Legal Question in Education Law in California

8th grader in the was suspended for 5 days based on hearsay that he created 2 fake face book profiles of 2 teachers that had vulgar and racist content. Many kids had access to these profiles but my son is the only one in trouble with NO PROOF. We were required to sign a very strict contract for him to return but then he was involuntarily transferred to a community school. He was initially suspended for EC 48900 k & 48900.4 then I received certified letter that it was amended to 48900k,48900.3 48900.4 and 48900 i All they say say is that my sonís name kept coming up when they interviewed kids.The principle says they won't give me the printout of the profiles they have with all the stuff on them that shows the other kids that went on and I have asked repetitively for it. They did contact the police but it sounds as if they are not going to investigate it. This is not right as they have no proof it was my son and make him sound like a monster. Iím not sure what to do? Heís almost out of that school but I donít want this on his record when all they have is a few kids saying it was him. I donít want this on his record!


Asked on 4/10/11, 7:08 am

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

What is your question?

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Answered on 4/10/11, 10:03 am


Michelle Ball Law Office of Michelle Ball

You will have to discuss this with an attorney. The attorney will need to see and review the contract you signed along with other paperwork to see if there is anything to be done. If there is still an appeal or hearing right, that needs to be explored. Unfortunately, it sounds like this was some time ago. If so, as you already signed a contract, you will have to attempt to attack the documents as false or misleading. Please, never sign anything nor move forward with an expulsion without an attorney next time.

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Best of luck.

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Answered on 4/11/11, 8:36 am

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