Guide to Understanding When Expulsion is Mandatory in California
Discretionary ExpulsionIf a student commits an act at school, at a school activity, during lunch on or off campus, or on the way to or from any of these, the school may, but does not have to, recommend expulsion under Education Code section 48900. The act must be one of the enumerated acts (such as inflicting injury on another, possessing drugs or alcohol, or theft) in section 48900, and the school administrators must find either (1) other means of correction are not feasible or have failed repeatedly, or (2) the presence of the student causes a continuing danger to the student or others due to the nature of the act itself.
Expected ExpulsionIf a student causes serious physical injury to another, possesses a dangerous object, possesses illegal drugs (except less than a specified amount of marijuana), robbery, extortion, assault or threat of assault on a school employee, or battery or threat of battery to a school employee, and that act is committed at school or at a school activity, the school shall recommend expulsion unless it is inappropriate due to a particular circumstance. Also, the school must find either (1) other means of correction are not feasible or have failed repeatedly, or (2) the presence of the student causes a continuing danger to the student or others due to the nature of the act itself.
Mandatory ExpulsionThis is the most serious category. If a student possesses a firearm, sells or furnishes a firearm, brandishes a knife, sells a controlled substance, commits or attempts to commit a sexual assault, or possesses an explosive at school or a school activity, the school administrators must recommend expulsion.