When the threat of expulsion from school is looming, every winning argument can help to protect you. If a law is broken, it may be possible to challenge a student expulsion based on the hearing process. You may not believe that hiring an attorney is necessary if your child is facing a school suspension or expulsion hearing, but the implications of your child being suspended or expelled from school can significantly impact his or her future. Start looking for an education lawyer near me and get the help you deserve.
What does an expulsion hearing notice need to contain?
The following items must be included in the expulsion hearing notice, according to Education Code Section 48918(b):
- The student’s expulsion hearing date
- The venue of the expulsion hearing
- The particular facts that support the student’s expulsion recommendation.
Some other things to consider are:
- The exact charges (e.g., the education code sections)
- A copy of the disciplinary regulations about the student’s allegation(s).
- A non-attorney advisor or a lawyer may represent the student.
- Obligations of parents to notify other school districts
- The student and their guardians or parents may attend the hearing in person.
- Evidence can be called into question.
- All documents utilized at the student’s hearing may be examined.
- One may acquire copies of the hearing’s paperwork.
- All witnesses who give evidence at the expulsion hearing may be questioned.
- For the student, oral or documented evidence may be submitted.
- At the expulsion hearing, the student may call witnesses.
- If a sexual battery is suspected, witnesses have certain rights.
It is important to remember that these are a lot of notices, and not every school district sends out hearing notices with all of the required information.
What if the hearing notice misses some of the required notifications?
If the expulsion hearing letter does not include all required information, parents may be able to appeal the expulsion based on violating the student’s notification rights.
A parent might then attend the hearing and claim that the hearing was procedurally flawed because the hearing notice omitted all required items.
Get help from an attorney today.
If your child is facing the threat of expulsion, do not give up hope just yet. An experienced education lawyer can assess your case, look for fighting points, and ensure your case’s success. Do not waste any time and schedule a consultation today.