California Education Code 48900 and 48915 are the two statutes that control when a public school can suspend or expel a K-12 student. Section 48900 lists the specific offenses that make a student eligible for discipline. Section 48915 then separates expellable offenses into two groups: those where the principal has discretion to recommend expulsion, and a shorter list where expulsion is mandatory. A school that disciplines a student for conduct outside these lists, or that skips the procedures the Education Code requires, can have the decision overturned.
What a School Can Suspend a Student For
Section 48900 is a closed list. If the behavior does not fit one of its categories and is not connected to school activity or attendance, it is not a basis for suspension. The grounds include:
- Causing, attempting, or threatening physical injury, or using force or violence except in self-defense
- Possessing, selling, or furnishing a firearm, knife, explosive, or other dangerous object without written permission from school staff
- Possessing, using, selling, or being under the influence of a controlled substance, alcohol, or other intoxicant, including offering to sell a substance that turns out to be fake
- Robbery or extortion
- Stealing or damaging school or private property, or knowingly receiving stolen property
- Possessing or using tobacco or nicotine products, including vapes and chew
- Possessing drug paraphernalia
- Committing or attempting sexual assault or sexual battery
- Severe or pervasive bullying, including cyberbullying through social media, impersonation accounts, and electronic messages originating on or off campus, when it causes fear of harm, interferes with academic performance, or substantially affects mental health
- Harassing or threatening a student who is a witness in a school disciplinary proceeding
- Possessing an imitation firearm
- Committing an obscene act or engaging in habitual profanity
One historical ground is now off the table for suspensions. As of July 1, 2024, California prohibits suspending students in any grade from kindergarten through 12 from school for “willful defiance,” which covers disrupting class or refusing to follow staff instructions. A teacher can still remove a defiant student from their own classroom for up to two days under Education Code 48910, but the principal cannot suspend that student from school solely for defiance. This restriction sunsets on July 1, 2029.2California Legislative Information. California Education Code EDC 48910 – Teacher Suspension From Class
When Expulsion Is on the Table
Not every 48900 offense can lead to expulsion. Section 48915 creates two categories, and the difference matters: in one, the principal and school board have room to choose a different consequence; in the other, they do not.
Discretionary Expulsion
For these offenses, the principal or superintendent must recommend expulsion unless they determine an alternative would better address the behavior. The discretionary list is:
- Causing serious physical injury, except in self-defense
- Possessing a knife or dangerous object with no reasonable use to the student
- Possessing a controlled substance, other than a first offense involving one ounce or less of marijuana or over-the-counter medication
- Robbery or extortion
- Assault or battery against a school employee
Mandatory Expulsion
For these five offenses, the principal must immediately suspend the student and recommend expulsion, with no discretion to choose an alternative. The school board must then order expulsion if it confirms the student committed the act:
- Possessing, selling, or furnishing a firearm
- Brandishing a knife at another person
- Selling a controlled substance
- Committing or attempting sexual assault or sexual battery
- Possessing an explosive
When the board orders a mandatory expulsion, the student must be placed in an alternative program that serves students with discipline problems and is not located at the student’s former school or any comprehensive middle or high school.3California Legislative Information. California Education Code 48915 – Mandatory and Discretionary Expulsion
Alternatives the School Must Try First
California law treats suspension as a last resort for most offenses. Education Code 48900.5 lists specific interventions a school should attempt before suspending a student:
- A conference between school staff, the student, and the parent or guardian
- Referral to a school counselor, psychologist, or social worker
- An intervention team that develops an individualized behavior plan with the student and family
- A comprehensive psychoeducational assessment, potentially leading to an IEP or Section 504 plan
- Enrollment in an anger management or social skills program
- Participation in a restorative justice program
- A positive behavior support approach with tiered interventions during the school day
A student can be suspended on a first offense, without any attempt at these alternatives, if the behavior involved violence, weapons, drugs, robbery, or extortion, or if the student’s presence poses a danger to others.4California Legislative Information. California Education Code EDC 48900.5 – Other Means of Correction
Suspension Procedures and Day Limits
Before a principal or designee can suspend a student, they must hold an informal conference with the student and, when possible, the staff member who reported the incident. At that conference, the school tells the student the reason for the discipline, what alternative corrections were already tried, and what evidence exists against them. The student then gets to present their own version of events and any evidence in their defense.5California Legislative Information. California Education Code EDC 48911 – Suspension Procedures
The only situation where a school can skip this conference is a genuine emergency, meaning the principal determines the student poses a clear and present danger to the safety of others. Even then, the conference must be held within two school days, and the student and parent must be told about their right to that conference.
At the time of suspension, a school employee must make a reasonable effort to contact the parent or guardian in person, by email, or by phone, and the school must also provide written notice. For foster children, notice additionally goes to the child’s educational rights holder, attorney, and county social worker. For Indian children, the tribal social worker must also be notified.
Day limits are strict. A single suspension cannot exceed five consecutive school days. Over an entire school year, a student cannot be suspended for more than 20 school days total. If a student transfers to another school, an opportunity school, or a continuation school, the cap rises to 30 days for that year. Districts may count suspensions from a student’s prior district toward these limits.6California Legislative Information. California Education Code EDC 48903 – Maximum Suspension Days
A teacher can also independently remove a student from class for any 48900 offense, but only for the day of the removal and the following day. The teacher must immediately report it to the principal and request a parent-teacher conference. During the removal, the student cannot return to that specific class without both the teacher’s and principal’s agreement, and cannot simply be reassigned to another regular class in the same time slot.2California Legislative Information. California Education Code EDC 48910 – Teacher Suspension From Class
Expulsion Hearings and the Final Decision
A recommendation for expulsion triggers a formal hearing. The student and parent must receive written notice at least 10 calendar days in advance. For foster youth, homeless students, and Indian children, separate notice goes to the student’s educational rights holder, liaison, or tribal social worker within the same timeframe.7California Legislative Information. California Education Code 48918.1 – Notice Requirements for Expulsion Hearings
The hearing is conducted by an administrative panel of three or more certificated employees from outside the student’s school, or by the school board itself. The student has the right to be represented by legal counsel or a non-attorney advocate, to inspect all documents and evidence the district plans to present, to call witnesses, and to cross-examine the district’s witnesses. The district must prove the alleged offense by substantial evidence. These rights draw from both the Education Code and the due process principles the U.S. Supreme Court set out in Goss v. Lopez, which held that students facing suspension or expulsion have liberty and property interests protected by the Fourteenth Amendment.8Justia. Goss v. Lopez, 419 U.S. 565
If the panel recommends expulsion, the school board makes the final call. The board can accept the recommendation, reject it and reinstate the student, or suspend the expulsion and place the student on probation with specific conditions. A suspended expulsion keeps the student enrolled but subject to behavioral or academic requirements; violating those conditions can trigger the original expulsion order without a new hearing.
If Your Child Has an IEP or 504 Plan
Students with an Individualized Education Program or a Section 504 plan get extra procedural protection before a school can change their placement through discipline. Education Code 48915.5 incorporates federal law and requires schools to follow the Individuals with Disabilities Education Act when suspending or expelling a student with disabilities.9California Legislative Information. California Education Code 48915.5 – Individuals With Exceptional Needs
The central protection is the manifestation determination review. If a student with a disability faces expulsion, or a suspension that would push the yearly total past 10 school days, the school must convene the IEP or 504 team to answer two questions. Was the behavior caused by or directly related to the student’s disability? And was the behavior the result of the school’s failure to implement the student’s IEP or 504 plan? If the answer to either question is yes, the school cannot proceed with the expulsion, and the team must address the behavior through the student’s plan instead.
Even when a student with a disability is lawfully suspended or expelled, the district must continue providing a free appropriate public education. If the student is a foster child or homeless youth, additional people must be invited to the IEP meeting, including the educational rights holder, county social worker, or homeless liaison, depending on the circumstances.
Appealing an Expulsion
A student or parent who disagrees with the school board’s expulsion decision can appeal to the county board of education within 30 days of the vote to expel. The clock runs from the date of the vote even if the expulsion was suspended and the student was placed on probation. Missing this window forfeits the right to appeal later, including if probation is revoked.10California Legislative Information. California Education Code EDC 48919 – Appeal of Expulsion
The student files the notice of appeal and, at the same time, submits a written request for copies of the hearing transcripts and supporting documents. The district has 10 school days to provide those records. Once the student files copies with the county board, the county board must hold its hearing within 20 school days. In larger counties, a hearing officer or impartial administrative panel may conduct the hearing instead of the full county board. The county board then issues a decision within three school days of the hearing, unless the student requests a postponement.
Expulsion itself is not necessarily permanent. When the board orders expulsion, it must also set a readmission review date and adopt a rehabilitation plan for the student. For most offenses, the review must happen no later than the last day of the semester following the one in which the expulsion took place. For mandatory expulsion offenses, the review date is set at one year from expulsion, though the board can set an earlier date on a case-by-case basis.11California Legislative Information. California Education Code 48916 – Readmission After Expulsion