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Expulsion of Special Education Students

Except where an act requiring immediate suspension is involved, a previously identified special education student may be expelled only if:

  1. A pre-expulsion assessment is conducted;
  2. An individualized education program (IEP) team meeting is held;
  3. The team determines that the misconduct was not caused by, or was not a direct manifestation of the pupil's identified disability and that the pupil was appropriately placed; and
  4. Due process hearings and appeals are completed.

The school district shall develop procedures and timelines governing expulsion procedures for individuals with exceptional needs.

In determining whether a pupil should be expelled, the IEP team shall base its decision on a pre-expulsion educational assessment, including a review of the appropriateness of the pupil's placement and a determination of the relationship, if any, between the pupil's behavior and his or her disability. The team shall also consider the pupil's health and school discipline records.

The parent is entitled to written notice of the school district's intent to conduct a pre-expulsion assessment. The parent shall make the pupil available for the assessment. Parental consent is not required prior to conducting a pre-expulsion educational assessment or as a condition of the final decision of the local board to expel. The parent of each special education pupil has the right to participate in the IEP meeting and shall be notified of the meeting at least 48 hours in advance. The parent has the right to a due process hearing if the parent disagrees with the decision of the IEP team. Ed. Code 48915.5.