Child Not Allowed in School, Required to Perform School Work at Home

[lostinthelaw]

My question involves civil rights in the State of: A L

My child was suspended from school for unauthorized access to the schools computer system. There were criminal charges and I have some questions about that later. The school handbook allowed for up to five days suspension for this infraction but the school principal will not allow my child to return to school. They are sending the school work home for my child to like if they were sick, and the school is counting my child present in school like they were there. This has been going on for months now and I cannot find where this type of punishment has ever been given to any student anywhere. I have spoken with an attorney, the one handling the criminal charges, but he has not been any help and just says “what do you want me to do?” We are in a tiny backwoods community where they use the law as general guide, and not the rule. Going to another school is not an option, as others are too far away. I really need to get my child back in school and any help would be greatly appreciated.




On the legal side. We have been to four court hearings, one held in the hallway of the courthouse, and they have yet to tell us what my child’s OFFICIAL charges are nor have we been allowed to enter a plea. They court has violated many of the “rules of juvenile procedure” but the attorney just says “I can bring that up to the judge, but that is just going to make him mad. “

The assistant prosecutor is on the school board and the prosecutor has just been elected judge and will probably hearing the case as the judge.
We are in central A!abama.



**You may have read some of this story in another post. I had a friend ask some questions on my behalf but have decided to create my own account.

[cbg]

How old is your child?

[lostinthelaw]

My child is 14 years old.

[LawResearcherMissy]

**You may have read some of this story in another post. I had a friend ask some questions on my behalf but have decided to create my own account.

Your friend behaved like an idiot. If you have hypotheticals for us, please do keep them to yourself.

Has your child been formally expelled over the incident? The law does allow for formal expulsion as punishment for committing a crime on school property. There is, however, a process by which you are notified of imminent proceedings, then a hearing, then a ruling.

[lostinthelaw]

No one has mentioned anything about expulsion. My understanding is that if they were going to expel that would have needed to be addressed during the initial five day suspension.

The school has taken the position that my child is not suspended, and is enrolled just like any other student, just not allowed to return to school. They made a statement that they or students felt threatened by my child’s intelligence, and the fact that my child is different from the social norm, quiet and withdrawn.

[LawResearcherMissy]

The school has taken the position that my child is not suspended, and is enrolled just like any other student, just not allowed to return to school. They made a statement that they or students felt threatened by my child’s intelligence, and the fact that my child is different from the social norm, quiet and withdrawn.

Something stinks in Denmark.

This is insufficient reason to exclude a child from school.

You need two things: 1) a new lawyer. The one you have is not doing his job. 2) to contact the Alabama State Department of Education. I'm rather astounded you've not yet done this. You can find the State Superintendent and State Board contact information here.

[cyjeff]

Maybe the school district didn't respond well to the blackmail.

I agree.. there is far more to this story.

[KeyWestDan]

It is not actually a civil rights issue while the criminal charges are still pending, even in juvie court. You are lucky you don't have some crazy prosecutor who wants to waive it to adult court. Count your blessings there.


If the prosecutor becomes a judge he can NOT hear this case as the judge. How many ways can I spell judicial misconduct, breach of ethics, etc. It can't happen.

You have an attorney. Maybe not the greatest one. Unfortunately he is probably right about pissing off the judge. However, I find it hard to believe that you don't even know the charge. I don't know juvie law, and I doubt anyone here can give you any meaningful advice even if someone knew juvie law in your state without a heck of a lot more detail which obviously you aren't going to give, nor should give on this board.

[lostinthelaw]

Thanks LawResearcherMissy for the advice. We have an appointment with the attorney and I will mention to him about contacting the state board. I will let you know what he said and get your opinion if his advice is reasonable.

I spoke with another attorney and he said we could file a federal lawsuit against the school in Montgomery, out of good ole' boy network. That would cost me $5500 to get started, not sure if I could come up with that much. Not really what we wanted to do either and I am not sure if we have a case.


cyjeff, after our initial conference with the school no one except the attorney has spoken to the school at the attorney's request. The attorney is aware of everything that happened. No one has said anything like "if you don't do this, we will do this." Not to say that some have not suggested it. The attorney said we will "tell all" after our case is finished as it would only complicate things and not help my child and could possibly hurt our case.

My real question is what law would address this issue about being allowed to go to school?

Also but not as important as the first question, is their any consequences for the court system not following their own rules?

Why have rules if they don't have to follow them. The attorney says we can file an appeal after the first case on the grounds that the rules were not followed but the best we could hope for would be a new trial, and he added to expect a harsher sentence the second time around. We just want it all over with, my child did wrong and should be reasonably punished. The attorney said the judge already prepunished my child with the two weeks in the maximum security juvenile detention center. The attorney said the judge will do this in cases and then will give "time served."

[lostinthelaw]

We had the conference with the attorney; well he was not in so another attorney in the office talked with us. They said they would pass the message along about contacting the state. The substitute said we could file a motion to have my child returned to school and the juvenile court did have the authority to do so unless the school could show a clear threat that my child posed. The substitute attorney said the judge has done that before. Our regular attorney told us that the juvenile court judge had no authority over the school.

The substitute attorney also suggested taking our child to a counselor. He said if the counselor said my child had an emotional, issue or “whatever” then the school would have to reverse their decision. I am not sure if we want to open that can of worms.