Appeals to the Board – San Diego County Office of Education

Whereas most college district selections can’t be appealed to a county board of training, California Schooling Code does authorize a county board of training to listen to the enchantment of a scholar who has been expelled from their college district or whose request for switch to a different college district has been denied.

Interdistrict Switch Appeals

California Schooling Code (EC) sections 46600-46610 describe the interdistrict switch course of, with EC 46601 offering the chance for a dad or mum/guardian “to enchantment a college district’s choice concerning a request for interdistrict switch, inside 30 calendar days of the date of the college district’s closing denial, to the county board of training.

As a result of the identical regulation requires that the designee of the county superintendent of colleges “examine to find out whether or not native treatments within the matter have been exhausted and to offer any further info deemed helpful to the county board of training in reaching a choice,” please contact Interdistrict.Switch.Appeals@sdcoe.internet to rearrange to debate your case previous to submitting a request for enchantment. We additionally suggest that you simply overview these directions for requesting an interdistrict switch enchantment.

Expulsion Appeals

An enchantment earlier than the county board of training shouldn’t be a rehearing, however reasonably a procedural overview of the transcripts of the listening to carried out by the expelling district to find out if all involved have acquired a good listening to.

California Schooling Code sections (EC) 48919 – 48924 describe the authority of the county board of training to listen to appeals on the expulsion of a scholar from their college district, and on the scope and course of used to determine the enchantment. Per EC 48919, the pupil/dad or mum/guardian has the precise to file a request to enchantment an expulsion from an area college district inside 30 calendar days after the college district governing board’s motion to expel the pupil. If greater than 30 calendar days have handed because the date of the expulsion, the San Diego County Board of Schooling doesn’t have jurisdiction to just accept the request for an enchantment.

In some circumstances, a district governing board might droop the enforcement of an expulsion order permitting the pupil to return to high school beneath sure circumstances; nevertheless, the 30 calendar-day time limitation nonetheless applies, despite the fact that the expulsion order is suspended, and the pupil could also be attending college.

An enchantment could also be made when the pupil/dad or mum/guardian believes that a number of of the required procedural circumstances for the expulsion listening to have been violated. An in depth account of procedural violations that could be reviewed by the county board of training might be discovered within the “Scope of Evaluate by County Board,” part of the San Diego County Workplace of Schooling Board Coverage 5144.

Earlier than submitting a request for an enchantment listening to we suggest that you simply overview these directions for requesting an enchantment listening to on an expulsion, and that you simply contact our workers at Expulsion.Attraction@sdcoe.internet to debate your case.

Complaints Concerning College Districts and Constitution Colleges

Below California regulation, college districts and constitution faculties are unbiased governmental entities which might be ruled by their regionally elected college boards. Apart from interdistrict switch and expulsion appeals, that are particularly approved in Schooling Code, the operational selections and insurance policies college districts and constitution faculties make concerning their college students don’t fall throughout the jurisdiction of the county superintendent or County Board of Schooling.

California Code of Rules, Title 5, sections 4600-4687 require all public faculties to make use of Uniform Grievance Procedures (UCP) to analyze and reply to complaints associated to illegal discrimination, and the violation of particular federal and state packages that use categorical funds. An outline of the UCP and listing of matters it might be used for is on the market on the California Division of Schooling’s Uniform Grievance Procedures webpage. Every district’s and constitution college’s native insurance policies and procedures for the UCP can be found of their governing board insurance policies and administrative rules.

UCP complaints are filed with the district superintendent or their designee. If after utilizing the college district’s or constitution college’s UCP, the complainant doesn’t agree with the district’s actions to resolve the grievance, they could request a overview by the California Division of Schooling.