If a child is being faced with expulsion from their school, it can be a very stressful, scary and emotional time for the child and also the child’s parents. Being expelled from school can have long lasting effects on the child as it can harm their confidence and motivation to pursue further education, can also harm their chances of getting accepted into certain colleges and universities.
A child can be faced with expulsion for a variety of reasons, some of which include the use, possession, or sale of drugs or drug paraphernalia, theft, violence or possession of weapons. These offenses could be done while on school grounds, while going to or from school, during lunch period whether on or off campus, or during or while going to and from a school sponsored activity.
When the child has been given a suspension, an informal conference by the Principal is required. If the Principal determines the child was in violation of such rules that may constitute expulsion, then a hearing is scheduled to be held within 30 days of the alleged incident and the child and parent must be given at least 10 days written notice which includes information regarding the hearing and the child’s rights at the hearing.
The child has the right to postpone the hearing for 30 calendar days and has the right to request the hearing be conducted at a public meeting.
A decision must be made by the panel or hearing officer within 3 school days or 10 calendar days after the hearing. They can recommend expulsion, which means the student is barred from attending any other schools within the district. Another option they can choose is to suspend expulsion for up to one year, and the child must abide by all rules during that year, similar to probation. Finally, they can choose to reinstate the child with no further consequences.
The child has the right to appeal an expulsion decision however the appeal can only challenge whether any procedural errors were made in the initial hearing.
Hiring an attorney to be by your side and by your child’s side during an Expulsion Hearing can ensure that your child gets a fair hearing and their version of the events gets heard. Because an expulsion can have such long lasting effects on your child, having an experienced attorney on your side can give your child a better chance at succeeding at these hearings.
Contact Orange County Criminal Defense Attorney Ali Komaili if your child is facing expulsion from their school.