Suspension or Expulsion
Cal. EDC § 48919
California Statutes
If a pupil is expelled from school, the pupil or the pupil’s parent or guardian may, within days following the decision of the governing board to expel, file an appeal to the county board of education which shall hold a hearing thereon and render its decision. The county board of education, or in a class or class county a hearing officer or impartial administrative panel, shall hold the hearing within schooldays following the filing of a formal request under this section. If the county board of education hears the appeal without a hearing conducted pursuant to
Section 48919.5, then the board shall render a decision within three schooldays of the hearing conducted pursuant to
Section 48920, unless the pupil requests a postponement. The period within which an appeal is to be filed shall be determined from the date a governing board votes to expel even if enforcement of the expulsion action is suspended and the pupil is placed on probation pursuant to
Section 48917. A pupil who fails to appeal the original action of the board within the prescribed time may not subsequently appeal a decision of the board to revoke probation and impose the original order of expulsion. The county board of education shall adopt rules and regulations establishing procedures for expulsion appeals conducted under this section. If the county board of education in a class or class county elects to use the procedures in
Section 48919.5, then the board shall adopt rules and regulations establishing procedures for expulsion appeals conducted under
Section 48919.5. The adopted rules and regulations shall include, but need not be limited to, the requirements for filing a notice of appeal, the setting of a hearing date, the furnishing of notice to the pupil and the governing board regarding the appeal, the furnishing of a copy of the expulsion hearing record to the county board of education, procedures for the conduct of the hearing, and the preservation of the record of the appeal.
The pupil shall submit a written request for a copy of the written transcripts and supporting documents from the school district simultaneously with the filing of the notice of appeal with the county board of education. The school district shall provide the pupil with the transcriptions, supporting documents, and records within schooldays following the pupil’s written request. Upon receipt of the records, the pupil shall immediately file suitable copies of these records with the county board of education.