How to Appeal a School Expulsion Hearing Decision
A child being expelled from school is a serious matter. Not only is the time away from school detrimental to the child’s education, but it could also have a lasting impact on his or her entire future.
The decision to expel your child was likely made at an expulsion hearing. While it may seem like a decision to expel your child is final, this does not have to be where your fight ends. You may be able to appeal the school expulsion decision.
What is a School Expulsion Hearing?
After it is determined that your child broke a school rule on campus or another eligible location, a school expulsion hearing is scheduled. The hearing must take place within 30 school days after the alleged incident took place. At least 10 days before the hearing, the student must receive a written notice containing information about the hearing along with other important details regarding the expulsion.
You can hire an attorney to represent your child at a school expulsion hearing, and doing so will give you the best chance at a favorable outcome. However, if you did not hire an attorney and your child was expelled, you can appeal the decision. During a school expulsion appeal, your attorney will look for any procedural errors made during the initial hearing. If any procedures were carried out improperly or if your child was not given a proper hearing, your child has solid grounds for an appeal.
How to Appeal School Expulsion
If your child has been expelled and you want to appeal the decision, there are a few steps you need to take right away. It is possible to file an appeal with your county’s board of education within 30 days of the decision. The school board’s decision will then be reviewed by the county board of education.
The review is limited to a handful of questions that apply to the expulsion decision. The county board will determine:
- Whether the school board acted without or in excess of its jurisdiction
- Whether there was a fair hearing before the school board
- Whether there was a prejudicial abuse of discretion in the hearing; AND
- Whether there is relevant material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the school board
After the review is conducted, the county board of education will make a decision to affirm it, reverse it or remand the case back to the school board.
Call the School Expulsion Attorneys at Wallin & Klarich
If your child has been expelled and you are looking to appeal the decision, you should speak to an experienced school expulsion lawyer. At Wallin & Klarich, we have over 40 years of experience protecting students at risk of being expelled from school. Not only will we be able to provide a voice for your child during the hearing, we can also review the process to make sure that the hearing was conducted properly.
With offices in Los Angeles, Orange County, Riverside, San Diego, San Bernardino, Sherman Oaks, Torrance, Ventura, Victorville, and West Covina, you can find a dedicated Wallin & Klarich attorney no matter where you work or live.
Call us at (877) 466-5245 for a free phone consultation. We will be there when you call.
