About Expulsion Appeals
Introduction
One of the duties and responsibilities of the San Bernardino County Board of Education is to hear appeals of expulsion from school districts under its jurisdiction (California Education Code 48919).
This page is intended to provide you with information necessary to appeal an expulsion. It is not intended to be your only source of information. We encourage you to review the California Education Code (Section 48900-48924) and the school district’s policies and procedures pertaining to suspension and expulsions.
When may an appeal be filed with the County Board?
Under the law, the pupil, parent, or guardian has the right to file an appeal of expulsion to the San Bernardino 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 Bernardino County Board of Education does not have jurisdiction to hear the appeal.
Day 1 of the thirty days (30) starts the day after the date of the expulsion. If the thirtieth day falls on a Saturday, Sunday, or holiday, the appeal may be filed the next business day. Filing requires receipt by the County School’s office. Your rights may be lost if you wait until the last minute to file.
How is an appeal request made?
The pupil or the person having legal custody of the pupil may file an appeal using this website or by lodging a letter or form with the office of the San Bernardino County Superintendent of Schools in person or by mail at:
County Board of Education
Roy C Hill Education Center
601 North E Street
San Bernardino, CA 92415-3093
Note: An appeal form is available for download or at the office address above. The office of the San Bernardino County Superintendent of Schools is not responsible for appeals lost in the mail.
The letter requesting an appeal must contain the following information:
- Name of the pupil;
- Name and address of parent/guardian of the pupil and, if represented, the name and address of the person representing the pupil;
- School district of residence and school most recently attended by pupil;
- A statement of the basis for the appeal which relates to one or more of the items described in Scope and Limitations of the Hearing below.
What happens next?
Once the Office of the San Bernardino County Superintendent of Schools has received a letter or form requesting an appeal of an expulsion, a hearing date for the case will be set. The hearing must be held within twenty (20) school days after the County Superintendent’s office receives a request unless you agree to a longer period by signing a waiver. During this period prior to the hearing, the County Board of Education will request the following information from the local school board/district:
- copies of the documentation of the hearing;
- the district’s rules and regulations dealing with expulsions;
- and a statement from the local district regarding whether there exists relevant evidence which, "in the exercise of reasonable diligence, if raised as a grounds of appeal, could not have been produced" during the original hearing.
Expulsion appeal hearings are normally scheduled for the first Monday of each month. Both the parent 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.
Summary of time requirements in Expulsion Appeal Proceedings
| Step | Time Requirements |
|---|---|
| Determination of Conduct in Violation of Education Code 48900 | Day 1 |
| Suspension | Not more than five (5) school days [Ed. Code 48911] |
| Recommendation for Expulsion/Extension of Suspension required second conference | [Ed. Code 48915] within five (5) school days of suspension [Ed. Code 48911(g)] requires second conference with Superintendent or |
| Notice of Hearing | Superintendent’s designee at least ten (10) calendar days prior to hearing unless waived |
| Pupil request for Open Hearing | At least five (5) calendar days preceding hearing |
| District Extension of Hearing Date | Up to five (5) school days "for good cause" |
| Pupil Postponement | Entitled to not more than 30 calendar days — additional days at Boards discretion |
| Administrative Panel Decision | Within three (3) school days |
| Decision of Governing Board | Within ten (10) school days of the hearing, or 40th day without pupil request hearing postponement [Ed. Code 48918(1)] |
Cost pursuant to the Education Code
The parent/pupil is responsible for requesting from the local school district and providing to the Office of San Bernardino County Superintendent of Schools seven (7) transcribed copies of the local district expulsion hearing.
The parent/pupil is responsible for the cost of the expulsion hearing transcript from the district, unless:
- parent or guardian certifies the he/she cannot afford the cost of the transcript;
- the County Board reverses the decision of the local board, in which case any transcript costs advanced are to be refunded by the local board.
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 conducted in the pupil’s district. Only in the rare instance discussed in item four (4) may a County Board of Education actually consider new evidence. The four legal grounds for appeal are as follows:
-
Did the district governing board proceed without or in excess of its jurisdiction in expelling the pupil?
Explanation: The California Education Code specifies the reasons for which a pupil may be expelled and the timelines that must be followed during expulsion proceedings. -
Was the pupil afforded a fair hearing before the district governing board?
Explanation: The district is required to provide 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. -
Was there a prejudicial abuse of discretion by district governing board?
Explanation: The California Education Code lists offenses that may result in suspension or expulsion and for some offenses require expulsion. A pupil may be expelled only when the district board finds that (1) other means of correction are not feasible, or (2) other means have failed to bring about appropriate conduct, or (3) the pupil’s presence at school is a danger to others, or (4) threatens to disrupt the instructional process. If the violation is not listed in the Education Code as well as written as part of the school rules, there are no grounds for expulsion. The district must also meet procedural requirements as described in the California Education Code and local board policy. The district findings must be supported by the evidence contained in the hearing transcript. -
Was there new relevant evidence or excluded evidence?
Explain if there is new relevant evidence, which could not have been produced at the time of the hearing or if there was relevant evidence, which was improperly excluded at the hearing. (If applicable, explain the circumstances and describe briefly the nature of the new or improperly excluded evidence.)
How to prepare for the hearing
No special expertise is necessary. The members of the Board strive to make the participants as relaxed as possible. It is best to briefly state your position, focusing on the grounds of appeal 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 the four areas of the appeal. The Board will focus on the previous hearing, so your case should be built on that record.
Additional consideration for Special Education pupils
Listed below are mandatory conditions, which must be met for special education pupils prior to an expulsion order.
- Was there a pre-expulsion meeting of the individualized education team prior to the expulsion hearing?
- Was an invitation to attend the pre-expulsion hearing extended at least 48 hours prior to the hearing?
- Was it determined during the pre-expulsion hearing meeting that:
- The misconduct was not caused by a manifestation of the pupil’s handicap?
- The pupil was appropriately placed at the time the misconduct occurred?
Right to have an attorney present
This page is an aid to help you understand the appeal hearing process. While attorneys are not required, it is the right of the County Board of Education, the district, and the parent or guardian to have an attorney present.
The San Bernardino County Lawyer Referral Service at (909) 888-6791 will provide you with the name of an attorney. You may also contact the Legal Aid Society of San Bernardino County at (909) 889-7328.
What will happen at the hearing?
When an appeal appears on the County Board 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 parent/guardian or pupil and representatives of the school district will be asked to take seats at tables in front of the Board (the pupil/parent, the district, and the County Board have the right to have legal counsel present). There will be a microphone at each table to record the hearing. The parent/guardian and representatives will appear before the Board members, counsel, the County Superintendent, or his/her designee and members of his/her staff necessary to conduct the meeting.
- The pupil, parent, guardian or counsel for the pupil will present the pupil’s position.
- The representative(s) of the school district will present the district’s position.
- The Board members and Board counsel may ask question at any time.
- When the questioning has been completed, the Board President will excuse all present. The Board will deliberate in closed session on the four question listed in Scope and Limitations of the Hearing.
- Following deliberations, the Board will convene in open session and take action. The Board has up to three (3) school days to make its decision.
The County Board's decision
The County Board may decide one of the following actions:
- Uphold the local district’s decision.
- Reverse the local district board’s decision.
- 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 pupil reinstated during this time.
- The County Board may conduct its own hearing considering new and original information and render its own decision. If the County Board decides to conduct a hearing, it shall notify the pupil and his/her parents/ guardian and the district of the time, date, and place for such a hearing and their procedural rights.
A final decision by the County Board of Education may be appealed to the Superior Court.
What are the parental option/responsibilities under the compulsory Education Law if the expulsion is upheld?
- Contact the local district and ask for a copy of its procedures to review and readmit the expelled pupil.
- A pupil expelled from school for any of the offenses listed in subdivision (a) and (c) of the Education Code Section 48915 shall not be permitted to enroll in any other school or district during the period of expulsion unless it is a county Community School or Juvenile Court School. The San Bernardino County Superintendent of Schools office operates a Community School Program for pupils in grades seven through twelve. For enrollment information, please contact the Student Services Division at (909) 386-2755.
