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HomeEducation CodeCh. 6Art. 1§ 48923 County Board Appeal Limits

§ 48923 County Board Appeal Limits

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 48923 County Board Appeal Limits

Key Takeaways

  • •If new or missed evidence is found, the county board can send the case back to the school board or hold a new hearing.
  • •If the school board didn’t explain their decision well but the evidence is there, the county board sends it back for better explanations.
  • •If the county board disagrees with the school board’s decision, they can cancel the expulsion and remove it from the student’s record.

Example

A student was expelled for fighting, but new video evidence shows they were defending themselves.

The county board can send the case back to the school board to look at the new video or hold a new hearing to decide fairly.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 48923 County Board Appeal Limits

The decision of the county board shall be limited as follows: (a) If the county board finds that relevant and material evidence exists which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board, it may do either of the following: (1) Remand the matter to the governing board for reconsideration and may in addition order the pupil reinstated pending the reconsideration. (2) Grant a hearing de novo upon reasonable notice thereof to the pupil and to the governing board. The hearing shall be conducted in conformance with the rules and regulations adopted by the county board under Section 48919. (b) If the county board determines that the decision of the governing board is not supported by the findings required to be made by Section 48915, but evidence supporting the required findings exists in the record of the proceedings, the county board shall remand the matter to the governing board for adoption of the required findings. This remand for the adoption and inclusion of the required findings shall not result in an additional hearing pursuant to Section 48918, except that final action to expel the pupil based on the revised findings of fact shall meet all requirements of subdivisions (j) and (k) of Section 48918. (c) In all other cases, the county board shall enter an order either affirming or reversing the decision of the governing board. In any case in which the county board enters a decision reversing the local board, the county board may direct the local board to expunge the record of the pupil and the records of the district of any references to the expulsion action and the expulsion shall be deemed not to have occurred. (Amended by Stats. 2000, Ch. 147, Sec. 2. Effective January 1, 2001.)

Last verified: January 23, 2026

Key Terms

adoptionevidenceschoolconsiderationportstudenthearingregulation

Related Statutes

  • § 48910 Teacher Classroom Suspension Rules
  • § 48921 Expulsion Appeal Transcript Rules
  • § 48922 County Board Appeal Review
  • § 48931 Food Sales Authorization
  • § 48907 Student Free Speech Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 48923.
View Official Source