- What is the process to appeal an expulsion?
- How do I get back into school after expulsion?
- How long may an expulsion last?
- How do you define "assault?"
- How do you define "defiance?"
- What can I do if I feel I've been treated unfairly by school staff?
- Under what circumstances can the district suspend or expel a student with a disability, when we have an IEP?
What is the process to appeal an expulsion?
After the Board of Education has taken action and expelled a student, the Placement and Appeal Office will provide the parent/guardian with contact information for the San Diego County Office of Education, which handles expulsion appeals. The parent has 30 days from the date the Board ordered the student expelled to file an appeal. A decision by the Board of Education to suspend an expulsion order does not affect the time period and the requirements for the filing of an appeal.
View the San Diego County Office of Education Expulsion Appeal Handbook.
How do I get back into school after expulsion?
Upon expulsion, the Board of Education can assign the student to a school, class or program deemed appropriate and also recommends a plan of rehabilitation for the student. The rehabilitation plan may include periodic review and counseling. Once the rehabilitation plan specifications have been met, the district's Placement and Appeal Office will determine the appropriate placement for the student's readmission. If the rehabilitation plan specifications have not been met, the Board of Education may deny readmittance into the regular school district program and assign the student to a juvenile community court school until the plan has been met and the student is readmitted to a regular school.
How long may an expulsion last?
Depending on the nature of the offense, an expulsion order cannot last longer than one year from the date of expulsion. This is not necessarily the date of offense, which may be much earlier. Reinstatement occurs only at the beginning of a new semester.
How do you define "assault?"
"Assault" is defined as, "an unlawful attempt, coupled with a present ability to commit, a violent injury on the person of another." In district disciplinary policies, the "assault and battery" category includes caused, attempted, or threatened physical injury; willfull use of force or violence upon another person, except in self-defense; and sexual assault and battery.
How do you define "defiance?"
Defiance is defined as "Willfully defying the valid authority of school personnel." That includes supervisors, teachers, school officials and other school staff performing their duties. This can include deliberately challenging teachers or deliberately ignoring classroom rules deliberately.
What can I do if I feel I've been treated unfairly by school staff?
Complaints about staff should be addressed to the principal. If the situation cannot be resolved at the school site level, a formal complaint may be filed with your school site’s Area Superintendent.
Under what circumstances can the district suspend or expel a student with a disability, when we have an IEP?
Students with exceptional needs, or who are eligible for services under Section 504 of the Rehabilitation Act, are treated the same as their nondisabled peers in cases of suspension. However, even when a student enrolled in special education meets the criteria for an expulsion, or suspension beyond 10 days, the law continues to require a Free Appropriate Public Education.
Unlike a regular education student, a student in special education will not see an end to services, but may have a change of placement to an alternative setting which will provide the services required by a student's IEP.
Learn more about Section 504 of the Rehabilitation Act and the Free Appropriate Public Education Act.