§ 48916.1
604 words·~3 min read·
/ca/education-code/48916-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion. Before an expulsion order is finalized, the governing board shall notify the pupil and the pupil’s family of the available educational options for expelled pupils as outlined in the plan pursuant to Section 48926. No later than three days after the expulsion, the governing board shall complete the initial referral of the pupil for enrollment in an educational program. Except for pupils expelled pursuant to subdivision
(d)of Section 48915, the governing board of a school district is required to implement the provisions of this section only to the extent funds are appropriated for this purpose in the annual Budget Act or other legislation, or both.
(b)Notwithstanding any other law, an educational program provided pursuant to subdivision
(a)may be operated by the school district, the county superintendent of schools, or a consortium of districts or in joint agreement with the county superintendent of schools.
(c)An educational program provided pursuant to subdivision
(b)may not be situated within or on the grounds of the school from which the pupil was expelled.
(d)If the pupil who is subject to the expulsion order was expelled from any of kindergarten or grades 1 to 6, inclusive, the educational program provided pursuant to subdivision
(b)may not be combined or merged with educational programs offered to pupils in any of grades 7 to 12, inclusive. The district or county program is the only program required to be provided to expelled pupils as determined by the governing board of the school district. This subdivision, as it relates to the separation of pupils by grade levels, does not apply to community day schools offering instruction in any of kindergarten and grades 1 to 8, inclusive, and established in accordance with Section 48660.
(1)Each school district shall maintain the following outcome data:
(A)The number of pupils recommended for expulsion.
(B)The grounds for each recommended expulsion.
(C)Whether the pupil was subsequently expelled.
(D)Whether the expulsion order was suspended.
(E)The type of referral made after the expulsion.
(F)The disposition of the pupil after the end of the period of expulsion, including the completion of a rehabilitation plan or the successful readmission of the pupil, or both.
(G)The average length of expulsion terms, including any extensions.
(2)The Superintendent may require a school district to report this data as part of the coordinated compliance review.
(f)If the county superintendent of schools is unable at any time during the expulsion term and for any reason to serve the expelled pupils of a school district within the county, the county superintendent of schools shall notify the governing board of that school district. Upon notification, the governing board of the school district shall ensure that another educational program is provided to the pupil who is subject to an expulsion order for the duration of the expulsion order. The governing board of the school district may enter into an agreement with a county superintendent of schools in another county to provide education services for the school district’s expelled pupils. Upon the change of a pupil’s eligibility for an educational program or at the request of the pupil’s parent or guardian, the governing board of the school district shall review with the pupil and the pupil’s parent or guardian the educational options for expelled pupils as outlined in the plan pursuant to Section 48926.