5144.1 BP - Suspension and Expulsion/Due Process

Students  
Board Policy No. 5144.1
Policy Adopted:  February 5, 2015
Policy Revised: January 30, 2025

SUSPENSION AND EXPULSION/DUE PROCESS

The Governing Board desires to provide district students access to educational opportunities in an orderly school environment that protects their safety and security, ensures their welfare and well-being, and promotes their learning and development. The Board shall develop rules and regulations setting the standards of behavior expected of district students and the disciplinary processes and procedures for addressing violations of those standards, including suspension and/or expulsion. 

The grounds for suspension and expulsion and the procedures for considering, recommending, and/or implementing suspension and expulsion shall be only those specified in law, in this policy, and in the accompanying administrative regulation. 

Except when otherwise permitted by law, a student may be suspended or expelled only when the behavior is related to a school activity or school attendance occurring within any district school or another school district, regardless of when it occurs, including, but not limited to, the following: (Education Code 48900(s)) 

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

District staff shall enforce the rules concerning suspension and expulsion of students fairly, consistently, equally, and in accordance with the district's nondiscrimination policies. 

Appropriate Use of Suspension Authority 

Except when a student's act violates Education Code 48900(a)-(e), as listed in Items #1-5 under "Grounds for Suspension and Expulsion: Grades K-12" of the accompanying administrative regulation, or when the student's 
presence causes a danger to others, suspension shall be used only when other means of correction have failed to bring about proper conduct. (Education Code 48900.5, 48900.6) 

A student's parents/guardians shall be notified as soon as possible when there is an escalating pattern of misbehavior that could lead to on-campus or off-campus suspension.  

No student may be suspended for disruption or willful defiance, except by a teacher pursuant to Education Code 48910. (Education Code 48900) 
Students shall not be suspended or expelled based solely on a student's truancy, tardiness, or absenteeism from assigned school activities. (Education Code 48900) 

On-Campus Suspension 

To ensure the proper supervision and ongoing learning of students who are suspended for any of the reasons enumerated in Education Code 48900 and 48900.2, but who pose no imminent danger or threat to anyone at school and for whom expulsion proceedings have not been initiated, the Superintendent or designee shall establish a supervised suspension classroom program which meets the requirements of law. 

Except where a supervised suspension is permitted by law for a student's first offense, supervised suspension shall be imposed only when other means of correction have failed to bring about proper conduct. (Education Code 48900.5) 

Authority to Expel 

A student may be expelled only by the Board. (Education Code 48918(j)) 

As required by law, the Superintendent or principal shall recommend expulsion and the Board shall expel any student found to have committed any of the following "mandatory recommendation and mandatory expulsion" acts at school or at a school activity off school grounds: (Education Code 48915) 

1. Possessing a firearm which is not an imitation firearm, as verified by a certificated employee, unless the student had obtained prior written permission to possess the item from a certificated school employee, with the principal or designee's concurrence 

2. Selling or otherwise furnishing a firearm 

3. Brandishing a knife at another person 

4. Unlawfully selling a controlled substance listed in Health and Safety Code 11053-11058 

5. Committing or attempting to commit a sexual assault as defined in Penal Code 261, 266c, 286, 287, 288, or 289, or former 288a, or committing a sexual battery as defined in Penal Code 243.4 

6. Possessing an explosive as defined in 18 USC 921 

For all other violations listed in the accompanying administrative regulation, the Superintendent or principal shall have the discretion to recommend expulsion of a student. If expulsion is recommended, the Board shall order the student expelled only if it makes a finding of either or both of the following: (Education Code 48915(b) and (e)) 

1. That other means of correction are not feasible or have repeatedly failed to bring about proper conduct 

2. That due to the nature of the violation, the presence of the student causes a continuing danger to the physical safety of the student or others 
A vote to expel a student shall be taken in an open session of a Board meeting. (Education Code 48918(j))

The Board may vote to suspend the enforcement of the expulsion order pursuant to the requirements of law and the accompanying administrative regulation. (Education Code 48917) 

No student shall be expelled for disruption or willful defiance. (Education Code 48900) 

No child enrolled in a preschool program shall be expelled or unenrolled except under limited circumstances in accordance with Education Code 8489.1 and as specified in Administrative Regulation 5148.3 - Preschool/Early Childhood Education. 

Due Process 

The Board shall provide for the fair and equitable treatment of students facing suspension and/or expulsion by affording the students due process rights under the law. The Superintendent or designee shall comply with procedures for notices, hearings, and appeals as specified in law and administrative regulation. (Education Code 48911, 48915, 48915.5, 48918)
 
Maintenance and Monitoring of Outcome Data 

The Superintendent or designee shall maintain outcome data related to student suspensions and expulsions in accordance with Education Code 48900.8 and 48916.1, including, but not limited to, the number of students recommended for expulsion, the grounds for each recommended expulsion, the actions taken by the Board, the types of referral made after each expulsion, and the disposition of the students after the expulsion period. For any expulsion that involves the possession of a firearm, such data shall include the name of the school and the type of firearm involved, as required pursuant to 20 USC 7961. Suspension and expulsion data shall be reported to the Board annually and to the California Department of Education when so required.  

In presenting the report to the Board, the Superintendent or designee shall disaggregate data on suspensions and expulsions by school and by numerically significant student subgroups, including, but not limited to, ethnic subgroups, socioeconomically disadvantaged students, English learners, long-term English learners, students with disabilities, foster youth, and homeless students. Based on the data, the Board shall address any identified disparities in the imposition of student discipline and shall determine whether and how the district is meeting its goals for improving school climate as specified in its local control and accountability plan. 

Policy Reference Disclaimer: 
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy. 
State References, Description 
Civ. Code 47 Privileged communication 
Civ. Code 48.8 Defamation liability 
Code of Civil Procedure 1985-1997 Production of evidence; means of production
Ed. Code 17292.5 Program for expelled students; facilities 

State References Description 
Ed. Code 1981-1983 Enrollment of students in community school
Ed. Code 212.5 Sexual harassment 
Ed. Code 233 Hate violence 
Ed. Code 32260-32262 Interagency School Safety Demonstration Act of 1985
Ed. Code 35145 Open board meetings 
Ed. Code 35146 Closed sessions regarding suspensions 
Ed. Code 35291 Rules for government and discipline of schools
Ed. Code 35291.5 Rules and procedures on school discipline
Ed. Code 48645.5 Former juvenile court school students; enrollment
Ed. Code 48660-48666 Community day schools 
Ed. Code 48853-48853.5 Foster youth 
Ed. Code 48900-48927 Suspension and expulsion 
Ed. Code 48950 Speech and other communication 
Ed. Code 48980 Parent/Guardian notifications 
Ed. Code 49073-49079 Privacy of student records 
Ed. Code 52052 Numerically significant student subgroups
Ed. Code 52059.5-52077 Local control and accountability plan 
Ed. Code 64000-64001 Consolidated application 
Ed. Code 8489-8489.1 Prohibition against expulsion of preschool student
Gov. Code 11455.20 Informal hearing procedures 
Gov. Code 54950-54963 The Ralph M. Brown Act 
H&S Code 11014.5 Drug paraphernalia 
H&S Code 11053-11059 Controlled substances; standards and schedules
Lab. Code 230.7 Employee time off to appear in school on behalf of a child
Pen. Code 240 Assault defined 
Pen. Code 241.2 Assault fines 
Pen. Code 242 Battery defined 
Pen. Code 243.2 Battery on school property 
Pen. Code 243.4 Sexual battery 
Pen. Code 245 Assault with deadly weapon 
Pen. Code 245.6 Hazing 
Pen. Code 261 Rape defined 
Pen. Code 266c Unlawful sexual intercourse 
Pen. Code 286 Sodomy defined 
Pen. Code 287 Oral Copulation 
Pen. Code 288 Lewd or lascivious acts with child under age 14
Pen. Code 289 Penetration of genital or anal openings 
Pen. Code 31 Principal of a crime; defined 
Pen. Code 417.27 Laser pointers 
Pen. Code 422.55 Definition of hate crime 

State References, Description 
Pen. Code 422.6 Crimes; harassment 
Pen. Code 422.7 Aggravating factors for punishment 
Pen. Code 422.75 Enhanced penalties for hate crimes 
Pen. Code 626.10 Dirks, daggers, knives, razors, or stun guns
Pen. Code 626.2Entry upon campus after written notice of suspension or dismissal without permission 
Pen. Code 626.9 Gun-Free School Zone Act of 1995 
Pen. Code 868.5 Supporting person; attendance during testimony of witness
W&I Code 224.1 Indian child; definition 
W&I Code 729.6 Counseling 

Federal References Description 
18 USC 921 Definitions; firearms and ammunition 
20 USC 1415(K) Students with disabilities; placement in alternative educational setting
20 USC 7961 Gun-Free Schools Act 
42 USC 11431-11435 Education of homeless children and youths 

Management Resources References, Description 
Attorney General Opinion 80 Ops.Cal.Atty.Gen. 348 (1997) 
Attorney General Opinion 80 Ops.Cal.Atty.Gen. 85 (1997) 
Attorney General Opinion 80 Ops.Cal.Atty.Gen. 91 (1997) 
Attorney General Opinion 84 Ops.Cal.Atty.Gen. 146 (2001) 
Board of Education of Sacramento City Unified School District v. 
Court Decision Board of Education of Sacramento City Unified School District v. Sacramento County Board of Education and Kenneth H. (2001) 85 Cal.App.4th 1321
Court Decision, Fremont Union High School District v. Santa Clara County Board (1991) 235 Cal. App. 3d 1182 
Court Decision Garcia v. Los Angeles Board of Education (1981) 123 Cal. App. 3d 807
Court Decision John A. v. San Bernardino School District (1982) 33 Cal. 3d 301
Court Decision T.H. v. San Diego Unified School District (2004) 122 Cal. App. 4th 1267
Court Decision Woodbury v. Dempsey (2003) 108 Cal. App. 4th 421
U.S. DOE & U.S. DOJ Civil Rights Divisions Pub Resource on Confronting Racial Discrimination in Student Discipline, May 2023 
U.S. DOE Publication School Climate and Student Discipline Resources
U.S. DOE Publication Guiding Principles for Creating Safe, Inclusive, Supportive, and Fair School Climates, March 2023 
Website CSBA District and County Office of Education Legal Services
Website U.S. Department of Education, Office of Safe and Healthy Students
Website California Attorney General's Office 
Website California Department of Education 
Website CSBA 
Website U.S. Department of Education, Office for Civil Rights 6

Cross References, Description 
0450 Comprehensive Safety Plan 
0450 Comprehensive Safety Plan 
0460 Local Control And Accountability Plan 
0460 Local Control And Accountability Plan 
1114 District-Sponsored Social Media 
1114 District-Sponsored Social Media 
1312.3 Uniform Complaint Procedures 
1312.3 Uniform Complaint Procedures 
1312.3-E(1) Uniform Complaint Procedures 
1312.3-E(2) Uniform Complaint Procedures 
1313 Civility 
3513.3 Tobacco-Free Schools 
3513.3 Tobacco-Free Schools 
3513.4 Drug And Alcohol Free Schools 
3515 Campus Security 
3515 Campus Security 
3515.21 Unmanned Aircraft Systems (Drones) 
3515.3 District Police/Security Department 
3515.3 District Police/Security Department 
3515.31 School Resource Officers 
3515.4 Recovery For Property Loss Or Damage
3515.4 Recovery For Property Loss Or Damage
3516.2 Bomb Threats 
4158 Employee Security 
4158 Employee Security 
4258 Employee Security 
4258 Employee Security 
4358 Employee Security 
4358 Employee Security 
5000 Concepts And Roles 
5112.1 Exemptions From Attendance 
5112.1 Exemptions From Attendance 
5112.5 Open/Closed Campus 
5113 Absences And Excuses 
5113 Absences And Excuses 
5113.1 Chronic Absence And Truancy 
5113.1 Chronic Absence And Truancy 
5113.11 Attendance Supervision 
5116.2 Involuntary Student Transfers 
5117 Interdistrict Attendance 

Cross References, Description 
5117 Interdistrict Attendance 
5119 Students Expelled From Other Districts 
5125 Student Records 
5125 Student Records 
5125.2 Withholding Grades, Diploma Or Transcripts
5131 Conduct 
5131.1 Bus Conduct 
5131.1 Bus Conduct 
5131.2 Bullying 
5131.2 Bullying 
5131.4 Student Disturbances 
5131.4 Student Disturbances 
5131.5 Vandalism And Graffiti 
5131.6 Alcohol And Other Drugs 
5131.6 Alcohol And Other Drugs 
5131.62 Tobacco 
5131.62 Tobacco 
5131.63 Steroids 
5131.63 Steroids 
5131.7 Weapons And Dangerous Instruments 
5131.7 Weapons And Dangerous Instruments 
5137 Positive School Climate 
5138 Conflict Resolution/Peer Mediation 
5142 Safety 
5142 Safety 
5144 Discipline 
5144 Discipline 
5144.2 Suspension And Expulsion/Due Process (Students With Disabilities)
5144.4 Required Parental Attendance 
5144.4 Required Parental Attendance 
5145.12 Search And Seizure 
5145.12 Search And Seizure 
5145.2 Freedom Of Speech/Expression 
5145.2 Freedom Of Speech/Expression 
5145.3 Nondiscrimination/Harassment 
5145.3 Nondiscrimination/Harassment 
5145.6 Parent/Guardian Notifications 
5145.6-E(1) Parent/Guardian Notifications 
5145.7 Sex Discrimination and Sex-Based Harassment
5145.7 Sex Discrimination and Sex-Based Harassment 

Cross References, Description 
5145.71 Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures 
5145.71-E(1) Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures 
5145.9 Hate-Motivated Behavior 
5148.3 Preschool/Early Childhood Education 
5148.3 Preschool/Early Childhood Education 
6145 Extracurricular And Cocurricular Activities
6145 Extracurricular And Cocurricular Activities
6145.2 Athletic Competition 
6145.2 Athletic Competition 
6145.5 Student Organizations And Equal Access 
6145.5 Student Organizations And Equal Access 
6145.8 Assemblies And Special Events 
6153 School-Sponsored Trips 
6153 School-Sponsored Trips 
6154 Homework/Makeup Work 
6158 Independent Study 
6158 Independent Study 
6161.2 Damaged Or Lost Instructional Materials 
6163.4 Student Use Of Technology 
6163.4-E(1) Student Use Of Technology 
6164.6 Identification And Education Under Section 504
6164.6 Identification And Education Under Section 504
6173 Education For Homeless Children 
6173 Education For Homeless Children 
6173-E(1) Education For Homeless Children 
6173-E(2) Education For Homeless Children 
6173.1 Education For Foster Youth 
6173.1 Education For Foster Youth 
6173.4 Education For American Indian Students 
6184 Continuation Education 
6184 Continuation Education 
6185 Community Day School 
6185 Community Day School 
9000 Role Of The Board 
9321 Closed Session 
9321-E(1) Closed Session 
9321-E(2) Closed Session 
9322 Agenda/Meeting Materials 
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