Mandatory expulsion

Mandatory Expulsion
The principal or superintendent of schools shall immediately suspend and shall recommend expulsion
of a pupil if he/she determines that the student committed any of the following acts at school or at
a school activity. Full year expulsion required:
Firearm: 48915 (c)(1) Possessing, selling, or otherwise furnishing a firearm
Knife: 48915 (c)(2) Brandishing a knife at another person
Controlled Substance: 48915 (c)(3) Unlawfully selling a controlled substance
Sexual Assault/Battery: 48915 (c)(4) Committing or attempting to commit sexual assault
Explosive: 48915 (c)(5) Possession of an explosive
The principal or the superintendent of schools shall recommend the expulsion/suspended expulsion
contract of a pupil for any of the following acts committed at school or school activity, unless the
principal or superintendent finds that the expulsion/suspended expulsion contract is inappropriate,
due to the particular circumstance:
Serious Physical Injury: 48915 (a)(1) Causing serious physical injury to another person, except in
Knife, Explosive or Dangerous Object: 48915 (a)(2) 48900(b)Possession of any knife or other
dangerous object of no reasonable use to the pupil
Controlled Substance: 48915 (a)(3) Unlawful possession of any controlled substance listed in
Chapter 2, except for the first offense for the possession of not more than one avoirdupois ounce
of marijuana, other than concentrated cannabis
Robbery or Extortion
: 48915 (a)(4) Robbery or extortion
Assault or Battery: 48915(a)(5) Assault or battery upon any school employee
The principal may recommend suspension of a pupil for any of the following acts committed at
school or a school activity. If the principal recommends expulsion or a suspended expulsion
, he/she must find that 1)other means of correction have failed or not feasible, or
2)due to the nature of the violation, the presence of the pupil causes a continuing danger to
the physical safety of other students:

Physical Injury to Another: 48900 (a)(1) Caused, attempted to cause, or threatened to cause
physical injury to another person
Force or Violence Upon Another: 48900 (a)(2) Willfully used force or violence upon the person of
another, except in self-defense
Dangerous Object: 48900 (b) Possessed, sold, or otherwise furnished any firearm, knife
explosive, or other dangerous object
Controlled Substance: 48900 (c) Unlawfully possessed, used, sold, or otherwise furnished or been
under the influence of any controlled substance, alcohol beverage, or an intoxicant of any kind.
Drugs/Alcohol: 48900(d) Unlawfully offered, arranged, or negotiated to sell any controlled
substance, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or
otherwise furnished to any person another liquid, substance or material and represented the liquid,
substance or material as a controlled substance, alcoholic beverage, or intoxicant
Robbery or Extortion: 48900(e) Committed or attempted to commit robbery or extortion
Damage to School/Property: 48900 (f) Caused or attempted to cause damage to school or private
Stole School/Private Property: 48900 (g) Stolen or attempted to steal school property or private
Tobacco or Nicotine Products: 48900 (h) Possessed or used tobacco, or any products containing
tobacco or nicotine products, including cigarettes, cigars, smokeless tobacco, snuff, chew packets
Obscene Act of Habitual Profanity: 48900 (i) Committed an obscene act or engaged in habitual
profanity or vulgarity
Drug Paraphernalia: 48900 (j) Unlawfully possessed or unlawfully offered, arranged or negotiated
to sell any drug paraphernalia
Disruption of School Activities or Defiance of School Personnel: 48900 (k) Disrupted school
activities or otherwise willfully defied the valid authority of supervisors, teachers administrators,
school officials, or other school personnel engaged in the performance of their duties
Stolen School/ Private Property: 48900 (i) Knowingly received stolen school property or private
Imitation Firearm: 48900 (m) Possessed an imitation firearm……”imitation firearm means a replica
of a firearm that is so substantially similar in physical properties to an existing firearm as to lead
to reasonable person to conclude that the replica is a firearm
Sexual Assault: 48900 (n) Committed or attempted to commit a sexual assault
School Discipline Witness: 48900 (o)
Harassed, threatened or intimidated a pupil who is
complaining witness or a witness in a school disciplinary proceeding for the purpose of either
preventing that pupil from being a witness or retaliating against that pupil for being a witness or
Soma (prescription drug): 48900 (p)
Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug, Soma
Hazing: 48900(q)
Engaged in, or attempted to engage in, hazing as defined in Section 32050
Aids or Abets: 48900(s)
A pupil who aids or abets, the infliction or attempted inflection of
physical injury to another person may suffer suspension, but not expulsion, pursuant to this section
Sexual Harassment: 48900.2
Harassment must be considered by a reasonable person of the same
gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the
individual’s academic performance or to create an intimidating, hostile, or offensive educational
Hate Violence: 48900.3 Pupil has caused, attempted to cause, threatened to cause, or participated
in an act of hate violence as described in Section 233
Terrorist Threats: 48900.7 Any statement, whether written or oral, by a person who willfully
threatens to commit a crime which will result in death, great bodily injury to another person, or
property damage in excess of one thousand dollars, with the specific intent that the statement is
to be taken as a threat, even if there is no intent of actually carrying it out

Revised 3/08


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