Fremont Union High School District v. Santa Clara County Board of Education
Opinion
Opinion
Elia, J.
—Fremont Union High School District (FUHSD) expelled Matthew G. after he used, a stun gun during an altercation with another student. Upon review, the Santa Clara County Board of Education (County Board) determined that FUHSD lacked jurisdiction to expel Matthew G. and ordered him reinstated. FUHSD then petitioned for a writ of mandate ordering County Board to set aside its decision. The trial court granted the petition. Matthew G. appeals. We affirm.
Facts and Procedural Background
Matthew was enrolled at Homestead High School in the Fremont Union High School District and was attending Middle College at DeAnza Community College, an alternative program in the district. On December 6, 1989, during the school lunch period, Matthew went to the campus of Monte Vista High School. Monte Vista High School is part of FUHSD. Shortly after arriving at Monte Vista, Matthew became embroiled in an altercation with another district student. Matthew pulled out a stun gun, and used it to “stun” the other student.
On January 16, 1990, FUHSD expelled Matthew for the remainder of the school year. He was expelled for possessing a dangerous object—a stun gun—without permission while on a…