Opinion No. (1998)
Opinion
Lead Opinion
DANIEL E. LUNGREN Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE GEORGE RUNNER, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: Is a school district required to allow a pupil or a pupil's parent or guardian to be represented at an expulsion hearing by a non-attorney such as an "educational advocate" or "administrative law advisor"? CONCLUSION A school district is not required to allow a pupil or a pupil's parent or guardian to be represented at an expulsion hearing by a non-attorney such as an "educational advocate" or "administrative law advisor," but it may allow such representation under duly adopted rules and regulations. ANALYSIS The question presented concerns the authority of a school district to restrict representation of a pupil or a pupil's parent or guardian at an expulsion hearing conducted pursuant to Education Code section 48918 1 Is a school district required to allow a pupil or his parent or guardian to be represented by someone other than an attorney? We conclude that while a school district may permit representation at an expulsion hearing by a non-attorney, it is not required to do so. Section…