UPDATE: In July 2024, suspensions for disruption and defiance will not be legal anymore in California: see the update here! One of the vaguest and most troublesome sections of the California Education Code for public school students is the portion which allows schools to suspend students for disruption or defiance.
When a parent suddenly faces the terrible fact that their child is up for expulsion from school, the question always arises: why is the student being expelled for this offense when another student did much worse and is still at school? This is a valid question, but is it relevant
Did an elementary, junior or high school expulsion recommendation just get sprung on a student? Or is the expulsion hearing fast approaching and there is not enough time to prepare the student’s defense? Not to worry- parents can push back a student’s expulsion hearing, up to 30 calendar days, with no
In California public schools, “Hands off!” should be the motto for school staff. There are so many minefields involving interaction between staff and students that this is the best policy. One issue which may come up with an unruly child, or a student who the staff cannot handle competently, is
School Suspensions are devastating to the student and family. Are they appealable? Can they be removed from the student’s records? What steps does a parent take to overturn a suspension? The Suspension Scene: A Parent’s Confusion The phone rings- and it’s your kid’s school. First thoughts: “Oh no, is something
Parents every day face suspensions of students for a myriad of reasons, some legitimate and some not so legitimate. One section I see infrequently used by schools is California Education Code §48900.3, which allows suspension or expulsion for “hate violence.” This could be good or bad depending on who you represent. Hate
Have you ever wondered if a student can escape expulsion if he or she does something wrong just before school summer vacation? Maybe the student can skate by and the discipline will be forgotten? Maybe, maybe not. But, if school districts do not provide timely expulsion hearings over the summer,
If a postsecondary student has a complaint involving a college or university, or is facing a suspension, expulsion, academic, grade, or other hearing, a college’s written policies are key to successful resolution of any issues. Such policies often limit or mandate a college to act and a student can use
By Michelle Ball, California Education Attorney for Students since 1995 Sometimes, school discipline means a detention. Other times it may mean student expulsion moves forward. Which offenses are discretionary expulsion offenses (meaning the school did not have to recommend expulsion at all)? Expulsion May Not Always Be Mandatory When a
School expulsions happen frequently and suddenly to unsuspecting students and families. Skillful handling can mean the difference between an expulsion issuing and a finding of innocence. There are many rights parents and students have during the expulsion hearing process. One of these is the right to request subpoenas be issued
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