Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
School expulsions seem to be everywhere now. Expulsion hearings are very important, and parents need to know their rights. One of these rights is the right to request that subpoenas be issued to potential witnesses when a school expulsion is pending.
The right to subpoena witnesses (order to appear before a body or face consequences) is an important part of our judicial system. Courts and other agencies must be able to hear the complete case, listen to all the evidence, and see if the "story" turns out to be true. This subpoena right also exists in the context of school expulsion hearings, but the subpoena power rests with the school district in question.
California Education Code section 48918(i)(1) states as follows:
"Before the hearing has commenced, the governing board may
issue subpoenas at the request of either the superintendent of
schools or the superintendent's designee or the pupil, for the
personal appearance of percipient witnesses at the hearing. After the
hearing has commenced, the governing board or the hearing officer or
administrative panel may, upon request of either the county
superintendent of schools or the superintendent's designee or the
pupil, issue subpoenas..."
What this means is that parents may request that the district involved issue subpoenas for any actual witnesses who may have seen what occurred. So, if Johnny is alleged to have stolen money and there was a witness, parents may ask that that person be ordered to testify at the hearing. Often districts do NOT subpoena witnesses unless a parent asks them to. Rather, districts instead attempt to get a child expelled based on sworn statements alone with no direct testimony. This could cause trouble for a district on appeal if there is no confession.
If there is an important witness who will help the child's case, parents cannot expect the district involved to subpoena that person. In fact, why would the district want to subpoena them as it would ruin their case?! As such, parents need to actually request that witnesses be subpoenaed by the district in advance. If the district will not issue the subpoenas, well that is another story for another day and a potential appeal to the board looms. Chances are that most districts will subpoena witnesses when this is requested by parents.
This all may be confusing, so don't go it alone. Parents, if you don't know your rights, bring someone in who does...
- 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...
- California School Expulsion Case: John A. V. San Bernardino, An Oldie But Goodie From The California Supreme Court
By Michelle Ball, California Education Attorney for Students since 1995 Parents often need all the help they can get in handling school expulsion hearings. One of my favorite cases to attack expulsion hearings for an utter lack of proper evidence is John...
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...
- Parent And Student Rights In School Expulsion Hearings
By Michelle Ball, California Education Attorney for Students since 1995 A family came to my office about a month ago with a scenario which was absolutely baffling to me. Their son had been expelled in a remote district in California for an interaction...
- Students Have A Right To Postpone A School Expulsion Hearing For 30 Calendar Days
By Michelle Ball, California Education Attorney for Students since 1995 Parents of students attending public schools often feel helpless when they are facing a school expulsion hearing. After they receive notice of the hearing, they may have less...
Law and Rights
School Expulsion Hearings: Parents Have The Right To Request Witnesses Be Subpoenaed
By Michelle Ball, California Education Attorney for Students since 1995
School expulsions seem to be everywhere now. Expulsion hearings are very important, and parents need to know their rights. One of these rights is the right to request that subpoenas be issued to potential witnesses when a school expulsion is pending.
The right to subpoena witnesses (order to appear before a body or face consequences) is an important part of our judicial system. Courts and other agencies must be able to hear the complete case, listen to all the evidence, and see if the "story" turns out to be true. This subpoena right also exists in the context of school expulsion hearings, but the subpoena power rests with the school district in question.
California Education Code section 48918(i)(1) states as follows:
"Before the hearing has commenced, the governing board may
issue subpoenas at the request of either the superintendent of
schools or the superintendent's designee or the pupil, for the
personal appearance of percipient witnesses at the hearing. After the
hearing has commenced, the governing board or the hearing officer or
administrative panel may, upon request of either the county
superintendent of schools or the superintendent's designee or the
pupil, issue subpoenas..."
What this means is that parents may request that the district involved issue subpoenas for any actual witnesses who may have seen what occurred. So, if Johnny is alleged to have stolen money and there was a witness, parents may ask that that person be ordered to testify at the hearing. Often districts do NOT subpoena witnesses unless a parent asks them to. Rather, districts instead attempt to get a child expelled based on sworn statements alone with no direct testimony. This could cause trouble for a district on appeal if there is no confession.
If there is an important witness who will help the child's case, parents cannot expect the district involved to subpoena that person. In fact, why would the district want to subpoena them as it would ruin their case?! As such, parents need to actually request that witnesses be subpoenaed by the district in advance. If the district will not issue the subpoenas, well that is another story for another day and a potential appeal to the board looms. Chances are that most districts will subpoena witnesses when this is requested by parents.
This all may be confusing, so don't go it alone. Parents, if you don't know your rights, bring someone in who does...
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Education Law Attorney
LAW 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
- 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...
- California School Expulsion Case: John A. V. San Bernardino, An Oldie But Goodie From The California Supreme Court
By Michelle Ball, California Education Attorney for Students since 1995 Parents often need all the help they can get in handling school expulsion hearings. One of my favorite cases to attack expulsion hearings for an utter lack of proper evidence is John...
- How Do You Get Your Kids School Records Released?
By Michelle Ball, California Education Attorney for Students since 1995 School records created by a high school, elementary school, private school, or school district, can loom as an unknown for many parents. One way to debunk the mystery is to...
- Parent And Student Rights In School Expulsion Hearings
By Michelle Ball, California Education Attorney for Students since 1995 A family came to my office about a month ago with a scenario which was absolutely baffling to me. Their son had been expelled in a remote district in California for an interaction...
- Students Have A Right To Postpone A School Expulsion Hearing For 30 Calendar Days
By Michelle Ball, California Education Attorney for Students since 1995 Parents of students attending public schools often feel helpless when they are facing a school expulsion hearing. After they receive notice of the hearing, they may have less...