QUESTION

My son has been expelled from school for having a fight with another student. he had no prior disciplinary issues at this school.

Asked on Dec 03rd, 2016 on Education Law - New Jersey
More details to this question:
I feel he has been targeted because of issues he had the prior year at the middle school; which he had only been at for a short period of time. I feel he was targeted for transferring from a low income, minority area, and was punished severely for minor issues. A psych evaluation was ordered by the school, for procedural purposes I was told, and the evaluation concluded that my son had no psychiatric issues, and the physician documented the incidents were blown outta proportion as well.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If you child has been expelled, it must happen according to the requirements.  There has to be some determination that the child is a danger, such as assualting a teacher, or another student, or bringing a weapon to the school.  Even if your child has psychiatric issues, it wouldn't be cuase to expel him, it would have to be addressed by the school.  Usually the school starts with a 45 day removal.     Here is a link to an advocacy guide that may be useful to you.  http://www.edlawcenter.org/assets/files/pdfs/publications/StudentDisciplineRights_Guide_2012.pdf  
Answered on Dec 04th, 2016 at 6:48 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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