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(8.4) What behaviors require the school district to recommend a student be expelled?

(8.4) What behaviors require the school district to recommend a student be expelled?

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 he finds that expulsion is inappropriate due to the particular circumstance):

  1.  Causing serious physical injury to another, except in self-defense;
  2.  Possession of any knife, explosive, or other dangerous object of no reasonable use;
  3.  Unlawful possession of a controlled substance;
  4.  Robbery or extortion; or
  5.  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:

  1.  Other means of correction are not feasible or have failed repeatedly; or
  2.  The student’s presence causes a continuing danger to the physical safety of the student or others. [Cal. Ed. Code Sec. 48915(b).]

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:

  1. Possessing, selling or furnishing a firearm;
  2. Brandishing a knife at another person;
  3. Selling a controlled substance;
  4. Committing or attempting a sexual assault or committing a sexual battery; or
  5. Possessing an explosive.

The governing school board must order the pupil expelled upon a finding that the pupil committed one of these acts. [Cal. Educ. Code Sec. 48915(d).] 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.