Charles S. v. Board of Education

The primary question on this appeal is whether Education Code section 10607 (third paragraph), prescribing the procedure on suspension of a public school student, comports with state and federal constitutional requirements of due process of law.

A petition for writ of mandate was filed in the superior court on behalf of Charles S., a minor (whose full name for reasons which will become obvious is omitted), and all other persons similarly situated, including eight others expressly named. Each of the nine persons had been suspended from high school pending disposition of juvenile court proceedings against him.

The petitioners sought a court order: (1) terminating their suspensions pending a “full due process hearing,” (2) that the school record of their illegal suspensions be expunged of “harmful notations,” and (3) that addi tional educational programs be provided them “so .that they can regain the valuable schooling missed as a result of the illegal disciplinary action.”

They further sought a declaration of the superior court that “Section 10607 of the California Education Code requires a due process hearing within three days after the commencement of any school…