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Appealing A California Public School Expulsion

Law Office of Katie Walsh

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.

Client Reviews

I hired attorney Katie Walsh to help my son when he was found with a large amount of drugs on school campus. She got us through the Expulsion Hearing, and miraculously he can go back to school at the winter semester...

AR- parent of minor client

I hired Katie Walsh to have my felony convictions expunged. She was able to expunge my record within 6 weeks of me giving her all the information. Even though technically I had a probation violation, and therefore the...

AR, criminal client

My 16 year old son was charged with possession of Marijuana, HS 11357(b). I was very concerned about what would happen to him and how this would affect his future. I contacted Ms. Walsh and she assured me that everything...

CT, parent of juvenile client

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DH - Parent of Juvenile client

I hired Katie Walsh to represent my son on sexual abuse allegations- P.C. 288(a) and P.C. 288(b)- they were Strike Charges. After negotiating with the D.A., she got all the strike charges dismissed, and got my son...

DR- mother of juvenile client

Katie Walsh was fantastic throughout this entire process! My 13 year old son was charged with two counts of lewd act on a minor, PC 288(a) and was in juvenile hall. After hiring Ms. Walsh, she GOT MY SON OUT OF JAIL and...

EG, parent of juvenile client

My 14 year old son was arrested at school for P.C. 311 (child pornography). My son had innocent and stupid nude pictures of himself and friends on his phone. Ms. Walsh was extremely easy to talk to, and made my son feel...

GK,TK, parents of juvenile client

Ms. Walsh was a life saver when I didn't know what was going on, or how to handle the situation. My young daughter was attacked at her middle school and was seriously injured. At a time when both the school and the...

HA, mother of 13 year old Victim Rights client

I hired Katie Walsh to seal my juvenile record of PC 288(a) (lewd act on a minor), after my request had been denied by a Judge and by the Probation Department. After speaking with Probation, the DA and the Judge at a...

JW, former juvenile client

I was charged with a Felony Conspiracy charge- PC 182. After hiring Ms. Walsh she got my charged reduced to a misdemeanor right away, and now I just have to do community service and in 6 months my entire case will be...

KP, juvenile client

Ms. Walsh was like a breath of fresh air throughout this entire process. I was uncertain about the outcome, but she told me everything would be ok- and it was. She had my juvenile record sealed within 3 months of...

LR, former juvenile client

Ms. Walsh got the judge to terminate my son's probation and seal his 2 juvenile cases (Penal Code 288(a) and Penal Code 242) even though he had violated my probation by picking up a new case. By getting his record sealed...

MB- mother of juvenile client

At a very difficult time in my life I contacted attorney Katie Walsh. I am a teacher and was being harassed/stalked by a parent at my school. I wanted a Restraining Order against this person. Ms. Walsh listened to me...

MB, restraining order client

My son was charged with Lewd Conduct, P.C. 647 out of Downey, CA. After hiring Ms. Walsh, she spoke with the District Attorney, Probation, and the Judge. Even though the judge was not pleased with the offer, she was able...

MG, parent of minor

It is with sincere gratitude that I send this recommendation As a parent of a child that was arrested on a Felony Domestic Abuse charge and over 2000 miles away I had to rely on friend of a friends word that you would...

MPF, mother of criminal client

I really liked having Ms. Walsh as my attorney. She visited me in Juvenile Hall. I was charged with four counts of Robbery (Penal Code 211). This was my 8th juvenile petition. Ms. Walsh got 2 of the robbery charges...

MU, juvenile client

I was arrested for a felony Domestic charge, PC 273.5(a). After I hired Katie Walsh, my entire case was dismissed. I never had to appear in court. I felt very comfortable with Ms. Walsh- she was easy to speak with...

NF, criminal client

Katie was instrumental in helping me with a criminal matter as an advocate for me and my children when I was a named victim in a DV case. She patiently and expediently addressed all of my questions and was an invaluable...


My daughter was pulled over arrested for having a Fake ID. After hiring Ms. Walsh my daughter did not have to plead guilty- which would have affected her license status. She did community service, completed a legal...


My 14 year old daughter was involved in an assault and battery- PC 240/242, in Irvine. After hiring Katie Walsh the case was not referred to Court. My daughter was able to complete a class and the case will be dismissed...

SG, mother a juvenile client

My son was charged with possession of Child Pornography P.C. 311.11(a) - a charge I did not realize a child could be guilty of! As parents were beside ourselves when we found this out, and contacted Katie Walsh. She...

SH- mother of juvenile client

From San Diego I contacted Ms. Walsh about sealing my juvenile record in Orange County regarding a Petty Theft charge. She was always very responsive to any of my questions, and consistently kept me updated. Even though...

XL, juvenile client

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