May 17, 2017 By Paul Wallin

A School Suspension Can Lead to School Expulsion if You Don’t Know Your Rights

Most parents are caught off guard when they receive a call from their child’s school instructing them to come to pick up their child immediately. Once the parent arrives at the school, they are told that their child is being suspended for some alleged violation of the California Education Code.

The vast majority of parents and students are entirely unfamiliar with the California Education Code. Most students and parents have no understanding of the applicable laws and rules to be applied during the suspension and expulsion process. Knowledge is power, and without sufficient knowledge and experience in this area of law, students and parents will be kept in the dark indefinitely.

So, what happens if my child is suspended from school? What should I be aware of?

Can My Child Be Expelled After a School Suspension?

If your child is suspended from school, he or she will likely be informed of this during school hours. The child’s parent or guardian will be called to come pick up the child from school. Once a parent arrives, the student and parent receive a notice of suspension. This is the typical suspension process, but it could lead to school expulsion.

Shortly after being suspended, a subsequent notice may arrive in the mail. This notice indicates that the initial suspension has been extended indefinitely pending potential expulsion. So, what was initially supposed to be a two to five day out-of-school suspension will be extended until a recommendation for expulsion can be determined. What can you do now?

What Can You Do if Your Child Has Been Recommended for School Expulsion?

Receiving a notice that your child could possibly be expelled from school can create an incredible amount of anxiety and uncertainty for both students and parents. Unfortunately, the school and school district do little to alleviate your uncertainty. It is to the school district’s advantage for parents and students to remain unfamiliar with the applicable laws related to the school disciplinary process. However, that is why our school expulsion attorneys at Wallin & Klarich are here for you.

In order to expel your child, the school must hold a hearing in which they will attempt to prove that your child committed the alleged act. The hearing must be held within 30 school days of the alleged incident. School expulsion hearings are conducted by the governing board of the student’s school district, a panel of three appointees (e.g. teachers), the county hearing officer, or a hearing officer contracted through the Office of Administrative Hearings of the State of California.

When your child receives the notice of possible suspension, the notice should detail the reasons why he or she is being considered for expulsion. The notice also informs the child of his or her rights, including the right to be represented by a lawyer at this hearing. This is the most important right because you have the best chance at avoiding suspension if you hire an experienced school expulsion attorney.

Contact a School Expulsion Attorney at Wallin & Klarich Today

If your child is facing a suspension or expulsion, you must consult with an attorney well versed in this area of the law. Do not leave it up to the school or the district to ensure that any disciplinary proceedings are subject to fundamental due process. Do not leave it up to the school or the district to stand up and advocate for your child because, often times, they will not.

Speak to an experienced school expulsion attorney at Wallin & Klarich about representing your child during a school expulsion hearing. Your lawyer will have a deep understanding of the Education Code and will fight hard for your child so he or she avoids being expelled. Our school expulsion attorneys at Wallin & Klarich have been successfully representing students in expulsion matters for more than 40 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich school expulsion lawyer available near you no matter where your school is located.

Contact us at (877) 466-5245 for a free phone consultation regarding your case. We will get through this together.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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