STUDENT DEFENSE PROJECT
Timothy is in the 8th grade. Last May, he was suspended for 10 days
for pulling a fire alarm. While he had once previously been suspended
for a minor violation, he is well liked by his teachers, is a strong student, and recently has stayed out of trouble. Timothy
completed his 10 day suspension and his parents thought that the issue
had been resolved.
Several weeks later, Timothy’s parents received a notice from CMS stating
that their son had been recommended for a long-term suspension or exclusion.
His due process hearing was in 7 days. Timothy’s parents contacted the
Student Defense Project (SDP). The Student Defense Project paired Timothy with
an attorney at no cost to his parents based upon their limited income.
As the attorney prepared to represent Timothy, several inconsistencies regarding
the incident arose. CMS based its suspension/expulsion recommendation on two
witness statements. One statement said that the student saw Timothy in the vicinity
of the fire alarm and that he was looking around. The second statement indicated that
the student saw Timothy pull the alarm. Due to school policy, none of the witnesses
signed their statements and their identities were not disclosed. Timothy also
wrote a statement explaining that when the fire alarm went off he was on his
way to a classroom to get paper and pencil and that he had nothing to do with
the fire alarm.
While waiting to be called in for the due process hearing, Timothy’s Student
Defense Project Volunteer Attorney met another student who admitted to seeing
someone else pull the alarm. The student admitted that he had not come forward
because he did not want to get involved. The SDP attorney received permission
from the student’s mother to have the student testify at the hearing. During
the due process hearing, the principal offered statements detailing her attempts
at investigating the incident and Timothy and the student both testified. The
SDP attorney was able to show the discrepancies in the school’s investigative
procedures and evidence
Several weeks later, the parents received a notice from CMS stating that Timothy
could remain at his home school. If Timothy had not been represented at his due
process hearing, he likely would have been sent to Derita Alternative School,
received a long-term suspension, or been excluded from CMS.
The Student Defense Project is designed to address alarming rates
of exclusionary disciplinary actions against minority
and low-income students in Charlotte-Mecklenburg schools (CMS) by recruiting,
training and providing ongoing support for a group of lawyers to provide these
children with pro-bono/low-cost representation, in
order to ensure that these children are afforded their due process rights and
granted educational equity.
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