California Education Code 48900: Suspension, Expulsion, and Hearings

California Education Code 48900 is the statute that lists every behavior a public school student can be suspended or expelled for, from physical violence and weapons possession to drugs, theft, bullying, and — in narrow circumstances — defying school staff. A principal or district superintendent cannot discipline a student under this law unless the student committed one of the specific acts spelled out in subdivisions (a) through (r). The procedures for how suspensions and expulsions play out live in nearby code sections, and recent changes have sharply limited when schools can remove students for lower-level misconduct.¹

What Behaviors Section 48900 Covers

The statute is a closed list. If the conduct doesn’t fit one of these categories, the school cannot use Section 48900 as the basis for discipline.¹

Causing, attempting, or threatening physical injury, or willfully using force against another person 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 any intoxicant
Offering to sell a controlled substance or alcohol and delivering a different material while representing it as the real thing
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 products, including e-cigarettes, cigars, and smokeless tobacco
Obscene acts or habitual profanity
Possessing or offering to sell drug paraphernalia
Disrupting school activities or defying staff authority (willful defiance, with major restrictions below)
Receiving stolen property
Possessing an imitation firearm realistic enough that a reasonable person would believe it is real
Sexual assault or sexual battery
Harassing, threatening, or intimidating a student who is a witness in a school disciplinary proceeding
Offering, furnishing, or selling certain prescription drugs like soma or codeine-containing medications
Hazing
Bullying, including bullying through electronic means

Two carve-outs matter. A student who voluntarily discloses drug, alcohol, or tobacco use to seek help cannot be suspended solely for that disclosure.¹

The Willful Defiance Restrictions

Willful defiance used to be one of the most common reasons students were suspended in California. That has changed. Under the current version of Section 48900(k), no student in kindergarten through grade 12 can be expelled for willful defiance, and suspensions for it are now banned at every grade level.¹

Grades K–5: suspension for willful defiance is permanently banned
Grades 6–8: suspension for willful defiance is banned through July 1, 2029
Grades 9–12: suspension for willful defiance is banned from July 1, 2024, through July 1, 2029

Staff can still refer a defiant student to administrators for in-school intervention. The administrator must document what was done within five business days and report back to the referring employee.

Alternatives Schools Must Try First

Even for offenses that still allow suspension, Education Code 48900.5 says suspension should only be used after other corrective measures have failed. The statute specifically names parent-teacher-student conferences, referrals to counselors, psychologists, or social workers, intervention teams with individualized behavior plans, restorative justice programs, positive behavior support, and after-school programs targeting specific behaviors.²

There is an exception. A student can be suspended on a first offense, without exhausting alternatives, if the principal determines the student committed an act involving physical violence, weapons, drugs, alcohol, or controlled substances, or if the student’s presence poses a danger to others.²

How a Suspension Works

A suspension can last no more than five consecutive school days for any single incident.³ Under Education Code 48903, no student can be suspended for more than 20 total school days in a school year, or 30 days if the student transfers to a different school for adjustment purposes.⁴

Before the suspension takes effect, the principal or designee must hold an informal conference with the student. The student must be told why they are being suspended, what evidence exists, and what alternative corrections the school has already tried. The student then gets to respond and present their own evidence.³

The only exception is a genuine emergency in which the student poses a clear and present danger. In that case the school can suspend first and hold the conference within two school days. The student and parent must be notified of their right to that follow-up conference. At the time of suspension, staff must also make a reasonable effort to contact the parent or guardian in person, by email, or by phone.³

When Expulsion Is Mandatory Versus Discretionary

Not every 48900 offense carries the same weight. Education Code 48915 sorts the serious offenses into two tiers, and the difference decides whether the school has any flexibility at all.

Mandatory Expulsion

A principal or superintendent must immediately suspend and recommend expulsion if the student, at school or a school-sponsored activity, commits any of these acts:⁵

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

The statute uses “shall.” There is no discretion.

Discretionary Expulsion

For a second group of offenses, the principal should recommend expulsion unless the circumstances don’t warrant it or an alternative would address the conduct:⁵

Causing serious physical injury (except in self-defense)
Possessing a knife or other dangerous object with no reasonable use
Possessing a controlled substance, other than a first offense involving a small amount of marijuana or the student’s own medication
Robbery or extortion
Assault or battery against a school employee

For any other 48900 offense, the school board may expel only if it finds that alternative corrections are not feasible or have repeatedly failed, or that the student’s presence poses a continuing physical danger.⁵

The Expulsion Hearing and Appeal

Expulsion is far more formal than suspension. Under Education Code 48918, the student is entitled to a hearing within 30 school days of the date the principal or superintendent determined the student committed the offense. The student can request one postponement of up to 30 calendar days.⁶

The hearing can be held by the school board, a hearing officer, or an administrative panel. The student and family have the right to be present, to be represented by an attorney, and to present evidence and witnesses. The governing board must decide within 10 school days after the hearing closes.⁶

If the board votes to expel, a student or parent can appeal to the county board of education within 30 calendar days of that vote. Missing that window is fatal. The county board loses jurisdiction. Once a timely appeal is filed, the county board must hold a hearing within 20 school days. The student must also submit a written request to the district for hearing transcripts and supporting documents; the district has 10 school days to provide them, and the student must promptly file them with the county board.⁷

One trap catches families every year. If the board suspends the expulsion and places the student on probation, then later revokes probation and enforces the original order, the student cannot appeal at that point unless they already appealed the original decision within 30 days. Waiting to see how probation plays out can cost you the appeal.

Alternative Education After Expulsion

Expulsion is not the end of a student’s schooling. Education Code 48916.1 requires the district to provide an alternative educational program for the full length of the expulsion. Before finalizing the order, the district must tell the student and family what options are available. Within three days after the expulsion, the district must complete the initial referral to enroll the student in a program.⁸

These programs can be run by the district, the county superintendent, or a consortium of districts. The program cannot sit on the grounds of the school that expelled the student.⁸

Extra Protections for Students With Disabilities

Federal law adds a second layer when a student with a disability faces discipline. Under the Individuals with Disabilities Education Act, staff can remove the student for up to 10 school days the same way they would any other student, but any removal beyond that is treated as a change in educational placement and triggers extra requirements.⁹

Within 10 school days of a decision to change placement, the school, the parent, and relevant IEP team members must conduct a manifestation determination review. The team asks two questions:

Was the behavior caused by, or directly and substantially related to, the student’s disability?
Was the behavior a direct result of the school’s failure to implement the IEP?

If either answer is yes, the behavior is a manifestation of the disability. The school must return the student to the original placement (unless the parents agree otherwise), conduct a functional behavioral assessment if one hasn’t been done, and create or revise a behavioral intervention plan. If the answer to both is no, the school can apply the same discipline any other student would face, but the student must continue receiving educational services during the removal — a right students without disabilities do not always have during a long-term suspension or expulsion.⁹

Across every stage of this process, the school carries the burden of showing the student actually committed one of the specific acts listed in Section 48900. If the alleged behavior doesn’t fit a listed category cleanly, or the evidence is thin, that is a legitimate basis to challenge the discipline. Request documentation early, read the notices carefully, and watch the 30-day appeal clock.

1
California Legislative Information. California Education Code 48900 – Suspension or Expulsion
2
California Legislative Information. California Education Code 48900.5 – Suspension or Expulsion
3
California Legislative Information. California Education Code 48911 – Suspension Procedures
4
California Legislative Information. California Education Code 48903 – Suspension Day Limits
5
California Legislative Information. California Education Code 48915 – Mandatory and Discretionary Expulsion
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California Legislative Information. California Education Code 48918 – Expulsion Hearing Procedures
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California Legislative Information. California Education Code 48919 – Expulsion Appeals
8
California Legislative Information. California Education Code 48916.1 – Educational Program for Expelled Students
9
U.S. Department of Education. IDEA Section 1415(k) – Placement in Alternative Educational Setting