When a student is recommended for expulsion from school, he or she is entitled to a school expulsion hearing. At the hearing, it will be up to a panel of teachers or school administrators to decide whether to confirm the recommendation to expel the student or deny it.
However, before the hearing, the school district may offer to come to a stipulated expulsion agreement with the student or the student’s parents. To help you protect your rights or the rights of your child, our experienced school expulsion attorneys will help you understand stipulated expulsion agreements and whether you should agree to them.
What is a Stipulated School Expulsion Agreement?
A stipulated expulsion agreement is a written agreement made before the expulsion hearing. By agreeing to the stipulated expulsion, the student is essentially admitting that he or she violated school code in a way that could result in expulsion from school. By agreeing to this, an alternative punishment is reached so that the student is not expelled from school.
Some alternative forms of punishment are:
- A behavior contract agreed to by the student and the school district – the student agrees not to commit any further violations of school code and is allowed to return to school
- Am involuntary transfer to another school within the district
- A suspended or probationary expulsion with minimal terms
If you come to a stipulated school expulsion agreement, you or your child is waiving his or her right to a school expulsion hearing. You are agreeing that you committed the violation in exchange for a lighter punishment.
So, if you or your child is suspended and recommended for expulsion, should you sign a stipulated expulsion agreement with the school district?
Should You Sign a Stipulated Expulsion Agreement?
The short answer is “NO.”
However, it is much more complicated than that. You should consult with an experienced school expulsion lawyer before you decide whether to agree to stipulated expulsion.
Almost always, stipulated expulsion agreements are presented to the student and parent before any evidence related to the allegations has been provided. The school is basically asking you to give up your rights under the California Education Code and admit that you violated school code before allowing you to review the evidence or statements related to the incident.
Depending on the facts and circumstances surrounding the allegations against the student, the term “agreement” in this context may be misleading. No matter how informal or necessary the school makes this agreement seem, these stipulated expulsion agreements have serious legal and practical implications for a student and his or her future. That is why it is extremely important that you understand your rights before entering into a stipulated expulsion agreement with the school district.
Understanding Your Rights with Stipulated School Expulsion Agreements
By definition, a stipulated expulsion requires the student and his or her parent to admit that the student committed an act that constitutes grounds for expulsion. Depending on the circumstances of the allegations, admitting that the student committed the act could have devastating consequences, including possible criminal charges that will be difficult to defend against.
Additionally, by entering into a stipulated expulsion, you waive and give up all your rights under the California Education Code. This includes the right to an administrative hearing and the right to appeal the expulsion. Essentially, by signing the stipulated agreement, the student and parent voluntarily agree to the proposed expulsion and submit to whatever terms the district deems appropriate.
Our Experienced School Expulsion Lawyers Can Help You Now
You should never agree to a stipulated school expulsion agreement or enter a school expulsion hearing without first consulting with an experienced education attorney. Our school expulsion lawyers at Wallin & Klarich have more than 35 years of experience successfully representing students in school expulsion matters. Let us help you now.
With offices in Orange County, Los Angeles, Riverside, San Bernardino, Victorville, West Covina, Torrance and San Diego, our skilled and knowledgeable school expulsion lawyers are available to help you no matter where you work or live.
Contact our law firm at (877) 466-5245 for a free phone consultation about your case. We will be there when you call.