School Expulsion & Suspension Hearings – Expulsion & Suspension Proceedings – California Education Code Section 48900

Expulsion and suspension proceedings consist of two parts. First, a panel of three teachers from another school hears testimony in the case. This includes testimony from school officials, the student and anyone speaking on his or her behalf.

The panel will then have to make a decision on your child’s fate.  The panel can do any of the following:

(1)    Recommend expulsion, which means your child cannot attend any school in the district.

(2)    Suspend expulsion, which puts your child on probation for up to one year.  Your child will be able to go back to school.  If he or she does not violate any terms of the probation, then your child will not be expelled.  If your child does violate a term of probation, then your child will be expelled.

(3)    No expulsion, which means your child can go back to school as normal and the proceedings end here.

Second, if the panel decides for expulsion or a suspended expulsion, the case is submitted to the school board.  This board has the power to stop any expulsions, by suspending the expulsion.  The school board will make a decision using written testimony from the three-teacher panel, but may also hear a limited amount of new testimony.

If your child is expelled from school, you may file an appeal with the county of education within 30 days following the school board’s decision.  The review by the county board of education of the decision of the governing board shall be limited to the following questions:

(1)    Whether the governing board acted without or in excess of its jurisdiction.

(2)    Whether there was a fair hearing before the governing board.

(3)    Whether there was a prejudicial abuse of discretion in the hearing.

(4)    Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board.

The county board of education will make a decision on whether to affirm, reverse, or remand the matter back to the school board.

Our goal is to keep your child in the same school or the same district, getting the best available education and preventing any loss of established friendships. It is imperative that you call Wallin & Klarich today to discuss your options with our Southern California school suspension attorneys if your child is faced with a suspension hearing.  Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at (888) 280-6839.  We will be there for you and your child when you call.