OUR SCHOOL EXPULSION PRACTICE
It is a sad fact that in this post-Columbine era, more and more students are being referred for expulsion than ever before. Oftentimes having an education attorney at an expulsion hearing can make all the difference for a student. Our education attorneys have successfully represented students facing expulsion in San Bernardino and Riverside counties.
If your student is facing expulsion, s/he has many rights under the California Education Code. Being aware of those rights and properly preparing for the expulsion hearing is critical. In most instances, a student’s first hearing will take place before a hearing panel used by the local school board. The panel will make a recommendation to the local school board. If the recommendation is for expulsion, and if the local school board adopts that recommendation, your student has a right to appeal to the County Board of Education. Our education attorneys have represented students at each level of these hearings."
A strong presentation to the first hearing panel is important because if your child has to appeal an expulsion decision, the appeal will generally be limited to the record created at the first hearing. If your child is facing expulsion, call your Inland Empire education attorney at Connally & Gardner today. We can guide you through the complicated Education Code and formulate a strategy for defending against the expulsion process.
Our strategy for your student will depend on the underlying reason for the expulsion referral. To justify an expulsion, the school board has to make certain findings concerning your student. These findings generally have to do with the seriousness of the charge, the dangerousness of your student and whether less restrictive alternatives other than expulsion can correct your student’s behavior .
A special education student also has additional safeguards and protections which must be honored before being expelled. Regardless of the reason for the expulsion referral, it is usually helpful for your child to bring character witnesses to testify on his or her behalf at the hearing. At a minimum, your child should generate letters of recommendation that can be shared with the panel members during the hearing.
Do not delay in retaining an education attorney, as the Education Code limits your student’s ability to request multiple continuances of an expulsion hearing.