Law and Rights
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 decision.
Per California Education Code section 48919, within 30 days of the decision by the Board of Education, an appeal must be filed with the local County Board of Education. So, if you are in Sacramento the appeal would be lodged with the Sacramento County Board of Education, Woodland would go to the Yolo County Board of Education, Roseville with the Placer County Board of Education, and so on.
The date of the decision for purposes of calculating the thirty day expulsion appeal timeline usually begins the date the Board of Education met and made their recommendation in the student expulsion matter. If a family is in a District where the Board of Education assigns the expulsion hearing to a panel, the decision is not final until the actual Board of Education rules on the matter.
It is vital that the expulsion appeal request be filed timely with the county board.
If a parent signed a negotiated agreement (often called a "stipulated expulsion" aka agreed expulsion), the appeal right is usually waived by the terms of the agreement.
If a parent will appeal an expulsion, it is important to review the matter with an attorney prior to filing, to evaluate the bases for the appeal. If a parent does not lay the expulsion appeal bases out clearly or meet the requirements, their appeal may be rejected or may fail. As such, a little legal preparation and input can be very helpful.
- Education After Expulsion: Are Students Still Allowed To Go To School?
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By Michelle Ball, California Education Attorney for Students since 1995 What happens when your child is put up for expulsion? What is the process? What happens at the expulsion hearing? Who handles expulsion appeals? Check out my video...
- 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...
- 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...
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Law and Rights
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 decision.
Per California Education Code section 48919, within 30 days of the decision by the Board of Education, an appeal must be filed with the local County Board of Education. So, if you are in Sacramento the appeal would be lodged with the Sacramento County Board of Education, Woodland would go to the Yolo County Board of Education, Roseville with the Placer County Board of Education, and so on.
The date of the decision for purposes of calculating the thirty day expulsion appeal timeline usually begins the date the Board of Education met and made their recommendation in the student expulsion matter. If a family is in a District where the Board of Education assigns the expulsion hearing to a panel, the decision is not final until the actual Board of Education rules on the matter.
It is vital that the expulsion appeal request be filed timely with the county board.
If a parent will appeal an expulsion, it is important to review the matter with an attorney prior to filing, to evaluate the bases for the appeal. If a parent does not lay the expulsion appeal bases out clearly or meet the requirements, their appeal may be rejected or may fail. As such, a little legal preparation and input can be very helpful.
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
Website: http://www.edlaw4students.com/
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. 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.
- 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 When Your Child Is Put Up For Expulsion From School?
By Michelle Ball, California Education Attorney for Students since 1995 What happens when your child is put up for expulsion? What is the process? What happens at the expulsion hearing? Who handles expulsion appeals? Check out my video...
- 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...
- 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...
- 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,...