How to Win an Expulsion Hearing (Education Code 48900)
School expulsion is a scarlet letter on a student’s record. Students who are expelled not only have to attend a school out of the district, but an expulsion could also impact their ability to get into colleges and come up on background checks. That is why you need to know that every student who is recommended for expulsion is entitled to a school expulsion hearing.
At an expulsion hearing, you have the right to be represented by an attorney, but unlike in a criminal case, an attorney will not be provided to you if you do not hire one. If you want to win an expulsion hearing, you should speak to an experienced expulsion lawyer who can aggressively advocate for you.
How School Expulsion Cases Work
Under California Education Code Section 48900, a student can be expelled for any number of reasons, including:
- Causing physical injury to another person
- Possessing a dangerous object
- Using illegal substances
However, once a student is recommended for expulsion, he or she has the right to ask for a school expulsion hearing.
The hearing can be conducted by the governing board of the student’s school district, a panel of three appointees, the county hearing officer or an independent hearing officer. At the hearing, testimony from any witnesses, including other students and teachers, is heard.
How to Win a School Expulsion Hearing
The best thing you can do if you wish to obtain a favorable result at a school expulsion hearing is contact an experienced attorney to represent you or your child at the hearing. An expulsion hearing is similar to a criminal trial, so you will want to be represented by someone who has years of experience successfully arguing for clients. How can an experienced attorney make a difference at your school expulsion hearing?
First, your expulsion lawyer will interview you or your child about the alleged incident. After learning the facts of the case, your attorney could determine whether the rights of the student have been violated. Minors in school have certain rights, but they are often violated by school officials or police at school. If your rights were violated, your lawyer may be able to get the recommendation for expulsion overturned.
Additionally, your school expulsion attorney will attempt to work with school and district officials to agree to a punishment that does not result in expulsion. There are many options that may be agreeable to both the student and the school rather than going through the school expulsion hearing process.
If an agreement can’t be reached, your lawyer will fight zealously on your behalf at the expulsion hearing. Your lawyer will attempt to present evidence and witness testimony that shows your good character while attacking the credibility of the accusations against you. This will help show that you are not the kind of person who deserves to be expelled from the entire school district.
Contact the School Expulsion Attorneys at Wallin & Klarich Today
If your child is facing expulsion from school, you should contact an experienced school expulsion attorney immediately. At Wallin & Klarich, our skilled and knowledgeable lawyers have over 40 years of experience successfully representing clients facing expulsion from school. We’ve helped thousands of clients in their time of legal need, and we can help you now.
We have offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego. You can find a dedicated Wallin & Klarich school expulsion attorney available near you no matter where you are.
Call us now at (877) 466-5245 for a free phone consultation. We will get through this together.