Law and Rights
Expulsion from school can be devastating for students. The expelled child may not be able to return to a regular school, is denied access to district or school activities, and are unsure how they will be educated during the term of the expulsion. Many parents believe that once expelled, their child will be stuck at home twiddling their thumbs. Not necessarily so.
Per California Education Code §48916.1, students who are expelled, although not entitled to attend their "typical" or "regular" school, remain entitled to an education:
"At the time an expulsion...is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion."
The program to be provided, however, cannot be located at the school where the student previously attended and may not even be located in the student's home district. Rather, the program can be run by the district from which the student was expelled, the county department of education, or a "consortium" of districts.
The typical placement when a student is fully expelled is a continuation school, which many families find less than desirable. If a student receives a form of "lesser" expulsion, such as a "suspended expulsion" (expulsion imposed but "suspended" similar to a probation) other options may be available, such as independent study, attendance at another regular site in the district, and sometimes the school where the student was attending. Most students who receive a full expulsion are shuffled to a continuation school unless another agreement is struck, usually prior to the expulsion hearing.
The likeliest time to negotiate a positive placement is BEFORE the expulsion hearing. Many parents do not realize this and think that the panel or board of education will understand them and their student's plight. Many end up at my office after the expulsion hearing has already occurred, when less options for resolution exist.
In most cases, the placement imposed during expulsion (e.g. continuation school) is not a mandatory placement, and a parent can put a student in a charter or home school program (if they gain admission). Parents can also petition other school districts for entrance, but it can take a lot of shopping around to gain admission and chances of entry during expulsion may be slim.
Regardless, even though unsavory, a student is still entitled to an education if expelled, just not in the traditional environment.
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
- Where Do You File An Expulsion Appeal And What Are The Time Limits For Filing?
By Michelle Ball, California Education Attorney for Students since 1995 If a student goes through a school expulsion hearing in California and are unsatisfied with the results (e.g. they lose and are expelled), they must act quickly to appeal the expulsion...
- Can A Parent Withdraw A Student Or Move Away To Avoid A Pending School Expulsion Hearing?
By Michelle Ball, California Education Attorney for Students since 1995 As a California expulsion lawyer, I frequently meet with parents regarding pending school expulsions. One of the questions which often comes up is whether, if the parent...
- When Must A Student Expulsion Be Recommended (but Maybe Not Issued)?
By Michelle Ball, California Education Attorney for Students since 1995 I earlier blogged regarding the Big 5 mandatory expulsion categories, for which a student must be both recommended and expelled should allegations be proven correct [http://edlaw4students.blogspot.com/2011/01/when-is-school-expulsion-mandatory-in.html]....
- Yes, You Do Need An Attorney For A School Expulsion
By Michelle Ball, California Education Attorney for Students since 1995 Does a parent really need an attorney to help them resolve and/or represent them at a school expulsion hearing? Yes, yes and yes! Expulsions are serious matters and result...
- When Is School Expulsion Mandatory In California Public Schools?
By Michelle Ball, California Education Attorney for Students since 1995 School expulsion is NOT something any parent wants their child to endure. To be removed entirely from a school district to have to attend school elsewhere (continuation school,...
Law and Rights
Education After Expulsion: Are Students Still Allowed To Go To School?
By Michelle Ball, California Education Attorney for Students since 1995
Expulsion from school can be devastating for students. The expelled child may not be able to return to a regular school, is denied access to district or school activities, and are unsure how they will be educated during the term of the expulsion. Many parents believe that once expelled, their child will be stuck at home twiddling their thumbs. Not necessarily so.
Per California Education Code §48916.1, students who are expelled, although not entitled to attend their "typical" or "regular" school, remain entitled to an education:
"At the time an expulsion...is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion."
The program to be provided, however, cannot be located at the school where the student previously attended and may not even be located in the student's home district. Rather, the program can be run by the district from which the student was expelled, the county department of education, or a "consortium" of districts.
The typical placement when a student is fully expelled is a continuation school, which many families find less than desirable. If a student receives a form of "lesser" expulsion, such as a "suspended expulsion" (expulsion imposed but "suspended" similar to a probation) other options may be available, such as independent study, attendance at another regular site in the district, and sometimes the school where the student was attending. Most students who receive a full expulsion are shuffled to a continuation school unless another agreement is struck, usually prior to the expulsion hearing.
The likeliest time to negotiate a positive placement is BEFORE the expulsion hearing. Many parents do not realize this and think that the panel or board of education will understand them and their student's plight. Many end up at my office after the expulsion hearing has already occurred, when less options for resolution exist.
In most cases, the placement imposed during expulsion (e.g. continuation school) is not a mandatory placement, and a parent can put a student in a charter or home school program (if they gain admission). Parents can also petition other school districts for entrance, but it can take a lot of shopping around to gain admission and chances of entry during expulsion may be slim.
Regardless, even though unsavory, a student is still entitled to an education if expelled, just not in the traditional environment.
Best,
Michelle Ball
Education Law AttorneyLAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]
Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- Where Do You File An Expulsion Appeal And What Are The Time Limits For Filing?
By Michelle Ball, California Education Attorney for Students since 1995 If a student goes through a school expulsion hearing in California and are unsatisfied with the results (e.g. they lose and are expelled), they must act quickly to appeal the expulsion...
- Can A Parent Withdraw A Student Or Move Away To Avoid A Pending School Expulsion Hearing?
By Michelle Ball, California Education Attorney for Students since 1995 As a California expulsion lawyer, I frequently meet with parents regarding pending school expulsions. One of the questions which often comes up is whether, if the parent...
- When Must A Student Expulsion Be Recommended (but Maybe Not Issued)?
By Michelle Ball, California Education Attorney for Students since 1995 I earlier blogged regarding the Big 5 mandatory expulsion categories, for which a student must be both recommended and expelled should allegations be proven correct [http://edlaw4students.blogspot.com/2011/01/when-is-school-expulsion-mandatory-in.html]....
- Yes, You Do Need An Attorney For A School Expulsion
By Michelle Ball, California Education Attorney for Students since 1995 Does a parent really need an attorney to help them resolve and/or represent them at a school expulsion hearing? Yes, yes and yes! Expulsions are serious matters and result...
- When Is School Expulsion Mandatory In California Public Schools?
By Michelle Ball, California Education Attorney for Students since 1995 School expulsion is NOT something any parent wants their child to endure. To be removed entirely from a school district to have to attend school elsewhere (continuation school,...