Can he be kept out of school if he served his suspension and nothing else has been done so far.

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my son was suspended from school for 10 days and faces rxpulsion from williams valley school district. his suspension is over but they say he cant come back til school board has hearing. is that allowed. it is a matter of act 26, weapon at school/ school activity. police wete involved- he got a fine for fighting. he and friends were on their way home when a fight broke out with kids who were leaving a school sponsored wrestling event. someone pulled a knife. my son took possession of knife and left situation. conflicting stories of events. he is 14 yrs.old.

Attorney Answers

2
William Popovich ·
They must educate him, but they can educate him at home until the hearing, likely.
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Frederick Stanczak ·
The Pennsylvania regulations governing student discipline are very specific on these issues. A school district may suspend a student for up to 10 days without a formal hearing for a violation of school rules. The rules and the consequences for breaking them must be published. This is typically done by including them in the student manual or handbook. Any exclusion from school for more than 10 days is an expulsion and the school district may only expel a student after a formal hearing before the school board or a committee of the board. The school district must prove that the student committed the violation of school rules, but the standard of proof that it has to meet is very low and does not afford much protection to students. You should receive a certified mail notice of he hearing and a list of the witnesses and evidence that the school district intends to rely on at the hearing. He has a right to continue to attend classes while waiting for the expulsion hearing if the hearing takes more than 10 days to schedule. That suspension may be extended for up to 15 days (total) if the school district convenes an informal hearing and concludes that his presence in school presents a danger to himself or others. It is also correct that the school district must continue to educate him during this time by continuing to allow him to attend school or through home-based schooling. The state regulation that covers this is 22 PA Code Section 12.6. I encourage you to set up a consultation with a lawyer who is experienced in education law. If you are able to retain counsel to rep[resent you, a lawyer may be able to negotiate a resolution with the school district that may avoid an expulsion.
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