Toledo, OH asked in Education Law and Juvenile Law for Ohio

Q: My 5th grader, has been suspended with recommendation for expulsion. How to we prepare for the expulsion hearing?

My son is an 11 year old 5th grade. He made verbal threats about harming/killing 6 students in his class to his guidance counselor. He has been suspended for 10 days with the recommendation for expulsion. I have no idea how to prepare for the hearing. I don't even know what questions to ask a lawyer.

My son has ADHD with anxiety. He has had an inpatient psych visit after this episode. The psychiatrists discharged him after a day and a half and do not feel he is a harm to himself or others.

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Education Law Lawyer
  • Canton, OH
  • Licensed in Ohio

A: What you should truly do is seek out an attorney who has both some criminal defense experience, and education law experience. Your question doesn't state whether or not this student has a 504 plan or an IEP. If either of the is the case, then you need to make sure that the school is conducted a manifestation determination hearing. Expulsion would be a change of placement for a child under the Individuals of Disabilities in Education Act (IDEA), and that cannot occur without a determination as to whether or not the underlying behavior was a manifestation of a child's disability.

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