April 8, 2014

Students from grade school to high school and their parents need to understand that being expelled from school can lead to devastating consequences. Fortunately, you are allowed to appeal a decision made at a school expulsion hearing.

Our attorneys at Wallin & Klarich have over 30 years of experience assisting families successfully appeal an expulsion. We want to share with how the process of appealing a school expulsion works and why you should consider having an experienced attorney represent you throughout the process.

How Can You Appeal a School Expulsion Decision?

appeal a school expulsion decision
You can appeal a school expulsion decision if you are expelled.

Under California Education Code Section 48919, a student who is expelled from school or his or her parent or legal guardian may file an appeal with the county board of education as follows:

  • Within 30 days following the decision to expel;
  • If the appeal is timely filed, the responding board of education must hold a hearing and render a decision; and
  • The period within which an appeal must be filed is determined from the date a governing board votes to expel, even if enforcement of the expulsion is suspended and the student is placed on probation pursuant to Education Code Section 48917.

If you fail to timely appeal the original expulsion decision, you may not subsequently appeal any future decision to revoke probation and impose the original order of expulsion.

Rules and Regulations for Expulsion Appeals are set by County Board of Education

Each county board of education adopts its own rules and regulations for the appeals hearing process except as otherwise provided for in the California Education Code.

A student who has been expelled (or placed on probation while the original expulsion is suspended) must submit a written request for a copy of official transcripts and supporting documents from the school district at the same time as filing a notice of appeal.

The school district must provide the student with all necessary records within 10 school days of the student’s written request.

Generally, the student is responsible for all costs for transcripts and other records.

Grounds for Appealing a School Expulsion Decision

The county board of education will hear an appeal of a school expulsion decision only under the following grounds for appeal, pursuant to Education Code Section 48922:

  1. Whether the school board acted without or in excess of its jurisdiction;
  2. Whether there was a fair hearing before the school board;
  3. Whether there was a prejudicial abuse of discretion in the hearing, which includes:
    1. If school officials have not met the procedural requirements;
    2. If the decision to expel a pupil is not supported by the findings prescribed by Education Code Section 48915; or
    3. If the findings are not supported by the evidence; and
  4. 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.

The County Board of Education Appeal Decision is Final

An appeal is heard by a hearing officer or an impartial administrative panel. Upon the conclusion of a school expulsion hearing, the hearing officer or administrative panel must prepare a recommended decision, including any findings or conclusions required for that decision, and must submit that recommendation and the record to the county board of education within three school days of hearing the appeal (Education Code Section 48919.5).

Within 10 school days of receiving the recommendations and record from the hearing officer or panel, the county board of education will review the recommended decision and record and make a final order of the board.

What Can The County Board of Education Decide?

school expulsion attorney
A school expulsion attorney can help you appeal your expulsion.

The county board has three options:

  1. Affirm the governing school board decision to expel;
  2. Reverse the decision; or
  3. Remand the matter back to the school board for reconsideration, during which time the student may be reinstated pending reconsideration.

If the county board reverses the decision to expel, the county board may direct the local board to expunge the student’s record and any records of the district as to any references to the expulsion.

Additionally, if the county board of education reverses the governing school board’s original decision to expel, the local governing school board must reimburse the student for the cost of any required transcripts.

Wallin & Klarich Has Over 30 Years of Experience Appealing a School Expulsion Decision

If you or your child is facing expulsion from school, you don’t have to go through this difficult experience alone. You are entitled to have an experienced school expulsion attorney represent you throughout the entire process.

Because a student’s future is at stake, we strongly recommend that you contact our attorneys at Wallin & Klarich today so that we can explain the process of appealing a school expulsion decision and help you explore all of your options.

Our attorneys have over 30 years of experience successfully defending the rights of our clients facing the serious consequences of being expelled from school.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich will evaluate all of the evidence, investigate the procedures taken and develop a strategy that gives you and your family the best possible chance for a successful appeal.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

Author

Author: Matthew Wallin

Matthew B. Wallin is an experienced and knowledgeable attorney at Wallin & Klarich. He approaches each case as an opportunity to help an individual at a time when they need it most and understands that he is the one they have turned to for help.   Mr. Wallin has represented hundreds of our clients in cases involving DUI and DMV hearings, domestic violence, assault and battery, drug crimes, misdemeanors and serious felonies. With extensive experience handling DUI cases, Mr. Wallin is one of the premiere DUI defense attorney in Southern California.

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