Although it may seem unnecessary to hire an attorney for a school expulsion hearing, the consequences of these hearings can drastically shape your child’s educational future. Section 48900 of the California Education Code outlines several acts that a child can commit to be recommended for expulsion. These include acts committed:
• While on school grounds
• While going to or coming from school
• During the lunch period whether on or off campus
• During, or while going to or coming from, a school sponsored activity
At these hearings you will face a panel of three teachers, which experienced attorneys at Wallin & Klarich can help with. Our attorneys can help you organize your child’s defense, while showing that the parents and child are serious about fighting the charges.
High School Cheating Scandal in Corona Del Mar
Much to the surprise of several parents and students at Corona Del Mar High School, their violation of California Education Code Section 48900 may even result to criminal charges being filed against them.
According to the Los Angeles Times, 12 students worked with a...
Hazelwood v. Kuhlmeier of 1987-1988 Background: At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. In May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper, he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. An article on divorce featured a student who blamed her father’s actions for her parents’ divorce.
A teacher’s most important duty is to protect the students they are in charge of. This duty includes both reasonably protecting students from harm and, when a student is harmed, reporting it to the proper authorities (Gooden, Eckes, Mead, McNeal, & Torres, 2013, pp. 103-109). There have been many court cases that reiterate this duty of school staff. One such case is Frugis v. Bracigliano (2003) where many staff at a school failed in their duty to protect students and allowed abuse to continue for years.
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
Fraser's father brought action against the school board in the United States District Court for the Western District of Washington. He alleged the suspension and punishment were a violation of his son's First Amendment right to freedom of speech. The father sought injunctive and monetary damages under 42 U.S.C. of 1983. The district court awarded the student $278 in damages, $12,750 in litigation costs and attorney's fees, and ordered the school district not to prevent the student from speaking at the commencement ceremonies.
Based on the information provided in case 8, Crashing Planes and Tranquil Dreams, Richard is a 4 years old boy, who is experiencing challenging behaviors at school, as well as at home. Richard lives with both parents, and two older brothers. Richard has been attending the YMCA’s full-day preschool program for the past 2 years. He is described as a “good kid” by parents and teacher, however, he is constantly active, impulsive, and frequently becoming involved in conflicts with adults. Parents are continuously working, and as mentioned in this case, they have to spend most of the time at home yelling at Richard or putting him in time-out as part of his consequences for not listening or misbehaving.
When working with a court appointed lawyer you need to research and follow up on guidelines that carry with your charge. You have to learn how the court system works. Lawyers that are hired by the court to represent the low and middle-income people are lazy in doing their job. There are many reasons why court appointed lawyers don't do their best for their clients involving the court cases.
The intent of this argumentative research paper, is to take a close look at school systems disciplinary policies and the effect they have on students. While most school systems in the nation have adopted the zero tolerance policies, there are major concerns that specific students could be targeted, and introduced into the criminal justice system based on these disciplinary policies. This research paper is intended to focus on the reform of zero tolerance policies, and minimizing the school to prison pipeline.
Child abuse is an extremely sensitive subject to many people. But to many people from McMartin Preschool, it is something that will stick with them forever. According to The World Book Encyclopedia, child abuse is “a term that generally refers to mistreatment of a child by a parent of another adult” (Zigler). It could also be “limited to life-threatening physical violence, including severe beating, burns, and strangulation” (Zigler). The horrific McMartin Preschool Trial was crazy and disgusting, leaving children scarred, parents angry, and the accused wronged.
... law enforcement and legal counsel will be involved. It may also be necessary to contact a child psychologist or other therapist to assist.
Hess, K. M., Orthmann, C. M. H., & Drowns, R. W. (2010). Juvenile justice. Belmont, CA: Wadsworth.
The steps to due process, is that before a student can be suspended from school because of a wrongdoing; they must be given the right to an informal hearing that discusses the accusations and evidence against them which resulted in a disciplinary suspension. Moreover, if a student is facing expulsion the student is entitled to a formal hearing before a neutral body, and the student may have a lawyer and who can cross examine witnesses. Furthermore, students facing these disciplinary actions have a right to remain silent, and do not have to answer any questions without an attorney.
There are no references to education in the Constitution, but it does speak of the operation and management of the schools and the protection of the students’, faculty’s, and staff’s individual rights. There are many issues, both social and economic, that requires legal action. Children are the future of the society, so therefore, the state must keep track on issues that may arise in the schools. This paper will explore the law and its application to issues in the school district.
Most public defenders have very busy schedules and maybe over 50 cases to deal with so the defendant is not priority really. According to The Bronx Defenders “A state law limited the number of caseloads New York City public defenders could take on. 400 misdemeanors or 150 felonies a year. James told The Indypendent that when the law was passed, each LAS attorney averaged 632 cases a year (Ibarra)”. What this means is that the lawyer you were appointed doesn 't really have time to break down your case and try to get you off but maybe get you a good plea deal. In the movie Twelve Angry Men juror number 8 wasn 't completely sure if the boy did it or not so he voted not guilty. The two witnesses that was present to the crime had strong statements. As a lawyer your job is to discredit the witness but do to the public defendants lack of skill he let the jury hear the testimonials of the witnesses and put his client 's life in the jury 's hands. Ultimately juror number eight did the lawyers job for the kid and got him off. All in all most public defenders don’t really go deep into the case to see if their clients can win due to their overload of cases. The court appoints a lot of cases to public defenders, and ultimately overwhelms the lawyer and they fail to do their job correctly which puts a lot of underprivileged/poor or even innocent people in
I was very disappointed at myself after received dismissal letter from State University. I felt that I let down not only myself, but also my family who hoped for me to earn a bachelor degree from such a great school as Ohio State. There were several reasons that led me to difficulty and lose concentrate in studied. During the time I studied at Ohio State, my older sister who I lived with received the bad news about losing her teaching assistance job at Ohio State. She was the only one who helped support me at that time. My sister was the one who pays rent and most of utility bills. I did help her pay some of the bills and groceries as I only worked minimum part-time. Since my sister was not able to continue her teaching position at that time, I help pay most of the bills included the rent. I certainly did not prepare for the situation and ended up have to start working more so I can help out my sister pays the bills. At the same time, my mother who lives in Thailand also suffered from the breast cancer which cost my parents a lot of money for the surgery and medical bills. My parents were in no place to help me or my sister with living costs and expenses here in the United States. Since my sister had only a student visa, and was not a U.S. citizen, I was the only one that could legally work and pay most of the rent and other bills. Working long hours did affect me psychically and emotionally. I lose both of my free time and study times. As I did not plan for the situation included poor time management, I ended up work more and spend less time studied than I should. I know that I struggled to keep up with classes and missed many classes. I did not think it through and thought that I could manage the situation on my own. I did not let anyone know about my situation or seek any help from any instructor or advisor. I ended up with poor academic performance and received bad grades which lead me to academic dismissal. I feel regretted and only wish that I could have made a better decision.
Students being removed from the school due to police involvmenet in removing them, may also face possible criminal charges being filed against them, for infracttionsas minimal as non-prescription drug possession or being accused of sexual harassment as mentiond previously , happened to a student for hugging a teacher as a form of solidarity. Sexual harrsamentcharges that if prosecuted can lead to a student being labeled and listed as a sex offender for life. Egregious non-violent offenses that disproportionately affect black and Latino students, and due to law enforcement modeling, sets the stage for incarceration.