Paso Robles, CA asked in Education Law and Civil Rights for California

Q: Can i be banned from school property w/o appealing my ban which was 1 year

It was after filing a complaint on a vice principal

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: Yes, it is possible to be banned from school property without appealing the ban, especially if the school district determines there was a violation of rules or behavior policies. Schools have the authority to restrict access to their property for safety and order reasons. The length of the ban can depend on the severity of the issue, including whether you filed a complaint or not.

However, you should have been notified of the ban and given details about the reason for it. You also have rights, and there should be a process available for you to appeal the decision, even if you haven't done so yet. If you were not informed about an appeal process, you may want to reach out to the school or district to ask about it.

Filing a complaint against a school official, like a vice principal, should not be a reason for retaliation. If you believe the ban is connected to your complaint, you may want to explore legal options to ensure your rights are protected.

A: In California, a school district cannot ban a parent beyond 14 days under penal code 626.4. A school also needs to give a parent a right to contest. Arguably, anything beyond 14 days should be preceded by a lawful restraining order.

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