Can I sue the school board for not informing me that I being suspended for not “wanting” to serve an internal suspension?

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Can I sue the school board for not informing me that I being suspended for not “wanting” to serve an internal suspension?

My assistant principal insisted on giving me internal suspension for 2 days after getting kicked out of class for yelling at my teacher. I insisted that I would rather do 3 days of external suspension and he agreed to allow me to do it. About a hour later, after getting off the phone with my father, he calls me back down to his office to inform me that I will serve the 3 days of external suspension for refusing to accept my internal suspension, and when I got back I would then serve my 2 days of internal suspension. I could see if I hadn’t shown up but I wasn’t even given the opportunity.

Asked on September 26, 2011 under Business Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You would not be able to sue the school board because a minor cannot file a lawsuit.  An adult would have to be appointed guardian ad litem to sue on your behalf.  If a lawsuit is filed, you won't prevail because school districts are given considerable latitude when it comes to discipline of students.  If you lost the lawsuit, then the guardian ad litem would be responsible for your attorney's fees and the attorney's fees of the school board's attorney.


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