Education Law
As a former Deputy District Attorney in Merced County, Gerald Schwab, Jr. has an in-depth understanding of the various disciplinary violations that can be levied against students. He also has extensive trial experience, allowing him to provide advocacy for students who were suspended or recommended for expulsion.
Disciplinary Conditions
Certain procedures must be followed when public schools in California choose to suspend or expel a student. To ensure that students' rights are protected and parents are well-informed as to the circumstances surrounding the suspension or expulsion, parents should seek the assistance of a qualified education law attorney.
California Education Code Sections 48900 to 48927 state the grounds under which school officials can discipline students with dismissal. These include:
- Causing, attempting, or threatening physical injury to another person;
- Possession, selling, or furnishing a firearm, knife, or explosive;
- Possession, use, or selling drugs or narcotics;
- Damaging school property or private property; and
- Possession or use of tobacco or other nicotine products.
The Fresno Unified School District, which has a zero tolerance policy, will immediately suspend or recommend students for expulsion for the following kinds of violations:
- Assault/battery of a student or school employee
- Fighting that results in physical injury
- Hate violence
- Arson
Suspensions
According to Education Code Section 48910, a teacher can suspend a student from class for disciplinary purposes. The suspension could last until the following calendar day if the student is in elementary school, or until the next day's class period if the student is in secondary school. Teachers also have alternatives to suspending a student, which include participating in community service on or off school grounds.
According to Education Code Section 48911 a principal may suspend a student for five consecutive school days but no more than 20 school days in a school year.
Expulsions
In some circumstances, suspensions involving serious conduct can lead to expulsions. However, students facing expulsion are afforded certain due process protections.
Generally, after the superintendent or principal recommends expulsion, the parents are notified of the recommendation and given an opportunity to have an expulsion hearing with the school district. At the expulsion hearing, the school district has the burden of proving the allegations using evidence and witnesses. The student and his or her parents have the opportunity to question witnesses and present their own side of the facts. An administrative panel will listen to the evidence before deciding whether to support the recommendation for expulsion.
If the student feels the panel's decision was unfair or feels that relevant evidence was omitted, the decision can be appealed to the county board of education. An experienced attorney can advocate on behalf of your child, present supporting evidence, and file an appeal if necessary.
For a lawyer with experience handling these types of student disciplinary actions and proceedings, contact the Law Offices of Gerald Schwab, Jr. today for a free consultation.
