School Expulsion Hearings in California

When your child is facing a school expulsion hearing, you should consider retaining a lawyer who specializes in handling school juvenile expulsion hearings.  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:

(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 hadobtained 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 otherwisefurnished 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.

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 inflictin 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).

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

 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.

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. 

Colleges are getting harder and harder to get into. Many colleges now require prospective students to provide information on the Common Application, a mainly online 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 juvenile 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.    For a free consultation, please contact Attorney George Kita at (866) 548-2529 or at (626) 975-2080 or e-mail him at juvylawyer@aol.com

 

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	Where is your child being detained?		What juvenile court will my child be at?
	The process of a juvenile criminal case		Significant juvenile victories
	Juvenile camps		California Youth Authority
	Rights for your child		Will my child's case be sent to adult court?
	Sealing juvenile records		Juvenile probation offices
	How to contact us		School Expulsion Hearings
	Useful juvenile links		Juvenile Appeals

NOTE: The juvenile crime, juvenile defense, juvenile criminal defense, juvenile rights, juvenile tried as an adult, criminal defense, serious felony or other legal defense information presented at this site 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.