reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48907.

48907. (a) Pupils of the public schools, including charter schools, shall have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material that so incites pupils as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school.
(b) The governing board or body of each school district or charter school and each county board of education shall adopt rules and regulations in the form of a written publications code, which shall include reasonable provisions for the time, place, and manner of conducting such activities within its respective jurisdiction.
(c) Pupil editors of official school publications shall be responsible for assigning and editing the news, editorial, and feature content of their publications subject to the limitations of this section. However, it shall be the responsibility of a journalism adviser or advisers of pupil publications within each school to supervise the production of the pupil staff, to maintain professional standards of English and journalism, and to maintain the provisions of this section.
(d) There shall be no prior restraint of material prepared for official school publications except insofar as it violates this section. School officials shall have the burden of showing justification without undue delay prior to a limitation of pupil expression under this section.
(e) “Official school publications” refers to material produced by pupils in the journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.
(f) This section does not prohibit or prevent the governing board or body of a school district or charter school from adopting otherwise valid rules and regulations relating to oral communication by pupils upon the premises of each school.
(g) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a pupil engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution.
(Amended by Stats. 2010, Ch. 142, Sec. 2. (SB 438) Effective January 1, 2011.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48908.

48908. All pupils shall comply with the regulations, pursue the required course of study, and submit to the authority of the teachers of the schools.
(Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48909.

48909. When a petition is requested in juvenile court or a complaint is filed in any court alleging that a minor of compulsory school attendance age or any pupil currently enrolled in a public school in a grade to and including grade 12 is a person who (a) has used, sold, or possessed narcotics or other hallucinogenic drugs or substances; (b) has inhaled or breathed the fumes of, or ingested any poison classified as such in Section 4160 of the Business and Professions Code; or (c) has committed felonious assault, homicide, or rape the district attorney may, within 48 hours, provide written notice to the superintendent of the school district of attendance, notwithstanding the provisions of Section 827 of the Welfare and Institutions Code, and to the pupil’s parent or guardian.
(Amended by Stats. 1991, Ch. 1202, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48910.

48910. (a) A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the designee of the principal for appropriate action. If that action requires the continued presence of the pupil at the schoolsite, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a school psychologist may attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal.
(b) A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended.
(c) A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or the designee of the principal for consideration of a suspension from the school.
(Amended by Stats. 2004, Ch. 895, Sec. 10. Effective January 1, 2005.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48911.1.

48911.1. (a) A pupil suspended from a school for any of the reasons enumerated in Sections 48900 and 48900.2 may be assigned, by the principal or the principal’s designee, to a supervised suspension classroom for the entire period of suspension if the pupil poses no imminent danger or threat to the campus, pupils, or staff, or if an action to expel the pupil has not been initiated.
(b) Pupils assigned to a supervised suspension classroom shall be separated from other pupils at the schoolsite for the period of suspension in a separate classroom, building, or site for pupils under suspension.
(c) School districts may continue to claim apportionments for each pupil assigned to and attending a supervised suspension classroom provided as follows:
(1) The supervised suspension classroom is staffed as otherwise provided by law.
(2) Each pupil has access to appropriate counseling services.
(3) The supervised suspension classroom promotes completion of schoolwork and tests missed by the pupil during the suspension.
(4) Each pupil is responsible for contacting the pupil’s teacher or teachers to receive assignments to be completed while the pupil is assigned to the supervised suspension classroom. The teacher shall provide all assignments and tests that the pupil will miss while suspended. If no classroom work is assigned, the person supervising the suspension classroom shall assign schoolwork.
(d) At the time a pupil is assigned to a supervised suspension classroom, a school employee shall notify, in person, by email, or by telephone, the pupil’s parent or guardian, or, if the pupil is a foster child, the foster child’s educational rights holder, attorney, and county social worker, or, if the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the Indian child’s tribal social worker and, if applicable, county social worker. If a pupil is assigned to a supervised suspension classroom for longer than one class period, a school employee shall notify, in writing, the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker.
(e) This section does not place any limitation on a school district’s ability to transfer a pupil to an opportunity school or class or a continuation education school or class.
(f) Apportionments claimed by a school district for pupils assigned to supervised suspension shall be used specifically to mitigate the cost of implementing this section.
(Amended by Stats. 2022, Ch. 400, Sec. 6. (AB 740) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48911.2.

48911.2. (a) If the number of pupils suspended from school during the prior school year exceeded 30 percent of the school’s enrollment, the school should consider doing at least one of the following:
(1) Implement the supervised suspension program described in Section 48911.1.
(2) Implement an alternative to the school’s off-campus suspension program, which involves a progressive discipline approach that occurs during the schoolday on campus, using any of the following activities:
(A) Conferences between the school staff, parents, and pupils.
(B) Referral to the school counselor, psychologist, child welfare attendance personnel, or other school support service staff.
(C) Detention.
(D) Study teams, guidance teams, resource panel teams, or other assessment-related teams.
(b) At the end of the academic year, the school may report to the district superintendent in charge of school support services, or other comparable administrator if that position does not exist, on the rate of reduction in the school’s off-campus suspensions and the plan or activities used to comply with subdivision (a).
(c) It is the intent of the Legislature to encourage schools that choose to implement this section to examine alternatives to off-campus suspensions that lead to resolution of pupil misconduct without sending pupils off campus. Schools that use this section should not be precluded from suspending pupils to an off-campus site.
(Added by Stats. 1994, Ch. 1016, Sec. 3. Effective January 1, 1995.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48911.5.

48911.5. The site principal of a contracting nonpublic, nonsectarian school providing services to individuals with exceptional needs under Sections 56365 and 56366, shall have the same duties and responsibilities with respect to the suspension of pupils with previously identified exceptional needs prescribed for the suspension of pupils under Section 48911.
(Added by Stats. 1985, Ch. 907, Sec. 3. Effective September 23, 1985.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48912.

48912. (a) The governing board may suspend a pupil from school for any of the acts enumerated in Section 48900 for any number of schooldays within the limits prescribed by Section 48903.
(b) Notwithstanding the provisions of Section 35145 of this code and Section 54950 of the Government Code, the governing board of a school district shall, unless a request has been made to the contrary, hold closed sessions if the board is considering the suspension of, disciplinary action against, or any other action against, except expulsion, any pupil, if a public hearing upon that question would lead to the giving out of information concerning a school pupil which would be in violation of Article 5 (commencing with Section 49073) of Chapter 6.5.
(c) Before calling a closed session to consider these matters, the governing board shall, in writing, by registered or certified mail or by personal service, notify the pupil and the pupil’s parent or guardian, or the pupil if the pupil is an adult, of the intent of the governing board to call and hold a closed session. Unless the pupil or the pupil’s parent or guardian shall, in writing, within 48 hours after receipt of the written notice of the board’s intention, request that the hearing be held as a public meeting, the hearing to consider these matters shall be conducted by the governing board in closed session. In the event that a written request is served upon the clerk or secretary of the governing board, the meeting shall be public, except that any discussion at that meeting which may be in conflict with the right to privacy of any pupil other than the pupil requesting the public meeting, shall be in closed session.
(Amended by Stats. 1992, Ch. 1360, Sec. 4. Effective January 1, 1993.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48912.5.

48912.5. The governing board of a school district may suspend a pupil enrolled in a continuation school or class for a period not longer than the remainder of the semester if any of the acts enumerated in Section 48900 occurred. The suspension shall meet the requirements of Section 48915.
(Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48913.

48913. The teacher of any class from which a pupil is suspended may require the suspended pupil to complete any assignments and tests missed during the suspension.
(Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48913.5.

48913.5. (a) Upon the request of a parent, a legal guardian or other person holding the right to make educational decisions for the pupil, or the affected pupil, a teacher shall provide to a pupil in any of grades 1 to 12, inclusive, who has been suspended from school for two or more schooldays the homework that the pupil would otherwise have been assigned.
(b) If a homework assignment that is requested pursuant to subdivision (a) and turned into the teacher by the pupil either upon the pupil’s return to school from suspension or within the timeframe originally prescribed by the teacher, whichever is later, is not graded before the end of the academic term, that assignment shall not be included in the calculation of the pupil’s overall grade in the class.
(Added by Stats. 2019, Ch. 779, Sec. 3. (AB 982) Effective January 1, 2020.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48914.

48914. Each school district is authorized to establish a policy that permits school officials to conduct a meeting with the parent or guardian of a suspended pupil to discuss the causes, the duration, the school policy involved, and other matters pertinent to the suspension.
(Amended by Stats. 1987, Ch. 134, Sec. 6. Effective July 7, 1987.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48915.01.

48915.01. If the governing board of a school district has established a community day school pursuant to Section 48661 on the same site as a comprehensive middle, junior, or senior high school, or at any elementary school, the governing board does not have to meet the condition in paragraph (2) of subdivision (d) of Section 48915 when the board, pursuant to subdivision (f) of Section 48915, refers a pupil to a program of study and that program of study is at the community day school. All the other conditions of subdivision (d) of Section 48915 are applicable to the referral as required by subdivision (f) of Section 48915.
(Added by Stats. 1996, Ch. 937, Sec. 3. Effective September 26, 1996.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48915.2.

48915.2. (a) A pupil expelled from school for any of the offenses listed in subdivision (a) or (c) of Section 48915, shall not be permitted to enroll in any other school or school district during the period of expulsion unless it is a county community school pursuant to subdivision (c) of Section 1981, or a juvenile court school, as described in Section 48645.1, or a community day school pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27.
(b) After a determination has been made, pursuant to a hearing under Section 48918, that an individual expelled from another school district for any act described in subdivision (a) or (c) of Section 48915 does not pose a danger to either the pupils or employees of the school district, the governing board of a school district may permit the individual to enroll in the school district after the term of expulsion, subject to one of the following conditions:
(1) He or she has established legal residence in the school district, pursuant to Section 48200.
(2) He or she is enrolled in the school pursuant to an interdistrict agreement executed between the affected school districts pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
(Amended by Stats. 1995, Ch. 974, Sec. 3. Effective January 1, 1996. Operative July 1, 1996, by Sec. 9 of Ch. 974, which was amended by Stats. 1996, Ch. 937.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48916.5.

48916.5. The governing board may require a pupil who is expelled from school for reasons relating to controlled substances, as defined in Sections 11054 to 11058, inclusive, of the Health and Safety Code, or alcohol, prior to returning to school to enroll in a county-supported drug rehabilitation program. No pupil shall be required to enroll in a rehabilitation program pursuant to this section without the consent of his or her parent or guardian.
(Added by Stats. 1988, Ch. 50, Sec. 1.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48917.

48917. (a) The governing board, upon voting to expel a pupil, may suspend the enforcement of the expulsion order for a period of not more than one calendar year and may, as a condition of the suspension of enforcement, assign the pupil to a school, class, or program that is deemed appropriate for the rehabilitation of the pupil. The rehabilitation program to which the pupil is assigned may provide for the involvement of the pupil’s parent or guardian in his or her child’s education in ways that are specified in the rehabilitation program. A parent or guardian’s refusal to participate in the rehabilitation program shall not be considered in the governing board’s determination as to whether the pupil has satisfactorily completed the rehabilitation program.
(b) The governing board shall apply the criteria for suspending the enforcement of the expulsion order equally to all pupils, including individuals with exceptional needs as defined in Section 56026.
(c) During the period of the suspension of the expulsion order, the pupil is deemed to be on probationary status.
(d) The governing board may revoke the suspension of an expulsion order under this section if the pupil commits any of the acts enumerated in Section 48900 or violates any of the district’s rules and regulations governing pupil conduct. When the governing board revokes the suspension of an expulsion order, a pupil may be expelled under the terms of the original expulsion order.
(e) Upon satisfactory completion of the rehabilitation assignment of a pupil, the governing board shall reinstate the pupil in a school of the district and may also order the expungement of any or all records of the expulsion proceedings.
(f) A decision of the governing board to suspend an expulsion order does not affect the time period and requirements for the filing of an appeal of the expulsion order with the county board of education required under Section 48919. Any appeal shall be filed within 30 days of the original vote of the governing board.
(Amended by Stats. 1995, Ch. 95, Sec. 1. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48918.1.

48918.1. (a) If the decision is expulsion and the pupil is a foster child, as defined in Section 48853.5, the governing board of the school district shall provide notice of the expulsion hearing to the pupil’s educational rights holder, attorney, and county social worker at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call.
(b) (1) If the decision to recommend expulsion is a discretionary act and the pupil is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, the governing board of the school district shall provide notice of the expulsion hearing to the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call.
(2) If a recommendation of expulsion is required and the pupil is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, the governing board of the school district may provide notice of the expulsion hearing to the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call.
(c) If the decision is expulsion and the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the governing board of the school district shall provide notice of the expulsion hearing to the pupil’s tribal social worker and, if applicable, county social worker at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call.
(Amended by Stats. 2022, Ch. 400, Sec. 8. (AB 740) Effective January 1, 2023.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48918.5.

48918.5. In expulsion hearings involving allegations brought pursuant to subdivision (n) of Section 48900, the governing board of each school district shall establish rules and regulations governing procedures. The procedures shall include, but are not limited to, all of the following:
(a) At the time that the expulsion hearing is recommended, the complaining witness shall be provided with a copy of the applicable disciplinary rules and advised of his or her right to: (1) receive five days’ notice of the complaining witness’s scheduled testimony at the hearing, (2) have up to two adult support persons of his or her choosing, present in the hearing at the time he or she testifies; and (3) to have the hearing closed during the time they testify pursuant to subdivision (c) of Section 48918.
(b) An expulsion hearing may be postponed for one schoolday in order to accommodate the special physical, mental, or emotional needs of a pupil who is the complaining witness where the allegations arise under subdivision (n) of Section 48900.
(c) The district shall provide a nonthreatening environment for a complaining witness in order to better enable them to speak freely and accurately of the experiences that are the subject of the expulsion hearing, and to prevent discouragement of complaints. Each school district shall provide a room separate from the hearing room for the use of the complaining witness prior to and during breaks in testimony. In the discretion of the person conducting the hearing, the complaining witness shall be allowed reasonable periods of relief from examination and cross-examination during which he or she may leave the hearing room. The person conducting the hearing may arrange the seating within the hearing room of those present in order to facilitate a less intimidating environment for the complaining witness. The person conducting the hearing may limit the time for taking the testimony of a complaining witness to the hours he or she is normally in school, if there is no good cause to take the testimony during other hours. The person conducting the hearing may permit one of the complaining witness’s support persons to accompany him or her to the witness stand.
(d) Whenever any allegation is made of conduct violative of subdivision (n) of Section 48900, complaining witnesses and accused pupils are to be advised immediately to refrain from personal or telephonic contact with each other during the pendency of any expulsion process.
(Added by Stats. 1996, Ch. 915, Sec. 6. Effective January 1, 1997.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48918.6.

48918.6. In addition to any other immunity that may exist, any testimony provided by a pupil witness in an expulsion hearing conducted pursuant to this article is expressly deemed to be a communication protected by subdivision (b) of Section 47 of the Civil Code.
(Added by Stats. 2002, Ch. 136, Sec. 1. Effective January 1, 2003.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48919.

48919. If a pupil is expelled from school, the pupil or the pupil’s parent or guardian may, within 30 days following the decision of the governing board to expel, file an appeal to the county board of education which shall hold a hearing thereon and render its decision.
The county board of education, or in a class 1 or class 2 county a hearing officer or impartial administrative panel, shall hold the hearing within 20 schooldays following the filing of a formal request under this section. If the county board of education hears the appeal without a hearing conducted pursuant to Section 48919.5, then the board shall render a decision within three schooldays of the hearing conducted pursuant to Section 48920, unless the pupil requests a postponement.
The period within which an appeal is to be filed shall be determined from the date a governing board votes to expel even if enforcement of the expulsion action is suspended and the pupil is placed on probation pursuant to Section 48917. A pupil who fails to appeal the original action of the board within the prescribed time may not subsequently appeal a decision of the board to revoke probation and impose the original order of expulsion.
The county board of education shall adopt rules and regulations establishing procedures for expulsion appeals conducted under this section. If the county board of education in a class 1 or class 2 county elects to use the procedures in Section 48919.5, then the board shall adopt rules and regulations establishing procedures for expulsion appeals conducted under Section 48919.5. The adopted rules and regulations shall include, but need not be limited to, the requirements for filing a notice of appeal, the setting of a hearing date, the furnishing of notice to the pupil and the governing board regarding the appeal, the furnishing of a copy of the expulsion hearing record to the county board of education, procedures for the conduct of the hearing, and the preservation of the record of the appeal.
The pupil shall submit a written request for a copy of the written transcripts and supporting documents from the school district simultaneously with the filing of the notice of appeal with the county board of education. The school district shall provide the pupil with the transcriptions, supporting documents, and records within 10 schooldays following the pupil’s written request. Upon receipt of the records, the pupil shall immediately file suitable copies of these records with the county board of education.
(Amended by Stats. 2000, Ch. 147, Sec. 1. Effective January 1, 2001.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48919.5.

48919.5. (a) A county board of education in a class 1 or class 2 county may have a hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Title 3 of the Government Code, or an impartial administrative panel of three or more certificated persons appointed by the county board of education, hear appeals filed pursuant to Section 48919. The members of the impartial administrative panel shall not be members of the governing board of the school district nor employees of the school district, from which the pupil filing the appeal was expelled. Neither the hearing officer, nor any member of the administrative panel, hearing a pupil’s appeal shall have been the hearing officer or a member of the administrative panel that conducted the pupil’s expulsion hearing.
(b) A hearing conducted pursuant to this section shall not issue a final order of the county board. The hearing officer or impartial administrative panel shall prepare a recommended decision, including any findings or conclusions required for that decision, and shall submit that recommendation and the record to the county board of education within three schooldays of hearing the appeal.
(c) Sections 48919, 48920, 48921, 48922, 48923, and 48925 are applicable to a hearing conducted pursuant to this section.
(d) Within 10 schooldays of receiving the recommended decision and record from the hearing officer or the impartial administrative panel, the county board of education shall review the recommended decision and record and render a final order of the board.
(e) For purposes of this article, the following definitions shall apply:
(1) “Countywide ADA” means the aggregate number of annual units of regular average daily attendance for the fiscal year in all school districts within the county.
(2) “Class 1 county” means a county with 1994/95 countywide ADA of more than 500,000.
(3) “Class 2 county” means a county with 1994/95 countywide ADA of at least 180,000 but less than 500,000.
(Added by Stats. 1997, Ch. 417, Sec. 3. Effective January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48920.

48920. Notwithstanding the provisions of Section 54950 of the Government Code and Section 35145 of this code, the county board of education shall hear an appeal of an expulsion order in closed session, unless the pupil requests, in writing, at least five days prior to the date of the hearing, that the hearing be conducted in a public meeting. Upon the timely submission of a request for a public meeting, the county board of education shall be required to honor the request. Whether the hearing is conducted in closed or public session, the county board may meet in closed session for the purpose of deliberations. If the county board admits any representative of the pupil or the school district, the board shall, at the same time, admit representatives from the opposing party.
(Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48921.

48921. The county board of education shall determine the appeal from a pupil expulsion upon the record of the hearing before the district governing board, together with such applicable documentation or regulations as may be ordered. No evidence other than that contained in the record of the proceedings of the school board may be heard unless a de novo proceeding is granted as provided in Section 48923.
It shall be the responsibility of the pupil to submit a written transcription for review by the county board. The cost of the transcript shall be borne by the pupil except in either of the following situations:
(1) Where the pupil’s parent or guardian certifies to the school district that he or she cannot reasonably afford the cost of the transcript because of limited income or exceptional necessary expenses, or both.
(2) In a case in which the county board reverses the decision of the local governing board, the county board shall require that the local board reimburse the pupil for the cost of such transcription.
(Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48922.

48922. (a) The review by the county board of education of the decision of the governing board shall be limited to the following questions:
(1) Whether the governing board acted without or in excess of its jurisdiction.
(2) Whether there was a fair hearing before the governing board.
(3) Whether there was a prejudicial abuse of discretion in the hearing.
(4) Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board.
(b) As used in this section, a proceeding without or in excess of jurisdiction includes, but is not limited to, a situation where an expulsion hearing is not commenced within the time periods prescribed by this article, a situation where an expulsion order is not based upon the acts enumerated in Section 48900, or a situation involving acts not related to school activity or attendance.
(c) For purposes of this section, an abuse of discretion is established in any of the following situations:
(1) If school officials have not met the procedural requirements of this article.
(2) If the decision to expel a pupil is not supported by the findings prescribed by Section 48915.
(3) If the findings are not supported by the evidence.
A county board of education may not reverse the decision of a governing board to expel a pupil based upon a finding of an abuse of discretion unless the county board of education also determines that the abuse of discretion was prejudicial.
(Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48923.

48923. The decision of the county board shall be limited as follows:
(a) If the county board finds that relevant and material evidence exists which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board, it may do either of the following:
(1) Remand the matter to the governing board for reconsideration and may in addition order the pupil reinstated pending the reconsideration.
(2) Grant a hearing de novo upon reasonable notice thereof to the pupil and to the governing board. The hearing shall be conducted in conformance with the rules and regulations adopted by the county board under Section 48919.
(b) If the county board determines that the decision of the governing board is not supported by the findings required to be made by Section 48915, but evidence supporting the required findings exists in the record of the proceedings, the county board shall remand the matter to the governing board for adoption of the required findings. This remand for the adoption and inclusion of the required findings shall not result in an additional hearing pursuant to Section 48918, except that final action to expel the pupil based on the revised findings of fact shall meet all requirements of subdivisions (j) and (k) of Section 48918.
(c) In all other cases, the county board shall enter an order either affirming or reversing the decision of the governing board. In any case in which the county board enters a decision reversing the local board, the county board may direct the local board to expunge the record of the pupil and the records of the district of any references to the expulsion action and the expulsion shall be deemed not to have occurred.
(Amended by Stats. 2000, Ch. 147, Sec. 2. Effective January 1, 2001.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48924.

48924. The decision of the county board of education shall be final and binding upon the pupil and upon the governing board of the school district. The pupil and the governing board shall be notified of the final order of the county board, in writing, either by personal service or by certified mail. The order shall become final when rendered.
(Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48925.

48925. As used in this article:
(a) “Day” means a calendar day unless otherwise specifically provided.
(b) “Expulsion” means removal of a pupil from (1) the immediate supervision and control, or (2) the general supervision, of school personnel, as those terms are used in Section 46300.
(c) “Schoolday” means a day upon which the schools of the district are in session or weekdays during the summer recess.
(d) “Suspension” means removal of a pupil from ongoing instruction for adjustment purposes. However, “suspension” does not mean any of the following:
(1) Reassignment to another education program or class at the same school where the pupil will receive continuing instruction for the length of day prescribed by the governing board for pupils of the same grade level.
(2) Referral to a certificated employee designated by the principal to advise pupils.
(3) Removal from the class, but without reassignment to another class or program, for the remainder of the class period without sending the pupil to the principal or the principal’s designee as provided in Section 48910. Removal from a particular class shall not occur more than once every five schooldays.
(e) “Pupil” includes a pupil’s parent or guardian or legal counsel.
(Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1 - Suspension or Expulsion › Section 48926.

48926. Each county superintendent of schools in counties that operate community schools pursuant to Section 1980, in conjunction with superintendents of the school districts within the county, shall develop a plan for providing education services to all expelled pupils in that county. The plan shall be adopted by the governing board of each school district within the county and by the county board of education.
The plan shall enumerate existing educational alternatives for expelled pupils, identify gaps in educational services to expelled pupils, and strategies for filling those service gaps. The plan shall also identify alternative placements for pupils who are expelled and placed in district community day school programs, but who fail to meet the terms and conditions of their rehabilitation plan or who pose a danger to other district pupils, as determined by the governing board.
Each county superintendent of schools, in conjunction with the superintendents of the school districts, shall submit to the Superintendent of Public Instruction the county plan for providing educational services to all expelled pupils in the county no later than June 30, 1997, and shall submit a triennial update to the plan to the Superintendent of Public Instruction, including the outcome data pursuant to Section 48916.1, on June 30th thereafter.
(Added by Stats. 1995, Ch. 974, Sec. 8. Effective January 1, 1996. Operative July 1, 1996, by Sec. 9 of Ch. 974, which was amended by Stats. 1996, Ch. 937.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 1.5 - Transfer of Pupil Convicted of Violent Felony or Misdemeanor › Section 48929.

48929. Notwithstanding any other law, the governing board of a school district may transfer to another school in that school district a pupil enrolled in that school district who has been convicted of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, or convicted of a misdemeanor listed in Section 29805 of the Penal Code if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, subject to satisfaction of both of the following conditions:
(a) The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions:
(1) A requirement that the pupil and pupil’s parent or guardian be notified of the right to request a meeting with the school principal or designee of the school or school district.
(2) A requirement that the school first attempt to resolve the conflict before transferring a pupil, including, but not limited to, using restorative justice, counseling, or other services.
(3) Whether the decision to transfer a pupil is subject to periodic review and the procedure for conducting the review.
(4) The process to be used by the governing board of the school district to consider and approve or disapprove of the recommendation of the school principal or other school or school district designee to transfer the pupil.
(b) The governing board of the school district has provided notice of the policy to parents or guardians as part of the annual notification required pursuant to Section 48980.
(Added by Stats. 2016, Ch. 154, Sec. 1. (SB 1343) Effective January 1, 2017.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 2 - Student Organizations › Section 48930.

48930. Any group of students may organize a student body association within the public schools with the approval and subject to the control and regulation of the governing board of the school district. Any such organization shall have as its purpose the conduct of activities on behalf of the students approved by the school authorities and not in conflict with the authority and responsibility of the public school officials. Any student body organization may be granted the use of school premises and properties without charge subject to such regulations as may be established by the governing board of the school district.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 6 - Pupil Rights and Responsibilities › ARTICLE 2 - Student Organizations › Section 48931.

48931. The governing board of any school district or any county office of education may authorize any pupil or adult entity or organization to sell food on school premises, subject to policy and regulations of the State Board of Education. The State Board of Education shall develop policy and regulations for the sale of food by any pupil or adult entity or organization, or any combination thereof, which shall ensure optimum participation in the school district’s or the county office of education’s nonprofit food service programs and shall be in consideration of all programs approved by the governing board of any school district or any county office of education. The policy and regulations shall be effective the first of the month following adoption by the State Board of Education.
Nothing in this section shall be construed as exempting from the California Uniform Retail Food Facilities Law (Chapter 4 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code), food sales that are authorized pursuant to this section and that would otherwise be subject to the California Uniform Retail Food Facilities Law.
(Amended by Stats. 1996, Ch. 1023, Sec. 40. Effective September 29, 1996.)