Student Threats of Violence (Education Code Section 48900.7)

With the prevalence of violence in public schools today and the recent events involving student shootings nationwide, school administrators and law enforcement are taking a very hardline stance on threats of violence by students.

Whether it is a comment overheard at school or a post viewed on social media, a threat of violence by a student can have a tremendous impact on the student. School officials will act quickly in cases involving threats of violence, so you need to be prepared for what could potentially happen next.

How Schools React to Threats of Violence by a Student

Once a student threat of violence has been identified and made known to school officials and/or law enforcement, the school and law enforcement will respond swiftly and aggressively. School officials will argue that this quick reaction is necessary to maintain a safe and orderly school environment and to ensure the safety of all the students and the staff.

Nowadays, immediate disciplinary measures will likely be considered and enforced. This means your child could face immediate suspension and a recommendation for expulsion from the entire school district. School administrations and law enforcement want to make clear to the offending student and the rest of the school community that threats of violence will not be tolerated.

This stance of taking quick action is very common amongst school administrators and law enforcement. That is why you need to understand your child’s rights and what actions you should take if your child is subjected to school discipline.

What Should You Do If Your Child is Accused of Threatening Violence?

The U.S. Supreme Court has ruled that students have due process rights when facing suspension or expulsion from school. This ruling means that fair procedures and treatment must be followed in school suspension and expulsion cases. Under California Education Code Section 48900, your child has a right to appeal a school expulsion and seek an expulsion hearing.

School expulsion hearings take place in front of an independent panel made up of educators and administration staff. At the hearing, the panel hears testimony regarding your child’s case from school officials, witnesses, students and anyone else authorized to speak on behalf of your child.

This is why you should consider hiring an experienced school expulsion lawyer to represent your child. Your school expulsion attorney 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.

Contact the Experienced School Expulsion Attorneys at Wallin & Klarich Today

If your child is facing school discipline for making threats of violence, you should not give up your student’s rights. Speak to an experienced school expulsion lawyer at Wallin & Klarich about how you can fight the school discipline. Our skilled lawyers at Wallin & Klarich are some of the most experienced school expulsion lawyers in Southern California. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, our skilled school expulsion attorneys are available to help you no matter where you live.

Contact our law firm today at (877) 466-5245 for a free phone consultation. We will get through this together.