California Education Code 48915: Expulsion Offenses and Hearings

California Education Code Section 48915 sorts the most serious school offenses into two groups: five acts that require a principal to recommend expulsion and the governing board to carry it out, and five more where expulsion is strongly presumed but the administrator has narrow room to recommend something else. The statute works together with Sections 48916 through 48919, which set the hearing rules, the rehabilitation plan, the educational program during expulsion, and the appeal window.

Offenses That Require Expulsion

Section 48915(c) lists five acts that leave no judgment call. If a principal or superintendent determines a student committed one of these at school or at a school activity off campus, the administrator must immediately suspend the student and recommend expulsion, and the board must expel if the evidence supports the finding:

Possessing, selling, or otherwise furnishing a firearm, with possession verified by a school district employee
Brandishing a knife at another person
Selling a controlled substance (any amount)
Committing or attempting a sexual assault, or committing a sexual battery
Possessing an explosive

For this tier, the board does not weigh the student’s history, prior interventions, or ongoing risk. Proof that the act occurred is enough.¹

Offenses That Carry a Strong Presumption of Expulsion

Section 48915(a) covers five more violations where the principal or superintendent must recommend expulsion unless the circumstances make expulsion inappropriate or an alternative means of correction would address the behavior:

Causing serious physical injury to another person, except in self-defense
Possessing a knife or other dangerous object with no reasonable use for the student
Unlawful possession of a controlled substance, with two exceptions: a first offense involving no more than one ounce of marijuana (not concentrated cannabis), and possession of over-the-counter or prescribed medication for the student’s own medical use
Robbery or extortion
Assault or battery on a school employee

If the administrator decides not to recommend expulsion for one of these offenses, the statute pushes them to decide quickly so the student does not sit out of class unnecessarily.¹

What the Board Must Find Before a Discretionary Expulsion

When the board considers expulsion under Section 48915(a) or under the broader Section 48900 list, it cannot simply ratify the recommendation. It must make at least one of two findings on substantial evidence from the hearing:

Other means of correction are not feasible or have repeatedly failed to produce proper conduct. The board looks at the student’s record and any interventions already tried, such as counseling, behavior contracts, or in-school alternatives.
The student’s presence causes a continuing danger to the physical safety of the student or others. This finding can support a first-offense expulsion when the act itself is severe enough.

Neither finding is required for the five mandatory offenses in Section 48915(c).¹

The Expulsion Hearing

Section 48918 sets procedures that protect the student’s due process rights. Missing a step can derail the whole proceeding, so families should track every notice and date they receive.

Timing

The student is entitled to a hearing within 30 school days after the administrator determines a qualifying offense occurred. The student may request one postponement of up to 30 calendar days in writing. The board then has 10 school days after the hearing closes to issue a decision. If a hearing officer or administrative panel runs the hearing, or if the board does not meet weekly, the board has up to 40 school days from the student’s removal to decide.²

Notice and Rights

At least 10 calendar days before the hearing, the district must send written notice that includes the date and location, the specific facts and charges, a copy of the disciplinary rules tied to the alleged violation, and a statement of the family’s rights. Those rights include appearing in person, being represented by an attorney or non-attorney adviser, inspecting and copying documents the district plans to use, confronting and questioning witnesses, challenging evidence, and presenting the student’s own witnesses and evidence.

The hearing is closed to the public unless the student asks in writing, at least five days ahead, for a public hearing. The board’s decision must rest on substantial evidence and generally cannot rely on hearsay alone.²

Suspended Expulsion

Even after voting to expel, the board can suspend enforcement of the order for up to one calendar year under Section 48917. The student goes on probation and is assigned to a school, class, or program aimed at rehabilitation. A parent’s refusal to take part in the rehabilitation program cannot be held against the student. If the student completes the program successfully, the board reinstates them and may expunge the expulsion record. If the student commits any new Section 48900 offense or violates district rules during probation, the board can revoke the suspension and impose the original order. The suspended-enforcement criteria must be applied equally to all students, including those with disabilities.³

Added Protections for Students with Disabilities

Students with an IEP or a Section 504 plan get additional federal protections before an expulsion can take effect. These can change the outcome.

Manifestation Determination Review

Within 10 school days of any decision to change a student’s placement through discipline, the district, the parents, and relevant IEP team members must hold a manifestation determination review. The team examines the student’s file, IEP, teacher observations, and any information the parents share, and answers two questions:

Was the behavior caused by, or did it have a direct and substantial relationship to, the student’s disability?
Was the behavior a direct result of the district’s failure to implement the IEP?

If either answer is yes, the conduct is a manifestation of the disability. The team must then conduct a functional behavioral assessment (if one has not been done), create or revise a behavior intervention plan, and return the student to the prior placement unless the parents and district agree otherwise.⁴

If the team finds the behavior was not a manifestation, the district may use the same procedures it would use for any other student, including expulsion. The student with an IEP still must receive services that let them participate in the general curriculum and progress on IEP goals.⁴

The 45-Day Special Circumstances Rule

Federal law lets school personnel move a student with a disability to an interim alternative educational setting for up to 45 school days regardless of a manifestation finding when the student:

Carries or possesses a weapon at school or a school function
Knowingly possesses or uses illegal drugs, or sells a controlled substance, at school or a school function
Inflicts serious bodily injury on another person at school or a school function

Even in these cases, the student keeps the right to a manifestation determination review and continuing educational services.⁵

Schooling During an Expulsion

Expulsion does not end a student’s access to education. Under Section 48916.1, the board must ensure an educational program is in place for the full term of the expulsion. The district must complete the initial referral for enrollment within three days of the expulsion and must tell the family about available options before the order is finalized. The program may be run by the district, the county superintendent, or a consortium working with the county superintendent. It cannot sit on the grounds of the school that expelled the student, and elementary students cannot be combined with students in grades 7 through 12.⁶

A student expelled for one of the mandatory Section 48915(c) offenses generally cannot enroll in another regular district during the expulsion term. Options are limited to county community schools, juvenile court schools, or community day schools.⁷

Readmission and the Rehabilitation Plan

When the board votes to expel, it must set a readmission review date and recommend a rehabilitation plan tailored to the student. The timing depends on which tier of offense drove the expulsion. For discretionary offenses under Section 48915(a), the readmission review falls no later than the last day of the semester following the semester of the expulsion. For mandatory offenses under Section 48915(c), the review is set one year from the date of expulsion, though the board may pick an earlier date case by case.⁸

The rehabilitation plan calls for periodic review and a preliminary readmission assessment at least 45 days before the term ends. It can include academic goals, tutoring, a special education assessment, job training, counseling, community service, or other rehabilitative programs. The board must help the student find accessible opportunities to complete the plan and cannot bill the family for any services the board deems necessary.

At the readmission review, the board must readmit the student unless it finds the student has not met the plan’s conditions or still presents a danger to campus safety. If the board denies readmission, it must keep the student in an alternative program or transfer them to another one, such as a county community school.⁸

Appealing to the County Board

A student or parent who disagrees with the expulsion decision has 30 days from the date of the board’s vote to file an appeal with the county board of education. The 30 days run from the vote itself, even if the board suspends enforcement under Section 48917. Miss the window and the right to appeal is gone, including any later appeal if probation is revoked.

Once filed, the county board must hold a hearing within 20 school days and issue a decision within three school days after the hearing, unless the student asks for a postponement. In the state’s largest counties (class 1 and class 2), the appeal may be heard by a hearing officer or impartial administrative panel instead of the full county board. The county appeal is the last administrative remedy, so families should treat the 30-day filing deadline as firm. For a student on suspended expulsion, filing within those 30 days preserves the option to challenge the order later if probation does not go as planned.⁹

1
California Legislative Information. California Code Education Code 48915
2
California Legislative Information. California Education Code 48918
3
California Legislative Information. California Education Code 48917
4
Individuals with Disabilities Education Act. 20 U.S.C. 1415(k)(1) – Authority of School Personnel
5
Individuals with Disabilities Education Act. 20 U.S.C. 1415 – Procedural Safeguards
6
California Legislative Information. California Education Code 48916.1
7
California Legislative Information. California Code Education Code 48915.2
8
California Legislative Information. California Education Code 48916
9
California Legislative Information. California Education Code 48919