Can my son be removed from the school bus for an incident that happened off the bus
11/13/2007 - Criminal - State: PA #12166
MY SON IS BEING KICKED OFF THE BUS FOR 6 DAYS FOR AN INCIDENT THAT HAPPENED AFTER HE WAS OFF THE BUS AND HOME FOR AT LEAST 10 MINUTES. HE IS BEING ACCUSED OF MAKING INAPPROPRIATE HAND GESTURES IN OUR FRONT YARD TO ANOTHER KID IN OUR YARD AS THE BUS WENT BY. THE DRIVER STATED HE THOUGHT IT WAS INTENDED FOR HIM. I WAS TOLD BY THE SCHOOL THAT I CAN EITHER ACCEPT THE BUS SUSPENSION, WHERE I WOULD HAVE TO LOOSE TIME AT WORK TO PICK HIM UP, OR THEY CAN CALL THE AUTHORITIES FOR PROFANITY. I WANT TO KNOW IF THIS IS A POLICE MATTER AND IF THEY CAN DO THIS? SHOULD GET A LAWYER?
The following is a PA statute:
§ 5503. Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
1. engages in fighting or threatening, or in violent or tumultuous behavior;
2. makes unreasonable noise;
3. uses obscene language, or makes an obscene gesture; or
4. creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
(b) Grading.--An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.
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11/13/2007 - Category: Criminal - State: PA #12166
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