Student Discipline
Before a public school can suspend or expel a student, certain procedures must be followed in order to preserve the student's due process rights. If the suspension is for more than 10 days, or if the school is seeking
expulsion, the student has the right to written notice explaining the charges, describing the supporting
evidence, and specifying the date, time and place of the discipline hearing access to the statements made,
the right to confront those making the charges.
At the discipline hearing, students have the right to be represented by an attorney and to present
their own evidence and witnesses. These are very important issues as you child's future is at stake.
If the student is in special education, additional rights and protections apply.
The new Marijuana law
The new law regarding the possession of less than 1 ounce on Marijuana is not being properly followed by the public schools. The law is very clear that possession of less than one ounce of Marijuana is only punishable by a fine of one hundred dollars ($100) and a class on drugs. Suspension or expulsion are not an option for the school.
If your child has been suspended or expelled cal us ASAP 508-748-2362
Bullying and Harassment
Students have the right to be safe at school. Federal anti-discrimination laws protect students
from peer harassment on the basis of race, color, national origin, sex, or disability. Massachusetts'
new anti-bullying law prohibits bullying, cyber-bullying and retaliation. The law also requires parental
and law enforcement notification in certain circumstances. Students in special education have
additional rights under the bullying law.
On the other hand, some students are being treated unfairly because schools are enforcing the law and the school’s bullying prevention plan for the first time. In response to this development, students who may be unnecessarily labeled as a “bully” by the school and/or the respective parents can be unnecessarily injured and we can assist in those situations as well.
Although the purpose of the Anti-Bullying law is to prevent bullying in schools, the law creates various potential legal issues for all those involved. These issues not only affect the schools but extend to victims of bullying, the persons accused of bullying, and the respective parents. If your child is being bullied or you are in dispute with the school over an alleged bullying incident,
CALL US 508-748-2362 criminal charges could result