Law and Rights
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, other district, etc.) is not a fun process and a permanent mark is placed on the student's record which may come up later in life (college, job applications, etc.). As such, it is good to know WHEN an expulsion is MANDATORY for a school district. In other words, when does a school district have no choice but to recommend expulsion and thereafter expel a student?
In California there are only five cases where a public school student MUST be expelled. Please see Education Code section 48915(c) for more specifics [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=48001-49000&file=48900-48927]:
1) Possessing, selling or furnishing a firearm.
2) Brandishing a knife at another person.
3) Unlawfully selling a controlled substance.
4) Committing or attempting to commit a sexual assault or committing a sexual battery.
5) Possession of an explosive.
These are the big 5. IF the district can prove at their hearing that one of these occurred they are legally obligated to expel a student. Additionally, per California Education Code 48916, an expulsion under any of these five areas will not have a readmission review date until a full calendar year after the date the governing board votes to expel. The governing board, however, may set an earlier date on a case-by-case basis.
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- 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...
- What Happens After A School Expels A Student? Can They Still Attend Some School?
By Michelle Ball, California Education Attorney for Students since 1995 No one likes to think about school expulsions or their child getting kicked out of school. But what if the very worst happens? What if an expulsion from the school district...
- 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...
- Offenses Where A Recommendation For School Suspension Or Expulsion Is Discretionary
By Michelle Ball, California Education Attorney for Students since 1995 I previously blogged about offenses which do not give California school districts any discretion on whether to recommend and/or actually expel a student. However, there is a...
Law and Rights
When is School Expulsion Mandatory in California Public Schools?
By Michelle Ball, California Education Attorney for Students since 1995
In California there are only five cases where a public school student MUST be expelled. Please see Education Code section 48915(c) for more specifics [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=48001-49000&file=48900-48927]:
1) Possessing, selling or furnishing a firearm.
2) Brandishing a knife at another person.
3) Unlawfully selling a controlled substance.
4) Committing or attempting to commit a sexual assault or committing a sexual battery.
5) Possession of an explosive.
These are the big 5. IF the district can prove at their hearing that one of these occurred they are legally obligated to expel a student. Additionally, per California Education Code 48916, an expulsion under any of these five areas will not have a readmission review date until a full calendar year after the date the governing board votes to expel. The governing board, however, may set an earlier date on a case-by-case basis.
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Please see my disclaimer on the bottom of my blog page [http://edlaw4students.
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
http://www.edlaw4students.com/
http://edlaw4students.Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
http://www.edlaw4students.com/
- 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...
- What Happens After A School Expels A Student? Can They Still Attend Some School?
By Michelle Ball, California Education Attorney for Students since 1995 No one likes to think about school expulsions or their child getting kicked out of school. But what if the very worst happens? What if an expulsion from the school district...
- 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...
- Offenses Where A Recommendation For School Suspension Or Expulsion Is Discretionary
By Michelle Ball, California Education Attorney for Students since 1995 I previously blogged about offenses which do not give California school districts any discretion on whether to recommend and/or actually expel a student. However, there is a...