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When Can an Elementary School Student be Expelled? – California Education Section 48900

On the car ride home from school, your child informed you that he is facing expulsion from his elementary school. Understandably, your first thought was probably not one involving legal representation. Does the school have a right to expel your child?

The experienced school expulsion attorneys at Wallin & Klarich can protect your child’s rights and ensure that the school board does not make an arbitrary decision regarding his or her education.

What are the Grounds for School Expulsion?

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California Education section 48900 states that a student shall not be recommended for expulsion unless the superintendent of the school district or the school’s principle determines that the student committed any of the following acts:

  • Caused or threatened to cause physical injury to another person;
  • Willfully used force or violence upon the person of another, except in self-defense;
  • Possessed, sold or otherwise furnished a firearm, knife, explosive or other dangerous object;
  • Unlawfully possessed, used, sold or otherwise furnished, or been under the influence of, a controlled substance;
  • Unlawfully offered, arranged or negotiated to sell a controlled substance;
  • Committed or attempted to commit robbery or extortion;
  • Caused or attempted to cause damage to school property or private property;
  • Stolen or attempted to steal school property or private property;
  • Possessed or used tobacco;
  • Committed an obscene act or engaged in habitual profanity or vulgarity;
  • Unlawfully possessed or unlawfully offered, arranged or negotiated to sell drug paraphernalia;
  • Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials or other school personnel engaged in the performance of their duties;
  • Knowingly received stolen school property or private property;
  • Possessed an imitation firearm, which means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm;
  • Committed or attempted to commit a sexual assault or committed a sexual battery;
  • Harassed, threatened or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both;
  • Unlawfully offered, arranged to sell, negotiated to sell or sold the prescription drug Soma;
  • Engaged in, or attempted to engage in, hazing. “Hazing” means a method of initiation or pre-initiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current or prospective pupil; OR
  • Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act directed specifically toward a pupil or school personnel.

Furthermore, California Education section 48900 also requires that the activity be school-related or on school grounds prior to a student being recommended for expulsion. This includes, but is not limited to, the following:

  • While on school grounds;
  • Example: Your child willfully used physical force upon another student in class following a disagreement over a group project.
  • While going to or coming from school;
    • Example: Your child arranged to sell a controlled substance to another student as they were walking home from class.
  • During the lunch period, whether on or off the school campus;
    • Example: Your child was smoking tobacco on the playground during the lunch period.
  • During, while going to, or coming from a school-sponsored activity.
    • Example: Your child committed a sexual battery upon another student on the school bus while returning from a field trip.

    Why You Should Retain Wallin & Klarich

    If your child is facing a school expulsion hearing, contact the law offices of Wallin & Klarich immediately. Our attorneys understand the importance of keeping your child in the same school and are ready to zealously advocate on his or her behalf. We can help you defend any false allegations or argue why your child deserves a second chance.

    Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Give us a call today at (888) 280-6839. We will get through this together.

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    About Wallin & Klarich

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    Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.