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Juvenile Process

School Expulsion Hearings in California

You have just received written notice that the principal is recommending that your child be expelled from school district. What do you do now?

Your child cannot succeed in life without an education. Your childs future is hanging in the balance. When your child is facing a school expulsion hearing, you should consider immediately retaining Attorney George Kita to represent your child for the school expulsion hearing. 

DON'T LET YOUR SCHOOL DISTRICT DESTROY YOUR CHILD'S SELF ESTEEM, ACADEMIC FUTURE AND CAREER DREAMS

Fortunately our office has been representing students thru out California to help them become successful in finishing school and going onto college. Millions of dollars in future earnings of the child are at stake. Going thru an expulsion proceeding is very traumatic for your child.

A child expelled will likely have a lasting stigma and may not have the desire or confidence to pursue college or certain professional career paths. Why let a school district place a glass ceiling on your child's future and place your child in a continuation school? Your child deserves better.

School Districts often try to expel students for various alleged violations of California Education Code Section 48900.

Your child cannot be suspended from his of her school or recommended for expulsion unless the superintendent or principal of the school in which your child is enrolled determines that your child has violated California Education Code section 48900.

California Education Code section 48900:

(a)(1) Caused, attempted to cause, or threatened to cause physical injury to another person.

(2) Willfully used force or violence upon another person, except in self defense.

b. Possessed, sold or otherwise furnished any firearmn, knife, explosive or dangerous object unless the student had obtained written permission to possess the item from a certified school employee, and concurred by the principal or designee of the principal.

c. Unlawfully possessed, used, sold or otherwise furnished or been under the influence of any controlled substance, an alcoholic beverage, or an intoxicant of any kind.

d. Unlawfully offered, arranged, or negotiated to sell any controlled substance, and then either sold, delivered, or otherwise furnished the controlled substance to another person.

e. Committed or attempted to commit robbery or extortion.

f. Caused or attempted to cause damage to school property or private property.

g. Stolen or attempted to steal school property or private property.

h. Possessed or used tobacco, or any products containing tobacco or nicotine. This section does not prohibit use or possession by student of his or her prescription products.

i. Committed an obscene act or engaged in habitual profanity or vulgarity.

j. Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia.

k. Disrupted school activities, or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or any school personnel engaged in the performance of their duties.

l. Knowingly received stolen school propety or private property.

m. Possessed an imitation firearm.

n. Committed or attempted to commit sexual assault or sexual battery.

o. Harrassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.

p. Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

q. Engaged in, or attempted to engage in, hazing as defined in section 32050. Hazing includes any method of initiation or preinitiation into a student organization or student body or any pasttime or amusement engaged in with respect to these organizations which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any pupil or other person attending any school.

r. A pupil may not be suspended or expelled for any of the actions enumerated in section 48900 unless that act is related to school activity or school attendance occuring within a school under the jurisdicitn of the superintendent or principal or occuring within any other school school district.

CAN A CHILD FACE EXPULSION FOR ACTIVITIES THAT OCCUR OFF CAMPUS?

Under limited circumstances, yes.

Your child may be suspended or expelled for acts enumerated related to school activity or school attendance that occur (Education Code section 48900 r.)

1.     While on school grounds

2.     While going to or coming from school

3.     During lunch period whether on or off campus

4.     During, or while going to or coming from, a school sponsored activity.

 

(s) A pupil who aids or abets, as defined in Section 31 of the penal Code, the infliction or attempted infliction of physical injury to another person may suffer suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).

AN INFORMAL CONFERENCE BY THE PRINCIPAL IS REQUIRED WHEN YOUR CHILD HAS BEEN GIVEN A SUSPENSION

When your child is suspended by the principal, it shall be preceded by an informal conference conducted by his or her principal.  At the conference, your child shall be informed of the reason for disciplinary action and be given an opportunity to present his or her version and evidence in his or her defense.  Your child cannot be suspended without a conference unless there is an “emergency situation” that exists under California Education Code section 48911 (c ).  If your child is suspended without a conference, both you  and your child shall be notified of the student’s right to a conference which must  be held within two school days, unless your child waives his or her right or is physically unable to attend pursuant to California Education Code section 48911 (d).

YOUR CHILD IS ENTITLED TO HEARING WITHIN 30 SCHOOL DAYS AFTER THE PRINCIPAL HAS DETERMINED THAT A VIOLATION OF CALIFORNIA EDUCATION CODE SECTION 48900 HAS OCCURRED.

Your child is entitled to a hearing to determine whether he or she should be expelled.  The hearing is required to be held within 30 school days, after the date the principal determines a violation of California Education Code section 48900 unless your child or his or her lawyer requests that the hearing be postponed. 

YOUR CHILD IS ENTITLED TO RECEIVE WRITTEN NOTICE OF THE EXPULSION HEARING 10 CALENDAR DAYS PRIOR TO THE HEARING.

The School District is required to send your child a written notice of the expulsion hearing 10 calendar days prior to the hearing.   Your child can present oral and documentary evidence. 

WHAT ARE THE FIVE MOST SERIOUS OFFENSES THAT REQUIRE EXPULSION IF THE BOARD FINDS THAT THERE IS SUFFICIENT EVIDENCE THAT THE STUDENT COMMITTED IT?

1. Possessing, selling or otherwise furnishing a firearm. (California Education Code section 48915(c)(1)

2. Brandishing a knife at another person. (California Education Code section 48915(c)(1).

3. Unlawfully selling a controlled substance. (California Education Code section 48915(c)(3).

4. Committing or attempting to commit a sexual assault or battery. (California Education Code section 48915(c)(4).

5. Possession of an explosive. (California Education Code section 48915(c)(5).

AFTER THE EXPULSION HEARING, HOW LONG DOES THE PANEL HAVE TO MAKE A DECISION?

After the hearing, the decision to expel must be made within 3 school days pursuant to California Education Code section 48918(e). 

WHAT ARE THE CHOICES THAT THE SCHOOL EXPULSION PANEL HAVE WHEN DECIDING A SCHOOL EXPULSION HEARING?

 The hearing panel has several choices:

(1) To recommend expulsion. This means that your child cannot attend any equivalent school in the District if the board accepts this recommendation.

(2) To suspend expulsion.  This means that they would suspend the enforcement of the expulsion for a period of not more than a calendar year.   During the period of suspension enforcement, your child is on probationary status.  The governing board may revoke the suspension of the expulsion if your child violates any student conduct behavior.  If your child does well on probationary period, the governing board can expunge his records of the expulsion hearing. 

(3) The panel can recommend not to expel your child. If this is the recommendation, the process stops at this point and nothing goes before the governing board.

WHAT ARE MY CHILD'S APPEAL RIGHTS IF THE LOCAL GOVERNING SCHOOL BOARD ADOPTS THE PANELS RECOMMENDATION OF EXPULSION?

If your child is expelled, your child has the right within 30 calendar days following the decision of the governing board to expel, to file an appeal to the county board of education. 

WILL AN EXPULSION AFFECT MY CHILD'S ABILITY TO GET INTO COLLEGE?

Colleges are getting harder and harder to get into. Many colleges now require prospective students to provide information on the Common Application, a form shared by 315 colleges, which ask students to disclose whether they have any student disclipine that resulted in probation, suspension, removal, dismissal or expulsion from school.

We are very experienced in handling student expulsion hearings.   Colleges are getting harder and harder to get into.   For that particular reason, it is a good idea to avoid any expulsion record.  Millions of dollars in future earnings are at stake.

School Expulsion Hearing Victories, Californa Education Code 48900

Criminal Threats, Burbank Unified School Distirct

Student allegedly said he wanted to shoot up and bomb the school to the school pyschologist who in turn reported the matter to police. Student also allegedly made threats to cause bodily injury to a student and two other individuals. Mr. Kita was able to convince the school district that there was insufficient legal grounds to expel student based on the requirements of California Education Code Section 48900. The Administrative Hearing Panel agreed with Mr. Kita and issued a written decision that student would not be expelled from the school district. After getting the news, the family was extremely pleased with the win.

Threats to School Staff, Pomona Unified School District

Student allegedly said he had a firearm in his backpack. The teacher called the front office who immediately dialed 911 and police responded within 90 seconds. Mr. Kita was able to convince the school disrict that there were insufficent evidence to expel student and that there were other feasible means of correction available. The panel issued a victory for the student the same day and student was allowed to return to school the next morning.

Sexual Assault, Kindergarden class, Los Angeles Unified School District

Student, a five year old student was accused of sexually assaulting two students for allegedly placing his hands in their pants and touching their private areas. The school called the LAPD to report an alleged sexual assault. The school proceeded to institute expulsion proceedings even though the child was only five years old.

At the expulsion hearing, the school attempted to present late evidence a half hour after the scheduled time of the hearing. After attacking the evidence presented by the school as well as the investigation done by the school, Mr. Kita convinced the panel that there was insufficient evidence to expel the student based on the California Education Code requirements.

Possession for Sales of Drugs/ School Expulsion Hearing, San Juan Capistrano Unified School District

Student a freshman high School student was accused of negotiating the sale and furnishing of controlled substances to Tesoro High School students and other Capistrano Unified School District students including high school and middle school students, during and after school hours via text messages. Student was accused of recruting salesmen and offering commissions. In addition, there was alleged statements about top shelf og bubblegum kush, referring to a high potency high grade very expensive marijuana. He reportedly stated in his text, "sold anthing yet/ The more money the better the bong." Student was accused of California Education Code section 48900 (d), illegally offering , organizing or negotiating the sale of any controlled substance, alcoholic beverage, or any other kind of intoxicant; and later selling, delivering, or otherwise providing to another person another liquid, substance, or material and representing the liquid, substance, or other material as a controlled substance, alcoholic beverage, or intoxicant."

Mr. Kita was able to successfully convince the school panel comprised of school administrators from other schools : two high school vice principals and one high school principal that there was insufficient evidence to expel student. After deliberating, the San Juan Capistrano Unified School District sent a written ruling that that there was insufficient legal basis to expel student. The student was allowed to return to school the next day.

Possession for Sales of Drugs/ William S. Hart Union High School District in Valencia

Student was under surveillance by the Los Angeles County Sheriff's Department because they received an anonymous tip via Crime Stoppers that a student was selling marijuana during school hours and after school in the school parking lot. Student was observed to receive money in apparent exchange for marijuana.

A search of student's car revealed a large amount of money, six more plastic vials of marijuana and a digital scale.

Mr. Kita was able to exclude all the evidence at the hearing. As a result, the panel made a written ruling that there was insufficient legal basis to expel student. The William S. Hart Union High School District agreed to expunge students disciplinary record including the suspension and expulsion proceedings.

Sexual Battery/ Bellflower Unified School District

Student was accused of grabbing the breasts of another student. The matter resolved with no expulsion and with the student being allowed to remain at the high school.

Possession of Drugs/ Involuntary Transfer Hearing, Los Angeles County High School For the Arts

Student, a sophomore was accused of possession a drug without a prescription and marijuana while attending a LACOE school. Mr. Kita was able to convince the panel not to transfer student to his home school.

Possession for Sales of Drugs Ecstasy/ School Expulsion Hearing, Orange Unified School District

Student, a sixteen year old faced a school expulsion hearing for allegedly violating California Education Code section 48900(c)(3) and 48915(k) for selling a controlled substance commencing with Section 11053 of Division 10 of the Health and Safety Code and for Disrupting school activities or otherwise willfully defied the valid authority of supervisors, teachers, adminstrators, school officials, or other school personnel engaged in the performance of their duties.

The student was alleged to have furnished ecstasy to a male and female student.

California Education Code section 48915(c)(3), requires mandatory expulsion if the allegations that the student committed the offense of selling or furnishing drugs on a school campus are found to be true.

After a vigorous cross examination of the schools witnesses, Mr. Kita was able to win the hearing. The student was allowed to return to school the same day.

Sexual Assault, Juvenile Sexual Battery, and Sexual Harassment / School Expulsion Hearing, Los Angeles Unified School District

Student, a ten year old, faced a school expulsion hearing for sexual assault, sexual battery and sexual harassment in violation of California Education Code section 48900. The Los Angeles Unified School District attempted to expel student based on the complaining witness alleging that student made her take her clothes off, touched her private parts, told her to put an object in her private area, and pretending to have sex with her.

Under Education Code section 48915(c)(4) , federal and state laws mandate expulsion if the allegations that the student committed or attempted to comit a sexual assault or battery are found to be true.

Mr. Kita was able to win the hearing by showing that the complaining party was not credible and that the was insufficient evidence to expel student.

Sexual Assault, Juvenile Sexual Battery, and Sexual Harassment/ School Expulsion Hearing, Walnut Unified School District.

Student, a 12 year old Walnut Unified School student was accused of sexual assault, sexual battery and sexual harassment in violation of California Education Code Section 48915(c)(4), which requires mandatory expulsion if the allegations are found to be true by the School Panel. The Walnut Unified School District attempted to expel student based on allegations that student had held a girl down to the ground and touched her private area.

Mr. Kita was able to provide evidence that exonerated the student as well successfully argued important parts of California Education Code. Mr. Kita won the hearing and the student was not expelled.

Assault of School Teacher, School Expulsion Hearing, Alhambra Unified School District.

Student, a freshman high school student allegedly assaulted his high school teacher by grabbing him in a headlock. Mr. Kita was able to successfully show what really happend. As a result, the School District agreed not to expel student.

Assault causing great bodily injury, Hacienda La Puente Unified School District.

Student a senior was facing expulsion for allegedly violation various provisions of the education code. Attorney was able to get the Hacienda La Puente Unified School District to withdraw its recommendation to expell student.

Possession for Sales of Drugs/ School Expulsion Hearing, Los Angeles Unified School District.

Client was arrested for reportedly selling marijuana to an undercover LAPD officer twice on a high school campus within the Los Angeles Unified School District. Mr. Kita vigourously cross examined the undercover LAPD officer and his supervisor, a lead narcotics detective. After punching holes in the case, Mr. Kita was able to win the hearing and the minor was not expelled from school despite a zero tolorance policy that mandates expulsion.

Fight on Campus leading to school riot/ School Expulsion Hearing, Covina School District

Student faced a school expulsion for getting into a school fight that led to a large riot. Despite witness statements implicating client, Mr. Kita was able to win the expulsion hearing by showing that the witnesses were not credible. Student was not expelled. He returned to school the very next day.

Bringing Replica Gun to School, School Expulsion Hearing, Monrovia Unified School District

Student brought a gun replica to school. Schools officials recommended expulsion of the student. Mr. Kita was able to convince the school district that student should not be expelled. Student was allowed to return back to school the very next day.

Bringing a Knife to School, School Expulsion Hearing, South Pasadena School District

Student faced a school expulsion hearing for bringing a knife to school. Mr. Kita was able to convince the school panel not to expel student.

Assault with a deadly weapon involving a knife on School Campus/ School Expulsion Hearing, Norwalk School District

Complaining party and his girlfriend claimed that client brandished a butterfly knife then attacked his ex-girlfriends boyfriend with the knife by putting it against his body. After cross examining the boyfriend, Mr. Kita convinced the school hearing panel that student did not attack the person with the knife nor brandish it. This was a successful expulsion hearing that lasted nearly six hours in length. Client was not expelled.

Possession for Sales of Drugs/ Marijuana on School Campus/ School Expulsion Hearing, ABC Unified School District, Norwalk, California

Student was accused of furnishing 40 ecstacy pills and possessing for sale marijuana. Also allegedly found were 50 empty baggies. The School sought to expel student. Mr. Kita was able to prevent the school from expelling student from the school district.

Under the Influence of alcohol, School Expulsion Hearing, William S. Hart Union High School District in Santa Clarita

Student, the son of a school teacher, allegedly admitted to drinking Vodka prior to coming on campus where he was denied entry to a school dance. He reportedly ran away from school officials, was caught school officials immediately sought to expel him because of a zero tolerance. Mr. Kita was able to challege the integrity of the case. Mr. Kita was successfull in winning this case and prevented the school district from expelling student.

Possession of Marijuana on school campus, School Expulsion Hearing, Westside Union School District in Quartz Hills

Student a 7th grader was recommended for school expulsion for possession of marijuana. Mr. Kita represented student at the hearing and argued that the school did not have the legal authority to expel student. After a full consideration of the arguments made by the students education attorney Mr. Kita, the school panel agreed to drop all proceedings and the student was allowed to return to school the very next day.

Successful Appeal to the Los Angeles County Office of Education, Expulsion Overturned by unanimous vote & Alhambra Unified School District Ordered to pay costs to student

In a very high profile case that was highly publicized in major television networks and newspapers, student was expelled from the Alhambra Unified School District. Mr. Kita filed an appeal the Los Angeles County Office of Education.

The County ordered that the Alhambra Unified School District to expunge the students disciplinary record and ordered the school district to pay costs of appeal to the student.

RETAIN A SCHOOL EXPULSION HEARING ATTORNEY TODAY TO DEFEND YOUR CHILD.

You are strategic and savy in everything you do. Apply the same wisdom by obtaining the best school expulsion defense attorney for your child. For a free consultation, please contact Attorney George Kita at (866) 548-2529 or at (626) 232-0970 or e-mail him at juvylawyer@aol.com

 

 



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Copyright 2003- 2014, George Kita, School Expulsion Attorney

NOTE: Information contained on this school expulsion page should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. The web site of the Law Offices of George Kita has been designed to provide educational information only and is not intended to offer legal advice. His practice is limited to Southern California Courts. There is no express or implied intent to solicit business from outside of California. Nothing herein is intended to constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Every case is different and outcomes will vary depending on the unique facts and legal issues of your case.