 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
Files designated with  open with the free Acrobat® Reader®: Email questions and comments regarding the content and function of this website to webmaster@sandi.net. Email general district inquiries to communications@sandi.net. Email employment inquiries to jobs@sandi.net. Submit staff questions about email or computer issues to the IT helpdesk. |
Expulsion Policy
Overview
Expulsion is San Diego Unified School District's most serious discipline approach, requiring approval from the Board of Education. For up to two semesters, expelled students may not participate in any district- or school-sponsored activity, including regular classes, dances, athletics, and performing arts events. Instead, these students must attend a community day school or alternative education program.
Reasons for Expulsion
If a student's behavior falls under any of the outlined reasons for suspension, he or she may also be recommended for expulsion by a principal or designee. In addition, any violation of the district's Zero Tolerance Policy will automatically lead to a recommendation for expulsion for middle, junior high and high school students. These acts include:
Use, possession or sale of any weapon
This includes guns, knives, explosives or other dangerous objects. Any object used in a dangerous manner is considered a weapon.
Brandishing a knife at another person
This refers to waving a knife at someone in a threatening manner. Knife refers to any type of folding knife, razor (with unguarded blades), or any dirk, dagger, or weapon with a fixed, sharpened blade fitted primarily for stabbing.
Dangerous Behavior
Repeated incidents of fighting, violence or otherwise causing serious injury to another.
Sexual Misconduct
Attempting to commit or committing a sexual assault or committing a sexual battery.
Use, distribution, or possesion of controlled substances
Selling or providing someone a controlled substance, excluding tobacco, or possessing an amount for more than personal use. This includes prescription medications. A student found in possession of tobacco will be recommended for expulsion on the fourth offense.
For more detailed information, consult SDCS Procedure 6295
, Expulsion or California Education Code 48900 
.All students receive a Notice of Zero Tolerance Policy, available in English
andSpanish
, at the beginning of every school year, and are asked to read and sign it along with a parent or guardian, and return it to school.Authority to Expel
Only the Board of Education can actually order a student expelled. This does not occur without a recommendation from an Expulsion Review Panel, which conducts a hearing to consider any recommendation from a school site to expel a student. The panel decides whether to recommend to the Board of Education that it expel a student.
Expulsion Process
Within thirty school days of the principal's or designee's determination to recommend expulsion, the student is entitled to a hearing. The student receives written notice of an expulsion hearing at least ten days prior to the hearing. This notice includes:
- Date and place of the hearing.
- The specific facts and charges upon which the proposed expulsion is based.
- A copy of the district disciplinary rules which relate to the alleged violation.
- Explanation of the right for the student or student's parent or guardian to appear in person, or to obtain and be represented by an attorney.
- Explanation of the right to inspect and obtain copies of all documents to be used at the hearing.
- Explanation of the right to confront and question all witnesses who testify at the hearing, and to question all other evidence presented.
- Explanation of the right to present evidence on the student's behalf, including witnesses.
The Expulsion Hearing Process
An Expulsion Review Panel conducts the hearing to consider the recommendation to expel a student. The panel is made up of at least three district certificated staff members, such as counselors, teachers, vice principals or principal, who are not employed at the student's school. The meeting is closed to the public unless the student or student's parent or guardian submits a written request that the hearing be conducted in public. Hearings are tape-recorded and students have access to written materials presented to the panel. At the end of the hearing, several different actions may take place:
- If the Expulsion Review Panel decides not to recommend expulsion, the proceedings are terminated and the student is immediately reinstated. The Placement and Appeal Office will inform the parent or guardian of the panel's decision. The parent or guardian must then contact the school and arrange a meeting with the principal or principal's designee regarding subsequent placement for the student. This may include a return to the classroom instructional program, any other instructional program, a rehabilitation program, or a combination of these programs. A decision not to recommend expulsion is final.
- If the Expulsion Review Panel decides to recommend expulsion, it must also recommend a rehabilitation plan for the student. The rehabilitation plan may include a review and assessment at the time of the application for re-admission to school. The plan may also include recommendations for counseling or other intervention support. The evidence supporting the decision to recommend expulsion, along with the proposed rehabilitation plan, is submitted to the Board of Education.
- Upon reviewing the recommendations, the Board of Education will either support the recommendation and order the expulsion, or reject the recommendation and suspend the expulsion order. The Board may also choose to suspend the expulsion order, but still assign the student to a school, class or alternative educational program considered appropriate for the rehabilitation plan.
A stipulated agreement is made when a student's parent or guardian agrees that the student did commit an act included in the reasons for expulsion and is being recommended for expulsion.
As part of reaching a stipulated agreement, the student and a parent or guardian will meet with a Placement and Appeal counselor. They will review the evidence gathered in the investigation of the incident leading to the expulsion recommendation. At that time, if they agree to a stipulated decision, the student, parent or guardian and the counselor must all initial and agree upon the following:
- They have been informed of and understand the right to due process with regard to the expulsion recommendation.
- They have had the opportunity to review the reasons for the recommendation for expulsion and to discuss them with district personnel.
- They agree to the facts as stated in the expulsion recommendation.
- The right to an expulsion hearing.
- All notices and timelines required by policy or law.
- The right to be represented by an attorney at the expulsion hearing.
- The right to inspect and have copies of the documents which would have been used at the hearing.
- The right to confront and question all witnesses who would have testified at the hearing.
- The right to question all written evidence presented.
- The right to present witnesses and evidence on the student's behalf.
- The right to appeal to the county Board of Education if the stipulated expulsion is approved by the Board of Education as agreed upon.
The Reinstatement Process
Before the end of the last semester of an expulsion, the student will be contacted by the district's Placement and Appeals Office, which will determine if the student has completed his or rehabilitation plan and should be readmitted. This decision will take into consideration the nature of the offense leading to the expulsion, and the health, safety and welfare of all district staff and students.
An expulsion order remains in effect until the Board of Education orders the readmission of the student. Depending on the nature of the offense, an expulsion order cannot last longer than one year from the date of expulsion. This is not necessarily the date of offense, which may be much earlier.
- Upon completion of the readmission process, the Board of Education will readmit the student, unless it determines that the student has not met the conditions of the rehabilitation plan, or continues to pose a danger to others. The student and the student's parent or guardian receive a description of the readmission process at the time the student is ordered expelled.
- If the Board of Education denies the readmission of an expelled student, the board must decide whether to continue the placement of the student in an alternative educational program. The Board must provide written notice to the expelled student and the student's parent or guardian describing the reasons for denying the student readmittance into the regular school district program.
Issues for Students with Exceptional Needs
In a matter involving a student with exceptional needs who is currently enrolled in a special education program, the Board of Education may order the student expelled only after an Individualized Education Plan (IEP) team has determined that the student's conduct subject to discipline is not a manifestation of his or her disability.
The student's parent or guardian is immediately notified of a decision to recommend expulsion, and is provided the procedural safeguards notice and informed of his or her right to participate in the IEP team meeting. The IEP team meeting must be held within ten school days of the decision to recommend expulsion, and at a time and place that is convenient to both the parent and school personnel. A telephone conference may be substituted for the IEP team meeting.
The IEP team must consider all relevant information when regarding the behavior subject to expulsion. This may include:
- Evaluation and diagnostic results
- Observations of the student
- Student's IEP and placement
- Behavioral intervention plan, if applicable
In evaluating a recommendation for expulsion, the team must agree upon several points:
- The student's disability did not impair his or her ability to control the behavior. If the IEP team or other qualified district staff determine that any of these are not met, the behavior must be considered a manifestation of the student's disability.
- The student's IEP and placement are appropriate in relationship to the behavior that results in an expulsion recommendation, and that supplementary aids, services and behavior intervention strategies are consistent and appropriate as well.
- The student's disability did not impair his or her ability to understand the impact and consequences of the behavior.
Alternative Educational Programs
A student who is denied readmission to his or her regular classroom instructional program may be assigned to an alternative educational program. These include:
Community Day School
The main purpose of the community day school is to help a student become stabilized in terms of both education and behavior in order for them to successfully transition to their traditional comprehensive school. The community day school provides a high-quality educational program that builds academic skills, and fosters social and emotional growth. The district's community day school program is the ALBA (Alternative Learning for Behavior and Attitude) Community School. There are three ALBA sites (Elementary, Middle and High School) within the district and students enrolled in ALBA remain up to one year. Students are placed in ALBA in one of the following ways:
- Placement by the district's Placement and Appeals office pending an expulsion hearing.
- Referral by the School Attendance Review Board (SARB) and the Probation Department.
ALBA High School
5510 Trojan Avenue
San Diego, CA 92115
(619) 287-8395
ALBA Middle School
4455 Ute Drive
San Diego, CA 92117
(858) 272-7503
ALBA Elementary School
740 S. 32nd St.
San Diego, CA 92113
(619) 338-0311
Juvenile Court and Community School
The main purpose of the Juvenile Court and Community School (JCCS) program is to help offer a wide variety of educational programs to ensure that all students in the county have an opportunity to succeed and excel, both academically and personally.
The JCCS program is run by the San Diego County Office of Education, which places eligible students in one of several Summit Court School locations throughout San Diego.
Students are placed in the Summit program in one of the following ways:
- Through the expulsion process, or
- Through Summit's School Council, if parent agrees to the placement.
Summit Juvenile Court and Community School
6401 Linda Vista Road, Room 216
San Diego CA 92111
(858) 292-3686
Appeal Process
Following expulsion, the district's Placement and Appeal Office will provide the student's parent or guardian with contact information for the San Diego County Office of Education. This office handles expulsion appeals from all 42 school districts in the county.
A parent or guardian must file a formal appeal there within thirty days from the date the expulsion was ordered by the Board of Education. A board decision to suspend an expulsion order does not affect the requirements for filing an appeal.
Additional information about the appeal process is available in the Expulsion Handbook provided by the San Diego County Office of Education.
Frequently Asked Questions
What is the process to appeal an expulsion?
After the Board of Education has taken action and expelled a student, the Placement and Appeal Office will provide the parent/guardian with contact information for the San Diego County Office of Education, which handles expulsion appeals. The parent has 30 days from the date the Board ordered the student expelled to file an appeal. A decision by the Board of Education to suspend an expulsion order does not affect the time period and the requirements for the filing of an appeal.
View the San Diego County Office of Education Expulsion Appeal Handbook
.
How do I get back into school after expulsion?
Upon expulsion, the Board of Education can assign the student to a school, class or program deemed appropriate and also recommends a plan of rehabilitation for the student. The rehabilitation plan may include periodic review and counseling. Once the rehabilitation plan specifications have been met, the district's Placement and Appeal Office will determine the appropriate placement for the student's readmission. If the rehabilitation plan specifications have not been met, the Board of Education may deny readmittance into the regular school district program and assign the student to a juvenile community court school until the plan has been met and the student is readmitted to a regular school.
How long may an expulsion last?
Depending on the nature of the offense, an expulsion order cannot last longer than one year from the date of expulsion. This is not necessarily the date of offense, which may be much earlier. Reinstatement occurs only at the beginning of a new semester.
How do you define "assault?"
"Assault" is defined as, "an unlawful attempt, coupled with a present ability to commit, a violent injury on the person of another." In district disciplinary policies, the "assault and battery" category includes caused, attempted, or threatened physical injury; willfull use of force or violence upon another person, except in self-defense; and sexual assault and battery.
How do you define "defiance?"
Defiance is defined as "Willfully defying the valid authority of school personnel." That includes supervisors, teachers, school officials and other school staff performing their duties. This can include deliberately challenging teachers or deliberately ignoring classroom rules deliberately.
What can I do if I feel I've been treated unfairly by school staff?
Complaints about staff should be addressed to the principal. If the situation cannot be resolved at the school site level, a formal complaint may be filed with the District's Parent Support and Board Services Department.
Under what circumstances can the district suspend or expel a student with a disability, when we have an IEP?
Students with exceptional needs, or who are eligible for services under Section 504 of the Rehabilitation Act, are treated the same as their nondisabled peers in cases of suspension. However, even when a student enrolled in special education meets the criteria for an expulsion, or suspension beyond 10 days, the law continues to require a Free Appropriate Public Education.
Unlike a regular education student, a student in special education will not see an end to services, but may have a change of placement to an alternative setting which will provide the services required by a student's IEP.
Learn more about Section 504 of the Rehabilitation Act
and the Free Appropriate Public Education Act .Related Resources
Fact Sheets
| • | Offenses Leading to Suspension or Expulsion: English | Spanish | Somali | Vietnamese | Cambodian |
Lao |
| • | Summary of the Expulsion Process: English | Spanish | Somali | Vietnamese |
Cambodian | Lao |
| • | In Lieu of Expulsion Process for Elementary Students: English | Spanish | Somali | Vietnamese | Cambodian | Lao |
Policies and Procedures
| • | Anti-bullying Program: English | Spanish |
| • | Zero Tolerance Policy: English | Spanish | Somali | Vietnamese | Lao |
| • | Explusion (SDCS Procedure 6295, 23 pages) |
| • | Alcohol, Tobacco and Other Drugs (SDCS Procedure 6298, 12 pages) |
| • | Administrative
Release of Student Information (SDCS Procedure 6525, 15 pages)
|
| • | School-initiated Placement and Placement Counseling (SDCS Procedure 4605, 8 pages) |
| • | Short-term Contract Independent Study SDCS Procedure 4316, 7 pages) |
Student Discipline Forms
| • | Victim Statement: English | Spanish |
| • | Witness Statement: English | Spanish |
Video
| • | “Suspension and Expulsion: Know the Truth” Produced by SDCS Communications Department, copyright © 2003 Video produced for secondary school students explains suspension and expulsion policies and appeal processes. Includes simulated offenses, a mock expulsion hearing, and answers to student questions about the Zero Tolerance policy. Available in English, Spanish and Somali. To request a copy, please contact the Communications Department at communications@sandi.net or (619) 725-5579. |
Websites
| • | San Diego County Office of Education
|
||||
| • | California Department of Education
|
Contact Information
Placement and Appeal Department
4100 Normal St., Annex 8
San Diego, CA 92103
(619) 725-5660
Home | About the District | Board of Education | Employment | Enrollment Options | For District Staff
For Parents | News | Offices & Departments | Our Schools | Proposition MM | Site Map | Student Testing | Superintendent
San Diego Unified School District • Eugene Brucker Education Center • 4100 Normal St.• San Diego • CA • 92103 • (619) 725-8000
