Expulsion Appeal Handbook

Expulsion Appeal Handbook Revised March 2013 San Diego County Office of Education Student Support Services Department Student Services and Programs Division

TABLE OF CONTENTS Introduction. Page 2 Actions resulting in suspension or expulsion.. Page 3 When may appeals be filed?... Page 7 How is a hearing request made? What happens next?.... Page 9 Scope and limitations of the hearing... Page 10 What will happen at the hearing... Page 12 How to prepare for the hearing... Page 14 Additional considerations / Right to an attorney.. Page 16 Parental options/responsibilities Page 18 Timelines for Suspension and Expulsion Appeals.. Page 19 Training and technical assistance. Page 21 San Diego County Board of Education.... Page 22 Page 1

INTRODUCTION One of the duties and responsibilities of the San Diego County Board of Education is to hear expulsion appeals from districts under its jurisdiction. These include: Alpine Union, Bonsall Union, Borrego Springs Unified, Cajon Valley Union, Cardiff, Carlsbad Unified, Chula Vista Elementary, Coronado Unified, Dehesa, Del Mar Union, Encinitas Union, Escondido Union, Escondido Union High, Fallbrook Union Elementary, Fallbrook Union High, Grossmont Union High, Jamul-Dulzura Union, Julian Union High, Lakeside Union, La Mesa- Spring Valley, Lemon Grove, Mountain Empire Unified, National, Oceanside Unified, Poway Unified, Ramona Unified, Rancho Santa Fe, San Diego Unified, San Dieguito Union High, San Marcos Unified, San Pasqual Union, Santee, San Ysidro, Solana Beach, South Bay Union, Spencer Valley, Sweetwater Union High, Vallecitos, Valley Center-Pauma Unified, Vista Unified, and Warner Unified. In hearing the appeals, the Board is committed to fairness in its deliberations. To achieve fairness, the Board wishes to ensure that San Diego County parents know of their right to appeal and understand the appeal process in order to be better prepared for it. This brochure is intended to provide you with information necessary should you need to consider appealing an expulsion order of your district board of education. While the brochure is informative, it is not a substitute for important original sources such as the California Education Code (E.C. 48900-48925) or your school district s policies and procedures for suspension and expulsion. You are also entitled to review transcripts of the hearing and consult and engage the services of a non-attorney advocate or an attorney. Page 2

ACTIONS RESULTING IN SUSPENSION OR EXPULSION EC 48900 Grounds for Suspension and Expulsion: A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: (a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person; (2) Willfully used force or violence upon the person of another, except in self-defense. (b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. (c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. (d) Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, an then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant (e) Committed or attempted to commit robbery or extortion. (f) Caused or attempted to cause damage to school property or private property. (g) Stole or attempted to steal school property or private property. (h) Possessed or used tobacco, or any products containing tobacco or nicotine products, including, but not limited to cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his/her own prescription products. (i) Committed an obscene act or engaged in habitual profanity or vulgarity. (j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in section 11014.5 of the Health and Safety Code. (k) 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. (l) Knowingly received stolen school property or private property. (m) Possessed an imitation firearm. As used in this section, imitation firearm 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. (n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. (o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in 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. Page 3

ACTIONS RESULTING IN SUSPENSION OR EXPULSION continued (p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. (q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation 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. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events. Note: Subdivisions (r) through (w) have been amended. (r) Engaged in an act of bullying. Bullying means, any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of electronic act, as defined, including, but not limited to, sexual harassment, hate violence, or harassment, threats, or intimidation, that has the effect or can reasonably be predicted to have the effect of placing a reasonable pupil as defined*, in fear of harm to that pupil s or those pupils person or property, causing a reasonable pupil to experience a substantial detrimental effect on his or her physical or mental health, causing a reasonable pupil to experience substantial interference with his or her academic performance, or causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities or privileges provided by a school. "Electronic act" means the transmission of a communication, including, but not limited to, a message, text, sound, or image, or a post on a social network Internet Web site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer, or pager. "Reasonable pupil" means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs. (s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following: (1) While on school grounds. (2) While going to or coming from school. (3) During the lunch period whether on or off the campus. (4) During, or while going to or coming from, a school sponsored activity. (t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). Page 4

ACTIONS RESULTING IN SUSPENSION OR EXPULSION continued (u) As used in this section, school property includes, but is not limited to, electronic files and databases. (v) A superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this section. (w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. EC 48900.2 Sexual Harassment In addition to the reason specified in Section 48900, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5. For the purposes of this chapter, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual s academic performance or to create an intimidating, hostile, or offensive educational environment, This section shall not apply to pupil s enrolled in kindergarten and grades 1 to 3, inclusive. (Added by Stats, 1992, c.909 (S.B.1930), 2) 48900.3 Hate Violence In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to case, or participated in any act of, hate violence, as defined in subdivision (e) of Section 233. (Added by Stats.1994, c. 1198 (A.B. 2543), 6. Amended by Stats. 1999, c.646 (A.B.1600), 25.) 48900.4 Harassment, Threats, or Intimidation In addition to the grounds specified in Section 48900 and 48900.2, a pupil enrolled in any of grades, 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment. (Added by Stats, 1994, c 1017 (A.B.2752), 1. Amended by Stats. 2002, c, 643 (A.B. 1901). 2.) Page 5

ACTIONS RESULTING IN SUSPENSION OR EXPULSION continued 48900.7 Terroristic Threats against school officials, school property, or both (a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both. (b) For the purpose of this section terroristic threat shall include any statement, which written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family s safety, or for the protection of school district property, or the personal property of the person threatened or his or her immediate family. (Added by Stats. 1997, c 405 (A.B.307), 1.) Page 6

WHEN MAY APPEALS BE FILED? 1. Under the law, the pupil/parent/guardian have the right to file an appeal of expulsion to the San Diego County Board of Education within thirty (30) calendar days after the local district s decision to expel the pupil. If thirty (30) days have passed since the date of the expulsion, the San Diego County Board of Education does not have jurisdiction to hear the appeal. On some occasions, a district may suspend an expulsion allowing a pupil to return to school under certain conditions. However, the thirty (30) day time limitation applies, even though the order of the expulsion is suspending and the pupil may be attending school. 2. An appeal may be made when the pupil/parent/guardian feels that one or more of the procedural conditions as described under Scope and Limitations of the Hearing have been violated. It is helpful if the parties making an appeal understand that an appeal before the County Board is not a rehearing, but rather a procedural review of the transcripts of the hearing before that district board to determine if all concerned have received a fair hearing. Individuals are encouraged to carefully review Scope and Limitations of the Hearing and to contact the San Diego County Office of Education to review and discuss: Parents contact: District contact: Carolyn Nunes, Senior Director Special Education Pupil Expulsion Appeals Don Buchheit, Senior Director Student Support Services, District Consultant, Trainer, Expulsion Appeals The pupil or the person having a legal custody and or educational rights of the pupil should contact the County Office of Education (858) 292-3774 to discuss the matter first and if warranted, request an appeal form. The appeal form should be returned to the San Diego County Superintendent of Schools in person or by mail to: San Diego County Superintendent of Schools Carolyn Nunes, Senior Director 6401 Linda Vista Road, Room 315 San Diego, CA 92111-7399 ATTN: County Board of Education The form requesting an appeal MUST contain the following information: 1. Name of expelled pupil 2. Name of appellant 3. Relationship of appellant to expelled pupil (e.g. parent, guardian, if appellant is not the expelled pupil) 4. Address and telephone number of appellant 5. Name of respondent school board Page 7

WHEN MAY APPEALS BE FILED? continued 6. Reasons stated in the board findings for expulsion of the student 7. Date of respondent school board s action 8. A statement of the basis described in Scope of Review by County Board (See page 9 10 of this document) Ten (10) calendar days prior to the hearing date, a transcribed copy of the complete record of the hearing, which must be certified by the local district s superintendent or designee, must be received by the Office of the San Diego County Superintendent of Schools. Typically, the local school district will have a taped record of the hearing which must be transcribed to a written record for an appeal. The appellant will be responsible for requesting a copy IN WRITING as well as the cost of the transcription. If the appeal is upheld, the district is required to reimburse costs. If the appellant cannot afford the costs due to limited income or exceptional necessary expenses, the transcripts will be provided at no cost. [E.C. 48921]. Page 8

HOW IS A HEARING REQUEST MADE? WHAT HAPPENS NEXT? Once the office of the San Diego County Superintendent of Schools has received the form or letter containing all the information and a request for an appeal from expulsion, a hearing date will be set. It is the appellant s responsibility to see that the transcription of the prior hearing is delivered to the County Superintendent s office. The hearing must be within twenty (20) school days after the County Superintendent s office receives a request for an appeal from expulsion. A waiver is generally offered to set the actual date of the appeal hearing on the second Wednesday of the month as a part of the regular meeting of the San Diego County Board of Education. Both the appellant and the local district will receive notices by mail ten (10) calendar days before the hearing regarding the date, time, and place of the hearing. The notice of the hearing will contain a statement that the County Board of Education intends to hold the hearing in closed session. The California Education Code requires that the hearing be closed unless there is a request that hearing be open or public. If an open hearing is desired, it must be requested in writing five (5) days prior to the hearing date. If such an option is elected, a written request is required [E.C. 48920]. During this period prior to the hearing, the County Board of Education will also request the local school board/district to provide: 1. Copies of the documentation of the hearing including the findings; relative to the expulsion; 2. The district s rules and regulations dealing with expulsions; 3. A statement from the local district regarding whether there exists relevant evidence which in the exercise of reasonable diligence, could not have been produced during the original hearing. 4. Copies of all correspondence relating to, concerning, or leading to the expulsion; and 5. Excerpts of all minutes of meetings of governing board concerning the expulsion proceedings including the written findings of fact by the governing board and expulsion order. All of this information is sent to the County Board of Education members for review at least 5 days prior to the scheduled hearing of the appeal. Page 9

SCOPE AND LIMITATIONS OF THE HEARING The County Board of Education is required to base its appeal consideration upon the written record of the hearing conduced in the pupil s district. Only under special circumstances discussed in item 4 (see below) may a County Board of Education actually consider new evidence. The County Board s charge is to determine if the pupil s due process rights were violated in a manner which resulted in the pupil s receiving an unfair hearing. It is NOT the charge of the County Board to agree or disagree with the local board s decision to expel, but to assure that legal procedures were followed and that a fair hearing was conducted. If this is kept in mind, better preparation for a case will be made by focusing on the four questions listed below (the fifth questions is for the County Board of Education s consideration only): 1. Did the district governing board proceed without or in excess of its jurisdiction in expelling the pupil? Explanation: The California Education Code [ 48900, 48900.2, 48900.3, 48900.4, 48900.7, 48915 and 48918] specifies the reasons for which a pupil may be expelled, the timelines that must be honored during expulsion proceedings, and that the act or acts must be related to school activities or attendance. For a discussion of how a County Board should review a violation of expulsion timeline, please see Sacramento City Unified v. Sacramento County Board, 2001. 2. Was the pupil afforded a fair hearing before the district governing board? Explanation: The district is required to provide due process and a timely notice of the hearing to allow time to hear and examine all evidence submitted; and a reasonable opportunity to present evidence to deny, explain, or mitigate the allegations. 3. Was there a prejudicial abuse of discretion by the district governing board? Explanation: An abuse of discretion is established if school officials have not met the procedural requirements for expulsion; if the decision to expel is not supported by the findings prescribed by Section 48915; or if the findings are not supported by the evidence. Note: A County Board of Education may not reverse the decision of a governing board to expel a pupil based upon a finding of abuse of discretion unless the abuse was prejudicial. 4. Is there now relevant and material evidence which, is the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board? Page 10

SCOPE AND LIMITATIONS OF THE HEARING - continued Explanation: Sometimes evidence is not known or available at the time of a hearing which reasonably could have altered the governing board s decision. When it is determined that this information could not have been reasonably produced and is deemed significant, or was improperly excluded, the County Board of Education has two options: a. The case may be (and is generally) remanded back to the district governing board for reconsideration, together with instructions as the County Board may deem necessary. b. If deemed necessary, the County Board may grant a new hearing (hearing de novo) before itself. For County Board of Education s Consideration Only 5. Is there evidence in the record that support the required findings in 48915? Explanation: 48923 (b) states that if the county board determines that the decision of the governing board is not supported by the findings required to be made by 48915 (other means of correction are not feasible or have repeatedly failed to bring about proper conducts or due to the nature of the act the presence of the student causes a continuing danger to the physical safety of the student or others) but evidence supporting the required findings exists in the record of the proceedings the county board shall remand the matter to the governing board for adoption of the required findings. This remand for the adoption and inclusion of the required findings shall not result in an additional hearing pursuant to Section 48918, except that final action to expel the pupil based on the revised findings of fact shall meet all requirements of subdivisions (j) and (k) of Section 48918. The four items listed above are the only grounds for the County Board of Education to overturn an expulsion. The determination of question number five by the County Board of Education may only result in a remand of the matter to the local governing board. When submitting an appeal to the County Board one or more of these areas must be identified. Page 11

WHAT WILL HAPPEN AT THE HEARING? Hearings are typically conduced in closed session (unless request for open hearing has been made) during regular San Diego County Board of Education meetings held at the: San Diego County Office of Education 6401 Linda Vista Road, Room 508 San Diego, CA 92111-7399 When an appeal comes up on the agenda, the Board of Education meeting will be closed (unless an open hearing has been requested) and all those not involved in the matter will be excused from the Board Room. The appellant and his or her representatives and the representatives of the school district will be asked to take seats at a table in front of the Board. (The appellant, the district, and the County Board have the right to have legal counsel present.) There will be a microphone at the table to record the hearing. The appellant will appear before the Board members, county counsel, the superintendent and members of his staff necessary to conduct the meeting. If an open meeting was requested, the public may also attend. As mentioned in the section entitled What Happens Next? a request for an open hearing must be delivered in writing to the County Superintendent s office at least five (5) days prior to the hearing date. The hearing is conducted as follows: 1. If any new materials are submitted that the Board has not already received, the members will review them. All participants are provided with the same written material. 2. The pupil, parent or guardian, advocate representative, or counsel for the pupil will be asked to make a statement. 3. The representative(s) of the school district will be asked to make a statement. 4. The Board members will question the appellant and the representatives of the district. 5. When the questioning has been completed, all present will be excused by the Board President. The Board will deliberate in closed session on the four questions listed in Scope and Limitations. If, during the deliberation, the Board calls back any party associated with the appeal for further questions, all parties will be called back. 6. Following the deliberation, the Board will convene in open session. The Board has up to three (3) school days to make its decision; however, a decision is usually made the same day. The Board President asks for a motion for a resolution in one of the four categories. A Board member will make a motion, and it will be seconded and voted upon. The Board will do one of the following: Page 12

WHAT WILL HAPPEN AT THE HEARING? - continued a. Remand the matter to the local district for reconsideration of new information, which could not have been reasonably produced during the original hearing, or was improperly excluded. The Board may order the student reinstated. b. The County Board may conduct its own hearing de novo (new hearing) considering new and original information and render its own decision. If the County Board decides to conduct a hearing de novo, it shall notify the pupil and his/her parent/guardian and the district of the time, date, and place for such a hearing and their procedural rights. c. Uphold the local district board s decision. d. Reverse the local district board s decision. The County Board s decision is final. There is no further appeal process. We recommend a thorough review of the California Education Code Sections 48919 and 48925 for a more legally detailed description of the hearing. Page 13

HOW TO PREPARE FOR THE HEARING If the appellant is taking the role of spokesperson, it is useful to prepare a statement in advance. It is helpful to know that the hearing is conducted in a sufficiently informal manner so that no special expertise is necessary and to allow participants to be as relaxed as possible. The statement should convey the facts of the case from the appellant s perspective and should focus on the first four of the five questions listed in Scope and Limitations of the Hearing. Remember that no matter how compelling an appeal is felt to be, the Board can only reverse a decision if it addresses one of these four areas. The Board will focus on the previous hearing, so the case should be built on that record and any evidence which could not have been reasonably known or was unfairly excluded during the district s expulsion hearing. In preparing a statement, a review of the policies and procedures of the governing district is advisable to determine if any procedures or timelines were not adequately met. If the following questions cannot be answered satisfactorily, there may be cause for an appeal. Was the pupil and parent/guardian informed of district policies regarding discipline, particularly as they related to the violation which might result in an expulsion? [E.C. 385291.5] Was the expulsion based on acts listed in E.C. 48900 of the Education Code? (See Actions for Which Students may be Suspended or Expelled. Pages 2-4 of this document) Did pupil or parent/guardian receive proper notice regarding hearings, and did hearings occur within timelines specified in law? (See Timelines Pages 18-19 of this document) Was the pupil or parent/guardian invited to appear for all expulsion proceedings? Was the pupil allowed to have an attorney or a non-attorney advocate present during the hearing? Were all proceedings held in closed session (unless an open session was requested) and was confidentiality respected? Was there substantial evidence of commission of the offense? Was there a complete record of the expulsion hearing? If the governing board conducted the factual hearing by using a hearing officer or administrative panel rather than a direct hearing before the board, was a copy of the written report and an opportunity to comment before the board provided? Page 14

HOW TO PREPARE FOR THE HEARING - continued Was the pupil, or parent/guardian, informed of his/her right to appeal before the County Board of Education and of his/her right to request readmission? Was an opportunity provided to hear and/or examine all evidence submitted against the pupil? Was an opportunity provided to present evidence on the pupil s behalf? Is there now relevant and material evidence, which with reasonable diligence, could not have been revealed or was improperly excluded during the hearing before the school district governing board? Is the decision of the governing board supported by the findings required in 48915 recorded on the record? Page 15

ADDITIONAL CONSIDERATIONS / RIGHT TO AN ATTORNEY Special Education and 504 students Special Education and Section 504 of the Rehabilitation Act issues are not resolved the County Board of Education. They must be resolved prior to appealing to the County Board of Education as the County Board of Education does not hear matters or appeals related to Special Education or Section 504; however the following should be considered: It is the intention of the San Diego County Board of Education to conduct hearings in a manner which does not require attorneys. However, a legal or advocacy representative may be desired if the procedures are not thoroughly understood, or if there is limited English or difficulty in expression before a group. This brochure is an aid to help the appellant understand the hearing process. While attorneys are not required, it is a right, and the right of the County Board of Education and of the governing district to have an attorney present as well. The following may be helpful questions to pursue. However, they are not resolved by the County Board. If the pupil has exceptional needs and was under and Individualized Education Program (IEP) at the time of the suspension: Was there a pre-expulsion hearing of the Individualized Education Program Team prior to the expulsion hearing? [E.C. 48915.5(a)] Was an invitation to attend the pre-expulsion hearing [E.C. 48915.5(d)] extended 48 hours prior to the hearing? Was it determined during the pre-expulsion meeting that the 1. Misconduct was not caused by a manifestation of the pupil s disability? 2. Pupil was appropriately placed at the time the misconduct occurred [E.C. 48915.5(a) (2) (3)]? Was the suspension, pending the expulsion hearing, for more than 10 days without wither a parent s agreement or order by a court [E.C. 48915.5(d) and 48911(a through h)]? If the pupil is Section 504 of Rehabilitation Act qualified at the time of the suspension review the following: The district must reevaluate the child prior to any suspension of 10 days ore more. Page 16

ADDITIONAL CONSIDERATIONS / RIGHT TO AN ATTORNEY - continued Is there a nexus between the child s disability and the behavior complained of? If yes the child may not be suspended more than 10 days unless the behavior is alcohol or other drug, serious physical injury, or firearm related. If there is not a nexus between the child s disability and the behavior, this must be determined prior to the expulsion hearing and recorded into the record. The San Diego County Bar Association Lawyer Referral and Information Service at (619) 231-8585 will provide you with the name of an attorney. You may contact the Legal Aid Society of San Diego County to determine your eligibility for legal assistance 1-877-534-2524. Page 17

PARENTAL OPTION/RESPONSIBILITIES What are the parent options/responsibilities under the Compulsory Education Law if expulsion is upheld? 1. Contact the local district in writing for a copy of its procedures to review and readmit the expelled pupil. 2. If the pupil has moved to another district, the law requires that the new district be notified of the expulsion or any pending expulsion [E.C. 48915.1 and E.C. 48918]. 3. The local governing board may place the student in a community day school within the district if it has one. 4. A pupil may apply to another district and must inform its staff of the expulsion order or any pending expulsion. (The new district does not have to accept expelled students.) 5. A pupil expelled under 48915c may not attend a school unless it is a county community school or a district community day school during the period of expulsion. The student must be in one of these schools during the period of expulsion. 6. A pupil may apply for admission to a private school. 7. A district may make arrangements for placement of a pupil for admission to the Summit Schools operated by the San Diego County Superintendent of Schools. 8. A credentialed teacher may be employed to instruct the pupil may apply in the appropriate grade level (home tutoring). 9. A request may be made for placement in a county community school pursuant to approval by the district s School Attendance Review Board (SARB). 10. At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure that an education program is provided to the pupil who is subject to the expulsion order for the period of expulsion [Education Code Section 48916.1] 11. When a child age 6 to 18 years is expelled from a school district, parent or guardian is still responsible to ensure that the student attends school [Education Code Section 48200]. 12. During the expulsion the student must complete the district board of education s rehabilitation plan and demonstrate that he or she is not a continuing danger to the other students, staff or self. Page 18

TIMELINES FOR SUSPENSION AND EXPULSION APPEALS Determination of conduct in violation of EC 48900 Suspension Recommendation for extension of suspension pending recommendation for expulsion. Required second conference. Notice of hearing Pupil request for open hearing District extension of hearing date Pupil postponement Hearing Administrative panel or hearing office recommendation Respondent school district shall file with the County Board with documents that are on file that relate to the expulsion (see County Board policy for details) Decision of governing board Appeal to county board Appellate hearing * Appellant shall file transcript of district hearing Filing of written arguments if submitted must be received by the office or the County Superintendent. Names of persons who intend to make presentations at hearing from appellant and respondent to SDCOE 1 Day (Unless more investigation is necessary to determine the violation) 2 Day (Must hold conference without exception) Not more than 5 school days. [E.C. 48911] [EC 48915] Within the 5 school days of suspension/extension pending decision on expulsion [EC 48911(g)]. Requires second conference with superintendent or superintendent s designee. At least 10 calendar days prior to hearing. [EC48918(b)]. At least 5 days prior to hearing. [EC48918(c)]. Up to 5 school days for good cause. [EC48918(a)] Entitled to not more than 30 calendar days. Additional days at board s discretion. To be conducted within 30 school days of determination of pupil violation. [EC48918 (a)]. Within 3 school days or by 33 rd day without postponements. [EC48918(e)]. At least 10 days prior to the day set for the hearing. Within 10 school days; or 40 th day without pupil requested hearing postponement [EC48918(i)]. Within 30 calendar days following local board decision. [EC48919]. Within 20 school days following filing or formal request. [EC48919]. At least 10 calendar days before the set date for the County Board hearing. At least 10 days prior to the day set for the hearing. At least 48 hours prior to hearing. * Unless County Board deems a postponement is necessary to avoid injustice Page 19

TIMELINES FOR SUSPENSION AND EXPULSION APPEALS continued Stipulated postponements where parties jointly seek in writing a postponement for a later agreed upon date Request by either party for postponement in advance respondent school district s request may not exceed the 20 school days unless agreed by the appellant* Decision of the County Board At least 48 hours in advance of hearing. At least 48 hours in advance of the hearing. Within 3 school days following the hearing. [EC48919]. * Unless County Board deems a postponement is necessary to avoid injustice Page 20

TRAINING AND TECHNICAL ASSISTANCE Parent/attorneys should first contact to discuss the scope and limitations of the hearing by the County Board of Education: Carolyn Nunes, Senior Director San Diego County Office of Education Special Education Department (858) 292-3774 For school district training, consultation or other technical assistance only regarding the expulsion appeals, contact: Don Buchheit, Senior Director San Diego County Office of Education Student Support Services Department (858) 571-7284 Page 21

SAN DIEGO COUNTY BOARD OF EDUCATION TRUSTEE AREA FIRST DISTRICT: San Diego Unified, San Diego Community College. SECOND DISTRICT: Chula Vista Elementary, Coronado Unified, National School District, San Diego Unified, (Southeast San Diego), San Ysidro, South Bay Union, Southwestern Community College, Sweetwater Union High. THIRD DISTRICT: Cajon Valley Union, Grossmont-Cuyamaca Community College, Grossmont Union High, Jamul-Dulzura Union, La Mesa-Spring Valley, Lemon Grove, Mountain Empire Unified, San Diego Unified (Mid-City, Elliott-Navajo). FOURTH DISTRICT: Alpine Union, Borrego Springs Unified, Dehesa, Escondido Union, Escondido Union High, Julian Union, Julian Union High, Lakeside Union, Palomar Community College, Poway Unified, Ramona Unified, San Diego Unified (Scripps Miramar Ranch), San Marcos Unified, San Pasqual Union, Santee, Spencer Valley, Valley Center-Pauma Unified, Vista Unified, Warner Unified FIFTH DISTRICT: Bonsall Union, Cardiff, Carlsbad Unified, Del Mar Union, Encinitas Union, Fallbrook Union Elementary, Fallbrook Union High, Oceanside Unified, Rancho Santa Fe, San Dieguito Union High, Solana Beach, Vallecitos. BOARD MEMBER GREGG ROBINSON LYN NEYLON SHARON JONES MARK ANDERSON SUSAN HARTLEY NOTE: Citations such as E.C.48900 refer to sections in the California Education Code. Page 22

San Diego County Board of Education Mark Anderson Susan Hartley Sharon C. Jones Gregg Robinson Lyn Neylon Superintendent of Schools Randolph E. Ward, Ed.D Student Services and Programs Division Tim Glover, Assistant Superintendent Student Support Services Department Don Buchheit, Senior Director District Appeals Contact Carolyn Nunes, Senior Director Parent Appeals Contact Bob Mueller, Director District/Parent Appeals Alternate