Mandatory Expulsion And The Must Recommend Expulsion
The California Education Code along with the school district’s own policies and regulations dictate when the school district can suspend or expel a student. However, there are certain violations that require a recommendation for expulsion. Expulsions can happen in public schools as well as under handbook guidelines for private schools. Regardless of the mandatory nature of the referral for expulsion, your child still has the right to challenge the expulsion in a full administrative hearing before an impartial tribunal or panel.
In a private school expulsion, Leigh Law Group attorneys have experience with the investigation process as well as in the expulsion process covered by private schools’ handbook procedures.
In a public school setting, a mandatory expulsion means that the school district recommending expulsion isn’t required to consider mitigating facts such as whether other means of addressing behavior have failed to bring about a change in the behavior or whether the child poses a threat. The challenge is to prove that your child is factually innocent at a hearing or to look at a potential fair settlement option that might entail a probationary list of measures to be taken to return to school without a hearing.
However, just because an expulsion is based on a mandatory expellable offense, that doesn’t mean that the right to notification of the charges and the right to defend oneself with evidence and witnesses at a hearing are waived or unavailable. In other words, Leigh Law Group‘s expulsion attorneys have represented clients in mandatory expulsion matters and have provided a successful and strong defense. Each case has its own unique facts and issues, so whether a student can overcome a mandatory expulsion is decided on a case-by-case basis.
Our attorneys will personally handle the details of your case to offer you the best possible support. We can ensure that your rights are preserved and that you are prepared to defend charges that mandate expulsion and removal from school.
What Violations Lead To Mandatory Expulsion?
School districts must recommend expulsion if a student:
- Brings a firearm or explosive to school
- Sells or distributes firearms or explosives
- Sells drugs or other controlled substances
- Threatens or commits sexual assault
- Brandishes a knife toward someone
You can still challenge the expulsion by proving innocence through testimonial and documentary evidence. This is particularly important in the case of a weak allegation or little evidence in the possession of the school site administrator.
It is important to note that criminal charges can be pending alongside an expulsion charge, which is why it’s critical that you retain counsel. There are many timelines affecting these proceedings as well, making it critical for a parent to consider hiring experienced lawyers like Leigh Law Group.
What Are ‘Unless’ Expulsions?
If the administrator determines that expulsion is not recommended, then an expulsion hearing is not required. If an expulsion is recommended, however, then you are entitled to receive notice of the specific facts upon which the charges are based, copies of all documents in advance of the expulsion hearing upon which the school district is relying, and the right to bring an attorney and present evidence and witnesses to argue your case.
The difference from mandatory expulsion is that the charges are less serious and there are statutory defenses. Students shall be recommended for expulsion subject to narrow exceptions and defenses for the:
- Threat or act of serious injury to another
- Possession of a weapon
- Use of drugs or other controlled substances
- Theft of property
With the challenges of today’s youth and technology, cyberbullying can lead to an unless or mandatory expulsion. The inappropriate use of technology, depending on the facts, can be a serious offense with serious repercussions.
Of course, lower-level violations can lead to expulsion as well, such as damage to property, hazing, bullying, possession of drugs and alcohol, and physical injury. Again, there is a right to prove one’s case through a hearing and to prove other mitigating factors.
Is Your Child Facing Expulsion? Contact Experienced Attorneys Today.
The attorneys at Leigh Law Group have extensive experience protecting students’ rights in expulsion cases.
Call 800-424-5297 to arrange a consultation at our San Francisco location or contact us online.
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