If your child has been expelled from school, you may feel helpless and unsure of what steps to take. However, there are options available to help them. At Law Office of Michael L. Fell, we have extensive experience handling cases involving juvenile crimes and student conduct. If there is a possibility to fight the expulsion, we will explore it thoroughly.
Continue reading to gather essential information and then contact our offices at (949) 585-9055 at your earliest convenience. We offer a free consultation to assess your options and provide guidance.
Time is of the Essence
It's crucial to act swiftly as the California Education Code allows for an appeal of an expulsion under specific circumstances, but within a limited timeframe. You have 30 days from the date of the expulsion to submit a written appeal. Failing to meet this deadline will result in the forfeiture of your right to appeal.
The specific documentation required for the appeal varies depending on the board of education overseeing the case. It is the student's responsibility to complete the correct forms, gather evidence, secure witnesses, and more. This is why we strongly recommend retaining a defense attorney experienced in this process. Losing an appeal due to incorrect paperwork could be devastating. While the school board may offer an opportunity to rectify errors, the timeframe for doing so may be extremely limited.
Potential Grounds for Appeal
It's important to note that not all reasons for expulsion can be appealed. Only certain issues, primarily relating to constitutional rights, such as the right to due process, can serve as grounds for appeal. This means that you should have the opportunity for a fair hearing and the ability to defend yourself.
When considering an appeal, the state will assess whether the school board acted within its jurisdiction, if a fair hearing was conducted, and if there was a prejudicial abuse of discretion. Examples of this could include school officials failing to follow procedural requirements or a student being expelled despite findings that do not support such a decision.
Three Possible Outcomes, Final Decision
If you are granted the right to appeal the expulsion, the appeal will typically be heard by the county board of education. Within three days of the hearing, they will determine whether to reverse, uphold, or remand the decision back to the school board for further consideration. Once the county board has made its decision, there is no further avenue for appeal. Therefore, it is crucial to have the guidance of an attorney from the outset. Reach out to Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation and explore your options.