A student who is expelled from a California public school can appeal the decision. But, doing so is far from easy, and, as such, it is of the utmost importance that you and your student know what this process entails. Our California student discipline attorney at the Law Office of Katie Walsh explains more below.
On What Grounds Can You Appeal A California Public School Expulsion?
A variety of grounds, if present, can allow you and your child to appeal a California public school expulsion. And with that in mind, these grounds are as follows:
- The school board did not meet the procedural requirements of an expulsion hearing.
- The school board acted in excess of its jurisdiction.
- The school board acted without its jurisdiction.
- The school board failed to conduct a fair expulsion hearing.
- The school board improperly excluded valuable evidence.
- The school board failed to acquire useful evidence that could have been obtained in a reasonable manner.
- The school board chose to expel a student when this decision was not supported by the findings.
Regarding the latter ground, every finding that is used to support a California public school expulsion must abide by the rules and regulations outlined in California Education Code Section 48915.
If the findings used to support an expulsion do not abide by the rules and regulations outlined within California Education Code Section 48915, then they cannot be used to make an expulsion decision.
Outside of the fact clarified right above, if any one of the grounds is present, then a California public school expulsion can be appealed, and, in turn, a new outcome can be obtained.
How Can You Develop An Appeal?
Right after the decision to expel your child from a California public school has been made, you have thirty days to develop and then file an appeal.
If this time comes and goes without an appeal being filed, then it will no longer be possible for that expulsion to be appealed.
To develop an appeal, it is of the utmost importance that evidence – and other related findings – contradicting the expulsion decision is found, gathered, and presented within the appeal.
Just as an example, if an expulsion was based on faulty evidence, then evidence demonstrating the faulty nature of that evidence, as well as evidence showing what actually occurred within a relevant event, must be included.
Outside of the above, this evidence must be included with the proper forms and documentation, all while following the necessary appeal processes; this is dependent on a particular school district and what they require.
Given the complexity of developing an appeal, working with Attorney Walsh, a school discipline attorney, can help you and your child develop an effective appeal.
What Will Happen After You Appeal A California Public School Expulsion?
A variety of outcomes can occur after an appeal has been filed. Some of the most notable outcomes are as follows:
- The expulsion is reversed.
- The expulsion is sent back to the school board so that they can make a decision.
- The expulsion is upheld.
Right after a final outcome has been decided, then that outcome is final, and, as such, it cannot be appealed.
Speak With An Orange County School Discipline Attorney Today
The act of appealing a California public school expulsion is not easy. Speak with an Orange County school discipline attorney at the Law Office of Katie Walsh today, and we will help you and your child develop an effective appeal.