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(8.26) If, after the manifestation determination or 504 meeting, the team recommends a student for expulsion (and you choose not to challenge the recommendation through due process), what are the procedures for the expulsion hearing and for any appeals?

(8.26) If, after the manifestation determination or 504 meeting, the team recommends a student for expulsion (and you choose not to challenge the recommendation through due process), what are the procedures for the expulsion hearing and for any appeals?

If the IEP team recommends a referral for expulsion, the district must then hold an expulsion hearing. The hearing must be scheduled to be held within thirty days after the decision to expel the student is made. [Cal. Ed. Code Sec. 48918.] Once scheduled, you have the right to automatically postpone the expulsion hearing for up to 30 days to adequately prepare. [Cal. Ed. Code Sec. 48918(a).] You should attend the hearing, with experts and supporters, to provide arguments against expulsion (usually the same arguments that were presented at the manifestation determination meeting).

A full discussion of the procedures governing expulsion hearings and for any appeals of the results of those hearings is beyond the scope of this manual. You should consult California Education Code Sections 48918 – 48926 for more information, as well as your district policies for expulsion hearings.