Suspensions Under the California Ed Code: Offenses, Appeals, and Alternatives

Under the California Education Code, a school can suspend a student only for conduct listed in section 48900, must usually try other corrections first, and cannot remove a student for more than five consecutive school days at a time or more than 20 school days in a year.¹² Before any suspension starts, the student has to be told the charges and the evidence and given a chance to respond. If the school skipped those steps, or if the stated reason doesn’t match one of the listed offenses, the suspension likely isn’t lawful.

Offenses That Can Trigger a Suspension

Education Code 48900 is a closed list. There is no general “bad behavior” authority. A principal or superintendent can only suspend for conduct that fits one of the categories below:³

Causing, attempting, or threatening physical injury, or using force or violence (self-defense is an exception).
Possessing, selling, or furnishing a firearm, knife, explosive, or other dangerous object.
Possessing, using, selling, or being under the influence of a controlled substance, alcohol, or other intoxicant.
Robbery or extortion.
Causing or attempting to cause damage to school or private property.
Stealing or attempting to steal school or private property.
Possessing or using tobacco or nicotine products.
Committing an obscene act or engaging in habitual profanity directed at staff or students.
Possessing, offering, or selling drug paraphernalia.
Receiving stolen property.
Possessing an imitation firearm.
Sexual assault or sexual battery.
Harassing or threatening a witness in a school disciplinary proceeding.
Hazing or bullying, including cyberbullying.
Selling the prescription drug Soma.

Two conditions apply to every item on that list. The conduct must be connected to school activity or attendance — on campus, going to or from school, at a school event, or during lunch. And in most cases the school has to show it tried other corrective measures first.³¹ The “try something else first” requirement is waived for the most serious offenses (physical injury, weapons, controlled substances, robbery, assault) and when the student poses an immediate danger.

Willful Defiance Is No Longer a Valid Ground

California used to let schools suspend students for “willful defiance,” a vague label that covered everything from talking back to refusing to take off a hat. Senate Bill 274 extended and broadened the ban so that no student in any grade can be suspended for willful defiance, and that ban runs through at least July 1, 2029.⁴ If a school frames a suspension as “defiance” or “disruption” without tying it to one of the specific 48900 offenses, that suspension likely violates current law.

How Long a Suspension Can Last

A single suspension cannot exceed five consecutive school days.¹ Across the full school year, a student cannot be suspended for more than 20 total school days.² That cap rises to 30 days if the student enrolls in or transfers to another school, an opportunity program, or a continuation school during the year. A school that suspends a student for “the rest of the semester” or racks up weeks of cumulative suspensions is exceeding its legal authority.

What the School Must Do Before Suspending Your Child

Before any suspension takes effect, the principal or designee has to hold an informal conference with the student. The student must be told the reason for the proposed discipline, what alternative corrections were tried, and the evidence against them, and then given a chance to tell their side and present their own evidence.¹ This is where many suspensions fall apart on review — the conference gets skipped or rushed.

There is one exception. If the student’s presence poses a clear and present danger to people, property, or the educational process, the principal can remove the student immediately and hold the informal conference within two school days.¹ The conference still has to happen; it just shifts to after the removal.

At the time of suspension, a school employee must make a reasonable effort to contact the parent or guardian in person, by phone, or by email, and the school must send written notice explaining the reason and the duration.¹ If your child comes home saying they were suspended and no one from the school contacted you, that’s a procedural violation worth raising.

Your Rights During and After the Suspension

Several rights apply once a suspension is in motion, and schools don’t always point them out.

The student must be told the charges and the evidence and given a chance to respond before the suspension begins, or within two school days if emergency removal was necessary.¹
Parents must get written notice of the suspension, the reasons, and the length.
Districts can set up meetings between parents and school officials to discuss the suspension.
For suspensions of two or more school days, the school must provide homework assignments if you or your child requests them. It isn’t automatic — you have to ask.⁵
A teacher may require the suspended student to complete work and tests missed during the suspension. If the teacher assigns makeup work, treat it as mandatory.⁶

Fixing Errors in the Disciplinary Record

Under the federal Family Educational Rights and Privacy Act, you can inspect your child’s education records, including disciplinary records, within 45 calendar days of a written request.⁷ If you find factual errors — wrong date, wrong student, inaccurate description — you can ask the school to correct them. If the school refuses, you’re entitled to a hearing. FERPA does not let you overturn the discipline itself; it only lets you correct factual inaccuracies in how it was recorded. When a student transfers, the old school can share disciplinary records with the new school without your consent, which is another reason to fix errors quickly.

In-School Suspension as an Option

Instead of sending the student home, the principal can assign the student to a supervised suspension classroom on campus for the duration of the suspension. This is available when the student doesn’t pose an imminent danger and expulsion proceedings haven’t been started.⁸ The student is separated from the general population but still has access to counseling. It’s worth asking for — it keeps your child in a structured setting and avoids unsupervised time at home.

Alternatives the School Should Have Tried First

Outside the serious-offense exceptions, the school should have documented what it tried before resorting to suspension.³ Alternatives include conferences with the student and family, referral to counseling or a school-based support team, restorative justice programs, and behavior intervention plans developed with parents. The Education Code specifically lists restorative justice as a recognized alternative, and the California Department of Education has pushed districts to use these approaches.⁹ If the school can’t point to anything it tried first and the offense isn’t on the serious-exception list, that’s a strong basis for challenging the suspension.

Extra Protections for Students With Disabilities

Students with IEPs or 504 plans have additional protections. The key rule: if a student with a disability is removed from school for more than 10 cumulative days in a year, or more than 10 consecutive days for a single incident, that counts as a change of placement. The school must hold a manifestation determination review within 10 school days.¹⁰

At the review, the IEP team looks at whether the behavior was caused by or substantially related to the disability, or resulted from the school’s failure to implement the IEP. If either is true, the student generally returns to the original placement and the behavior gets addressed through the IEP rather than through suspension or expulsion. During any appeal, the federal “stay-put” rule keeps the student in their current placement until the dispute is resolved, unless parent and school agree otherwise.

How to Appeal a Suspension

If you believe the suspension is unjustified, write to the district superintendent explaining why you disagree and what outcome you want. Districts set their own appeal procedures under Education Code section 48914, so ask for the specific process in writing. Points to raise include any missing informal conference, lack of notice, an offense that doesn’t fit 48900, a “willful defiance” label, or the absence of documented alternatives.

Expulsion is a separate and more formal process with its own hearing, right to representation, right to question witnesses, and right to appeal to the county board of education.¹¹ Education Code 48915 governs which offenses trigger a recommended or mandatory expulsion.¹² If your child is facing expulsion rather than suspension, those rules — not the suspension rules above — control.

Will This Follow My Child to College?

Starting with the 2021–2022 cycle, the Common App removed its school-discipline question from the standard application.¹³ Individual colleges can still ask about disciplinary history on their supplements, but the main barrier is gone for most applicants. The underlying record doesn’t disappear on its own, though. Schools can share disciplinary records with other schools where the student enrolls, and the record stays in the student’s file unless successfully challenged under FERPA.⁷ If you believe the facts behind a suspension were wrong, correct the record now rather than later.

1
California Legislative Information. California Education Code EDC 48911
2
California Legislative Information. California Education Code EDC 48903
3
California Legislative Information. California Education Code EDC 48900
4
California Legislative Information. California SB 274 – Suspensions and Expulsions: Willful Defiance
5
California Department of Education. State Guidance for New Laws on Discipline
6
California Legislative Information. California Education Code EDC 48913
7
United States Department of Education. A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)
8
California Legislative Information. California Education Code EDC 48911.1
9
California Department of Education. Replacing Discipline with Supports
10
U.S. Department of Education. IDEA – Questions and Answers on Discipline Procedures
11
ebclc.org. Suspension and Expulsion Process Timeline Handout
12
California Legislative Information. California Education Code EDC 48915
13
Common App. Common App Removes School Discipline Question on the Application