I'm semi in agreement with SOLID (Not sure as to his position in counseling). When you enter a school, you are made aware of the consequences for doing certain actions, and in the vast majority of schools, you get a warning before you get expelled from it. Consequences for actions MUST be enforced, no matter the condition. Children are living, thinking individuals, and should be treated as such. If we simply forgive them and say "Oh, you had to sell drugs in school to support your family" Will this discourage them from selling drugs? No, it won't, it will encourage them to keep on engaging in illegal behavior. I frankly do not wish to continue to allow people to think it is accepted and condoned to sell drugs in school.
I will concede to the point that Expulsion is a severe, and ultimately a last resort option. However WHY in hell should we NOT punish something outside of the law? In my opinion expulsion is a meager punishment for working outside of the law, how can you sit here and tell me a person doing an illegal act is JUSTIFIED by their situation? Law is not a case-by-case thing of whether or not you're punished. The law states that: If you get charged with X crime, you get Y punishment. No ands ifs or buts about it.
The only convincing argument I can think of against this is if they are not aware of the consequences, which most people aren't at an extremely young age. But where can you draw the line? At age 10? 5? 15? 20? At what point are they genuinely saying "I didn't know there was a law against it!" and at what point are they BSing it and saying the same thing? When should a child be expected to know that killing, selling illegal narcotics, sexual harassing someone is against the law?
Switching gears, I agree that they should be given counseling when people do commit these offenses, especially to younger children. I agree that help should be given to those who commit crimes, but does this mean they should be exempt from their punishment? No.
Billy, a capable student, is probably aware of the consequences that he faces. Billy needs a second chance at an education. Mistakes happen, and I don't believe expulsion is the right way to handle things all the time.
Of course there are some extraneous circumstances, but for minor lapses in judgment, there should be a step below expulsion that one must travel through before the final consequence. Maybe some sort of "Strike 1/2/3" system?
Billy is breaking THE LAW. He, like 40 year old Joe is aware of the consequences, if 40 year old Joe is caught doing something outside of the law, he will not get 3 chances to make it up, he will get punishment the first time around, maybe jail time if the crime is severe enough. Billy, on the other hand, commits the same offense, and merely gets expelled for it, and gets counseling along with it. We are already lessening the punishment considerably, why further lessen the punishment? Do we WANT to encourage crime?