Education Code - EDC - EDC § 48916

Summary

(a) An expulsion order shall remain in effect until the governing board, in the manner prescribed in this article, orders the readmission of a pupil. At the time an expulsion of a pupil is ordered for an act other than those described in subdivision (c) of Section 48915, the gove

Text

(a)
An expulsion order shall remain in effect until the governing board, in the manner prescribed in this article, orders the readmission of a pupil. At the time an expulsion of a pupil is ordered for an act other than those described in subdivision (c) of Section 48915, the governing board shall set a date, not later than the last day of the semester following the semester in which the expulsion occurred, when the pupil shall be reviewed for readmission to a school maintained by the district or to the school the pupil last attended. If an expulsion is ordered during summer session or the intersession period of a year-round program, the governing board shall set a date, not later than the last day of the semester following the summer session or
intersession period in which the expulsion occurred, when the pupil shall be reviewed
for readmission to a school maintained by the district or to the school the pupil last attended. For a pupil who has been expelled pursuant to subdivision (c) of Section 48915, the governing board shall set a date of one year from the date the expulsion occurred, when the pupil shall be reviewed for readmission to a school maintained by the district, except that the governing board may set an earlier date for readmission on a case-by-case basis.
(b)
(1)
The governing board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion order, which
shall include, but not be limited to, periodic review and a preliminary assessment for readmission at least 45 days before the end of the expulsion term. The plan shall be tailored to the individual pupil’s needs and address the pupil’s behavior that led to the expulsion. The plan may
be developed in consultation with school personnel who have knowledge or special expertise regarding the pupil and include recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service, or other rehabilitative programs.
(2)
The governing board shall assist the pupil in locating opportunities accessible to the pupil that are necessary to complete the requirements of a plan for rehabilitation, including, but not limited to, opportunities for counseling and community service.
(3)
The governing board shall not require the pupil or the pupil’s parent or guardian to pay for any costs or services the
governing board determines to be necessary for the pupil to complete a plan of rehabilitation.
(c)
(1)
The governing board of each school district shall adopt rules and regulations establishing a procedure for the filing and processing of requests for readmission, a process for the required review of all expelled pupils for readmission, and a procedure for the transition process for readmitted pupils. As part of the process for a required review, the governing board shall indicate whether or not the pupil had access to the necessary resources to complete their rehabilitation plan. A rehabilitation
plan that is not completed due to financial or transportation barriers or a lack of viable opportunities to complete a term of the rehabilitation plan shall not be a basis to deny the readmission of a pupil. A description of the readmission procedure shall be made available to the pupil and the pupil’s parent or guardian at the same time the pupil and the pupil’s parent or guardian are notified of the expulsion order.
(2)
Upon completion of the readmission review process, the governing board shall readmit the pupil, unless the governing board makes a finding that the pupil (A) has not substantially met the conditions of the rehabilitation plan despite having access to the necessary resources and viable opportunities to complete their rehabilitation plan or (B) continues to exhibit documented behaviors that the pupil was expelled for or is documented to have committed one or more new acts during the expulsion term that would make the pupil eligible for another expulsion.
(3)
If the pupil
is not readmitted pursuant to paragraph (2), the expulsion term may be extended for
one semester at a time, at which point the pupil shall be reassessed for readmission pursuant to paragraph (1).
(d)
If the governing board denies the readmission of an expelled pupil pursuant to subdivision (c), the governing board shall make a determination to continue the placement of the pupil in the alternative educational program initially selected for the pupil during the period of the expulsion order or to place the pupil in another program that may include, but need not be limited to, serving expelled pupils, including placement in a county community school.
(e)
The governing board shall provide written notice to the expelled pupil and the pupil’s parent or guardian describing the reasons for denying the pupil readmittance into the regular school district
program. The written notice shall also include the determination of the educational program for the expelled pupil pursuant to subdivision (d). The expelled pupil shall enroll in that educational program unless the parent or guardian of the pupil elects to enroll the pupil in another school district.

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• #1 | Education Code - EDC - EDC § 48916

  (a) An expulsion order shall remain in effect until the governing board, in the manner prescribed in this article, orders the readmission of a pupil. At the time an expulsion of a pupil is ordered for an act other than those described in subdivision (c) of Section 48915, the governing board shall set a date, not late…

• #2

  (c) (1) The governing board of each school district shall adopt rules and regulations establishing a procedure for the filing and processing of requests for readmission, a process for the required review of all expelled pupils for readmission, and a procedure for the transition process for readmitted pupils. As part…

• #3

  program. The written notice shall also include the determination of the educational program for the expelled pupil pursuant to subdivision (d). The expelled pupil shall enroll in that educational program unless the parent or guardian of the pupil elects to enroll the pupil in another school district.