Last Updated on September 17, 2021 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995

Summertime does not mean schools are off the hook for legal timelines.
Expulsion Hearings Must Still Be Held Over the Summer Break
Most parents probably think that if a student does something expellable 5 days before a school year ends that any student expulsion hearing does not have to be held until the fall semester, months later. Not so, at least not if the expulsion hearing will be legal.

School districts must proceed with expulsion hearings regardless if school is out for summer
Alert district administrators may be aware of the summer timeline issues. However, if a parent is also alert, and calculates the time, the parent may discover that the expulsion hearing was not scheduled or convened timely (e.g. the student’s expulsion hearing was convened after 30 “schooldays”).
The alert parent may then stop the student’s expulsion hearing from proceeding.

Students have due process rights to timely hearings, and summer is no excuse
Right to Appeal if Expulsion Hearing Proceeds in Breach of Timelines
If the school district moves forward with a student expulsion hearing regardless of messing up due to summer “schooldays” being ignored or not counted, this error could give a parent the right to appeal to the county board of education.
The County Board of Education can overturn any discipline that resulted from the untimely expulsion hearing.
California student attorney Michelle Ball helps students with expulsion hearings and suspensions, expulsion appeals, suspensions, challenging suspensions and other discipline issues. As a student lawyer in Sacramento, Michelle Ball helps across California in Redding, Roseville, Los Angeles, Paradise, Ventura, Elk Grove, South San Francisco, Daly City and beyond.

Education Attorney for Students
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Sacramento, CA 95814
Phone: 916-444-9064
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Please see my disclaimer. This is legal information, not legal advice and no attorney-client relationship is formed by this posting. This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.