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When Does A California Public School Have To Expel A Student?
A variety of situations, if present, will force a California public school to expel a student. But, even though this is the case, a student can contest this decision by setting up an expulsion hearing.
Going over what will force a California public school to expel a student and a student’s rights in these situations while speaking with an Orange County school expulsion hearing attorney at the Law Office of Katie Walsh will allow you to obtain the best possible outcome.
What Is Expulsion?
California’s definition of expulsion is as follows: a disciplinary action that removes a student from a particular school for a significant period of time.
Just as an example, if a student is expelled from their public school, then they can no longer attend classes at that particular public school and, as such, must go to another school in order to obtain their mandatory schooling.
Even though expulsion is only used in the most serious of cases and, even though it is quite rare, it can happen if a student does certain things that require an expulsion.
When Does A California Public School Have To Expel A Student?
A variety of situations can force a California public school to expel a student. And with that in mind, these situations are as follows:
- A student possessed firearms while on school grounds.
- A student sold firearms while on school grounds.
- A student sold a controlled substance.
- A student threatened another person with a knife.
- A student attempted to commit sexual assault.
- A student committed a sexual assault.
- A student possessed an explosive while on school grounds.
If one of these situations has occurred, then the student involved in that situation will be expelled. This expulsion is mandatory due to the severity of these situations.
Outside of the above, the following situations will lead to a recommendation for expulsion and, in turn, a very strong chance that the student involved in these situations will be expelled:
- Causing serious bodily injury to another person.
- Possessing a knife while on school grounds.
- Committing robbery.
- Committing extortion.
- Possessing a controlled substance.
- Possessing alcohol.
- Using a controlled substance.
- Assaulting a school employee.
Even though expulsion is not a guaranteed outcome of the situations above, it is a very likely outcome.
What Are Your Child’s Rights?
Every student has rights that they can and should exercise when going through the California public school expulsion process.
The most significant of these rights are as follows:
- The right to an expulsion hearing within thirty days of the expulsion being proposed.
- The right to a written notice of the hearing date that is sent at least ten days prior to the hearing.
- The right to request their student records before the hearing.
- The right to inspect the evidence that is being used as a basis for expulsion.
- The right to bring an attorney to their expulsion hearing.
- The right to cross-examine witnesses at their expulsion hearing.
- The right to question all evidence that is being used as a basis for expulsion.
- The right to present new evidence that contradicts the basis for expulsion.
- The right to remain silent.
Every single one of these rights can and should be exercised. By doing so, a student can contest the expulsion they are facing and, if they are successful, remain in school.
Speak With An Orange County School Expulsion Hearing Attorney
You and your child have the right to a school expulsion hearing. Speak with an Orange County school expulsion hearing lawyer at the Law Office of Katie Walsh to obtain the best possible expulsion hearing outcome.
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