Category: Ed 48900s

Parents need to know student expulsion rights

Know Your Rights In School Expulsions: Five Key Rights

School expulsion hearings are horrific for parents due to the suddenness and shock of the student’s situation (“expulsion- what?!”), and the lack of experience most parents have in the student expulsion hearing process.  Top this off with school administrators who may tell parents that, “The hearing panel will understand,” (when

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school suspensions need to be fought

Fighting Illegal School Suspensions For First Offenses

If a student receives a school suspension, fighting it may seem tough. However, if legally the student’s suspension should never have happened, winning arguments may be easier for parents to make.  Many first offenses must have ALTERNATIVE punishments to suspension issued.  Knowing the law regarding suspensions is important in case

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In School Suspensions – Know Your Rights

By Michelle Ball, California Education Attorney for Students since 1995 Parents often overlook on campus suspensions as “nothing to worry about” as the student gets to stay at school. And, the in house suspension does not impact anyone’s schedules.  But, these “little” suspensions are still “suspensions” and may be permanent

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School Discipline For Damaging School Or Private Property

Did you know that students can be suspended or expelled for damaging (or trying to damage) school or private property? Absolutely true. But, how much “damage” is enough? Law Prohibiting Damage of Others’ Property at School Per California Education Code 48900(f) a student may be placed up for suspension or expulsion if

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suspension at school for defiance or disruption

Stupid School Suspensions for Disruption or Defiance

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.

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student expulsion postponement

How Long Can A Student Expulsion Hearing Be Postponed?

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

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School suspensions may be appealed for students

How To Appeal A California School Suspension

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

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school hate violence punishment and discipline

Suspension or Expulsion for School Hate Violence

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

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student to be expelled

School Offenses For Which Student Expulsion Is Not Mandatory

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

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Disclaimer

This blog contains legal information not legal advice.  Any information on this site or in any article/blog may not reflect the current state of the law.  No attorney client relationship is formed by reading information on this site.  The Law Office of Michelle Ball operates solely in California, USA and information on this site may not be valid outside California.  Full disclaimers can be found here and should be reviewed in full.

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