Monday, June 20, 2011

Where Do You File an Expulsion Appeal and What Are The Time Limits for Filing?

By Michelle Ball, California Education Attorney for Students since 1995

If a student goes through a school expulsion hearing in California and are unsatisfied with the results (e.g. they lose and are expelled), they must act quickly to appeal the expulsion decision.

Per California Education Code section 48919, within 30 days of the decision by the Board of Education, an appeal must be filed with the local County Board of Education.  So, if you are in Sacramento the appeal would be lodged with the Sacramento County Board of Education, Woodland would go to the Yolo County Board of Education, Roseville with the Placer County Board of Education, and so on.

The date of the decision for purposes of calculating the thirty day expulsion appeal timeline usually begins the date the Board of Education met and made their recommendation in the student expulsion matter.  If a family is in a District where the Board of Education assigns the expulsion hearing to a panel, the decision is not final until the actual Board of Education rules on the matter.

It is vital that the expulsion appeal request be filed timely with the county board.

If a parent signed a negotiated agreement (often called a "stipulated expulsion" aka agreed expulsion), the appeal right is usually waived by the terms of the agreement.

If a parent will appeal an expulsion, it is important to review the matter with an attorney prior to filing, to evaluate the bases for the appeal.  If a parent does not lay the expulsion appeal bases out clearly or meet the requirements, their appeal may be rejected or may fail.  As such, a little legal preparation and input can be very helpful.

Michelle Ball
Education Law Attorney
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209

Please see my disclaimer on the bottom of my blog page []. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

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