Assuming a violation of Education Code Section 48900 occurred on school grounds, traveling to or from school, during a lunch break (even if off campus), or at or traveling to or from a school-sponsored event, a child may face expulsion. The procedure for such punishment generally requires the consultation of an attorney.
First, the principal will explain the rule which was broken and expel or suspend the student. Within 30 schooldays of said incident, a hearing will be held by the school district board, a few appointed teachers, the hearing officer for the county, or a hearing officer from the state. Next, the student will receive notice within 10 days of the hearing, containing the reason for the punishment, the time and place of the proceeding, the school rules, and a notice to the parents of the student that they have a duty to tell any new school of their child’s expulsion. The student’s notice will enumerate his or her rights of representation, inspection of documents and witnesses, evidence, presentation of documents or words, and to subpoena witnesses.
The student will be granted a postponement of 30 days, if desired, but any other postponement is up to the Board. The hearing can be public or private, which the student requests, and then a private meeting by the board takes place afterwards to determine punishment. The student is allowed to be present at the private meeting if the board permits anyone outside of the board to be present. Within 3 school days or 10 calendar days, the school will hand down a verdict, which appealable if there were any procedural errors made during the hearing.
Appeals are to be filed within 30 days of the verdict, and will be used to answer a limited range of questions. The appeal can address whether the board exercised adequate jurisdiction, the hearing was fair or prejudicial, or there was evidence that should have been used at the hearing. A new verdict will be handed down.
A good attorney will organize a defense, present it competently to the board, and aid in his or her effort to avoid the devastating effects of a school expulsion. The inconveniences of an expulsion on the parents, and the difficulties the student will face thereafter, make representation invaluable.
If you or someone you know is facing criminal charges, or their professional license is at risk, contact Attorney Miranda McCroskey for an immediate consultation at (833) 865-6253 or email her at info@unlocklegal.com.
