If your child is recommended to be expelled from school, they are entitled to a hearing. At this school expulsion hearing, school administrators and / or teachers will decide if they should confirm the expulsion request or deny the request.
In some cases, your child’s school district may first offer to come to a stipulated expulsion agreement. If you’ve been offered this agreement, then we strongly suggest you contact an attorney who has experience with school administrative hearings. You can contact Law Office of Michael L. Fell right away at (949) 585-9055 for a free case evaluation.
It’s essential that you understand what a stipulated expulsion agreement is
In short, it’s a written agreement that’s created and signed before the expulsion hearing. When a student agrees to the stipulated expulsion, they are basically admitting that they violated school code seriously enough that they could be expelled. They agree to this so that an alternative punishment can be agreed on that doesn’t involve expulsion.
There are a number of potential alternative punishments
If the office of student conduct, your child, and the school district come up with alternative punishment it could involve a number of options. First, the student will have to agree that they won’t commit any other violations. The alternative punishments after that could include:
- Transferring your child to another school in the same school district;
- Suspension;
- Probationary expulsion with specific terms.
The most important thing to remember when considering a stipulated school expulsion agreement is that your child is waiving their right to a hearing.
Should you sign a Stipulated Expulsion Agreement?
Of course, the answer for your student will vary based on a number of factors but in almost all cases, we do not recommend signing this agreement. In most cases we’ve seen, these agreements are offered before any actual evidence has been provided. We don’t agree with signing away rights without even knowing what the case against your child is.
Your child has some important rights to understand
We recommend that you contact Law Office of Michael L. Fell as soon as possible so we can review your specific case. However, everyone should keep in mind that a stipulated expulsion requires your child and you to admit that your child acted in a way that it is reasonable they are suspended. Depending on what those alleged actions are, agreeing to this could be devastating and could lead to criminal charges.
You also give up your rights under the California Education Code. This code is in place to protect you and your child and states that you have a right to a hearing and a right to appeal the results of that hearing. When you sign a stipulated agreement, you’re accepting whatever punishment the district sees fit with no right to appeal it.
This situation can have lifelong consequences
You need an attorney to help you with this situation. This can affect not just your child’s education but their criminal record. Contact Law Office of Michael L. Fell at (949) 585-9055 for your free case evaluation.