EXPULSION

Expulsion

Unless the Superintendent, or principal determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct, he/she shall align recommendations per the California Education Code as outlined by the California Department of Education.

Recommend Expulsion (Mandatory)
Education Code (EC) 48915(c)

Act must be committed at school or school activity.

1. Firearm:
2. Possessing firearm when a district employee verified firearm possession and when student did not have prior written permission from a certificated employee which is concurred with by the principal or designee.

• Selling or otherwise furnishing a firearm.
• Brandishing a knife at another person.

1. Unlawfully selling a controlled substance listed in Health and Safety CodeSection 11053 et. seq.
2. Committing or attempting to commit a sexual assault as defined in subdivision (n) of EC 48900 or committing sexual battery as defined in subdivision (n) of 48900.
3. Possession of an explosive.

Shall Recommend Expulsion Unless Particular Circumstances Render Inappropriate (Expulsion Expected)

Act must be committed at school or school activity.

EC Section 48915 (a) states that an administrator shall recommend expulsion for the following violations [except for subsections (c) and (e)] unless the administrator finds that expulsion is inappropriate due to a particular circumstance.

1. Causing serious physical injury to another person, except in self-defense. ECSection 48915 (a)(1).
2. Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil. ECSection 48915 (a)(2).
3. Possession and/or use of any substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of theHealth and Safety Code, except for the first offense for possession of not more than one avoirdupois ounce of marijuana other than concentrated cannabis.
4. Robbery or extortion.EC Section 48915 (a)(4).
5. Assault or battery, or threat of, on a school employee.

The recommendation for expulsion shall be based on 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 [see Section 48915 (b)].

May Recommend Expulsion (Discretionary)

Acts committed at school or school activity or on the way to and from school or school activity.

1. Inflicted physical injury†
2. Possessed dangerous objects
3. Possessed drugs or alcohol   (policy determines which offense)
4. Sold look alike substance representing drugs or alcohol
5. Committed robbery/extortion
6. Caused damage to property‡
7. Committed theft
8. Used tobacco (policy determines which offense)
9. Committed obscenity/profanity/vulgarity
10. Possessed or sold drug paraphernalia
11. Pupil's presence causes a danger to persons or property, or threatens to disrupt the instructional process. (EC48900.5)
12. Received stolen property
13. Possessed imitation firearm
14. Committed sexual harassment
15. Harassed, threatened or intimidated a student witness
16. Sold prescription drug Soma
17. Committed hazing
18. Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.

The recommendation for expulsion shall be based on 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 [see Section 48915 (b)].

† Section 48900 (s) (Statutes of 2001) states a pupil who aids or abets in infliction of physical injury to another, as defined inPenal Code 31, may suffer suspension, but not expulsion. However, if a student is adjudged by a court to have caused, attempted to cause, or threatened personal injury, the student may be expelled.

‡ Section 48900 (t) "school property" includes, but is not limited to, electronic files and databases.

http://www.cde.ca.gov/ls/ss/se/expulsionrecomm.asp
Accessed July 27, 2016. Updated based on Suspension & Expulsion Presentation at Elementary Principal Meeting on September 7, 2016.