Last Updated on June 13, 2025 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
Student expulsions occur more often than parents might think. Life may be going along smoothly, when a parent suddenly finds themselves on a call with a Vice Principal, demanding they come pick up their child, who is getting suspended. Upon arrival at school, the parent may be told that a school expulsion is now pending. Life is changed forever.
Is there any hope for a good resolution before the dreaded expulsion hearing? Yes!
Parents Should Promptly Advocate For NO Student Expulsion
Parents facing a student expulsion usually sit and wait for the school hearing to plead the student’s case. But, this is not always the best strategy.
Why do parents wait? Parents mistakenly believe an expulsion hearing panel and/or hearing officer will believe the student and have mercy. Parents also may believe they can’t speak up, or no one will listen to them before the hearing.
But, relying on an expulsion panel, stacked against the student, is not always the best strategy. Expulsion panels are limited in their discipline options usually (to expulsion, no expulsion or suspended expulsion). Before a hearing, however, student resolution options are wide open.
Parents should take action to try to resolve a pending student expulsion before the expulsion hearing occurs.
Options Before an Expulsion Hearing
Before a kid’s expulsion hearing, parents can try to negotiate and come to an agreement which will stop the expulsion process. An agreement may involve a reduced punishment, such as an involuntary transfer, a behavior contract, or shorter suspended expulsion.
Some expulsion agreements can be offered by a school district without the parent asking, but may not involve great offers for a student. It depends.
How to Ask for A Better Outcome Pre-Expulsion Hearing
A parent can take steps to move the expulsion resolution process forward, such as:
- Obtaining all evidence in the expulsion matter, including witness statements and the complete expulsion packet, plus all student records, and
- Reviewing all in detail, and
- Writing a letter explaining who the student is and describing what really happened, and
- Requesting a specific outcome which should be tried instead of school expulsion.
Such a letter could move a student’s discipline matter toward a resolution that is less harsh, pre-hearing.
What Expulsion Alternatives Can Be Requested?
Some possible alternatives which may be requested (instead of a “full” expulsion) could be:
a) A behavior contract with the student returning to the same school, or
b) An involuntary student transfer to another regular (aka comprehensive) school in the district, or
c) A suspended (probationary) expulsion with expungement and minimal terms for the student, or
d) Some other creative alternative (the sky is the limit).
Parents can send their request to the district staff member in charge of the expulsion process or even try the Principal. It is worth a shot.
The bottom line is “It can’t hurt to ask,” which is as true as ever in expulsion matters.
Do Parents Need an Attorney to Negotiate?
Unfortunately, even with a great parent proposal, schools sometimes don’t take parents seriously without an attorney.
Parents can definitely try on their own to better the student’s school discipline situation. You never know what positive results might occur for the student and their expulsion outcome with a little strategic advocacy.
Student expulsion defense lawyer Michelle Ball can help resolve and fight student suspensions, expulsion and unfair discipline throughout California. Located in Sacramento she can reach statewide to Modesto, Tahoe, Foresthill, Woodland, Natomas, the Bay Area, Los Angeles, Roseville, Elk Grove, and all other California cities.
Originally written August 20, 2013
