A student expulsion is a severe consequence and response to extreme antithetical school behavior and education code violations. It is our goal in SLZUSD to foster environments and educate students on levels that increase awareness regarding the refraining from behaviors that could result in expulsion. A student can be recommended for expulsion under three tiers:
- A mandatory expulsion recommendation
- A discretionary mandatory expulsion recommendation,
- An expulsion recommendation, requiring dual findings.
Below are the three tiers:
Mandatory Expulsion Recommendation (48915(c)): A principal or the Superintendent shall immediately suspend, and shall recommend to the Governing Board to expel, a student that he or she determines has committed any of the following acts at school or at a school activity off school ground.
a. Possessing, selling or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the student had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the principal’s designee. This subdivision applies to an act of possessing a “firearm” only if the possession is verified by an employee of the District.
b. Brandishing a knife at another person. (as defined in Education Code 48915(g))
c. Unlawfully selling a controlled substance listed in Health and Safety Code 11053-11058
d. Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900. Committing or attempting to commit a sexual assault or committing a sexual battery as defined in item #14 under "Grounds for Suspension and Expulsion" above
e. Possession of an explosive as defined in 18 USC 921.
Discretionary Mandatory Recommendation for Expulsion. (48915(a)): A principal or the Superintendent shall recommend a student’s expulsion for any of the following acts, unless the principal or Superintendent find that expulsion is inappropriate due to the particular circumstances:
a. Causing serious physical injury to another person, except in self defense.
b. Possession of any knife, explosive, or other dangerous object of no reasonable use to the student. (See Education Code 48915 (g))
c. Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053 - 11058) of Division 10 of the Health and Safety Code, except for the first offense of the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis.
d. Robbery or extortion.
e. Assault or battery, as defined in Section 240 and 242 of the Penal Code, upon any school employee.
Expulsion Recommendation Requiring Dual Findings (Authority to Expel):
The Board may also order a student expelled for any of the acts listed under "Grounds for Suspension and Expulsion" (See Grounds for Suspension webpage) upon recommendation by the principal, Superintendent, hearing officer or administrative panel, based on either or both of the following finding(s): (Education Code 48915(b) and (e))
a. Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
b. Due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others.