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(8.21) What are the rights of my child to return to school in the district that expelled him?

(8.21) What are the rights of my child to return to school in the district that expelled him?

The district Board of Education must adopt local rules and regulations that establish a procedure for processing requests for readmitting expelled students. However, readmission is not automatic. Your school district must determine that your child can be readmitted to the school district. [Cal. Ed. Code Sec. 48916.]

The Board, after voting to expel your child, may suspend enforcement of the expulsion for a period up to one year. During this period, he is “on probation”. Probation may be revoked, and the expulsion enforced, if your child commits any act for which he could have been suspended or expelled or for any violation of the district’s student conduct code. After one year of successful probation, he must be reinstated. The district may, but is not required to, expunge your child’s records of all information related to the suspended expulsion. [Cal. Ed. Code Sec. 48917.]

The order expelling your child must specify the date when he may apply for readmission. That date cannot be later than the last day of the semester following the semester in which the expulsion occurred, but can be earlier. The order can include a plan of rehabilitation that your child must follow during the period of expulsion. It may also include an assessment at the time of application for readmission. The plan may also include recommendations for improved academic performance, tutoring, special education assessment, job training, counseling, employment, community service or other rehabilitative programs. [Cal. Ed. Code Sec. 48916.] If any of the reasons for expulsion related to controlled substances or alcohol exists, the district may require, as a condition of readmission and with your consent, that your child enroll in a county-supported drug rehabilitation program. [Cal. Ed. Code Sec. 48916.5.]