How You Can Be Expelled From School for Off-Campus Incident
We all know fighting, dealing drugs or bringing weapons on campus can result in expulsion from school. But what many parents do not realize is that their children can be expelled from school for incidents that are not school-related.
If your child is expelled for off campus behavior, it is important to know just how much discretion California schools have in disciplining students.
The following are examples of off-campus behavior that can result in an expulsion from school…
Cyberbullying (California Education Code Section 32261)
In January 2012, California Assembly Bill 746 came into effect, amending Education Code Section 32261 so that this law would also include cyberbullying. This gives school administrators the authority to suspend or recommend expulsion for students who use social networks to bully others.
The law was signed as a result of some high-profile cyberbullying cases in which an alarming number of teenagers committed suicide after they were targeted with hateful comments and elaborate pranks from fellow classmates through text messages, voicemails and comments on social media sites like Facebook, Twitter and Instagram. The law would have been seen as too intrusive a few years ago, but now reflects how much technology has become a part of our lives.1
Keeping an Unloaded Weapon in the Trunk of a Car (California Education Code Section 48900)
In a case out of Chico, a Willows High School junior named Gary Tudesko was expelled after school officials found unloaded shotguns in the trunk of his pickup truck. Tudesko went bird hunting earlier that morning and acknowledged that he should have left the weapons at home before going to school. He argued he should not have been suspended because he parked his truck off campus. However, the Willows Unified School District argued that the school had jurisdiction over students traveling to and from school. Furthermore, the school district argued that although Tudesko parked off campus, the school still had jurisdiction over the area where Tudesko parked because it was primarily used by students.2
Under California Education Code Section 48900, a school can pursue expulsion when a student is in possession of a firearm, knife or explosive without written permission from the school. Many school districts do not allow students to posses a firearm within 1,000 feet of campus.
Any Prohibited Activity During Lunch Off Campus (California Education Code 48900)
It is important to remind your child that just because he/she is able to go off campus for lunch, school rules still apply. While many students go off campus for lunch to get away from the same cafeteria food every day, others use it as an opportunity to buy, sell or use drugs or any other prohibited activity. School administrators have the authority to investigate and conduct searches if they hear about any illegal activities that may have occurred off campus.
Your child can also be expelled for a prohibited act under school code while:
- Going to or coming from school; and
- Going to, coming from or during a school-sponsored activity.
As a rule of thumb, it is important for your child to remember that lunch off campus is not a “break” from school and to stay in “school mode” before, during and after classes.
Contact an Experienced School Expulsion Attorney Today
If your child is facing a suspension or expulsion from school, it is critical that you speak to an experienced school expulsion attorney. At Wallin & Klarich, our attorneys have over 40 years of experience in representing families at school expulsion hearings in Southern California. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you are located.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. [California Clarifies Cyberbullying Law to Include Social Networks, July 18, 2011, http://www.centerdigitaled.com/policy/California-Clarifies-Cyberbullying-Law.html]↩
2. [Student expelled for having unloaded shotguns in truck, November 20, 2009, http://www.chicoer.com/news/ci_13831318]↩
