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Juvenile Law > Education Law

Education Law

Suspension or Expulsion

If your child has been suspended or threatened with expulsion from school, or you are faced with truancy charges for non-attendance, it is important to seek advice from an experienced education law attorney. School boards and school districts must comply with certain procedural rules when making the decision to expel a student, and without representation from a knowledgeable education law attorney, you and your child may find yourselves forced to accept an unacceptable outcome when other options may be available.

With offices in Walnut Creek, California, The Law Offices of Johnson & Johnson, provides legal representation in school expulsion and suspension proceedings as part of our education law practice.

Your child's education and school record are invaluable and should be protected with every resource available. Our attorneys have significant experience representing students at expulsion and due process hearings — using the procedural rules to make sure your child's rights under education law are protected.

Some of the techniques employed by our lawyers on behalf of students in trouble for transgressions such as truancy, fighting or sexual harassment include:

Informal negotiation: In some cases, the student's case may be resolved short of expulsion or suspension via informal negotiation. The issues identified by the school may often be resolved short of a formal expulsion, and the trouble may be kept off the student's educational transcript.

Examination of the student's need for special education: Sometimes, students get in trouble at school due to an unidentified need for special education, or an individualized education plan (IEP). In such cases, our lawyers work with the school district and special education experts to make sure such a plan is put into place — and complied with.

Failure to comply: The school's failure to comply with the IEP can be a defense to the school taking action against your child.

Representation at expulsion hearings: We make sure the school honors the student's right to a formal expulsion hearing, using the Constitutional right to due process. At such a hearing, mitigating factors may be brought to light that your advocate will use to argue for more reasonable consequences.

If you have questions about any matter related to education law, and especially if your child is facing suspension or expulsion from school, we encourage you to contact our office for a free and confidential initial consultation at (925) 952-8900.

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