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California School Expulsion Hearings are Subject to Due Process

Being expelled from a school district can have major implications on your child’s life. If your child is facing expulsion from the school district, you should know that expulsion is not automatic. School administrators cannot expel a student without first holding a school expulsion hearing.

California Education Code Section 48900 requires that school expulsion cases be conducted in accordance with generally accepted principles of due process. For example, in California, students must always have the opportunity to present their side of the story at a pre-expulsion meeting with their parents present.

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It is important that you hire an experienced school expulsion defense attorney who can help your child prepare for the expulsion process and obtain the best possible result at a school expulsion hearing.

What Happens Before a California School Expulsion Hearing?

At a pre-expulsion meeting, the principal or school administrator is charged with the duty of informing the student and the parent of each charge the student is facing. In addition, the principal should ask the student to respond to the allegations both verbally and in writing, and give the student the opportunity to admit, deny or explain his or her participation.

Often times, the principal will not allow the student to adequately present any explanation, justification or other information relevant to the allegations. Principals also often overlook their duty to provide the student with an explanation of expulsion procedures and what happens if the principal recommends expulsion.

As the Supreme Court stated in Goss v. Lopez, 419 U.S. 565, 574 (1975), young people do not “shed their constitutional rights” at the schoolhouse door. The Fourteenth Amendment to the U.S. Constitution protects citizens against the state itself and all of its creatures – including the Board of Education.

Call Wallin & Klarich if You Need Help in a School Expulsion Hearing

Wallin & Klarich is one of the few law firms in Southern California with experience defending students who are facing expulsion from school. Our goal is to keep your child in the same school or the same district, getting the best available education. We have experienced Southern California school expulsion hearing attorneys ready to represent your child in these matters.

With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, there is a skilled and knowledgeable Wallin & Klarich near you no matter where you are located. Let us protect your child so he or she can receive a quality education.

Call us at (888) 280-6839 for a free phone consultation. We will be there when you call.

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.