Know Your Rights During an Expulsion and Appeal Process
Are you or your child facing an expulsion or suspension from school?
Suspension or expulsions can occur due to a variety of reasons. For public schools, the cause for expulsion must be an action or behavior that is explicitly stated in the California education code as expletory behavior. The misconduct also must have happened on school grounds, during a school sponsored event, or when the student is going to and from school.
Private institutions on the other hand have much more leeway in what they may expel a student for. The rights a student has at a private institution vary depending on the school, and their specific policies.
Furthermore, public institutions’ decisions are appealable to a certain extent. This appeal process will be discussed at length further in this article.
Know your rights in California
If you are a student or parent of a student who is facing expulsion or suspension from your public school, you have rights under California law that must be adhered to during any disciplinary proceedings.
When charged with expulsion the student must receive a written notice 10 days in advance of the hearing that details the facts and charges of the case, and what rights you have as a student (§48918(b)) The notice also must include:
- A copy of the disciplinary rules of the school district that relate to the alleged violation
- A notice of the parent, guardian, or pupil’s obligation pursuant to subdivision (b) of Section 48915.1.
- Notice of the opportunity for the pupil or the pupil’s parent or guardian to appear in person or to be represented by legal counsel or by a non-attorney adviser, to inspect and obtain copies of all documents to be used at the hearing, to confront and question all witnesses who testify at the hearing, to question all other evidence presented, and to present oral and documentary evidence on the pupil’s behalf, including witnesses. In a hearing in which a pupil is alleged to have committed or attempted to commit a sexual assault as specified in subdivision (n)
You have the right to have counsel represent you during the expulsion process to assist you in making sure your rights are protected.
You can appeal a decision made at an expulsion hearing for reasons provided by law and you must be careful about the timelines required to submit the appeal.
During this time, it is important to note that a school can decide to suspend the student while the governing board of the school district has rendered a decision in the action. This can occur if the district feels the student is a danger to the school. If your student’s suspension is extended, you have the right to a meeting in which the pupil and the pupil’s parent or guardian are invited to participate. (EDC 48911.)
What is the Hearing and Appeal process for Expulsion in Public Schools?
The appeal process occurs after a decision has been made regarding your expulsion. By California law, students have the right to a hearing within 30 days of their expulsion. Before a hearing students have the right to postpone that hearing by 30 calendar days by submitting a request in writing.
Following an expulsion, a student or their parents have a 30-day window to appeal the decision through the county board of education (CA Ed. 48919) Each county has a different education code whose specific documents and procedure of submitting an appeal may vary. What is important is that this appeal deadline is met. If your appeal is not submitted within that deadline your right to an appeal will be rescinded.
A student can only appeal for reasons outlined under California education Code Section 48922:
(1) Whether the governing board acted without or in excess of its jurisdiction.
(2) Whether there was a fair hearing before the governing board.
(3) Whether there was a prejudicial abuse of discretion in the hearing.
(4) Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board.
If you were in a situation where you think any of these four cases happened, you can appeal to your school board county with the proper documentation.
What is the TimeLine to Start an Appeal?
If you want to appeal a decision of expulsion from your school district you must submit your appeal within 30 calendar days. This starts the day you are given formal notice of your disciplinary decision.
Why is it important to have legal representation during an appeal process?
Appeals are cumbersome processes that have critical effects on you or your child’s life. We recommend contacting an experienced education defense attorney to assist you in the process. An attorney will be able to assist you in making sure all the necessary documents are gathered, and prepare for your hearing, giving you a higher chance of obtaining the outcome you desire.
Additionally, decisions are only appealable to a certain level. The next steps may necessitate a lawsuit to challenge the decision made in an appeal hearing.
