Tuesday, April 29, 2014

Do You Need An Attorney For Your Child's School Expulsion Hearing?

Yes!

Parents are going up against people who do this for a living. The District is not looking out for your child, the school district is looking out for the school district. An expulsion is serious for your child, and can leave a permanent mark on their record. Certain conduct requires expulsion, and other conduct requires an expulsion recommendation, but an attorney might be able to get the expulsion suspended for your child. Certain protocols must be followed by the School. Don’t fight for your child alone, hire an attorney to fight for your child.

Certain conduct requires Mandatory Expulsion (Education code 48900(a)-(q), 48900.2- .4, 48900.7) upon a factual finding of the student’s acts:

a) A student who commits one of the following shall be suspended and recommended for expulsion:
  1. Possessing, selling, or furnishing a firearm; 
  2. Brandishing a knife at another person (blade must be longer than 3 ½ inches); 
  3. Unlawfully selling a controlled substance; 
  4. Committing or attempting to commit a sexual assault, or sexual battery; and 
  5. Possession of an explosive (destruction device) 
a) Unless the expulsion is inappropriate due to the particular circumstances, the principal shall recommend expulsion for:
  1. Causing serious physical injury to another person, except in self-defense; 
  2. Possession of any knife or other dangerous object of no reasonable use to the pupil; 
  3. Unlawful possession of a controlled substance, except first offense of possession of not more than 1 ounce of marijuana (other than concentrated cannabis); 
  4. Robbery or extortion; 
  5. Assault of battery upon a school employee. 
b) Upon recommendation for expulsion, the governing board may order expulsion only if there is a finding of one or both of the following:
  1. Other means of correction are not feasible or have repeatedly failed to bring about appropriate conduct 
  2. Due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others. 
a) The Principal, Superintendent, and Governing Board have full discretion in determining whether a student is expelled for certain acts upon a finding of one or both of the following:
  1. Other means of correction are not feasible or have repeatedly failed to bring about appropriate conduct. 
  2. Due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others. 
Make sure the school is following the correct procedures, and that your child is being represented.  

Call attorney Katie Walsh, Orange County California juvenile law attorney, if your child is facing expulsion issues at (714) 619-9355.
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