What Happens After A School Expels a Student? Can They Still Attend Some School?

No one likes to think about school expulsions or their child getting kicked out of school.  But what if the very worst happens?  What if an expulsion from the school district actually issues?

A child who is expelled, unless an exception is made in the expulsion decision and/or agreement, may not attend any school within the district from which they were expelled.  But, they still are entitled to an education.  Per California Education Code section 48915(d), a student who is expelled shall be referred to a program of study which meets the following conditions:

(1)  Is appropriately prepared to accommodate pupils 
who exhibit discipline problems.

(2)  Is not provided at a comprehensive middle, junior, or senior 
high school, or at any elementary school.

(3)  Is not housed at the schoolsite attended by the pupil
 at the time of suspension.

What this translates to in the real world post-expulsion, is usually a move to a continuation school.  If the school district has their own continuation school set up, the student is shuffled there.  If the district does not, the students are usually referred to the county continuation school.  These are not the places most parents usually want their child to attend, but they do work for some students in the right circumstances.  The reason they may be perceived as unsavory is, ironically, the fact that all the expelled (aka "bad") students attend these schools. Most parents do not envision their children as one of "those kids" even after they are expelled.

One good thing- usually the attendance at the assigned school is not mandatory (verify with your district), so a parent may attempt to enroll their child in another district, a charter school, a private school, or an on-line school.  Often an on-line school may be the only option, but the others may be worth a shot as well.  When applying, a parent must tell the new school they are trying to enter of the expulsion.  However, they can still attempt to persuade the school to admit the student.  A letter of their own and/or authored by their legal counsel explaining the situation, how it was flawed, etc. may be helpful.

Rather than take a shot at the expulsion hearing, and risk such a placement, it is strongly recommended that parents involve an attorney specialized in education law prior to the expulsion hearing so a more positive outcome may be sought. Expulsions are a big deal- don't chance it.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

What is a Charter School?

Last night (2/2/11), the Sacramento County Board of Education approved an application for 5 new charter schools in the Sacramento area.  This will create more choices for our youth to attend school outside the traditional setting.  But, what is a CHARTER school?  Parents want to know.

Charter schools are authorized in the California Education Code starting with section 47600 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=47001-48000&file=47600-47604.5 under the "Charter Schools Act of 1992" which states:

The purpose outlined by the legislature for such schools is to

"[P]rovide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure as a method to accomplish all of the following:
(a)  Improve pupil learning.
(b)  Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving.
(c)  Encourage the use of different and innovative teaching methods.
(d)  Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the schoolsite.
(e)  Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system.
(f)  Hold the [charter] schools established...accountable for meeting measurable pupil outcomes, and provide the schools with a method to change from rule-based to performance-based accountability systems.
(g)  Provide vigorous competition within the public school system to stimulate continual improvements in all public schools." [California Education Code section 47600]

These are great goals.  Charter schools ARE basically public schools set up outside the traditional system to give kids a choice in education.  Any child can apply to attend a charter school, even if it is located outside their district.  They are free to attend.

What charter schools do is give the public schools competition in education.  They also can focus on specific curriculum, such as the performing arts (drama, art, photography, etc.), the sciences, and other areas of interest.

In the article in the Sacramento Bee today, written by Diana Lambert and Melody Gutierrez- http://www.sacbee.com/2011/02/03/3373521/charter.html there are some interesting comments from school officials regarding the charter schools which were approved.  For example, a Natomas Unified trustee complained that if the charter application was approved, the troubled Natomas District may not be able to balance their budget and a state takeover could be inevitable.

While I understand the public schools have woes, they are not responsible for mismanaged funds of public school districts.  Rather, the purpose of charters is to provide varied opportunities for students to learn.  As the public schools are failing and are also "one size fits all," a little diversity in opportunity is sorely needed.

Additionally, the public schools are finally getting some competition other than just private schools which many parents cannot afford.  Attendance at a charter school is free, as charters are supported by public funds.  Let the public schools improve THEIR curriculum, test scores, and service, and the charters will prove no threat to them at all.


Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.