How To Fight School Expulsion (Education Code 48432.5)
If your child is transferred to another comprehensive school or continuation school, it can have a lasting impact on his or her education and life. However, under California Education Code Section 48432.5, your child has rights to certain notices, procedures and the right to request a meeting with a designee of the district superintendent of the school before the transfer.
Note that there are limited circumstance in which students may be involuntarily transferred (to another comprehensive school or a continuation school) even if not expelled: if the board determines that the student committed a mandatory zero tolerance offense but does not wish to expel (e.g., due to procedural violations or because expulsion is not appropriate in the circumstances). Cal. Educ. Code §§ 48918(e) and 48432.5.
With so much at stake, you should consider hiring an attorney to represent your child during this process. Wallin & Klarich is one of the few law firms with experience successfully fighting involuntary transfers. We may be able to help you prevent your child from being transferred.
The School Transfer Process In California
A transfer may be voluntary or involuntary. While some educators may persuade you into transferring your child voluntarily; transferring your child voluntarily may actually harm the students due process rights afforded under the expulsion laws of California. Before making a voluntary transfer consider what is at stake for your child and reach out to someone with knowledge to better suit you when making the decision.
If you have received notice of an involuntary transfer, you may be able to fight school transfer first by having your attorney present a strong argument on your child’s behalf at the superintendent meeting. An involuntary transfer must be based on the same findings as an expulsion under California Education Code Section 48900.
Fighting An Involuntary Transfer? (Education Code 48432.5)
If the school board decides to transfer your child involuntarily, it does not mean your case is over. You can continue fighting the transfer. A decision to transfer the student involuntarily shall be in writing, stating the facts and reasons for the decision and if applicable sent to the student’s attorney.
Under California Education Code Section 4843.5, a student who is given notice of an involuntary transfer from school (or their parent or legal guardian) shall be based on a finding that the student committed an act enumerated in Section 48900 (Expulsion). Under California Code Section 48900 the student is entitled and can appeal the decision with the county board of education. You have 30 days to file an appeal.
Contact The School Expulsion Attorneys At Wallin & Klarich Today
If your child is facing involuntary or an offer of a voluntary transfer from school, you need to contact a school expulsion attorney to help you fight the school transfer. 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 (714) 867-1891 for a free phone consultation. We will get through this together.