lawprofessors

By Michelle Ball, California Education Attorney for Students since 1995 As school expulsions are occurring at such an alarming rate to our children, it is important for parents to know what NOT to do when embroiled in an expulsion hearing.   Here is what you should NOT do at a school expulsion hearing: 1)   Do not allow your child to testify.    Make the district prove their case, and don't do it for them.  One  exception could arise if your child has already fully confessed to having "done it" in writing. 2)   Do not forget to object to evidence.  If the school district attempts to admit evidence which should not be allowed into the hearing record (e.g. evidence from another student), object and ask for it to be removed. 3)  Do not get emotional at the hearing if you are the one making the arguments.  If you do not bring an attorney with you and are the one making the arguments to the expulsion panel or board,  you should no...

By Michelle Ball, California Education Attorney for Students since 1995 Parents often need all the help they can get in handling school expulsion hearings. One of my favorite cases to attack expulsion hearings for an utter lack of proper evidence is John A. v. San Bernardino City Unified School District , decided in 1982 by the California Supreme Court. In this beautiful case, the California Supreme Court evaluated an expulsion of "John A." for allegedly being involved in a large altercation not witnessed by anyone but students.  At John A's expulsion hearing, no direct witnesses (e.g. students who actually saw or were involved in the fight) testified, other than John A.  Rather, the district's case revolved around reading a summary from the school into the record and written witness statements.  When John A. spoke, he explained that he did not strike nor kick the boys involved.  Rather, he said the boys were "play boxing."  He denied any racial connection, ...