T.H. v. SAN DIEGO UNIFIED SCHOOL DIST.

No. D043380.

19 Cal.Rptr.3d 532 (2004)

122 Cal.App.4th 1267

T.H., a Minor, etc., Plaintiff and Respondent, v. SAN DIEGO UNIFIED SCHOOL DISTRICT, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

October 4, 2004.


Attorney(s) appearing for the Case

Higgs, Fletcher & Mack, John Morris, Steven J. Cologne and Dianne M. Schweiner, San Diego, for appellant.

Law Offices of Thomas S. Nelson, Thomas S. Nelson; Cochrane & Nelson, Michael S. Cochrane and Thomas S. Nelson for respondent.


HALLER, J.

A middle school vice-principal recommended that a student, T.H., be expelled from school because she was involved in repeated acts of fighting. After a series of hearings, the San Diego Unified School District (District) agreed with this recommendation and expelled T.H. from its schools. Under state law, this type of offense can lead to an expulsion, but a school principal has the discretion to decide not to refer the matter to the governing school board...

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