Did you child violate the school’s Code of Conduct? Are they now faced with a change of placement hearing? Read on for advice from a defense attorney for students.
What is a change of placement hearing?
A change of placement hearing occurs when a student violates the Code of Conduct. The school recommends changing their enrollment from their zoned or charter school to an alternative school. The length of time for the change of placement can be at least one semester or up to two full school years, depending on the severity of the violation.
What types of behavior can cause a change of placement?
Some behaviors that can lead to a change of placement are:
- Possession or selling drugs, edibles, drug paraphernalia, or alcohol
- Sexting – sending nude pictures or sharing nude pictures
- Inappropriate sexual behavior
- Inappropriate comments – harassment
- Making a bomb threat
- Making other general threats to another student or school
- Use of a non-weapon as a weapon – pencil, scissors or other items not classified as weapons
- Cyberbullying or catfishing
Can I fight the change of placement or school expulsion?
Yes. All schools have a process to fight a change of placement and students must be afforded due process. There is also a process for obtaining records and any evidence the school is using to support the expulsion.Change of placement hearings are held in front of a hearing officer typically at the school district offices. The school’s administration, like principal or vice-principal, will normally attend in addition to any witness. This hearing will determine if the change of placement will stand or the expulsion will be modified to something less like a suspension or behavior contract.
Can I bring an attorney to a change of placement or expulsion hearing?
Yes. You should bring an attorney experienced with change of placement hearings and expulsions to the initial meeting and subsequent hearing. The outcome of the meeting and hearing could forever change your child’s school experience. Additionally, a change of placement or expulsion will be noted on their transcripts and disclosed to colleges when applying.
What can a defense attorney for students do for my child?
An experienced defense attorney for students will defend your child’s due process rights and work hard to protect their school experience. When I work with parents and students facing a change of placement, I start working quickly to build the best defense possible. I request school records and evidence, review the entire record, and create the best possible defense presentation aimed at keeping your child in their current school placement. I additionally attend the change of placement hearing to keep the hearing fair and ensure the best possible outcome.
Call today and give your child the best chance at fighting a change of placement or expulsion from school.
Click here to read about level IV conduct violations and public school expulsions here. Richard Asselta is an award-winning lawyer experienced with defending change of placement and expulsions in K-12 grades. Call today for a free consultation and protect your child’s future. (855) 338-5299 Click here to read what clients are saying about Richard on AVVO, an attorney review website.