The California Education Code at Section 48915(a) requires that a principal or superintendent recommend expulsion if the student commits any of the following acts (unless they find that expulsion is inappropriate due to the particular circumstance):
- Causing serious physical injury to another, except in self-defense;
- Possession of any knife, explosive, or other dangerous object of no reasonable use;
- Unlawful possession of a controlled substance, except the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis, or possession of over-the-counter medication for medicinal purposes or physician-prescribed medication;
- Robbery or extortion; or
- Assault or battery upon any school employee.
The governing school board may order the pupil expelled upon finding that the pupil committed one of the acts listed above and a finding that:
- Other means of correction are not feasible or have failed repeatedly; or
- The student’s presence causes a continuing danger to the physical safety of the student or others.[1]
In addition, the California Education Code at Section 48915(c) requires a principal or superintendent of schools to immediately suspend and recommend for expulsion a pupil who commits any of the following acts:
- Possessing, selling or furnishing a firearm. Suspension or expulsion is not mandatory for the possession of an imitation firearm, but it is permitted;
- Brandishing a knife at another person;
- Selling a controlled substance;
- Committing or attempting a sexual assault or committing a sexual battery; or
- Possessing an explosive.
The governing school board must order the pupil expelled upon a finding that the pupil committed one of these acts.[2] However, this mandatory expulsion provision is not enforceable against a special education student unless the student has been afforded all of the procedural and substantive safeguards set forth in this chapter and, after application of those safeguards, has been found eligible for expulsion.