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I have a son who is 16 in 11th grade High School in Southern…

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I have a son...

I have a son who is 16 in 11th grade High School in Southern California. He has been suspended from his school for violation of Ed. Code 48900 (c) as well as waiting on hearing with the School board for expulsion. He has also been ticketed for a court appearance in juvenile court in April. We have also been given a "Waiver of My Right to a Hearing for Expulsion." We were made to understand that signing this would mean admitting that the charges are true but that my son would not contest the recommendation for expulsion. This would also mean that there would be no expulsion on his State record. My question as the parent is in the light of all this that we don't sign the waiver but tell the school there is need be no expulsion because we are taking out of the school and enrolling him in an alternative school.

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

This is not a traffic violation. This is an educational code violation at a high school leading to expulsion and a hearing in juvenile court in Southern California

Lawyer's Assistant: Has anything been filed or reported?

The school has currently suspended my son on the grounds that he has violated the educational code 48900 c and sent letters through certified mail to inform of us that. It is currently on the school records I think as a suspension. They have set a hearing the school board to expell on the 20th of March. A Deputy sheriff gave my son and me a non traffic ticket to appear in juvenile court on April 27th.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If we can avoid the expulsion hearing with out signing the waiver by just leaving the school and enrolling him elsewhere - or if we don't sign that waiver the hearing will take place regardless if we leave the school or not

Submitted: 4 months ago.Category: Legal
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3/13/2018
Lawyer: Olivia Kent, Attorney replied 4 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,072
Experience: Partner at Kent Law Group, LLC
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The way I understand it is that by signing a "Waiver of My Right to a Hearing for Expulsion" you are AGREEING that there are grounds for an expulsion...

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Lawyer: Olivia Kent, Attorney replied 4 months ago

There is no basis for the suspension notation being removed from his record....It will appear.

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Customer reply replied 4 months ago
is it to my son's benefit to sign the Waiver of His Right to a Hearing or ignore it and just go to another school Our main concern is getting the Expulsion on his record. Also in trying to get him into another school we have to disclose the suspension and reason for?
Lawyer: Olivia Kent, Attorney replied 4 months ago

We can't give you legal advice - so I can't tell you if it would be to his benefit. You would need to decide that. However, I can tell you that if you sign it then you're not contesting the expulsion which in all likelihood means he will get an expulsion. Ignoring it and not signing it would have the same consequence. Both will result in the expulsion on his record IF his actions were explusion-worthy. The only way to POTENTIALLY not have an expulsion on his record IS to contest it - not ignore it.

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Customer reply replied 4 months ago
When we were called in to the vice prinicpal's office she said that this waiver means my son is admitting guilt and is voluntarily leaving the school so that the school does not have to rule expulsion and therefor there would be no expulsion on his state record. So this can only happen if the waiver is signed -otherwise whether he is present or not for the hearing an expulsion will occur and go on the record? He is quilty of the violation and has had a previous violation at the same school.
Customer reply replied 4 months ago
going to the hearing would not be beneficial to him unless the school has a glitch in the legal process of dealing with this violation.
Lawyer: Olivia Kent, Attorney replied 4 months ago

You will want to get that in writing if that's the case because that is NOT what such a waiver means. The very title that you described says something completely different.

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Lawyer: Olivia Kent, Attorney replied 4 months ago

I'm not sure if I'm not explaining it clearly... that waiver states that it is a waiver (giving up) his right to a hearing. It doesn't mean he won't be expelled. It means you won't challenge the expulsion - so if the school deems it an appropriate punishment that's the punishment they will hand down and you will have waived your right to challenge it. Does that make sense?

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Lawyer: Olivia Kent, Attorney replied 4 months ago

I doubt the school has glitches in their legal process.

Generally the reason why parents challenge these things is b/c they don't feel that expulsion is an appropriate punishment.

I really can't tell you whether going to the hearing would or would not be beneficial b/c that's a personal decision you'd need to make - but I can tell you if you don't attend then they will make whatever decision they want without the benefit of your input.

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Customer reply replied 4 months ago
Please find pdf of waiver and letter from Unified School District Office
Lawyer: Olivia Kent, Attorney replied 4 months ago

Yes, it's exactly the type of letter I thought it was based on the attachment you've now included. Is there anything else I can answer for you?

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Customer reply replied 4 months ago
you’re saying that it looks like either way he gets expelled? Unless I can make a difference in the hearing.
Lawyer: Olivia Kent, Attorney replied 4 months ago

I'm saying that unless you attend the hearing they will decide without you whether he should be expelled. I can't tell you that they will definitively expel him but I can tell you that you lose your right to provide them with information at this hearing if you choose not to attend it or sign the form stating that you're waiving your right to attend this hearing where expulsion will be decided. Does that make sense?

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Customer reply replied 4 months ago
Okay so I’ll have to try and get a statement in writing. Because the vice principal said most assuredly it was in our favor to sign the wavier. I would think if we agreed to violation and left the school - how they expel a student who left. There is nothing to expel! He is gone??
Lawyer: Olivia Kent, Attorney replied 4 months ago

Technically if you left before the hearing, the hearing would be moot. It doesn't guarantee that they wouldn't issue a decision anyway but it is somewhat less likely. Please let me know if that answers your questions.

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Customer reply replied 4 months ago
I hoped for more concrete answer but what can I say? It begs the question what really is the objective of our educational system? Is it all about crime and punishment or do we really care about the teens that have so much potential and are marked as “”get rid of them.”
Lawyer: Olivia Kent, Attorney replied 4 months ago

The most concrete answer I can give you is that if they're holding a hearing to expel then presumably they want to expel. You get an opportunity to contest that if you choose. Signing a waiver means you're choosing not to contest whatever decision they choose to make. I can't definitively say they will expel because that would require a crystal ball. I hope that clarifies. I wish I could give you good news" about the situation, I really do. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Customer reply replied 4 months ago
Okay thank you
Lawyer: Olivia Kent, Attorney replied 4 months ago

Happy to help! I really hope it works out.

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