If a child has been expelled from school, and parents believe that due process has not been followed by the district, they may request an appeal hearing within thirty (30) calendar days after the district’s Governing Board has voted to expel their child. The County Board is required to base its appeal consideration upon the written record of the hearing conducted in the student’s district. The role of the County Board is to determine if the student’s due process rights were violated, which in turn resulted in the child receiving an unfair hearing.

Scope of Review

The review by the County Board of Education of the decision of the district governing board shall be limited to:

  1. Whether the district governing board acted without or in excess of its jurisdiction;
  2. Whether there was a fair hearing before the district governing board;
  3. Whether there was prejudicial abuse of discretion in the hearing before the district governing board;
  4. Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the district governing board.

The decision of the County Board shall be final and binding upon the pupil and parent or guardian of the pupil, and upon the governing board of the school district.

Time Limits

Appeals must be filed with the County Board of Education within 30 calendar days of the district board's decision to expel the student. The County Board of Education will hear the appeal within 20 school days following the filing of the request for an appeal, unless a continuance is granted.

Carlos Salcido

Coordinator, District Improvement and Support

Email: csalcido@smcoe.org

Phone: (650) 802-5354

Christian Morales-Aponte

Administrative Assistant, Bilingual

Email: cmaponte@smcoe.org

Phone: (650) 802-5307