California Education Code Section 48919.5
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California Laws > Education Code > California Education Code Section 48919.5
48919.5. (a) A county board of education in a class 1 or class 2
county may have a hearing officer pursuant to Chapter 14 (commencing
with Section 27720) of Part 3 of Title 3 of the Government Code, or
an impartial administrative panel of three or more certificated
persons appointed by the county board of education, hear appeals
filed pursuant to Section 48919. The members of the impartial
administrative panel shall not be members of the governing board of
the school district nor employees of the school district, from which
the pupil filing the appeal was expelled. Neither the hearing
officer, nor any member of the administrative panel, hearing a pupil'
s appeal shall have been the hearing officer or a member of the
administrative panel that conducted the pupil's expulsion hearing.
(b) A hearing conducted pursuant to this section shall not issue a
final order of the county board. The hearing officer or impartial
administrative panel shall prepare a recommended decision, including
any findings or conclusions required for that decision, and shall
submit that recommendation and the record to the county board of
education within three schooldays of hearing the appeal.
(c) Sections 48919, 48920, 48921, 48922, 48923, and 48925 are
applicable to a hearing conducted pursuant to this section.
(d) Within 10 schooldays of receiving the recommended decision and
record from the hearing officer or the impartial administrative
panel, the county board of education shall review the recommended
decision and record and render a final order of the board.
(e) For purposes of this article, the following definitions shall
(1) "Countywide ADA" means the aggregate number of annual units of
regular average daily attendance for the fiscal year in all school
districts within the county.
(2) "Class 1 county" means a county with 1994/95 countywide ADA of
more than 500,000.
(3) "Class 2 county" means a county with 1994/95 countywide ADA of
at least 180,000 but less than 500,000.
Last modified: February 22, 2013