How Long Can A School Expulsion Go? Q & A

By Michelle Ball, California Education Attorney for Students since 1995

Many times when a public school student faces expulsion, there is confusion about what this means and how long an expulsion may continue.  Some questions and answers relevant to the length of expulsions in the public school setting, (high school or below) may be helpful to parents.

Is expulsion permanent?  

No.  There is always a listed end date in the expulsion decision.

When can a student return to school after they are expelled?

That depends on the length and type of expulsion imposed, with the maximum time limited by state law.

How long can a public school expulsion be?  

Maximum 1 year for the most heinous situations, such as selling drugs, firearm issues, sexual assault or battery, brandishing a knife and explosives (Cal Ed Code 48915(c)), sometimes called the "Big 5 Offenses."

Can a public school expulsion continue beyond the expulsion time period in the expulsion decision?

Yes.  Although the initial expulsion can only go a maximum 1 year for the worst offenses, like drug sales, if a student does not meet readmission (aka rehabilitation) terms when attempting to reenroll, the student may not be readmitted and their exclusion may continue.

What is the maximum length of expulsion for offenses that are not "Big 5 Offenses?"

Two semesters, starting when the board of education issues their decision, and sometimes starting the semester when the offense occurred.  Examples of school offenses carrying a two semester maximum term include drug possession, sexual harassment, fighting, stealing or theft, damaging school property, threats, extortion, habitual profanity, bullying, receiving stolen school or private property, possession of an imitation firearm, hazing, aiding and abetting (helping) another student to commit great bodily injury, and other offenses. (Cal Ed. Code 48900-15).

What is the minimum term of expulsion if a student is found guilty?

One semester, unless the board decides to issue a lesser punishment, such as a behavior contract.

Does the board of education have to expel a student?

Per state law, not unless it is a proven "Big 5 Offense."  Otherwise, they have discretion to offer alternative punishments as the circumstances warrant.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - How Long Can A School Expulsion Go? Q & A

Possession of Nicotine or Tobacco As Basis For School Discipline

By Michelle Ball, California Education Attorney for Students since 1995

Talk to many in our culture today about nicotine products and the public schools and you may hear:  "So what, the kid's smoking, isn't that something every teen does?"  Not really, and if they do, it should not be at school or involving school.  Tobacco or similar products cannot be stashed for a friend, thrown in a backpack to use later, chewed, smoked, or otherwise used at school, at school events, going to or coming from school, etc.  If they are, and the student is caught, the student can be suspended or even expelled.

Per the California Education Code, which outlines all bases for suspension and expulsion of students, one basis for discipline is:

A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has...

(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel*. [Education Code section 48900(h)]

This code also encompasses e-cigarettes and vape pens, and all manner of things which may fit under the "nicotine" or nicotine-like umbrella.  Note the code states that the list is not exclusive "including, but not limited to..." which means it is a wide-open code and will allow a school suspension for many products not listed.

The California legislature allows students to be removed from school and their records tarnished for simple possession or use of nicotine-type products.  The kid in the back of a class with that bottle full of brown liquid (spit from chew products) can be in serious trouble.  Or that kid with that "cool" vape pen could have his/her college entrance chances diminished if a suspension issues.  

If your child is up for suspension or expulsion for having a clove cigarette, some chew, or a vape pen, remember that alternatives to suspension should be attempted first if the offense is non-dangerous and is their first of the year (see Ed Code 48900.5).  

Have you checked your kids' backpack or pockets today to ensure none of these prohibited items are lurking in there?  If not, the next person who may tell you they are, could be the school Principal.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

* Betel: "an Asian plant that has leaves and red nuts that act as a drug when chewed" [per the Cambridge Dictionary] 

READ MORE - Possession of Nicotine or Tobacco As Basis For School Discipline

When is School Expulsion Mandatory in California Public Schools?

By Michelle Ball, California Education Attorney for Students since 1995

School expulsion is NOT something any parent wants their child to endure.  To be removed entirely from a school district to have to attend a "bad" school is not a fun process.  A permanent mark is placed on the student's record which may come up later in life, including when completing college applications.  As such, it is good to know WHEN an expulsion is MANDATORY for a school district. In other words, when does a school district have no choice but to recommend expulsion and thereafter expel a student?

In California there are only five categories where a public school student MUST be expelled.  Please see Education Code §48915(c) for more specifics:

1)  Possessing, selling or furnishing a firearm.
2)  Brandishing a knife at another person.
3)  Unlawfully selling a controlled substance.
4)  Committing or attempting to commit a sexual assault or committing a sexual battery.
5)  Possession of an explosive.

These are the Big 5 offenses.  IF a district can prove at the expulsion hearing (to a panel of school district employees) that one of these occurred, they are legally obligated to expel the student.  

If a student is expelled under §48915(c), the only attendance option (unless negotiated otherwise) is to attend a county community school, juvenile court school or community day school (see §48915.2), which are environments most parents would prefer to avoid. 

How long an expulsion under §48915(c) will continue will depend on the hearing outcome, and/or the negotiations prior to hearing.  The legal maximum an expulsion under §48915(c) may continue is a full calendar year (unless there is a breach of the rehabilitation plan during expulsion which will extend the expulsion). The minimum is not delineated in code, but would likely be 1 semester and/or what a parent negotiates. 

It IS possible to shorten the one year expulsion mandate and negotiate and/or receive a lesser time period, or even a different type of expulsion (e.g. suspended expulsion rather than full expulsion), but whether this is possible will depend on the student, the district and the school board.  Parents will best be served by thoroughly understanding the ramifications of any expulsion and all potential outcomes, and perhaps seeing if they can negotiate a more positive outcome, prior to moving to hearing.
Best,

Michelle Ball

Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

originally published 1/7/11, updated 9/19/17

READ MORE - When is School Expulsion Mandatory in California Public Schools?

Can My Kid Be Suspended Or Expelled For Providing A Fake Drug Or Non-Alcohol?

By Michelle Ball, California Education Attorney for Students since 1995

Would you be surprised if you received a phone call stating that your son/daughter was being suspended or expelled for providing a "drug" to another student?  What if later it turns out not to be an illegal substance at all, but rather your son/daughter pretended it was?  Or, maybe this student just "possessed" the fake-drug but did not sell, offer to sell or provide it to another?  Can either situation form the basis for a suspension or expulsion?  

Per Education Code section 48900 (c) and (d), students may be suspended or expelled if they:

1)  Possess, sell, use, or furnish a controlled substance, alcoholic beverage, or intoxicant of any kind, or
2)  Sell, deliver or furnish any of the above, or
3)  Sell, deliver or otherwise furnish "another liquid, substance, or material" and represent that item as a prohibited item (#1 above).

This is very interesting language.

What is says is that: First, if a student possesses or uses something which is not a controlled substance, alcohol or an intoxicant, even if they say it is a prohibited substance (fake drug, fake alcohol, etc.) they cannot be suspended or expelled under § 48900 (c) or (d).  For example, they have oregano and tell others they have marijuana when actually they do not.  So long as they do not give or sell that substance to another and represent it as marijuana (or some other improper substance), these sections would not apply.

Second, "offering to sell" is not listed as forming a basis, alone, for discipline, without something exchanging hands.  An actual sale/provision of a real or fake prohibited item has to take place for it to be suspendable or expellable under these code sections.  Keep in mind, a school may still try to suspend/expel under another code section, such as "disruption/defiance" (48900k).  

Third, if a student gives another student a "fake" drug or legal substance but represents it as a controlled substance, alcohol or intoxicant, this is a suspendable or expellable offense.

Additionally, per a different section, Education Code §48915, sale of a controlled substance remains a mandatory expulsion offense, and possession of a controlled substance will get a mandatory expulsion recommendation (except for the first possession of less than one ounce of marijuana and/or if the student possesses his own medication). 

Even with such seeming "clarity," parents may still be forced to defend their child from an unsupported recommendation for suspension or expulsion, as there can be confusion over the Education Code and its application.  In fact, the exact language of the Education Code is usually shortened on suspension forms. Language can also be misunderstood although seemingly clear.  This unfortunately causes heartache for thousands of kids and parents alike.  Such is the public school system!  When that happens, the best recourse is to seek legal help and advice.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Can My Kid Be Suspended Or Expelled For Providing A Fake Drug Or Non-Alcohol?

School Suspension Or Expulsion For Controlled Substances

By Michelle Ball, California Education Attorney for Students since 1995

A frequent situation facing distressed parents is when their child is placed up for suspension or expulsion for possession or sale of a controlled substance, aka drugs.  Here are the basics.

What is a controlled substance?  These are generally defined in the California Health and Safety Codes §11053-§11058.  You can read this code at your leisure but it covers all the usual suspects, such as the typical illegals: cocaine, cannabis/marijuana, heroine, ecstasy, speed, etc., and prescribed substances, such as Ritalin, Codeine, Oxycodone and other medications.

In a nutshell, students are prohibited from carrying, storing, ingesting, passing along, or selling (etc.) controlled substances.  If a student is caught doing any of the above by the school, they will usually, at a minimum, be suspended.  They may be placed up for expulsion, even on a first offense.  Punishment could be lessened if a student merely possesses a controlled substance for which they have a prescription, in an amount that does not look suspicious (e.g. not 60 loose pills when they only need 1 a day).

If a student sells a controlled substance, the school has no discretion and must put the student up for expulsion. The student must be expelled if the facts are proven (which is a discussion for another day).  There may still be discretion in what type of expulsion a student receives even in these dire circumstances (drug sales).

A good attorney can try to negotiate the least possible punishment and may open the school district's eyes to some possibilities they would never think of in a drug situation.

What are drug sales?  In loose terms: money or other item in exchange for a controlled substance, whether the student takes a profit or not.

I frequently have parents in my office saying their child did not sell drugs so they should be able to defend the expulsion easily.   Here is the situation (their child is Student B):

Student A gives money to Student B
Student B gives money to Student C
Student C takes money
Student C gives drugs to Student B
Student B gives Student A the drugs
Student B does not keep money or drugs

Is Student B selling?  What do you think?

Student B "Did not sell!" the parents say.  "He did not profit so this is not a sale." The arguments around this are extremely weak as the student did exchange drugs for money.  Such conduct can warrant a mandatory expulsion recommendation for drug sales.

Criminal charges may also not be far behind when the school district reports the alleged sales to the police.

The bottom line is that parents need to talk to their kids about not buying, selling or brokering sales of controlled substances, or they could have a serious reckoning coming.  Drugs are usually pretty easy to get (or so I hear) in our schools, and the peer pressure to "help" someone find drugs, to ingest this or smoke that, can be tremendous.  High school is not forever.  The future awaits and it may be seriously tarnished if expulsion moves forward.

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: help@edlaw4students.com

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - School Suspension Or Expulsion For Controlled Substances

Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated

By Michelle Ball, California Education Attorney for Students since 1995

Under both California and federal law, schools CANNOT make drugging kids a condition of attending school.  This means that if a child is alleged to have "behavior issues" there is no requirement parents seek out a mind-altering substance to control them in the classroom. Despite this, there is often a LOT of pressure from school officials, teachers, etc. for parents to control a non-conforming child by use of drugs.  Prior to giving in to the pressure, PLEASE look at alternative methods of controlling behavior as described below.

Over the years, I have consulted with thousands of parents with problems in the schools. Conflict arises when a student cannot sit in their seat 4-6 hours a day without distracting other students with foot tapping, jokes, fidgeting, or other activity.  The intolerance is large and the schools have become much more focused on CONTROL of children.

Many parents, as a result, have been pressured by the schools to make their child "fit in" within the public school classrooms and their method of instruction.  Unfortunately, the typical classroom does not work for all kids.  As such, parents may hear little hints and/or direct suggestions from a child's teacher that "he may have ADHD (Attention Deficit Hyperactivity Disorder), you should get him evaluated."  Or, "he won't be able to stay in MY classroom unless he gets himself under control- have you looked into XYZ medication?"  The pressure can be intense and unrelenting.

Thankfully, there is NOTHING a school or district can do if you refuse to put your child on medication to control their behavior.  Now, when I talk about medication, I am referring to psychotropic medication.  In general terms, this is medication which is prescribed by an MD (Medical Doctor) or a Psychiatrist to purportedly handle attention, hyperactivity, mood, depression, anxiety, behavior, and other activities that are not "normal."

Before looking to medication as the "answer," consider these options:

1)  Placement in a different setting which allows for more movement, interaction, independent study, etc. -- whatever may work for your child.  There are charter schools, private schools, home schools and many options other than the public schools.
2)  Student Study Team (SST) meeting to develop a support plan for a child in regular education.
3)  504 Plan to develop reasonable accommodations to help your child BE in the classroom, for example:  frequent breaks, the ability to walk around the room or complete a task for the teacher, access to counseling with staff, etc.  There are so many accommodations which can be made if behavior is impacting school, it is unbelievable.  The student, however, has to have some sort of identified disability which impacts learning and/or other areas of existence prior to qualifying for a 504.
4)  Behavior Support Plan (BSP):  These plans may be developed in conjunction with the SST, 504, or special education.  I have been surprised with how many students with behavior problems in school have no and/or inadequate BSPs.  This is a fabulous tool to evaluate and handle behavior issues.
5)  Medical evaluation: a child may also need a full medical evaluation to discover what PHYSICAL problems may be causing behavior issues, such as allergies, vision problems, hearing problems, low thyroid, diabetes, or a myriad of other physical problems impacting behavior.
6)  Alternative Mental Health:  Parents also should consider alternatives to drugging such as listed at the site alternative mental health.com.  This site says it is "the largest site for non-drug approaches for mental health."  As psychotropic drugs may be "mind-altering" to a student and can have severe side effects, I would urge parents to look at every alternative prior to proceeding with drugs for behavior.  There may be another way.

The bottom line is that parents are in charge of their child's mental health and must help them if they have issues.  The school cannot force a parent to drug a child, and parents must be ready to resist the pressure.  You can do it!

Best,

Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Please see my disclaimer on the bottom of my blog page [http://edlaw4students.blogspot.com/]. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Resist Teacher and School Pressure To Drug Your Children For Them To Attend And Be Educated