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When May an Appeal be Filed with the Kings County
Ten (10) calendar days prior to the hearing date before Board of Education? Under California law, the pupil,
the County Board, a transcribed copy of the complete H A N D B O O K
parent or guardian has a right to file an appeal within 30 record of the expulsion hearing must be received by KINGS COUNTY OFFICE
calendar days following the expulsion decision of a local the County Superintendent. It is the responsibility of OF EDUCATION
school board. Board according to its procedures. If an the appellant to obtain from the school district and appeal is not filed within the 30 day period, the County ensure that a complete copy of the record/transcripts Board cannot consider/hear the appeal. The appeal must Introduction: The Kings County Office of Education is not
is delivered to the County Superintendent. Failure of be filed, in writing, with the County Board according to its part of any local school district. It is an intermediate educa- the appellant to provide a written record/transcripts to procedures. If an appeal is not filed within the 30 day tional agency linking the State Department of Education with the County Board within 10 days prior to the hearing eriod, the County Board cannot consider/hear the appeal. the county's local school districts. The governing board of date may result in dismissal of the appeal by the Coun- the Kings County Office of Education is called the Kings An appeal may be made when the pupil, parent or guardi- County Board of Education ("County Board"). Administra- an believes that the local school board committed a legal Generally speaking, the appellant (pupil/parent/ tive leadership and direction is provided by an elected offi- mistake/error in making its expulsion decision. Please see guardian) is responsible for the cost of the transcrip- cial, the Kings County Superintendent of Schools ("County the tab entitled "Scope and Limitations of the Hearing" tion. However, if the County Board rules in favor of Superintendent"). for a description of the types of legal mistakes and errors the appellant, the school district shall reimburse the that the County Board may consider in reviewing the case One of the duties and responsibilities of the County Board is appellant for the costs of the transcription. Also note, to hear expulsion appeals from school districts within Kings if the appellant cannot afford the cost of the transcrip- County. These include the Armona Union Elementary It is also critical to understand that the County Board, as tion due to "limited income" or "exceptional necessary School District, Central Union School District, Corcoran part of its appellate role, cannot reconsider and reweigh the expenses," the transcripts shall be provided to the ap- Unified School District, Hanford Elementary School District, facts and evidence that were presented as part of the expul- pellant at no expense to the appellant. (Education Code Hanford Joint Union High School District, Island Union sion hearing before the administrative panel and/or the local Elementary School District, Kings River-Hardwick Union school board. The County Board must accept the facts and School District, Kit Carson Union School District, Lakeside evidence (as contained in the record and transcripts) as pre- What Happens Next? Once the appellant has filed
Union School District, Lemoore Union Elementary School sented, and determine if the local school board made a legal a notice of appeal with the County Board, a hearing District, Lemoore Union High School District, Pioneer Un- mistake/error in making its expulsion decision based upon date will be set. The hearing must be conducted with- ion Elementary School District, Reef-Sunset Unified School those facts/evidence. in 20 school days after a notice of appeal is filed with District, and schools operated by the Kings County Office of As a result, the County Board cannot accept any new facts the County Board. Both the appellant and the local or evidence (with limited exceptions) in making its decision school district shall receive notices not later than 10 calendar days prior to the appeals hearing advising In hearing the appeals, the County Board is committed to on appeal. For the most part, the parties are limited to argu- them of (1) the date, time and place of the hearing, fairness in its deliberations. To achieve fairness, the Board ing the extent, if any, to which the school district administra- (2) the intent of the County Board to hold a hearing wishes to ensure that pupils and parents/guardians are aware tion and/or the local school board made a legal mistake/ in closed session and (3) the opportunity of the pupil of their right to appeal and understand the appeal process. to request that the hearing be held in public session. This brochure is intended to provide you with necessary in- How is a Hearing Request Made: The pupil, parent or
Notwithstanding the open meeting provisions of Cali- formation should you consider appealing an expulsion order guardian may file an appeal by submitting a letter ("notice fornia law, the County Board shall hear an appeal of an by your local school board. While this brochure is very un- of appeal") to the County Board in person or by mail to: expulsion order in closed session unless the appellant derstandable and informative, it is not a substitute for im- files a written request, at least 5 calendar days prior to portant original sources such as the California Education Kings County Office of Education the commencement of the appeals hearing, that the Code (i.e., Education Code sections 48900—48924), your Attn: County Superintendent of Schools
hearing be conducted at a public meeting. local school district's policies, rules and regulations, and 1144 W. Lacey Boulevard During this period prior to the hearing, the County County Board Policy 5119. You are also entitled to receive Hanford, California 93230 Board will also request that the local school district/ and review a copy of the "record" of the expulsion process, The notice of appeal must contain the following infor- board separately provide: including the transcripts of the expulsion hearing, and to 1. A copy of the entire record including any tran- consult with and engage the services of an advocate or an 1. Name, address, and telephone number of the parent or scripts and supporting documentation/evidence. guardian and advocate or legal representative, if any. 2. Copies of the school district's disciplinary policies, Please note, if there is any conflict between this bro-
2. Name of expelled pupil. rules and regulations. chure and the provisions of the California Education
3. Grade attended by pupil. All of this information is sent to the County Board of Code, state or federal case law, or County Board Policy
4. School and district from which expelled. Education members for review prior to the scheduled 5119, the latter provisions shall prevail.
5. A brief statement of the reason(s) why the expulsion hearing of the appeal from expulsion. should be set aside and the pupil re-enrolled. Scope and Limitations of the Hearing: The County
When it is determined that this information could not a. Remand the matter to the local school board and Board is required to base its decision upon the written have been reasonably produced and is deemed signifi- may, in its discretion, order the pupil reinstated record/transcript conducted during the expulsion pro- cant, or was improperly excluded, the County Board has pending reconsideration if it determines that rele- ceeding at the local school district level. Only under spe- two options: (1) the case may be (and generally is) sent vant and material evidence exists which, in the exer- cial circumstances, discussed in item 4. below, may a back to the local school board for reconsideration, or (2) cise of reasonable diligence, could not have been County Board actually consider new evidence. The Coun- the County Board may conduct its own "hearing de no- produced or which was improperly excluded at the ty Board's charge is to determine if the pupil's legal rights vo" (a new hearing) pursuant to the provisions of Edu- hearing before the local school board and/or ad- were violated. It is not the charge of the County Board to cation Code section 48923. ministrative panel, or conduct its own "hearing de agree or disagree with the local school board's decision to What Will Happen at the Hearing? When the agen-
novo" (new hearing) upon reasonable notice to the expel, but to assure that those legal procedures were fol- da item is called, the County Board will convene to appellant and the district for the purpose of consid- lowed and that a fair hearing was conducted. If this is closed session unless the appellant has requested an ering the new evidence and rendering its own deci- kept in mind, better preparation for the appeals hearing open hearing on the matter. The only persons who will be made by focusing on the four questions listed shall remain in the hearing room are the appellant and b. Remand the matter to the local school board if the his/her representatives, district representatives, the County Board determines that the decision of the 1. Did the local school board proceed without or in County Board, the County Superintendent (Secretary local school board is not supported by the findings excess of its jurisdiction by expelling the pupil? to the County Board), legal counsel to the County required by law but evidence supporting the re- Explanation: As used in this context, a proceeding without
Board and any members of the Superintendent's staff quired findings exists in the record of the proceed- or in excess of jurisdiction includes, but is not limited to, a needed to conduct the hearing. If an open meeting was situation where an expulsion hearing is not commenced timely requested by appellant, the public may also at- c. Uphold the local school board's decision. within the time periods prescribed by Education Code sec- tend the hearing. The hearing shall be conducted as tions 48900-48918.6, a situation where an expulsion order is d. Reverse the local school board's decision. not based upon the acts enumerated in Education Code 1. The pupil, parent or guardian or counsel for the In any case in which the County Board enters a decision section 48900-48900.7, or a situation involving acts not re- pupil will be asked to present his/her case to the reversing the local school board, the County Board may lated to school activity or attendance. County Board. Reminder: The County Board must
direct the local school board to expunge the record of 2. Was the pupil afforded a fair hearing before the local accept the facts and evidence presented at the local the pupil and the records of the district of any references school board and/or the administrative panel? school district level. This is not a rehearing of the to the expulsion action and the expulsion shall be Explanation: The essential forms of "due process" must be
original expulsion case. In effect, the County Board deemed not to have occurred. provided to the pupil as part of the disciplinary process. must determine if the local school board violated The County Board's decision is final. We recommend a This would include, without limitation, such things as timely the legal rights of the pupil in reaching its expulsion thorough review of California Education Code sections notification of the charges, an opportunity to respond to the decision. Please see the section on "Scope and Lim- 48900-48925 for a detailed description of the expulsion charges, an opportunity to call witnesses, present evidence, itations of the Hearing" for the discussion of the and appeal processes. and cross-examine adverse witnesses. types of issues the County Board can hear/consider. 3. Was there prejudicial abuse of discretion during the How to Prepare for the Hearing: The appellant's
2. The representative(s) of the school district will be expulsion process? presentation must focus on the four major issues listed asked to present its case to the County Board. Explanation: An abuse of discretion is established if, for
in the "Scope and Limitations of the Hearing." In example, school officials have not met the procedural re- 3. County Board members will then have the oppor- order to do so, it may be helpful to prepare a written quirements of Education Code sections 48900-48918.6, the tunity to ask questions of both the appellant and the statement in advance of the hearing focusing primarily decision of the local school board is not supported by re- school district. on the extent to which the school district violated the quired "findings," or the findings are not supported by the 4. When the presentations/arguments and questioning legal rights of the pupil or otherwise committed a legal evidence introduced at the expulsion hearing before either have been completed, the County Board shall retire mistake/error in making its expulsion decision. the administrative panel or the local school board, as the to closed session to deliberate and decide the case. Some issues that may give rise to reversing the decision If, during its deliberation, the County Board has any of the local school board include: 4. Is there relevant and material evidence which, in the additional questions or seeks input from either par-  Was the expulsion based on those acts listed in Arti- exercise of reasonable diligence, could not have been ty, all parties have the right to be present during the cle 1 commencing with Education Code section produced or which was improperly excluded at the 48900? (See "Actions for Which Students May Be hearing before the administrative panel and/or local 5. Following its deliberation, the County Board shall Suspended or Expelled") convene in open session. The County Board must Explanation: Sometimes evidence is not known or availa-
make its decision within 3 school days. However, in  Was the expulsion order based on act(s) related to ble at the time of a hearing which reasonably could have most cases, the decision is made the same day. The school activity or attendance as provided in Educa- altered the local school board's decision. County Board shall do one of the following: tion Code section 48900? How to Prepare for the Hearing (con't):
Summary of Time Requirements In Expulsion
Actions for which pupils may be suspended
or expelled:
Did the pupil or parent/guardian receive proper Proceedings
notice concerning hearings and did the hearings TIME REQUIREMENTS
1. Caused, attempted to cause, or threatened to cause occur within the timelines specified by law? Determination of Informal due process hearing with pupil. physical injury to another person. [Ed Code 48911(b)] 2. Willfully used force or violence upon the person of Did the school district present "substantial evi- another, except in self-defense. dence" to show that the pupil engaged in some 3. Possessed, sold or otherwise furnished a firearm, knife, form of prohibited misconduct? Maximum of 5 school days for each of- explosive, or other dangerous object, unless, in the case  Did the administrative panel and/or the local fense. [Ed Code 48911] of possession of an object of this type, the pupil had school board make the necessary findings? obtained written permission to possess the item from a certificated school employee, which is concurred in by Was there a complete record of the expulsion hear- Recommendation for Within the 5 school days of initial Suspen- the principal or the designee of the principal. ing including the transcripts? expulsion/extension sion, district must conduct an extension 4. Unlawfully possessed, used, sold, or otherwise fur-  Was an opportunity provided to hear and/or exam- of suspension meeting with parents. [Ed Code 48911(g)] nished, or been under the influence of, a controlled ine all evidence introduced against the pupil? substance listed in Chapter 2 (commencing with Sec-  Was an opportunity provided to present evidence Notice of hearing Written notice provided at least 10 calen- tion 11053) of the Health & Safety Code, an alcoholic on the pupil's behalf? dar days prior to hearing date. [Ed Code beverage, or an intoxicant of any kind. 5. Unlawfully offered, arranged, or negotiated to sell a Right to Have Attorney or Advocate Present: It is
controlled substance listed in Chapter 2 (commencing Pupil request for Written request must be filed at least 5 the right of all concerned parties to be represented by with Section 11053) of the Health & Safety Code, an calendar days before date of hearing. [Ed an attorney or non-attorney advocate/adviser. alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a per-son another liquid, substance, or material and repre- What are the Parental Options/Responsibilities
Pupil postponement Pupil entitled to at least one postpone- sented the liquid, substance, or material as a controlled under the Compulsory Education Law if Expul-
ment of not more than 30 calendar days. substance, alcoholic beverage or intoxicant. sion is Upheld?
[Ed Code 48918 (a)] 6. Committed or attempted to commit robbery or extor- 1. Each pupil between the ages of 6 and 18 years, Expulsion hearing Must be conducted within 30 schooldays not exempted under the provisions of California following determination that pupil has 7. Caused or attempted to cause damage to school prop- law, is subject to compulsory full-time education. committed an expellable offense. [Ed erty or private property. (Education Code section 48200.) 8. Stolen or attempted to steal school property or private 2. Contact the local school district and obtain a copy of its procedures to review and readmit an expelled Within 3 schooldays after hearing the 9. Possessed or used tobacco, or products containing administrative panel case, the administrative panel shall submit pupil at a future date. tobacco or nicotine products, including but not limited an expulsion recommendation to the local 3. Check with the local school district to determine to, cigarettes, cigars, miniature cigars, clove cigarettes, school board. [Ed Code 48918 (e)] referral to a community day school during the peri- smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or posses- od of the expulsion. Decision of local Within 10 school days after the conclu- sion of the hearing or within 40 school sion by a pupil of his or her own prescription products. 4. If the pupil moves to or otherwise seeks enrollment days (from the date of removal from 10. Committed an obscene act or engage in habitual pro- in another school district, California law requires school) if the hearing is conducted by an fanity or vulgarity. that the "new" school district be notified of the administrative panel. [Ed Code 48918 (a)] 11. Unlawfully possessed or unlawfully offered, arranged, expulsion or any pending expulsion. Within 30 calendar days following the or negotiated to sell drug paraphernalia, as defined in 5. A pupil may apply for admission to a private decision of local school board to expel. Section 11014.5 of the Health & Safety Code. 12. Disrupted school activities or otherwise defied the valid authority of supervisors, teachers, administrators, Appellate hearing Within 20 school days following the filing school officials, or other school personnel engaged in of a written notice of appeal. [Ed Code the performance of their duties. 13. Knowingly received stolen school property or private Within 3 school days of the appeals hearing. [Ed Code 48919] Actions for which pupils may be suspended
Actions for which pupils may be suspended
or expelled (con't):
or expelled (con't):
14. Possessed an imitation firearm. As used in this 22. A pupil in grades 4 to 12, inclusive, may be suspend- section, "imitation firearm" means a replica of a ed from school or recommended for expulsion if the firearm that is so substantially similar in physical superintendent or the principal of the school deter- properties to an existing firearm as to lead a rea- mines that the pupil has caused, attempted to cause, sonable person to conclude that the replica is a threatened to cause, or participated in an act of hate violence as defined in Education Code section 233 15. Committed or attempted to commit a sexual as- (e). (Ed Code section 48900.3) sault as defined in sections 261, 266c, 286, 288, 23. A pupil in grades 4 to 12, inclusive, may be suspend- 288a, or 289 of the Penal Code or committed a ed from school or recommended for expulsion if the sexual battery as defined in section 243.4 of the superintendent or the principal of the school deter- mines that the pupil has intentionally engaged in 16. Harassed, threatened, or intimidated a pupil who harassment, threats, or intimidation, directed against is a complaining witness or a witness in a school school district personnel or pupils, that is sufficiently disciplinary proceeding for the purpose of either severe or pervasive to have the actual or reasonably preventing that pupil from being a witness or re- expected effect of materially disrupting classwork, taliating against a pupil for being a witness, or creating substantial disorder, and invading the right of either school personnel or pupils by creating an 17. Unlawfully offered, arranged to sell, negotiated to intimidating or hostile school environment. (Ed sell, or sold the prescription Soma. Code section 48900.4) 18. Engaged in, or attempted to engage in, hazing as 24. A pupil may be suspended from school or recom- defined in Education Code section 48900(q). mended for expulsion if the superintendent or the Hazing does not include athletic events or school principal of the school determines that the pupil has sanctioned events. made terroristic threats against school officials or school property or both as defined in Education 19. Engaged in an act of bullying, including but not Code section 48900.7. limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Education Code section 32261, directed specifi- cally toward a pupil or school personnel. 20. 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 This Handbook was prepared for
be subject to suspension but not expulsion; except and adopted by the
that a pupil who has been adjudged by a juvenile court to have committed, as an aider or abettor, a KINGS COUNTY BOARD OF EDUCATION
crime of physical violence in which the victim suffered great bodily injury or serious bodily injury Board Member
Trustee Area Term Ex-
shall be subject to possible expulsion. 21. A pupil may be suspended from school or recom- mended for expulsion if the superintendent or principal of the school in which the pupil is en- rolled determines that the pupil has committed sexual harassment as defined in Education Code William Gundacker section 212.5. (Ed Code section 48900.2) Tim Bowers, Superintendent Ex-Officio Secretary

Source: http://kcoe.tv/AppealsLibrary/ExpulsionAppealsHandbook.pdf

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