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Students |
5114.3-AR |
PUPIL EXPULSION
A.
Purpose and Scope
To outline the administrative procedures relating to pupil expulsion.
B.
General
1.
Expulsion is defined as the removal of a pupil from
the immediate supervision and control, or the general supervision, of school
personnel [E.C. 48925 (b)].
2.
Only the Board of Education has the authority to
expel a pupil from the schools of the
a.
Education Code 48900, Grounds for Suspension or
Expulsion, Legislative Intent, reads as follows: "A pupil shall not be
suspended from school or recommended for expulsion unless the superintendent or
the principal of the school in which the pupil is enrolled determines that the
pupil has:
1)
Caused, attempted to cause, or threatened to cause
physical injury to another person; or willfully used force or violence upon the
person of another, except in self-defense.
2)
Possessed, sold, or otherwise furnished any
firearm, knife, explosive, or other dangerous object, without prior written
permission from a school employee, concurred in by the principal.
3)
Unlawfully possessed, used, sold, or otherwise
furnished, or been under the influence of, any controlled substance as defined
in Section 11007 of the Health and Safety Code, an alcoholic beverage, or an
intoxicant of any kind.
4)
Unlawfully offered, arranged, or negotiated to sell
any controlled substance as defined in Section 11007 of the Health and Safety
Code, an alcoholic beverage, or an intoxicant of any kind, and then either
sold, delivered, or otherwise furnished to any person another liquid,
substance, or material and represented the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant.
5)
Committed or attempted to commit robbery or
extortion.
6)
Caused or attempted to cause damage to school
property or private property.
7)
Stole or attempted to steal school property or
private property.
8)
Possessed or used tobacco, or any products containing
tobacco or nicotine products, including, but not limited to, cigarettes,
cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or possession
by a pupil of his or her own prescription products.
9)
Committed an obscene act or engaged in habitual
profanity or vulgarity.
10) Had unlawful
possession of, or unlawfully offered, arranged, or negotiated to sell, any drug
paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
11) Disrupted school
activities or otherwise willfully defied the valid authority of supervisors,
teachers, administrators, school officials, or other school personnel engaged
in the performance of their duties.
12) Knowingly received
stolen school property or private property.
13) Possessed an
imitation firearm. As used in this section, imitation firearm means a replica
of a firearm that is so substantially similar in physical properties to an
existing firearm as to lead a reasonable person to conclude that the replica is
a firearm.
14) Committed or
attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288,
288a, or 289 of the Penal Code or committed a sexual battery as defined in
Section 243.4 of the Penal Code.
15) Harassed,
threatened, or intimidated a pupil who is a complaining witness or witness in a
school disciplinary proceeding for the purpose of either preventing that pupil
from being a witness or retaliating against that pupil for being a witness, or
both.
No pupil shall be suspended or expelled for any of the acts enumerated unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:
a)
While on school grounds.
b)
While going to or coming from school.
c)
During the lunch period whether on or off the
campus.
d)
During, or while going to or coming from, a school
sponsored activity."
b.
Education Code 48900.2, Additional Grounds for
Suspension or Expulsion: Sexual Harassment, reads as follows:
"In addition to the reasons specified in Section 48900, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5 [of the Education Code].
For the purpose of this chapter, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual's academic performance or to create an intimidating, hostile, or offensive education environment. This section shall not apply to pupils enrolled in kindergarten and grades 1 to 3, inclusive. (Add. Stats. 1992, Ch. 909)"
c.
Education Code 48900.3, Hate Violence, reads
as follows:
"In addition to the reasons specified in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in an act of hate violence, as defined in subdivision (e) of Section 33032.5."
Hate violence, as defined by Section 33032.5, is any act punishable under Penal Code Section 422.6, 422.7 or 422.75. Penal Code Sections 422.6, 422.7 and 422.75 provide that a person shall neither intimidate, oppress, or threaten any other person nor deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to him or her, because of the other person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation.
d.
Education Code 48900.4, Intentional Harassment,
reads as follows:
"In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against a pupil or group of pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of that pupil or group of pupils by creating an intimidating or hostile educational environment."
3.
A principal or the superintendent/designee shall
recommend a pupil's expulsion for any of the following acts committed at school
or at a school activity off school grounds, unless the principal or the
superintendent/designee finds and so reports in writing to the governing board
that expulsion is inappropriate due to the particular circumstances which
finding shall be specified in the report of the incident [E.C. 48915 (a)]:
a.
Causing serious physical injury to another person, except
in self-defense.
b.
Possession of any firearm, knife, explosive, or
other dangerous object of no reasonable use to the pupil at school or at a
school activity off school grounds.
c.
Unlawful possession of any controlled substance listed
in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and
Safety Code, except for the first offense for the sale of not more than one
avoirdupois ounce of marijuana, other than concentrated cannabis.
d.
Robbery or extortion.
4.
Upon recommendation by the principal,
superintendent of schools, or by a hearing officer or administrative panel
appointed pursuant to subdivision (d) of Section 48918, the governing board may
order a pupil expelled upon a finding that the pupil committed one of the acts
listed in subdivision (a) of Education Code Section 48915 (above) or
subdivisions (a) through (m) of Education Code Section 48900 or Sections
48900.2, 48900.3, and 48900.4. A decision to expel shall be based on a finding
of one or both of the following:
a.
Other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
b.
Due to the nature of the violation, the presence of
the pupil causes a continuing danger to the physical safety of the pupil or
others [E.C. 48915 (b)].
5.
Education Code Section 48915 (c) requires that the
principal or superintendent of schools immediately suspend, and recommend
expulsion of a pupil that he or she determines has committed any of the
following acts at school or at a school activity off school grounds:
a.
Possessing, selling, or otherwise furnishing a
firearm. This subdivision does not apply to a pupil for an act of possessing a
firearm if the pupil had obtained prior written permission to possess the
firearm from a certificated school employee, which is concurred in by the
principal or the designee of the principal. This subdivision applies to an act
of possessing a firearm only if the possession is verified by an employee of a
school district.
b.
Brandishing a knife at another person.
c.
Unlawfully selling a controlled substance listed in
Chapter 2 (commencing with Section 11053) of Division 10 of the Health and
Safety Code.
d.
Committing or attempting to commit a sexual assault
as defined in subdivision (n) of Section 48900 or committing a sexual battery
as defined in subdivision (n) of Section 48900.
6.
The principal or designee shall notify law
enforcement authorities about any student possession of weapons and any acts of
assault by a student with a firearm or other deadly weapon or instrument.
(Education Code Section 48902, Penal Code Sections 245, 626.9, 626.10)
7.
If a student is disabled, within the meaning of
Section 504 of the Rehabilitation Act of 1973 or the Individuals with Disabilities
Education Act (IDEA), and commits a violation of Education Code 48900 which
would result in a recommendation for expulsion, the school shall evaluate that
student to determine whether the student's misconduct is a manifestation of
his/her disability and whether the student was appropriately placed at the time
of the misconduct. Procedures for expelling students with a disability are
included in these administrative regulations and must be followed.
8.
In a matter involving a pupil with previously identified
exceptional needs who is currently enrolled in a special education program, the
governing board may order expulsion pursuant to Education Code 48915 only if
all of the following conditions are met (E.C. 48915.5):
a.
An individualized education program team meeting is
held and conducted pursuant to Article 3 (commencing with Section 56340) of
Chapter 2 of Part 30.
b.
The team determines that the misconduct was not
caused by, or was not a direct manifestation of, the pupil's identified
disability.
c.
The team determines that the pupil had been
appropriately placed at the time the misconduct occurred.
9.
The principal/designee shall inform the teachers of
each pupil who has engaged in, or is reasonably suspected to have engaged in,
any of the acts in any subdivision dealing with suspension or expulsion except
48900 (h) (possession or use of tobacco or cloves).
C.
Forms Used and Additional References
1.
Parent Notice of Suspension
2.
Initial Expulsion Notification (Exhibit A)
3.
Incident Report (Exhibit B)
4.
Request for Extension of Suspension
5.
Recommendation for Expulsion
6.
Student Statement (Exhibit C)
7.
Guidance Team/Suspension Conference Report (Exhibit
D)
8.
Work and Attitude Report (Exhibit E)
9.
Board Policy and Administrative Regulations 5114.2,
Pupil Suspension.
10. Board Policy and
Administrative Regulations 6171.2, Equal Educational Opportunities for All
Students.
11. California
Education Code 48900, et seq.
12. California Code of
Regulations, Title V.
13. Health and Safety
Code Sections 11007, 11053, et seq.
D.
Procedures
1.
Recommendation for Expulsion:
a.
For any act described in Section B, paragraph 2,
above, (48900, et seq.) the principal may suspend the student for up to five
days and recommend that the student be expelled from the district if other
means of correction are not feasible or have repeatedly failed to bring about
proper conduct or, due to the nature of the violation, the presence of the
pupil causes a continuing danger to the physical safety of the pupil or others.
All students shall be notified during the pre-suspension conference that a
recommendation for expulsion from the district may or will be considered.
b.
The principal/designee shall notify the pupil's
parent/guardian in person or by telephone of the suspension and that a
recommendation for expulsion may be or will be forthcoming. Written
notification, Parent Notice of Suspension, with an attached copy of the Pupil
and Parent Rights and a copy of the District Discipline Policy, shall be sent
to the parent within one school day.
Parents/guardian shall be notified of a possible recommendation for expulsion within one day of the initial suspension.
c.
If a pupil with exceptional needs is to be expelled
or suspended for a period of more than 10 days, The Individuals with
Disabilities Education Act (IDEA) and state law provide additional procedural
safeguards to pupils with exceptional needs which are not available to other
pupils (see 20 U.S.C. Section 1415; Education Code Sections 48915.5 and 48911).
See procedure below for the Expulsion of a Pupil with Exceptional Needs.
d.
The parent/guardian of a disabled student or a
student suspected of being disabled under the definitions of IDEA or Section
504 shall be notified of all procedural safeguards required for disabled
students, including any actions proposed regarding the identification, evaluation,
or placement of that student and the availability of a due process hearing.
e.
The principal/designee shall immediately notify the
Child Welfare and Attendance office of the possible recommendation for
expulsion by telephone and forward a Notice of Expulsion Recommendation to the
CWA office.
f.
The school site guidance team shall meet within the
five day suspension period to review the facts of the incident, explore
disciplinary options, and make a recommendation to the principal regarding
appropriate disciplinary actions including expulsion. A representative of CWA
should be in attendance at the guidance team meeting to advise all parties of
their legal rights and responsibilities and to consider any request to extend
the suspension beyond the five days. The request for Extension of Suspension
form is to be completed at this time. The CWA representative, as the
superintendent's designee, may extend the suspension until such time as the
governing board has rendered a decision in the action. The extension may be
granted only if it is determined, following a meeting in which the pupil and
the pupil's parent/guardian are invited to participate, that:
1)
The presence of the pupil at the school or in an
alternative school placement would cause a danger to persons or property
or
2)
The presence of the pupil would cause a threat of
disrupting the instructional process.
g.
Subsequent to the school site guidance team review,
a recommendation for expulsion shall be initiated by the principal by
forwarding the Recommendation for Expulsion form to the CWA office. CWA will
forward a copy of the Recommendation for Expulsion and the Incident Report to
the director of pupil services.
h.
Pursuant to Education Code 48915(a), the principal
or superintendent must provide a written report to the governing board when a
decision not to expel a student is made for violations specified in Education
Code 48915(a) (causing serious physical injury, possession of any knife or
dangerous object, unlawful possession of any controlled substance, robbing or
extortion, assault, or battery). The written report shall specify the
particular circumstances of the incident and the rationale as to why expulsion
is inappropriate. The report shall be sent immediately to the director of pupil
services and Child Welfare and Attendance.
2.
Pursuant to Education Code 48900.6, the principal,
superintendent or governing board may require the student to perform community
service on school grounds during non-school hours in lieu of expulsion, except
in cases where expulsion is required by law.
3.
Preparation of Evidence Packet: The
principal/designee shall prepare all written documentation of the incident
supporting the recommendation for expulsion. The expulsion packet shall
include, but not be limited to, the following:
a.
The Parent Student Suspension Report.
b.
Incident Report.
c.
Staff Report. Each staff member who was directly
involved in the incident as a witness, victim, or disciplinarian must complete
a staff report form. These reports shall be objective and completed in the
first person as soon as possible after the incident.
d.
Witness Report. Each pupil or non-staff member who
was directly involved in the incident as a witness or victim is to complete a
witness report immediately following the incident. These reports shall be
completed in the person's own handwriting and then typed by the site secretary
as an exact duplicate of the original statement. Witnesses shall be instructed
to write, in their own words, what they personally observed, heard, or
experienced that related to the incident. Witness reports shall be in the form
of sworn declarations, signed by the witness, and attested to by a staff
member.
e.
Student Statement (Exhibit C). The
principal/designee shall request that the pupil alleged to have violated
Education Code complete a pupil statement, following the format described above
for witnesses. No pupil is to be compelled to write a statement, but if they
choose not to do so, they must indicate that choice in writing.
f.
Release to Law Enforcement forms must be completed
and included in the evidence packet whenever a student, as a result of the
incident, is removed from campus by a police officer.
g.
Guidance Team/Suspension Conference Report (Exhibit
D).
h.
Work and Attitude Reports (Exhibit E). Each of the
pupil's teachers shall complete a confidential work and attitude report. These
reports shall be attached to the Recommendation for Expulsion Request sent to
CWA by the principal. Handwritten reports will be typed and returned for
teacher signature. The principal/designee shall inform the teachers that the
report will be included as part of an official document that will be submitted
to the Superintendent and Board of Education.
i.
Police report, if taken and available, shall also
be included.
j.
Copies of student legal records. Specifically,
permanent record card, attendance records, recent grade reports, class
assignment card, discipline records, guidance and transfer record, special
education records, case studies, and student study interventions.
k.
All documentation must be submitted to CWA within
ten school days from the date the pupil was initially suspended.
4.
Expulsion Hearing.
a.
An expulsion hearing shall be held within 30
schooldays of the date the principal or superintendent determines the pupil has
committed any of the acts enumerated in Section 48900, et seq., of the
Education Code unless the pupil requests in writing that the hearing be
postponed. The pupil shall be entitled to at least one postponement for a
period of not more than 30 calendar days. Additional postponements may be
granted by the governing board. In the event that compliance by the governing
board with these time requirements is impractical, the superintendent/designee
may, for good cause, extend the time period for five additional schooldays. The
reason for the extension of the time for the hearing shall be included as part
of the record at the time the expulsion hearing is conducted.
b.
Written notice of the hearing shall be forwarded to
the pupil and the pupil's parent/guardian by the CWA office at least ten (10)
calendar days prior to the date of the hearing. Such notice shall include:
1)
The date, time, and place of the hearing;
2)
A statement of the specific facts and charges upon
which the proposed expulsion is based;
3)
A copy of the disciplinary rules of the district
which relate to the alleged violation; and
4)
The opportunity for the pupil or the pupil's
parent/guardian to: (a) appear in person or to employ and be represented by
counsel; (b) inspect and obtain copies of all documents to be used at the
hearing; (c) confront and question all witnesses who testify at the hearing;
(d) question all other evidence presented; and (e) present oral and documentary
evidence on the pupil's behalf, including witnesses.
c.
The governing board may issue subpoenas to compel
testimony of witnesses at the expulsion hearing (E.C. 48918(l).
d.
The hearing to consider the expulsion of a pupil is
to be held in a session closed to the public unless the pupil or the pupil's
parent/guardian makes a written request, at least five days prior to the date
of the hearing and that the hearing be conducted at a public meeting. If such
request is made of the governing board, the meeting shall be public. Whether an
expulsion hearing is conducted in closed or public session, the governing board
may meet in closed session to determine if the pupil should be expelled,
provided that the parent/guardian of the pupil, the pupil, the counsel of the
pupil, and the counsel of the parent or guardian of the pupil shall be allowed,
upon request, to attend the closed session if the governing board admits any
other person to the closed session.
e.
In lieu of conducting an expulsion hearing itself,
the governing board may contract with the county hearing officer or with the
Office of Administrative Hearings of the State of California pursuant to
Chapter 14 (commencing with Section 27720), Part 3, Division 2, Title 3 of the
Government Code and Section 35207 of the Education Code, for a hearing officer
to conduct such hearing.
f.
In the alternative, the governing board may appoint
an impartial administrative panel of three or more certificated employees of
the district, none of whom shall be on the staff of the school in which the
pupil is enrolled. In lieu of the appointment of district employees exclusively,
the district may request the services of one or more certificated persons not
employed by the district. Such hearings shall not be conducted in conflict with
any procedures established in this policy.
g.
Within three schooldays following such a hearing,
the hearing officer or administrative panel shall determine whether to
recommend expulsion to the governing board.
h.
If the decision of the hearing officer or
administrative panel is not to recommend expulsion, the expulsion proceedings
shall be terminated and the pupil shall be immediately reinstated and allowed
to return to a classroom instructional program, any other instructional
program, a rehabilitation program, or any combination of these programs.
Placement in one or more of these programs shall be made by the
superintendent/designee after consultation with district personnel, including
the pupil's teachers and the pupil's parent or guardian. The decision not to
recommend expulsion shall be final.
i.
If the administrative panel recommends expulsion,
findings of fact in support of such recommendation shall be prepared by the
panel chairperson and submitted to the governing board. All findings of fact
and recommendations shall be based solely on the evidence adduced at the
hearing. If the governing board accepts the recommendation calling for
expulsion, such acceptance shall be based upon either a review of the findings
of fact and recommendations submitted by the panel or upon results of such
supplementary hearing conducted pursuant to this policy as the governing board
may order.
j.
If the hearing is held by a hearing officer or an
administrative panel or if the governing board does not meet on a weekly basis,
the governing board must make its decision about a pupil's expulsion within 40
schooldays after the date of the pupil's removal from school, unless there has
been a postponement in the hearing. If compliance with the time requirements
for conducting an expulsion hearing is impractical, the superintendent or
designee may, for good cause, extend the time period for the holding of the
expulsion hearing for an additional five (5) schooldays [Section 48918].
k.
The decision of the governing board to expel a
student shall be based upon substantial evidence relevant to the charges
adduced at the expulsion hearing. No evidence to expel shall be based solely
upon hearsay evidence, unless an administrative panel or governing board, upon
a finding that good cause exists, determines that the disclosure of the
identity of a witness and the testimony of the witness at the hearing would
subject the witness to an unreasonable risk of harm. Upon this determination,
the testimony of the witness may be presented at the hearing in the form of
sworn declarations which shall be examined only by the governing board or the
administrative panel. Copies of the sworn declarations, which are edited in
such a manner as to delete the name and identity of the witness, shall be made
available to the pupil [E.C. 48918 (f)].
l.
A record of the hearing shall be made. Such record
may be maintained by any means, including electronic recording, so long as a
reasonably accurate and complete written transcription of the proceedings can
be made.
m.
Technical rules of evidence shall not apply to such
hearings, but evidence may be admitted and given probative effect only if it is
the kind of evidence upon which reasonable persons are accustomed to rely in
the conduct of serious affairs. A decision of the governing board to expel
shall be supported by substantial evidence showing that the pupil committed any
of the acts enumerated in Section 48900 of the Education Code.
n.
Whether an expulsion hearing is conducted in closed
or public session by the governing board or before a hearing officer or
administrative panel, final action to expel a pupil shall be taken by the
governing board only at a public meeting. Written notice of any decision to
expel or suspend shall be sent by the superintendent/designee to the pupil or
parent or guardian, and the enforcement of an expulsion shall be accompanied by
notice of the right to appeal such expulsion to the county board of education
within 30 days. The notice to the pupil or pupil's parent or guardian shall be
accompanied by a list of educational alternatives available to the pupil during
his or her expulsion.
o.
Upon taking action to expel a pupil, a governing
board must provide the pupil's parent or guardian with written notice of (1)
the decision to expel the pupil, (2) the pupil's right to appeal the expulsion
to the county board of education, and (3) the parent's obligation, upon the
pupil's enrollment in a new school district, to inform the new school district
of the pupil's expulsion [Section 48918 (j)], and (4) a description of the
alternative educational placements available to the pupil during the time of
expulsion [Section 48918 (j)].
p.
A description of the procedure for readmission to
the district shall be made available to the pupil and the pupil's parent or
guardian at the time the expulsion order is entered (E.C. 48916).
q.
The governing board shall maintain a record of each
expulsion, including the cause therefor. Records of expulsion shall be a
nonprivileged, disclosable public record.
r.
The expulsion order and the causes therefor shall
be recorded in the pupil's mandatory interim record and shall be forwarded to
any school in which the pupil subsequently enrolls upon a request from the
admitting school for a pupil's school records.
s.
If a governing board determines expulsion to be
appropriate, the governing board must recommend a plan of rehabilitation for
the pupil at the time of the expulsion order. A plan of rehabilitation may
include, but is not limited to, provision of periodic review, recommendation
for improved academic performance, tutoring, special education assessments, job
training, counseling, employment, community service, or other rehabilitative
programs.
5.
Educational Programs for Expelled Students
a.
The district is required to ensure that an
educational program is provided to the expelled pupil during the term of his or
her expulsion.
b.
Pursuant to Education Code 48915(d), the governing
board shall order a pupil expelled upon finding that the pupil committed an act
listed in subdivision (c), and shall refer that pupil to a program of study
that meets all of the following conditions:
1)
Be appropriately prepared to accommodate pupils who
exhibit discipline problems.
2)
Not be provided at a comprehensive middle, junior,
or senior high school, or at an elementary school.
3)
Not be housed at the school site attended by the
pupil at the time of the suspension.
c.
If the pupil was expelled from a grade between 7 to
12, the school district or the county superintendent of schools may offer
independent study to the pupil. If independent study is to be offered to the
pupil, the pupil must be notified that independent study is an optional and
voluntary educational alternative. However, before a pupil may participate in
an independent study option, the pupil's parent or guardian must provide
written consent to the pupil's participation.
d.
If the county superintendent of schools certifies
that an alternative program of study is not available at a site away from a
comprehensive middle, junior, or senior high school, or elementary school, the
pupil may be referred to a program of study that is provided at a comprehensive
middle, junior, or senior high school, or at an elementary school.
6.
Length of Expulsion:
a.
An expulsion order shall remain in effect until the
governing board may, in a manner prescribed in Section 48916 of the Education
Code, order the readmission of a pupil. At the time an expulsion of a pupil for
an act other than those listed in subdivision (c) of Section 48915 is ordered,
the governing board shall set a date, not later than the last day of the
semester following the semester in which the expulsion occurred, when the pupil
may apply for readmission to a school.
b.
A pupil expelled pursuant to subdivision (c) of
Section 48915 may have a review for readmission not earlier than one year after
the date of the expulsion.
c.
The Board may require a pupil who is expelled from
school for reasons relating to controlled substances or alcohol to enroll in a
county-supported drug rehabilitation program prior to returning to school. No
pupil shall be required to enroll in a rehabilitation program pursuant to this
section without the consent of his or her parent or guardian (E.C. 48916.5).
7.
Suspension of Expulsion
a.
The governing board, upon voting to expel a pupil,
may suspend the enforcement of the expulsion order for a period of not more than
one calendar year and may, as a condition of the suspension of enforcement,
assign the pupil to a school, class, or program which is deemed appropriate for
the rehabilitation of the pupil. During the period of the suspension of the
expulsion order, the pupil shall be deemed to be on probationary status. The
suspension of an expulsion order under this section may be revoked by the
governing board upon the pupil's commission of any of the acts enumerated in
Section 48900 or for any violation of the district's rules and regulations
governing pupil conduct.
b.
When it is alleged that a pupil on probationary
status pursuant to Education Code Section 48917 has committed an offense in
violation of Education Code Section 48900 or the district's rules and regulations
governing pupil conduct, the principal/designee shall attempt to hold a
conference with the pupil and pupil's parent/guardian. At the conference the
pupil shall be informed of the reason the principal/designee is recommending
revocation of the suspension of the expulsion order and the evidence against
him or her and shall be given an opportunity to present his or her version of
the facts and evidence in his or her defense. In the event the pupil or the
pupil's parent/guardian fail to attend the conference, the principal/designee
shall consider the evidence he or she has received and may recommend revocation
of the expulsion order.
c.
Following the conference, the principal/designee
shall either find that no offense was committed and maintain the pupil on probationary
status or that an offense was committed and present his findings to the
governing board to determine whether the revocation of the suspension of the
expulsion order should be ordered by the governing board. Upon revocation of
the suspension of an expulsion order, a pupil may be expelled under the terms
of the original expulsion order.
d.
Upon satisfactory completion of the rehabilitation
assignment of a pupil, the pupil shall be reinstated by the governing board in
a school of the district. Upon reinstatement, the governing board may also
order the expunging of any or all records of the expulsion proceedings.
e.
A decision of the governing board to suspend an
expulsion order shall not affect the time period and requirements for filing an
appeal of the expulsion order with the county board of education required under
Education Code Section 48919. Any appeal shall be filed within 30 days of the
original vote of the governing board.
8.
Appeal to County Board of Education
a.
An expelled pupil may, within 30 days following the
decision of the governing board to expel, file an appeal with the county board
of education.
b.
The county board of education is required to hold a
hearing within 20 schooldays of the filing of the appeal.
c.
It shall be the responsibility of the pupil and
pupil's parent/guardian, at the time of filing the appeal, to request a copy of
the written transcript and supporting documents from the district. The school
district is required to provide the transcript, supporting documents, and
records within five schooldays of the request.
d.
It shall be the responsibility of the pupil and the
pupil's parent/guardian to file the transcripts, supporting documents, and
records with the county board of education following transmittal of the records
to the pupil and the pupil's parent/guardian.
e.
After reviewing the record of the expulsion
proceedings, the county board of education may either (1) remand the matter to
the district's governing board for reconsideration and may order the pupil
reinstated pending such reconsideration; (2) grant a de novo hearing (i.e., the
county board of education would hear the matter itself and render its own
decision without regard for the district's expulsion proceedings; or (3) enter
an order either affirming or reversing the decision of the governing board
(Section 48923).
f.
The county board of education must render its
decision within three schooldays of its hearing, unless the pupil requests a
postponement.
9.
Enrollment During and After Expulsion and
Readmission to the District
a.
A pupil expelled from school for any of the
offenses listed in subdivision (a), (c), or (f) of Section 48915 shall not be
permitted to enroll in any other school or school district during the period of
expulsion unless it is a county community school, a juvenile court school, as
described in Section 48645.1, or a program of study pursuant to subdivision (d)
of Section 48915.
b.
A request for review of expulsion action and
request for readmission shall be submitted in writing by the parent/guardian to
the director of pupil services.
c.
The director of pupil services shall convene a
district student study team consisting of the parent/guardian and the pupil,
representatives from the school of residence, alternative education, if appropriate,
and Child Welfare and Attendance.
d.
The district student study team shall review the
readmission request. If the student study team determines that granting the
readmission request is appropriate, the pupil will be readmitted and the pupil
or parent/guardian will be notified by the director of pupil services.
e.
If the district student study team determines that
the request for readmission should be denied, then this decision will be
transmitted to the governing board for review along with the readmission
request. The governing board shall consider the request in closed session
unless a written request for an open session is received from the pupil or
parent/guardian.
f.
Upon completion of the readmission process, the
governing board shall readmit the pupil unless the Board makes a finding that
the pupil has not met the conditions of the rehabilitation plan or continues to
cause danger to the physical safety of the pupil or others [E.C. 48916 (c)].
g.
The superintendent/designee will notify the pupil
or the pupil's parent/guardian by certified mail of the decision of the
governing board regarding readmission of the pupil in school. If the governing
board decides not to readmit a student, the Board must state its reasons in
writing and either continue the alternative placement of the student or place
the student in another program of study [E.C. 48916 (d)].
10. Admission of
Pupils Expelled From Another
a.
Pupils under an order of expulsion from another
school district for any of the grounds described in Education Code Section
48915 subdivision (a) paragraphs (1), (2), (3), and (4) may apply for admission
to the schools of the
b.
The governing board shall schedule a hearing in
closed session to determine whether the pupil seeking enrollment poses a
potential danger to the pupils or employees of the district. Notice will be
given and a hearing will be held according to the procedures set forth in
Education Code Section 48918 and this policy.
c.
The pupil applying for admission will be notified
within five working days of application for admission of the date set for the
hearing.
d.
The CWA office will request information from
another school district regarding the recommendation for expulsion or the
expulsion of an applicant for enrollment. The district receiving the request
shall respond to the request for information within five working days.
e.
The governing board may consider the following
options:
1)
Deny enrollment.
2)
Permit enrollment.
3)
Permit conditional enrollment in a regular school
program or another educational program.
f.
The governing board, after a determination is made
that the pupil expelled from another school district for any act described in
subdivision (a), (c), or (f) of Section 48915 does not pose a danger to either
the pupils or employees of the school district, may permit the individual to
enroll in a school after the term of expulsion, provided that he or she,
subsequent to the expulsion, either has established legal residence in the
school district, pursuant to Section 48200, or "has enrolled in the school
pursuant to an interdistrict agreement executed between the affected school
districts pursuant to Chapter 5 (commencing with Section 46600) of Part 26 or
pursuant to Article 1.5 (commencing with Section 48205) of Chapter 2 of Part
27."
11. Expulsion of
Pupils with Exceptional Needs.
a.
In a matter involving a pupil with an identified
disability who is currently enrolled in a special education program, the
governing board may order the pupil expelled pursuant to subdivision (b) or (d)
of Section 48915 only if (1) an individualized education program team meeting
is held and conducted pursuant to SELPA procedures, (2) the team determines
that the misconduct was not caused by, or was not a direct manifestation of,
the pupil's identified disability, or (3) the team determines that the pupil
had been appropriately placed at the time the misconduct occurred.
b.
The school shall conduct an evaluation before
taking any action with respect to the recommendation for expulsion or any
subsequent change in placement of a student with exceptional needs. The
preexpulsion assessment shall be conducted in accordance with the guidelines of
the Code of Federal Regulations, Title 34, 104.35(c), and shall evaluate
whether the misconduct was caused by the disability condition and, if so,
whether the student's current placement is appropriate. All applicable
procedural safeguards prescribed by federal and state law and regulations apply
to proceedings to expel pupils with previously identified exceptional needs,
except that, notwithstanding Section 56321, subdivision (e) of Section 56506,
or any other provision of law, parental consent is not required prior to
conducting a preexpulsion educational assessment or as a condition of the final
decision of the local board to expel.
c.
The school must provide written notice of the
intent to conduct the preexplusion assessment. (Use the Special Education
Parent Rights form - SE-4) from Special Education). In determining whether a
student should be expelled, the IEP team shall base its decision on current
assessment data and recent and relevant information regarding the student. The
assessment must draw upon information from a variety of sources, use test instruments
which are administered by trained personnel and which have been validated, and
use materials designed to address specific areas of education. Health and
discipline records shall be reviewed and included in the assessment.
d.
Subsequent to the preexpulsion evaluation, an IEP
team meeting shall be scheduled to consider the issues described above. The
parent has the right to participate in the IEP team meeting and shall be
notified of said right at least 48 hours prior to the meeting. The parent may
participate through actual participation, representation, or a telephone
conference call. The meeting shall be held at a time and place mutually
convenient to the parent and local education agency within the period, if any,
of the pupil's preexpulsion suspension. The parent may request that the meeting
be postponed for up to three additional school days, during which time the
district may extend any suspension of the pupil for the period of the
postponement. Unless a parent has requested a postponement, the meeting may be
conducted without the parent's participation, if appropriate notice regarding
the meeting has been provided.
e.
The notice shall specify that the meeting may be
held without the parents participation unless the parent requests a
postponement for up to three additional school days.
f.
No disabled student shall be excluded from his or
her program for more than ten consecutive days without parent agreement.
Additionally, a series of suspensions of less than ten days each that creates a
pattern of exclusion may also constitute a significant change in placement,
depending upon the individual circumstances. Where such a change is occurring
through the disciplinary process, the school must evaluate whether the
misconduct was caused by the disability and, if so, whether the student's
current placement is appropriate. Pending the completion of this process, the
student's previous placement must continue unless express parental permission
is obtained for an interim placement or unless a court orders such a change.
g.
If the IEP team determines that the alleged
misconduct was not caused by, or was not a direct manifestation of, the
student's disability, and if it is determined that the student was
appropriately placed, the student shall be subject to the applicable disciplinary
actions and procedures prescribed for suspension and expulsion of all students
(E.C. 48915.5).
h.
If evidence on the issue of the student's
disability is presented at the administrative hearing, the administrative panel
shall make a finding as to whether the student's conduct resulted from, or was
a manifestation of, the student's disability. If the administrative panel made
a finding on the issue of a student's disability and its relationship to the
student's conduct, the board of education shall include a finding on the issue
in its decision.
i.
At the IEP meeting the school shall again notify
the parent/guardian of all applicable procedural safeguards prescribed by
federal and state law and regulations including the availability of a due
process hearing conducted pursuant to Section 1415 of Title 20 of the United
States Code if the parent disagrees with the decision of the IEP team. Use
Special Education Parent Rights (SE-4).
j.
If a parent demands a due process hearing
concerning the IEP determination, the student shall remain in his/her current
placement pending resolution of the due process proceeding unless:
1)
He/she has been suspended for up to, but not more
than, ten days because he/she poses an immediate threat to the safety of
others.
2)
The student and his/her parents agree to a change
in placement.
3)
A court order has been obtained permitting such a
change in placement.
4)
The change is a minor change in program or services
rather than a significant change in placement.
k.
No expulsion hearing shall be conducted for an
individual with exceptional needs until all of the following have occurred:
1)
A preexpulsion assessment is conducted.
2)
The individualized education program team meets and
determines that the misconduct was not caused by, or was not a direct
manifestation of, the pupil's identified disability; and that the pupil had
been appropriately placed at the time the misconduct occurred.
3)
Due process hearings and appeals, if initiated, are
completed.
l.
The statutory times prescribed for expulsion proceedings
shall commence after the completion of the preexpulsion assessment, IEP team
meeting and due process hearing, if initiated.
m.
The district shall continue to provide educational
services to IDEA-eligible students, regardless of the misconduct that leads to
expulsion. The IEP team shall establish a program of appropriate educational
services that is individually designed to meet the student's unique learning
needs. Home and alternative schools and programs may be considered.
12. Forms Required
a.
Parent Notice of Suspension
b.
Notice of Expulsion Recommendation
c.
Initial Expulsion Notification
d.
Request for Extension of Suspension
e.
Incident Report
f.
Staff/Witness Report
g.
Student Statement
h.
Release to Law Enforcement Agency
i.
Guidance Team/Suspension Conference Report
j.
Work and Attitude Report
k.
Special Education Parent Rights (SE-4)
13. Reports Required
It shall be the responsibility of the Child Welfare and Attendance
office to maintain data as specified by the State Department of Education.
Required data includes:
a.
The number of pupils recommended for expulsion
b.
The grounds for each recommended expulsion
c.
Whether the pupil was subsequently expelled
d.
Whether the expulsion order was suspended
e.
The type of referral made after expulsion
f.
The disposition of the pupil after the end of the period
of expulsion
Findings of Fact
E.
Record Retention
Expulsion Order and the Causes Thereof
F.
Responsible Administrative Unit
Assistant Superintendent - Educational Services
G.
Approved By:
|
Yvonne Davis |
|
James O. Fleming |
|
|
Responsible Division Head |
Date |
Superintendent |
Date |