would i have a case if a school principal threatend to kick me out of school for smiling.

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would i have a case if a school principal threatend to kick me out of school for smiling.

also befor he said this we had a conversation and he said if i talk he will also kick me out. he also bluntly expressed his feeling he doesnt care if i graduate.

Asked on June 2, 2009 under Estate Planning, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Ordinarily, it takes some fairly serious history, for a principal to talk to a student this way.  I would suggest that you talk to an attorney who knows about education law, in your area, to review all of that history (especially the embarrassing parts), for sound advice about your rights.

While a public school education is a government benefit, which makes it subject to due process requirements, a school's principal usually has a lot of latitude.  It's likely that he could expel you, and you'd have a right to a hearing only afterwards. The law and procedure in this area differs from one state to the next, and I'm not a California lawyer.


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