Q: California-Is there a minimum time I need to notify the school district before the expulsion hearing to contest it?
In California, my child's school wants to expel him and has set up a hearing. The school is saying we need to give them five business days prior to the hearing that we need to inform them we will be there and contesting the finding. This information is not in the expulsion packet or the Notice the Superintendent sent us. Is this true? It appears is goes against ed code 48918
A:
Although that is not a requirement of the Education Code, Districts sometimes may clarify their own local requirements. It is often best just to notify them, if possible, if that is their local policy. However, theoretically there could be an argument on appeal based on the Education Code containing nothing about that 5 day requirement.
The risk of not notifying them or having them protest if a notification is not made, plus the hassle should you have to file an appeal, bode toward following the local policies if possible. Appeals are never certain.
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A:
In California, under Education Code 48918, parents or guardians are not required to provide five business days' notice to the school district that they will be attending or contesting an expulsion hearing. The law ensures that you have the right to a fair hearing, including adequate notice of the hearing itself, but it does not impose a requirement to notify the district that you plan to contest.
If the school district is imposing this requirement without it being part of the official expulsion notice or packet, you should raise the issue with the school or district immediately. You may want to remind them that the education code does not require this, and you have the right to challenge the expulsion without additional notification beyond what’s outlined in the law.
Make sure you review all the documents provided, including the official notice of the hearing, and consult Education Code 48918 directly. If needed, seek further clarification from the district in writing to avoid any confusion at the hearing.
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