California Education Code sections 48900 and 48915 are the two statutes that control school discipline in California public schools: section 48900 lists every offense that can justify suspending a student or recommending expulsion, and section 48915 sorts the expellable offenses into two categories — those where the principal has discretion to recommend expulsion, and those where expulsion is required by law. Together with the surrounding sections (48900.5 through 48927), they set the grounds, the procedures, and the limits that schools must follow.
What Section 48900 Covers
A student cannot be suspended or expelled unless the behavior fits one of the categories in section 48900, and the conduct must be tied to school activity or attendance. The listed grounds include:
- Causing, attempting, or threatening physical injury, or using force or violence except in self-defense
- Possessing, selling, or furnishing a firearm, knife, explosive, or other dangerous object without written permission from school staff
- Possessing, using, selling, or being under the influence of a controlled substance, alcohol, or other intoxicant, including offering to sell a substance that turns out to be fake
- Robbery or extortion
- Stealing or damaging school or private property, or knowingly receiving stolen property
- Possessing or using tobacco or nicotine products, including vapes
- Possessing drug paraphernalia
- Sexual assault or sexual battery
- Severe or pervasive bullying, including cyberbullying through social media, impersonation accounts, and electronic messages originating on or off campus, that causes fear of harm, interferes with academic performance, or substantially affects mental health
- Harassing or threatening a student who is a witness in a school disciplinary proceeding
- Possessing an imitation firearm
- Obscene acts or habitual profanity
One ground that historically produced more suspensions than any other has been removed. As of July 1, 2024, California prohibits suspending students in any grade from K through 12 for “willful defiance” — disrupting class or refusing to follow staff instructions. A teacher can still remove a defiant student from the teacher’s own classroom for up to two days under Education Code 48910, but the principal cannot suspend that student from school on defiance alone. The restriction sunsets on July 1, 2029.2California Legislative Information. California Education Code EDC 48910 – Teacher Suspension From Class
How Section 48915 Splits Discretionary and Mandatory Expulsion
Not every offense that can lead to suspension can lead to expulsion, and section 48915 draws the line between offenses where the principal exercises judgment and offenses where expulsion is required.
For discretionary offenses, the principal or superintendent must recommend expulsion unless they determine an alternative would better address the behavior. These offenses are:
- Causing serious physical injury, except in self-defense
- Possessing a knife or dangerous object with no reasonable use to the student
- Possessing a controlled substance, other than a first offense involving one ounce or less of marijuana or over-the-counter medication
- Robbery or extortion
- Assault or battery against a school employee
For mandatory offenses, the principal must immediately suspend the student and recommend expulsion, with no discretion to choose an alternative. The school board must then order expulsion if it confirms the student committed the act. The mandatory offenses are:
- Possessing, selling, or furnishing a firearm
- Brandishing a knife at another person
- Selling a controlled substance
- Committing or attempting sexual assault or sexual battery
- Possessing an explosive
When the board orders a mandatory expulsion, the student must be placed in an alternative program for students with discipline problems, and that program cannot be located at the student’s former school or at any comprehensive middle or high school.3California Legislative Information. California Education Code 48915 – Mandatory and Discretionary Expulsion
Alternatives Schools Must Try First
Section 48900.5 makes clear that suspension should happen only after other approaches have failed. It lists specific alternatives a school should attempt first:
- A conference between school staff, the student, and the parent or guardian
- Referral to a school counselor, psychologist, or social worker
- An intervention team that develops an individualized behavior plan with the student and family
- A comprehensive psychoeducational assessment, potentially leading to an IEP or Section 504 plan
- Enrollment in an anger management or social skills program
- Participation in a restorative justice program
- A positive behavior support approach with tiered interventions
There is one exception. A student can be suspended on a first offense, without earlier alternatives, if the behavior involved violence, weapons, drugs, robbery, or extortion, or if the student’s presence poses a danger to others.4California Legislative Information. California Education Code EDC 48900.5 – Other Means of Correction
Suspension Procedures and Limits
Before a principal or designee can suspend a student, they must hold an informal conference with the student and, when possible, the staff member who reported the incident. The school must tell the student the reason for the discipline, what alternative corrections were already tried, and what evidence exists against them. The student then gets to present their own version of events and any evidence in their defense.5California Legislative Information. California Education Code EDC 48911 – Suspension Procedures
A school can skip this conference only in a genuine emergency, meaning the principal determines the student poses a clear and present danger to the safety of others. Even then, the conference must be held within two school days, and the student and parent must be told about their right to it.
At the time of suspension, a school employee must make a reasonable effort to contact the parent or guardian in person, by email, or by phone, and the school must also provide written notice. For foster children, notice additionally goes to the child’s educational rights holder, attorney, and county social worker. For Indian children, the tribal social worker must also be notified.
A single suspension cannot exceed five consecutive school days. Over a school year, a student cannot be suspended for more than 20 school days total. If the student transfers to another school, an opportunity school, or a continuation school, the cap rises to 30 days for that year, and districts may count suspensions from a prior district toward these limits.6California Legislative Information. California Education Code EDC 48903 – Maximum Suspension Days
A teacher can independently remove a student from class for any offense listed under section 48900, but that removal lasts only the day it happens and the day after. The teacher must immediately report the removal to the principal and request a parent-teacher conference. During the removal, the student cannot return to that specific class without both the teacher’s and principal’s agreement, and cannot be placed in another regular class during the same time slot.
Expulsion Hearing Rights
Expulsion carries far greater consequences, and section 48918 sets more demanding procedures. The student and parent or guardian must receive written notice of the hearing at least 10 calendar days in advance. Separate notice requirements apply for foster children, homeless students, and Indian children, whose educational rights holders, liaisons, or tribal social workers must also receive notice within the same period.7California Legislative Information. California Education Code 48918.1 – Notice Requirements for Expulsion Hearings
The hearing is conducted by an administrative panel of three or more certificated employees who are not teachers or staff at the student’s school, or by the school board directly. The student has the right to be represented by legal counsel or a non-attorney advocate, to inspect all documents and evidence the school plans to present, to call witnesses, and to cross-examine the school’s witnesses. The district bears the burden of proof, using a substantial evidence standard. These protections build on the federal due process floor the Supreme Court recognized in Goss v. Lopez.8Justia. Goss v. Lopez, 419 U.S. 565
If the panel recommends expulsion, the school board makes the final decision. The board can accept the recommendation, reject it and reinstate the student, or suspend the expulsion and place the student on probation with specific conditions. A suspended expulsion means the student stays enrolled but must meet behavioral or academic requirements, and violating those conditions can trigger the original expulsion order without a new hearing.
Appealing an Expulsion
A student or parent who disagrees with the school board’s expulsion decision can appeal to the county board of education within 30 days of the vote to expel. That deadline runs from the date of the vote even if the expulsion was suspended and the student placed on probation. Missing the window forfeits the right to appeal later if probation is revoked.9California Legislative Information. California Education Code EDC 48919 – Appeal of Expulsion
The student submits a written request for copies of the hearing transcripts and supporting documents at the same time as the notice of appeal. The district has 10 school days to provide those records. Once the student files copies with the county board, the county board must hold its hearing within 20 school days. In larger counties, a hearing officer or impartial administrative panel may conduct the hearing instead of the full county board. The county board then renders a decision within three school days of the hearing, unless the student requests a postponement.
Readmission After Expulsion
Expulsion is not necessarily permanent. At the time the board orders expulsion, it must also set a date for readmission review and adopt a rehabilitation plan tailored to the student.
For offenses other than the mandatory categories (firearms, brandishing a knife, selling drugs, sexual assault, explosives), the readmission review must occur no later than the last day of the semester following the one in which the expulsion took place. For mandatory offenses, the review date is one year from expulsion, though the board can set an earlier date on a case-by-case basis.10California Legislative Information. California Education Code 48916 – Readmission After Expulsion
The rehabilitation plan must include periodic reviews and a preliminary assessment at least 45 days before the end of the expulsion term. The plan can include tutoring, counseling, special education assessments, job training, community service, or other programs addressing the behavior that led to expulsion. The board must help the student locate accessible opportunities to complete the plan and cannot charge the family for services the board deems necessary.
Students with Disabilities Have Additional Protections
Sections 48900 and 48915 do not tell the whole story for a student who has an IEP or a Section 504 plan. Section 48915.5 pulls in federal law and requires schools to follow the procedures in the Individuals with Disabilities Education Act (IDEA) when disciplining a student with disabilities.11California Legislative Information. California Education Code 48915.5 – Individuals With Exceptional Needs
The key protection is the manifestation determination review. If a student with a disability faces expulsion, or a suspension that would total more than 10 school days in a year, the school must convene the IEP or 504 team to answer two questions: Was the behavior caused by or directly related to the student’s disability? And was the behavior the result of the school’s failure to implement the student’s IEP or 504 plan? If the answer to either is yes, the school cannot proceed with the expulsion, and the team must revisit the plan and address the behavior through that process.
Even when a student with a disability is lawfully suspended or expelled, the school must continue providing a free appropriate public education. If the student is a foster child or homeless youth, additional people must be invited to the IEP team meeting, including the student’s educational rights holder, county social worker, or homeless liaison, depending on the circumstances.