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Parents may appeal a local board’s decision to expel to the County Board.
Appeal of an Expulsion
When to file: An appeal must be filed within 30 calendar days from the date of the local board's decision to expel.
Grounds for Appeal
A. The local Board proceeded without or in excess of its jurisdiction.
- Where an expulsion hearing is not commenced within the statutorily or locally prescribed time periods.
- Where an expulsion order is not based upon the acts enumerated in California Education Code section 48900.
- Where the situation involves acts not related to school activity or attendance.
B. The local Board failed to provide for a fair hearing.
- Where the pupil was denied the right to be represented by counsel.
- Where the pupil was prohibited from introducing testimony of witnesses on his or her behalf.
- Where there is a failure on the part of the school district to introduce substantial evidence to support a recommendation to expel.
- Where the evidence submitted in support of the expulsion is not the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
- Where the pupil was not given an opportunity to confront or question any witnesses who testified at the hearing except as provided in California Education Code section 48918(f).
C. There was a prejudicial abuse of discretion in the hearing as such abuse is described in Section 48922 of the Education Code.
- If the school board did not proceed with the expulsion in the manner required by State law or applicable school district rules, regulations or procedures governing expulsions.
- If the decision to expel is not supported by the findings of the school district governing board as prescribed by California Education Code section 48915.
- If the findings are not supported by the evidence.
D. There is new relevant evidence that could not have been produced at the time of the hearing or there was relevant evidence that was improperly excluded at the hearing.
Scope and Limitations
The County Board is required to base its determination upon the written record of the expulsion hearing conducted before the school district governing board. No other evidence may be considered except as provided in Education Code section 48923(a)(2). It is not the duty of the County Board to re-try the issue, but to review the expulsion to assure the proper legal procedures were followed and a hearing was conducted.
Contact
Safe Schools Unit at Riverside County Office of Education for more information or to request an Expulsion Appeal packet.
Cami Berry, Director
(951) 826-6243
cberry@rcoe.us
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