Legal Question in Education Law in Massachusetts

Suspension possible expulsion for texts sent non school hrs

2 students went to vice principal on mon with text messages my daughter sent. 1 sent 12 days ago saying your jetta wont have such a nice look. at time we were out of state because relative was in accident & on life support. 1 sent Sun night saying if the pants were not returned I will cut a bitch. Both of these were sent during non school hrs & girls stated to vice principle they were not afraid of my daughter but were afraid for car even though text saying that�s why I have insurance was sent. Both girls were at my house Sun to get their stuff. They said nothing instead waited until they got to school Mon. They did not show anything they texted before or after. My daughter did not save their texts because she didn�t think she would need them later. They did text my daughter saying they would bring their friends over to beat her up. now my daughter has been expelled for 5 days & has a hearing to see if she will be expelled. There was a student at my house who saw texts from girls & when asked if could bring her to hearing I was told I could not take her out of class. Are schools allowed to discipline for things outside of school hrs especially since girls said they were not afraid of my daughter. My feeling is they saved the 1st

Asked on 3/19/09, 10:45 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Suspension possible expulsion for texts sent non school hrs

Schools are becoming pro-active regarding student-to-student violence. They most certainly take the position that threats of any kind are serious. I won't speak to the school system's refusal to bring in an available witness, however. As this affects a serious right -- the statutory right to education -- a fair hearing would seem to require full exploration.

You should seek an attorney who specializes in education law.

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Answered on 3/23/09, 3:27 pm

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