When you send children to school, you expect them to be receiving the best education as well as listening to what their educators have to say. However, some students will find that, when they misbehave, they could be expelled from school. Students are typically expelled for being deliberately disobedient or disorderly, showing signs of violence, having a gun or other weapon on school grounds, or possessing drugs. If you are expelled, you can only be kept out of school for a certain amount of days before you are entitled to a hearing for your behavior. When you have any sort of juvenile case in front of a judge, you have rights. These rights include being represented by an attorney, having witnesses present, right to the public hearing, right to have evidence presented, and the right to an appeal of the verdict.
Many children who have been expelled from school may have mixed emotions of sadness and anger over the entire process. This is due to the fact that the school expulsion process in California public schools can be intimidating, to say the least. It is always a good idea to get an attorney for your youth if they have been expelled so that they have help throughout the entire process. If the child was acting out in any of the ways mentioned previously, the education code requires that expulsion occurs. However, the school board is the one in power when it comes to suspending the expulsion. This means that the student will be kept in the district but will not be permitted to return to the same school where the offense took place. This in itself can be hard on a student who committed a crime and realized that it was a mistake. This is why these same children are encouraged to have legal representation when a crime takes place, so that their education is not at risk.
What Should I Expect From the Expulsion Process?
The Hearing: The student will appear at a hearing with a panel of three teachers from the district. Evidence is really up in the air; whatever helps the case can be used against the student or toward their case. The student is then permitted to make a decision on whether or not he or she will fight the charges or admit fault. If they fight the charges, the panel will be required to decide if the student actually committed the crime. If they choose to admit fault, they could give information to reduce the offense. An attorney can question the panel about the expulsion. The panel’s recommendation will then be presented to the school board and a decision will be made.
School Board: The student will then appear in front of the school board. They will allow limited testimony and usually listen to the referral of whatever the panel decided upon. This is where an attorney comes in to try and change the outcome of the case. In about 24 hours, a final decision will be made for the student’s future.
If you or a loved one are currently expelled from school and believe that you will need to retain a trusted attorney for the complex process, you should take the steps necessary to talk to one about what has happened thus far in the process. At The Law Office of Peter Blair, we will answer all of your questions and guide you through the hearing process. Call today for information and a good start.