Students go to school and expect the school to provide them an education in a safe environment. Schools have strict rules on bringing weapons on campus. What can happen if you are facing suspension, referral, or expulsion for bringing a weapon to school?
What is classified as a weapon?
Many schools have specific guidelines on what a weapon is. Some items like scissors or pepper spray in school can lead to suspension, referral, or expulsion.
What if a student did not realize the item brought to school is considered a weapon?
In the schools eyes, it does not matter. If it falls into the category as described by the school, district, or state guidelines, a student can face discipline like referral, suspension, or expulsion.
What if the student forgot they had scissors or other prohibited weapons and accidentally took it to school?
A school may have discretion to not charge a student for accidental possession. However, schools rarely deviate from the policy. Some schools and school districts may have a “safe harbor” provision. This is when the school or school district will allow a student to turn in a weapon that the student might have truthfully forgot he or she had. Before you do that though, make sure your school or district actually has this kind of policy. Don’t assume!
Can I fight the schools recommendation for expulsion due to possession of a weapon in school?
Yes. All schools have an appeal process. The school appeal process is time sensitive. The procedure for appealing the expulsion is outlined in the school district handbook.I recommend hiring an education lawyer with experience fighting school expulsions. The involvement of an education lawyer can positively impact the outcome of a school expulsion case. A school expulsion attorney can fight the charges and work to reduce or eliminate the expulsion and suspension.Click to read about the school expulsion procedure here. Richard Asselta is an award-winning school expulsion lawyer with offices in both Florida and New Jersey. Richard is experienced in defending students against expulsions and all other types of school misconduct and discipline. Call The Education Lawyers today and we will fight to keep you in school. (855) 338-5299