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.
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 principalor 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 supevisors, 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 initation 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 superinttendent or principal or occuring withing any other school school district.
CAN A CHILD FACE EXPULSION FOR ACTIVITIES THAT OCCUR OFF CAMPUS?
Under limited circumstances, yes.
child may be suspended or expelled for acts enumerated related to
school activity or school attendance that occur (Education Code section 48900 r.)
While on school grounds
While going to or coming from school
During lunch period whether on or off
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 upil 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
you 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 suspend without a conference unless there
is an “emergency situation” that exists under California Education
Code section 48911 (c ). If you 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.
child is entitled to a hearing to determine whether he or she should
be expelled. The hearing is required to be hold within 30
school days, after the date the principal determines a violation of
California Education Code section 48900 unless the 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 CALENDER 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
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 conrolled 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?
hearing panel has several choices:
To recommend expulsion. This
means that your child cannot attend any equivalent school in the District if the board accepts this recommendation.
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.
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?
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 mainly on line 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.
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.
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. Our winning track record shows that we provide effective legal representation for students facing school expulsion. For a free consultation,
please contact Attorney George Kita
at (866) 548-2529 or
at (626) 232-0970 or e-mail him at firstname.lastname@example.org