ALAMEDA COUNTY OFFICE OF EDUCATION. REQUEST FOR APPEAL (Pupil Expulsion)

Transcription

1 ALAMEDA COUNTY OFFICE OF EDUCATION TO: Alameda County Board of Education c/o Superintendent's Office ATTN: Board Secretary 313 W. Winton Ave., Rm. 150 Hayward, CA REQUEST FOR APPEAL (Pupil Expulsion) (Please print or type all material except signature) In accordance with Education Code Section and Alameda County Office of Education Bylaws, we hereby request a hearing for the purpose of an Expulsion Appeal. (NOTE: This Notice -of Appeal shall be received by the Secretary for the Alameda County Board of Education within 30 calendar days following the date of expulsion.) Name of Pupil Birth date Street Address City Zip Code Grade 5. School District School Name of Parents Home Phone Work Phone Street Address City Zip Code OR Guardian Home Phone Work Phone Street Address City Zip Code 10. Attorney/Counsel Phone 11. Street Address City Zip Code 12. Appellanfs (pupil/parent/guardian) understanding of reason(s) given by the local board for expulsion (attach copy of notice of expulsion, if possible).

2 Request for Appeal - Page 2 An appeal before the County Board is not a rehearing, but rather a procedural review of the transcript of the hearing before the district board of hearing panel to determine if all concerned have received a fair hearing. An expulsion may be appealed only on one or more of the grounds listed in Section 13. (NOTE: You may wish to review, for helpful explanations, the section on "Scope and Limitations of the Hearing" from the Expulsion Appeal Handbook.) 13. Why should the expulsion be overturned? (Attach documentation, if any.) A. Explain how the governing board acted without or in excess of its jurisdiction. (Was the district within its rights to conduct the hearing at all? For example, were all the timelines set forth in the Education Code and school district policy complied with, or was an expellable offense committed?) B. Explain how the hearing before the governing board was not fair. (For example, was the hearing conducted fairly, allowing for evidence on both sides to be presented?) C. Explain if there was a prejudicial abuse of discretion in the hearing as such abuse is described in Education Code 48922(c). (For example, did the hearing body act reasonably in conducting the hearing and in reaching a decision, or does the evidence support the conclusion reached?) D. Explain if there is new relevant evidence which could not have been produced at the time of the hearing or if there was relevant evidence which was improperly excluded at the hearing. (For example, how was it improperly excluded, why couldn't it be provided, what is the nature of the new evidence?)

3 Request for Appeal - Page Expulsion hearings are closed to the public unless you request a session open to the public. I am requesting an open (public) session 15. a. I hereby certify that I have requested that the district superintendent prepare a transcript of this expulsion hearing on---;=, Verification can be made by contacting, Date at (or attach copy of a written request) b. I hereby certify that this information is true and correct to the best of my knowledge. Signature of Parent/Guardian or Adult Pupil Filing Appeal Date

4 REQUEST FOR TRANSCRIPT AND SUPPORTING DOCUMENTS FROM DISTRICT (This letter must be received by the district superintendent on or before filing the Request for Appeal) Date Dear, Superintendent This is to inform you that I am filing a "Request for Appeal" on the expulsion of my daughter/son, -, with the Alameda County Board of Education. Education Code requires that I request from you a transcript of the expulsion hearing and supporting documents certified by you or by the Clerk of the Board to be a true and complete copy. I understand that these documents will be prepared within ten (10) schooldays of this request and the filing of the Request for Appeal with the Alameda County Board of Education, provided my request is within 30 days of the school board's decision to expel. Alameda County Board of education policy requires that either your office will send a copy of the transcript and supporting documents directly to the Alameda County Board of Education, upon our mutual consent, or that I take responsibility for the delivery of the transcript and documents within one (1) day of completion by your office. I am requesting that: o You send a copy of the documents directly to the Alameda County Board of Education and a copy to me at the following address: OR o I be informed immediately when these documents are ready. I will arrange for their pick up at your office, duplication of a second copy, and receipt at the Alameda County Board of Education office within one (1) working day of their availability from your office. You may contact me regarding this request at----=-:--:--...,..,.-., Telephone Number Sincerely, Signature Print Name 5/2004

5 Request for Appeal Attachment Calvin 13B: Calvin s expulsion hearing was not fair because the Fremont Unified School District failed to provide Calvin with a list of witnesses that would be testifying at his hearing. Counsel for Calvin requested a list prior to the hearing, but never received a response. Under the California Education Code, students facing expulsion have the right to confront and question all witnesses who testify at the hearing. Cal. Educ. Code 48918(b)(5). Calvin s right to confront his witnesses was fundamentally impaired by the District s failure to provide him with a list of the witnesses who would testify against him. Additionally, Calvin s hearing was not fair because Fremont Unified School District s discipline policy does not accurately reflect the law. The District s discipline policy, as stated in its Parent/Student Handbook, requires principals to recommend a student for expulsion for causing physical injury to another person and for possessing a dangerous object two acts which the District alleged in Calvin s case. See FUSD Parent Student Handbook, p. 10. The only caveat the Handbook lists is unless the Principal finds that expulsion is inappropriate due to a particular circumstance. Id. Under the Education Code, however, principals are not required to recommend expulsion for those acts if the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct. Cal. Educ. Code 48915(a)(1) (emphasis added). Fremont Unified s discipline policy says nothing about alternative means of correction and thereby unlawfully limits the discretion that principals have under the law to not recommend expulsion for certain acts. 13C: The governing board abused its discretion by voting to expel Calvin despite certain procedural requirements of the California Education Code not being met. Under the Education Code, witness statements in lieu of testimony can only enter a hearing if they are both sworn and the panel determines that testifying would present the witness with an unreasonable risk of harm. Cal. Educ. Code 48918(f). Seven student witness statements were included in Calvin s expulsion packet and were given to the hearing panel for their consideration and review. Those statements against Calvin all came in without the requisite determination that testifying would subject the witness to an unreasonable risk of psychological or physical harm. Id. This abuse of discretion prejudiced Calvin by allowing students to freely give accounts of the alleged events without being subject to cross-examination by Calvin or his advocate.

6 Additionally, the school presented several new student statements on the morning of the hearing. The hearing panel members were instructed to determine whether or not a risk of harm to the students existed; they decided it did not and that the statements therefore could not be admitted. The panel members, however, read and reviewed the statements in full before making that determination. This violated the Education Code. Like the statements initially included in the expulsion packet, the new statements should not have been presented absent a determination that the disclosure of either the identity of a witness or the testimony of that witness at the hearing, or both, would subject the witness to an unreasonable risk of psychological or physical harm. Cal. Educ. Code 48918(f). This abuse of discretion prejudiced Calvin by inserting student accounts into the hearing without giving Calvin the proper opportunity to test the students stories. Furthermore, the school suspended Calvin without holding a pre-suspension conference. Though the Education Code allows for that conference to be delayed as a result of a student s incarceration, [t]he conference shall then be held as soon as the pupil is physically able to return to school for the conference. Cal. Educ. Code 48911(c). The school s failure to conduct the pre-suspension conference prejudiced Calvin by denying him the opportunity to fully understand the allegations against him and also the opportunity to tell his side of the story.

7 Board Decision/Rehab Plan/Appeal Process sent by Regular & Certified Mail: December 12,2013 FREMONT UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION Lara Calvert-York Desrie Campbell Ann Crosbie Lily Mei Larry Sweeney Ms. Esther Leah 4262 Central Avenue #417 Fremont, CA RE: Calvin IV (DOB 8/20/97), Student ID # th Grade Washington High School Dear Ms. At the Board of Education meeting held on Wednesday, December 11, 2013, the Board voted to expel your nephew, Calvin IV, from the Fremont Unified School District for violation of California Education Code 48900, paragraphs (a)(1) & (a)(2) and 48915, paragraph (b)(2) for the remainder of the 2013/2014 school year with the Rehabilitation Plan described below. The Board further voted to suspend the expulsion with a change of placement to Robertson High School. Rehabilitation Plan for Calvin IV: James Morris, Ed.D. Superintendent (510) Robert Lee Assistant Superintendent, Human Resources (510) Deborah Sims, Ed.D. Assistant Superintendent, Instruction (510) Raul Parungao Assistant Superintendent, Business (510) Technology Drive P.0Box5008 Fremont, California (51 0) frcmont.k 12.ca.us 1. Calvin must earn and/or improve his GP A to a minimum C average or better and earn passing grades during the remainder of the 2013/14 school year. 2. Calvin must attend Summer School 2014 if necessary for credit recovery. 3. Calvin must comply with all rules and regulations and not violate California Education Code Calvin must have 98% attendance, with no more than three (3) tardies in a semester with no cuts/truants. 5. Calvin must participate in 20 hours of Individual/Family Counseling with an emphasis on Anger Management and Good Decision Making at no cost to District. Calvin and his parent/guardian will need to bring proof of completion to the Readmission Hearing. 6. Calvin must participate in 40 hours of Community Service. Calvin and his parent/guardian will need to bring proof of completion to the Readmission Hearing. 7. Calvin must write a one (I) page essay describing what he has learned from this experience and what he would do differently in the future; specifically, his experiences during this discipline process. The student and his parent/guardian will need to bring the essay to the Readmission Hearing. 8. Calvin is prohibited from wearing "colors", artifacts, or displaying 9. Calvin is prohibited from associating on campus with students who display gang colors or may be affiliated with gangs. Page 1 of2

8 10. Calvin is prohibited from harassing "perceived" rival gang members 11. Calvin is to be under the supervision of his parent/guardian during the term of the expulsion. 12. Calvin is not to be on or near any Fremont Unified School District public school campus or TAK stadium from 7:00 a.m. - 4:00 p.m. or on or near any school campus before, during, or after any school activity (athletic events, dances, graduation, etc.) except for the assigned site, Robertson High School. 13. It is highly recommended that Calvin continue attending the Summer & After-School Youth Employment & Education Program through the Eden Youth & Family Center. 14. It is highly recommended that Calvin's parent/guardian participate in the Parent Project, a parenting program through the City of Fremont. Pursuant to Education Code, you and your student are required to attend a Readmission Meeting at the end of your student's expulsion term, which ends on 6112/2014. At that meeting, you will be required to provide proof that all conditions of Calvin's Rehabilitation Plan have been fulfilled. Please contact Student Support Services at the end of the expulsion term to schedule this meeting. If you and your student do not attend a Readmission Meeting and/or your student has not met the conditions of the Rehabilitation Plan, your student will not be readmitted, and your student will continue under the terms of the Expulsion Order. If you elect to place your student in another school district, it is your obligation to inform that district of the expulsion order. (Education Code (b)) Enclosed for your information is a copy of Education Code Section 48919, Appeal of Expulsion. Upon receipt of this letter, please enroll your nephew at Robertson High School. The address is: 4455 Seneca Park Avenue, Fremont, CA If you need further assistance or clarification, please call (51 0) Respe Rickey Jones, Ed.D. Director of Student Support Services RJ/jr pc Bob Moran, Principal, Washington High School Sal Herrera, Principal, Robertson High School Attachments Page 2 of2

9 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 , 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 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 , then the board shall adopt rules and regulations establishing procedures for expulsion appeals conducted under Section 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.

10 FREMONT UNIFIED SCHOOL DISTRICT Office of Student Support Services LOCAL COUNSELING PROVIDERS Please be advised that counseling sessions must be provided by a licensed professional (i.e. social worker, psychologist, psychiatrist, etc.) and written verification must be submitted to the Director of Student Support Services from the Counseling Agency verifying completion of this service on the agency s letterhead stating the dates and number of hours that the student participated in counseling, as well as the type of counseling provided (i.e. anger management, family, gang, grief, individual, substance abuse, etc.), along with the counselor s name and contact information. Alcoholics Anonymous Telegraph Ave., Ste. 100, Oakland Community Counseling & Education Center Beacon Ave., Fremont Family Services of the Tri-Cities Liberty Street, Ste. B10, Fremont H.E.L.P. Adolescent & Adult Recovery Liberty St., Ste. D450, Fremont Kaiser-Permanente, Fremont Paseo Padre Pkwy., Fremont Passageways Counseling Center Paseo Padre Pkwy., Ste A-9, Fremont R.E.A.L. Choices vernell@realchoices.us Second Chance, Inc Thornton Ave., Newark 4673 Thornton Ave., Suite P, Fremont 107 Jackson St., Hayward Youth and Family Services Liberty Street, Ste. E500, Fremont Please note that organizations listed on this page are in no way to be construed as an endorsement of said organizations and is provided as a resource for parents/ guardians.

11 FREMONT UNIFIED SCHOOL DISTRICT Office of Student Support Services LOCAL COMMUNITY SERVICE AGENCIES Please be advised that written verification must be submitted to the Director of Student Support Services from the Community Service Agency verifying completion of this service on the agency s letterhead. This verification will need to include the following information: dates, times, hours and type of community service provided by your student, along with the supervisor s name and contact information Community Service cannot be provided on any Fremont Unified School District campus while the student is under expulsion as this would be considered a direct violation of the expulsion order. Adobe Services (510) , ext. 11 Contact: Mary T. Little, Volunteer Program Manager mlittle@adobeservices.org Alameda County Comm. Food Bank 7900 Edgewater Drive Oakland, CA (510) Ext. 308 Contact: Volunteer Manager volunteer@accfb.org American Red Cross Northern California Region 6230 Claremont Ave. Oakland, CA (510) Contact: Volunteer Services Coord. Ardenwood Historic Farm Ardenwood Blvd. Fremont, CA (888) , Option 3, Ext Contact: Volunteer Coordinator Centerville Free Dining Room 4360 Central Ave. Fremont, CA (510) East Bay Regional Park District (510) Contact: Volunteer Coordinator Furry Friends Rescue Send to: volunteer@furryfriendsrescue.org (510) Tri-Cities League of Volunteers Ruschin Dr. Newark, CA (510) Contact: Joanne Paletta, Program Director Tri City Health Center Liberty Street Fremont, CA (510) Contact: Doreene Ames, HR Coordinator Tri-City Volunteers 4300 Peralta Blvd.. Fremont, CA (510) Contact: Roni or Bryan City of Fremont Please note that organizations listed on this page are in no way to be construed as an endorsement of said organizations and is being provided as a resource for parents/ guardians.

12 Carlton Plaza of Fremont 3800 Walnut Avenue Fremont, CA (510) Contact: Claudia E. Sotelo, Personal Expressions Director Need the Needs P.O. Box 8396 Fremont, CA (510) Contact: Esperanza F., Director District 14 Little League Baseball 10 Leighty Court Hayward, CA (510) Contact: Terri Christensen, Asst. Contact: District Administrator Fremont CYO Basketball San Francisco/East Bay, CA Chapter 5009 Northampton Court Newark, CA (510) Contact: Alice Reiley, Chapter Coordinator Fremont National Youth Baseball P.O. Box 1202 Fremont, CA Newark American Little League 6201 Lafayette Avenue Newark, CA (510) Contact: Bud A. Traynor, Vice Pres Project Linus San Francisco/East Bay, CA Chapter 5009 Northampton Court Newark, CA (510) Contact: Alice Reiley, Chapter Coordinator Green Oak Developmental Center 2949 Whipple Road Union City, CA (510) Contact: Jamie Rivera, MPA/HSA Please note that organizations listed on this page are in no way to be construed as an endorsement of said organizations and is being provided as a resource for parents/ guardians.

13 Fremont Unified School District Parent Guardian & Student Handbook and... ~ Notice of Rights & Responsibilities

14 STUDENT DISCIPLINE Appeal of Suspension A parent/guardian who disagrees with a suspension must meet with the Principal to request a reconsideration of the suspension or request that the suspension be amended or reversed. If after such meeting, the parent/guardian still disagrees with the suspension, the parent/guardian may submit the following in writing within three (3) school days to the Director of Student Support Services: The specific suspension that is being appealed (date, number of days, violation). The specific basis on which the request to amend or reverse the suspension is being made. Complete parent/guardian contact information (best phone number and address). The Director of Student Support Services will review the written appeal, make every effort to contact and discuss the request with the parent/guardian, and will provide the final decision in writing to the parent/guardian and to the school. Mandatory Recommendation for Expulsion (EC 48915(a)) Principals shall recommend the expulsion of a student for any of the following acts committed while at school, at a school activity off school grounds, or while under school jurisdiction unless the Principal finds that expulsion is inappropriate due to a particular circumstance: (A) (B) (C) (D) Causing serious physical injury to another person, except in self-defense. Possession of any knife, or other dangerous object of no reasonable use to the pupil. Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code except for either of the following: (i) The first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. (ii) The possession of over-the-counter medication for use by the pupil for medicinal purposes or medication prescribed for the pupil by a physician. Robbery or extortion. (E) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee. Mandatory Expulsion (EC 48915(c)) (AR 5114) Principals shall recommend the expulsion of a student for any of the following acts committed while at school, at a school activity off school grounds, or while under school jurisdiction: (c)(1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of a school district. In compliance with state and federal laws, any student who is determined to have brought a firearm to school or to have possessed a firearm at school shall be expelled for not less than one calendar year and shall be referred to the criminal justice or juvenile delinquency system. (c)(2) Brandishing a knife at another person. (c)(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (c)(4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section or committing a sexual battery as defined in subdivision (n) of Section (c)(5)possession of an explosive. Other Grounds for Expulsion Upon recommendation by the Principal, the Board of Education may order a student expelled for any other acts listed in Education Code 48900, as listed on pages