Any lawyers/law professionals I have a problem I need advice on...

[TreeHuggingLiberal]

My brother-in-law who is 12 years old has encountered a problem at his school. To set up the story, he has just moved to this school at the beginning of the school year. He has ADHD and has little to no friends at the school. Last week he was approached by a bully who demanded that he give him his watch band. After frequent harassment, he finally gave in and gave the bully his watch band. The bully then proceeded to hand him a folded sheet of paper...okay, this is where it gets sticky. My brother-in-law then proceeded to open the paper in front of two of his acquaintances. The paper contained marijuana, but upon seeing the substance he asked the two children what it was. They then told him that the bully had been in trouble for selling drugs.

After hearing this, he immediately threw the piece of paper away. Then a week afterward, the school contacts my mother-in-law to tell her that her son was caught interacting in a drug deal and that they are not expelling him, but they are forcing him to switch schools after taking his remaining tests for the year. The incident is going to go on his permanent record, and they told her that there is nothing she can do about it. The school has no evidence of any kind besides a child telling them that he saw the bully give my brother-in-law a piece of paper. The school principle and assistant principle took my brother-in-law into a room to interrogate him for 3 hours before contacting his mother. The entire time in the room they kept asking the same question: "What did you give him?" After three straight hours my brother-in-law told them that he had taken his watch band. The school then proceeded to call my mother-in-law, and now they are forcing him to finish all his tests and transferring him to start the next school year in a "school for trouble makers".

My brother-in-law has never been in any trouble nor has any of his teachers had anything bad to say about him, but yet without any evidence and without any other options they are forcing him to a school of their choosing and placing a mighty blemish on his permanent record. I would greatly appreciate it if anyone could provide any advice.

Thanks, :)

[Padraig18]

1. Get a lawyer.

That's the best advice I can give you. Unless your MIL gets one, I'd wager the school district will continue to walk all over your BIL, just like they have done aleady.

Good luck!

:hi:

[AwakeAtLast]

2. Not a lawyer, but a teacher.

Find a lawyer, fast.

[TreeHuggingLiberal]

3. Thanks guys/gals,

I told my m.i.l to contact a lawyer, and she is in the process of doing so. Any other opinions about our chances are greatly appreciated.

[madaboutharry]

4. Also,

I would contact the ACLU. If they can not help, they may have referrals for attorneys who know how to deal with these kinds of cases.

[leftynyc]

5. On a totally separate issue

Please make sure that someone tells your brother in law that he didn't do anything wrong.

I agree that a lawyer must be contacted.

[Gothmog]

6. Get a lawyer

The school can not establish that you BIL is guilty of anything based on the facts given. A lawyer can at least clear the record and keept the school from taking actions without proof.

I also agree that the ACLU needs to be contacted. They can either help or point you in the right direction.

[lawladyprof]

7. Another suggestion

Use google to find reputable (your state + national) organizations--advocacy organizations for parents of students with disabilities. They may be able to assist you in finding an attorney. Do the same for organizations that specialize in bullying as a school issue. Here's a couple to get you started.

The Council of Parent Attorneys and Advocates http://www.copaa.net/resources/statespedlaw.html

and Wrights’ Law http://www.wrightslaw.com

[usregimechange]

8. School social work intern, doesn't sound right, we need a lawyer!

[TreeHuggingLiberal]

9. Thanks everyone...

I am constantly amazed by the wonderful people that I encounter on DU. :)