Administrator Recommendation of Expulsion Matrix

Expulsion is the most serious disciplinary action that a school administrator may recommend and which a school district may impose on a student. Expulsion can only occur by action of the school district governing board, but administrators have an important role in determinations about recommending expulsion. California Education Code (EC) Section 48918 provides extensive rules governing expulsion procedures, notice, and hearing. These include that, if an administrator does recommend expulsion for a specified offense, a student is entitled to a hearing within 30 school days after that determination, unless the student, parents, or guardians request in writing that the hearing be postponed.

EC Section 48900(s) provides as follows:

A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district 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 a school activity or school attendance that occur at any time, including, but not limited to, any of the following:

(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored activity.

A school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts shall be based on a finding of one or both of the following:

(1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

EC sections 48900(v) and (w) encourage other means of correction, rather than suspension or expulsion, to be used to bring about proper conduct as part of a Multi-Tiered System of Supports (MTSS). This MTSS includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, which may be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community. EC Section 48320 provides for the establishment and use of School Attendance Review Boards (SARBs) as an appropriate means to meet the special needs of pupils with school behavior problems and/or attendance problems. EC Section 48263 also includes referral to a SARB for students who are habitually insubordinate or disorderly during attendance at school. EC Section 48900.5 lists many other means of correction that may be documented prior to a suspension or expulsion recommendation.

EC sections 48900(c) and (d) provide that pupils who voluntarily disclose their use of a controlled substance, alcohol, or an intoxicant of any kind, or a tobacco product, in order to seek help through services or supports shall not be suspended solely for that disclosure.

Welfare and Institutions Code Section 654(d) provides that, a probation officer with consent of the minor and the minor’s parent or guardian may refer an offense to a youth, peer, or teen court established and maintained by the probation officer or by a community-based organization, Indian tribe, tribal court, or private or public agency, to implement restorative justice practices designed to enable peer youth jurors to hear cases and make dispositions for offenses committed by youths. Such referral offenses may include, but are not limited to, infractions or misdemeanors specified in subdivisions (a) to (v), inclusive, of EC Section 48900, or for any other violation the probation officer may determine appropriate for referral. This provision shall be implemented consistent with subdivision (w) of EC Section 48900.

It is also notable that EC Section 48917 authorizes the local governing board, at any time following voting to expel a pupil, to suspend the enforcement of the expulsion order and assign the pupil to a school, class, or program that is deemed appropriate for the rehabilitation of the pupil. During the period of the suspension of the expulsion order, the pupil is deemed to be on probationary status.