How to Fight School Expulsion (Education Code 48900)
If your child is expelled from school, it can have a lasting impact on his or her education and life. However, under California Education Code Section 48900, your child has a right to appeal a school expulsion and seek an expulsion hearing.
With so much at stake, you should consider hiring an attorney to represent your child at the expulsion hearing. Wallin & Klarich is one of the few law firms with experience successfully appealing school expulsions. We may be able to help you fight school expulsion.
The School Expulsion Process in California
You may be able to fight school expulsion first by having your attorney present a strong argument on your child’s behalf at a school expulsion hearing. School expulsions begin with a hearing in front of an independent panel, typically made up of educators and administration staff.
The panel hears testimony regarding your child’s case. School officials, witnesses, students and anyone else who is authorized to speak on behalf of your child may be called upon to speak at the hearing. This is why you should consider hiring a lawyer to represent your child. Your lawyer may be able to attack the credibility of the witnesses and the evidence against your child. Your lawyer may also be able to provide evidence that your child is an exemplary student that should not be expelled.
After the hearing, the panel will recommend to the school board whether your child should be expelled. The school board can choose to accept the recommendation or reverse it.
Appealing an Expulsion Decision (Education Code 48919)
If the school board decides to expel your child, it does not mean your case is over. You can continue fighting the expulsion. Under California Education Code Section 48919, a student who is expelled from school (or their parent or legal guardian) can appeal the decision with the county board of education. You have 30 days to file an appeal.
When determining whether to hear your child’s appeal, the county board of education will review the following information pursuant to Education Code Section 48922:
- 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 at the hearing
- Whether there is relevant evidence which could not have been reasonably produced or was improperly excluded at the hearing
If your child’s appeal is granted, a hearing will take place in front of a hearing officer or an impartial administrative panel. Your school expulsion lawyer can argue against your child’s expulsion during the appeal hearing.
The hearing officer or panel will make a recommendation based on the appeal hearing to the county board of education within three school days after the hearing. The board will make a final order within 10 school days of receiving the recommendation. The board can choose to reverse or affirm the decision.
Contact the School Expulsion Attorneys at Wallin &Klarich Today
If your child is facing expulsion from school, you need to contact a school expulsion attorney to help you fight the school expulsion. At Wallin & Klarich, our attorneys have over 40 years of experience successfully representing clients in school expulsion cases. There are very few other lawyers who have the experience and knowledge necessary to win these types of cases.
With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich school expulsion attorney available to help you no matter where your child’s school is located.
Contact our law firm at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.