Section 48919 Of Article 1. Suspension Or Expulsion From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 6. >> Article 1.
48919
. If a pupil is expelled from school, the pupil or the pupil's
parent or guardian may, within 30 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 1 or class 2 county a
hearing officer or impartial administrative panel, shall hold the
hearing within 20 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 1 or class 2
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 10 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.