Smoking, Expulsion, And Accusations

[Nikkiefl]

What is the name of your state? IN

My son and friend were about 1/2 block from school early, before school started. They were going to smoke a cigarette (we all know smoking is a bad habit!), but it does not make you a bad person They were approached by the vice principle and school liason. The first thing VP and school lianson said was ""OK, where are the pipes boys?" "What pipes?" "The marijuana pipes." My son told them he did not have anything like that, and they could search him if they wanted, and they did. They found no such thing. The boys had thrown down their cigarette packs when they saw school officials approaching. School officials found their cigarettes and took them back to school, had them sign statements that the cigarettes were theirs. They were charged with possession of tabacco. My son was on a suspended expulsion - so he was expelled (until January 2006). My son tried talking with the vice principle about it, but vp had already made up his mind, and wouldn't discuss it further. My son got angry and was pretty rude and disrespecful. I was not called until after the expulsion. They said it was too late for an expulsion meeting. Too bad for him, there were only 12 days of school left. I know most of the school rules, but could they have given him another form of punishment, or do they have to invoke the expulsion? Is it legal to accuse someone of smoking marijuana like that? Do you think they should have called me first to tell me about the expulsion, and not let a teenager handle all that stress by himself? When does the school consider you to be on their property? I know once you are on school property you can't leave. Of course, we all feel things are unjust when it happens to us, but I respect your views and opinions. Just tell me like it is. My son is a junior. We have moved, and now we are out of district, so they have asked that he not return to their school. It's fine with me, but you know it''s hard for a teen to transfer out their last year. Any rules pertaining to that will be helpful also. P.S. A good thing....he will be seeing a teen counselor, and he's trying to quit smoking Thank you.

 

[Shay-Pari'e]

Every school system has their own policies. You stated yourself he was on a suspended expulsion, and he clearly knew smoking on or off grounds is illegal.

He got what he deserved Mom.

 

[notsmartmark]

Expulsions should have a means of appeal, and they are always very time sensitive. Normally you need to appeal within 5 to 10 days from the expulsion. Given that the school sounds like it is reinstituting the Jan. expulsion, I don't know what this does to your right of appeal. When the January expulsion was suspended, did the school put any time frame on it? If he is expelled from the new event, then you should have appeal rights.

If your son is now expelled from school until January 2006, this means he is expelled from every school and district everywhere. This is your biggest issue. Most districts will not override another school's expulsion. You want to try to get the school to reduce it down to a long-term suspension through the end of the year. This is a potential since you have moved, and this will allow your son to go to school next year.

Regarding other forms of punishment, they could have, but they don't need to. If this gets your son to stop smoking, it might be the best gift anyone could ever give him. You should look at online summer programs to allow him to make up some of the credits he is going to lose.

If your son was receiving special education services or on a 504 plan there are other things to consider.

 

[PhiKappaPhi]

Smoking

Generally speaking, the school rules can be enforced upon a student from the time they leave to go to school until the child reaches home. For example, a child walks to bus stop from home, and a confrontation ensues with another student...both students can be punished by the school. It is common knowledge that students can be suspended for smoking. Suspensions and expulsions must have some form of due process..the longer the suspension, the more due process controls. You are entitled to a hearing, but must ask for an appeal within a specified period of time as outlined by your school board. See Goss v. Lopez.

 

[CdwJava]

My son and friend were about 1/2 block from school early, before school started. They were going to smoke a cigarette (we all know smoking is a bad habit!), but it does not make you a bad person

It's more than a "bad habit", if he was under 18 it was a crime.

They were charged with possession of tabacco. My son was on a suspended expulsion - so he was expelled (until January 2006).

So ... he was already in big trouble for something, they gave him a break, and then he goes and messes up again? Sounds like the message didn't get through the first time.

My son tried talking with the vice principle about it, but vp had already made up his mind, and wouldn't discuss it further. My son got angry and was pretty rude and disrespecful.

Sounds like your son has a few "issues". The VP was certainly under no obligation to discuss it any further.

I was not called until after the expulsion. They said it was too late for an expulsion meeting. Too bad for him, there were only 12 days of school left. I know most of the school rules, but could they have given him another form of punishment, or do they have to invoke the expulsion?

It would be out here. And if he was already under a suspended expulsion, then I would say they are probably on pretty clear grounds.

Is it legal to accuse someone of smoking marijuana like that?

It is legal to "accuse" someone of anything. If the VP thought it was marijuana, then he thought it was marijuana. But he was not apparently expelled for marijuana, he was expelled for cigarettes.

Do you think they should have called me first to tell me about the expulsion, and not let a teenager handle all that stress by himself?

Whether they SHOULD have and whether they were legally obligated to call you are two different issues.

My guess is they were under no legal obligation to call you until after the fact.

When does the school consider you to be on their property? I know once you are on school property you can't leave.

In most states the schools hold sway over a student while on their way from home to school, and from school to home. Therefore, it is entirely likely that the school has jurisdiction in the matter. You would have to check your state's laws on the matter to be sure. In my state the school would have jurisdiction.

Moving won't solve what are probably a variety of problems he is having. It sounds like he will need a little more than a new school to address his problems that seem to get him in trouble. It is NOT common for a child to have TWO expulsions!


- Carl