many more times.

Ja...You can just leave. At 11 years old he should know how to put down the electronics and play ball.

 

[TheGeekess]

He couldn't walk away from the "chat," go outside, read a book, do some chores?

The issue is the manner in which he chose to react to an exceedingly minor irritation or inconvenience.

Even turning his iPod off would have done the trick.

 

[Proserpina]

What is the name of your state (only U.S. law)? North Carolina
My 11 year old son was expelled from school in Charlotte. He was in 6th grade in a charter school. He was home on a Sunday and he was in a text chat with 8 others on his ipod. Most of the participants were his friends. He asked repeatedly to be removed from the chat. On an i device, if you are in a chat you can't just leave. People have to stop the chat and start a new one. He asked many more times. Several of the girls said, "we don't have to". He got 200+ texts in a span of 10 minutes. He sent a video hold an hatchet and threatened them if they didn't leave him alone and take him out of the chat. A parent saw, told the school and on the following Tuesday he was suspended for 10 days. At the end of the 10 days they had a hearing and opted for long term suspension (you can't legally expel a 6th grader, but this is the same effect).

Later that Sunday night he had several individual texts with the people from the chat. No issues. No one was even upset. The Tuesday when he went back to school he had no issues, altercations or words with anyone. One of the people in the chat was his best friend at school. He obviously had no real intentions of hurting anyone.

Do I have any legal recourse?

You have the absolute right to confiscate any and all electronics he has. You also have the absolute right to explain to your child why we don't do certain things. You could also disable the I-message function.


#1. Turn of iMessage from SETTINGS > iMESSAGES. turn it back on when you feel safe!

#2. Turn off group messaging from SETTINGS > iMESSAGES

And buy him a Tracfone.

 

[Just Blue]

You have the absolute right to confiscate any and all electronics he has. You also have the absolute right to explain to your child why we don't do certain things.

Buy him a Tracfone.

Ahh...But then Jr. would not be able to threaten others with axes over Social Sites.

 

[CdwJava]

There should be a process by which you can appeal any administrative punishment either at the school or district level. Look into those.

And, having kids myself that are techno junkies (like their dad ... moi), the one thing they need to learn is that there comes a time to turn the device off and walk away. He had that option. He did not have to make threats with a hatchet. And there is a reason that schools take this VERY seriously! Many kids who do make such threats DO commit acts of violence at or near the school, so schools act as they believe necessary for the safety of the children and to CYA. It may seem an overreaction, but the nature and extent of school violence along with the liability placed on schools for not taking action virtually guarantees a policy of "better safe than sorry."

So, appeal the suspension/expulsion through the system. If you feel you need an attorney to aid you, consider consulting one ASAP. Appeals can be time sensitive so do not waste time.