School Expulsion Hearings in California
When your child is facing a school expulsion hearing, you should consider immediately retaining a lawyer to represent your child for the school juvenile expulsion hearing. Your childs future is hanging in the balance.
DON'T LET YOUR SCHOOL DISTRICT DESTROY YOUR CHILD'S SELF ESTEEM, ACADEMIC FUTURE AND CAREER DREAMS
Fortunately our office has been representing students thru out California to help them become successful in finishing school and going onto college. Millions of dollars in future earnings of the child are at stake. Going thru an expulsion proceeding is very traumatic for your child. A child expelled will likely have a lasting stigma and may not have the desire or confidence to pursue certain professional career paths. Why let a school district place a glass ceiling on your child's future and place your child in a continuation school? Your child deserves better.
School Districts often try to expel students for various alleged violations of California Education Code Section 48900.
Your child cannot be suspended from his of her school or recommended for expulsion unless the superintendent or principal of the school in which your child is enrolled determines that your child has violated California Education Code section 48900.
(a)(1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon another person, except in self defense.
b. Possessed, sold or otherwise furnished any firearmn, knife, explosive or dangerous object unless the student hadobtained written permission to possess the item from a certified school employee, and concurred by the principalor designee of the principal.
c. Unlawfully possessed, used, sold or otherwise furnished or been under the influence of any controlled substance, an alcoholic beverage, or an intoxicant of any kind.
d. Unlawfully offered, arranged, or negotiated to sell any controlled substance, and then either sold, delivered, or otherwise furnished the controlled substance to another person.
e. Committed or attempted to commit robbery or extortion.
f. Caused or attempted to cause damage to school property or private property.
g. Stolen or attempted to steal school property or private property.
h. Possessed or used tobacco, or any products containing tobacco or nicotine. This section does not prohibit use or possession by student of his or her prescription products.
i. Committed an obscene act or engaged in habitual profanity or vulgarity.
j. Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia.
k. Disrupted school activities, or otherwise willfully defied the valid authority of supevisors, teachers, administrators, school officials, or any school personnel engaged in the performance of their duties.
l. Knowingly received stolen school propety or private property.
m. Possessed an imitation firearm.
n. Committed or attempted to commit sexual assault or sexual battery.
o. Harrassed, threatened , or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
p. Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
q. Engaged in, or attempted to engage in , hazing as defined in section 32050. Hazing includes any method of initation or preinitiation into a student organization or student body or any pasttime or amusement engaged in with respect to these organizations which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any pupil or other person attending any school.
r. A pupil may not be suspended or expelled for any of the actions enumerated in section 48900 unless that act is related to school activity or school attendance occuring within a school under the jurisdicitn of the superinttendent or principal or occuring withing any other school school district.
CAN A CHILD FACE EXPULSION FOR ACTIVITIES THAT OCCUR OFF CAMPUS?
Under limited circumstances, yes.
1. While on school grounds
2. While going to or coming from school
3. During lunch period whether on or off campus
4. During, or while going to or coming from, a school sponsored activity.
(s) A pupil who aids or abets, as defined in Section 31 of the penal Code, the infliction or attempted infliction of physical injury to another person may suffer suspension , but not expulsion, pursuant to this section, except that a upil who has been adjudged by a juvenile court to have committed , as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
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