California Education Code Section 48915 sorts the most serious school offenses into two groups: five acts that force a principal to recommend expulsion and the governing board to expel if the evidence supports it, and five more where the recommendation is required unless the administrator finds expulsion inappropriate or another correction would work. The statute sits inside a larger framework — Sections 48916 through 48919 — that controls hearings, rehabilitation, readmission, and appeals. If your child is facing expulsion in a California public school, this is the law running the process.
The Five Offenses That Trigger Mandatory Expulsion
Section 48915(c) removes discretion. When a principal or superintendent determines a student committed one of these acts at school or a school activity off campus, the administrator must immediately suspend the student and recommend expulsion, and the governing board must expel if the evidence supports the finding.
- Possessing, selling, or otherwise furnishing a firearm, with possession verified by a school district employee. Imitation firearms are not covered by this mandatory provision, though they can lead to discipline under other sections.
- Brandishing a knife at another person. The statute defines “knife” broadly, including dirks, daggers, blades longer than 3½ inches, folding knives with a locking blade, and unguarded razors.
- Selling a controlled substance. Any amount qualifies. Simple possession is a separate, discretionary offense.
- Committing or attempting sexual assault, or committing sexual battery.
- Possessing an explosive.
For these five, the board does not weigh the student’s history, prior interventions, or ongoing threat. Proof that the act occurred is enough.1California Legislative Information. California Code Education Code 48915
The Five Offenses With a Presumption of Expulsion
Section 48915(a) covers a second tier. The principal or superintendent must recommend expulsion unless they determine the particular circumstances make it inappropriate, or that another means of correction would address the behavior. That leaves a narrow window of discretion the mandatory tier does not have.
- Causing serious physical injury to another person, except in self-defense.
- Possessing a knife or other dangerous object with no reasonable use for the student.
- Unlawful possession of a controlled substance, with two exceptions: a first offense involving no more than one ounce of marijuana (not concentrated cannabis), and possession of over-the-counter or prescribed medication for the student’s own medical use.
- Robbery or extortion.
- Assault or battery on a school employee.
When an administrator decides against recommending expulsion for one of these, the statute pushes for a quick decision so the student doesn’t lose instructional time.1California Legislative Information. California Code Education Code 48915
Findings the Board Must Make Before Expelling
For any expulsion outside the mandatory five, the governing board can’t simply approve the recommendation. It must make at least one of two findings, supported by substantial evidence from the hearing:
- Other means of correction are not feasible or have repeatedly failed to produce proper conduct. That requires looking at the student’s disciplinary history and prior interventions such as counseling, behavioral contracts, or in-school alternatives.
- The student’s presence causes a continuing danger to the physical safety of the student or others. This finding can support expulsion on a first offense, but only when the act itself is severe enough.
These findings do not apply to the mandatory offenses under 48915(c). There, proof of the act is the only requirement.1California Legislative Information. California Code Education Code 48915
What the Expulsion Hearing Looks Like
Section 48918 sets the procedure. Skipping a step can undo the whole proceeding, so families should watch every deadline and notice.
Timing
The student is entitled to a hearing within 30 school days after the principal or superintendent determines a qualifying offense occurred. The student may request one postponement of up to 30 calendar days in writing. The governing board issues its decision within 10 school days after the hearing ends. If a hearing officer or administrative panel conducts the hearing, or the board doesn’t meet weekly, the board has up to 40 school days from the date the student was removed to decide.2California Legislative Information. California Education Code 48918
Notice and Rights
At least 10 calendar days before the hearing, the district must send written notice that includes the date and place of the hearing, the specific facts and charges, and a copy of the district’s disciplinary rules tied to the alleged violation. The notice must inform the student and family of the right to appear in person, be represented by an attorney or non-attorney adviser, inspect and copy all documents the district plans to use, confront and question witnesses, challenge evidence, and present their own witnesses and evidence.
The hearing is closed unless the student requests in writing, at least five days beforehand, that it be public. The board’s decision must rest on substantial evidence presented at the hearing and generally cannot be based on hearsay alone.2California Legislative Information. California Education Code 48918
Suspended Expulsion and Probation
Even after voting to expel, the board can suspend enforcement for up to one calendar year under Section 48917. The student is placed on probation and assigned to a school, class, or program aimed at rehabilitation. A parent’s refusal to participate in that program cannot be used against the student.
If the student completes the program, the board reinstates them and may expunge the expulsion records entirely. If the student commits any new offense listed in Section 48900 or violates district conduct rules during probation, the board can revoke the suspension and enforce the original order. The criteria for suspending enforcement must be applied equally to all students, including those with disabilities.3California Legislative Information. California Education Code 48917
Extra Protections for Students With an IEP or 504 Plan
Federal law layers additional protections on top of state discipline rules for students with an Individualized Education Program or a Section 504 plan. These can change the outcome entirely.
Manifestation Determination Review
Within 10 school days of any decision to change the student’s placement through discipline, the district, the parents, and relevant IEP team members must hold a manifestation determination review. They examine the student’s file, IEP, teacher observations, and any information the parents provide, and answer two questions:
- Was the behavior caused by, or did it have a direct and substantial relationship to, the student’s disability?
- Was the behavior a direct result of the district’s failure to implement the IEP?
If either answer is yes, the conduct is a manifestation of the disability. The team must then conduct a functional behavioral assessment (if not already done), create or revise a behavioral intervention plan, and return the student to the prior placement unless the parents and district agree to a different one.4Individuals with Disabilities Education Act. 20 U.S.C. 1415(k)(1) – Authority of School Personnel
If the behavior wasn’t a manifestation, the district may apply the same discipline as any other student, including expulsion. Even then, a student with an IEP must continue receiving educational services that allow participation in the general curriculum and progress on IEP goals.
The 45-Day Special Circumstances Rule
School personnel may remove a student with a disability to an interim alternative educational setting for up to 45 school days, regardless of whether the behavior was a manifestation of the disability, in three situations:
- Carrying or possessing a weapon at school or a school function.
- Knowingly possessing or using illegal drugs, or selling a controlled substance, at school or a school function.
- Inflicting serious bodily injury on another person at school or a school function.
The student still gets a manifestation determination review and must continue to receive appropriate educational services.5Individuals with Disabilities Education Act. 20 U.S.C. 1415 – Procedural Safeguards
Education During the Expulsion Term
Expulsion doesn’t cut off schooling. Under Section 48916.1, when the board orders an expulsion, it must ensure an educational program for the length of the expulsion. The district has to complete the initial referral for enrollment in that program within three days of the expulsion and notify the family of available options before the order is finalized.
The alternative program may be run by the district, the county superintendent, or a consortium of districts working with the county superintendent. It cannot be located on the campus that expelled the student, and elementary-age students cannot be combined with students in grades 7 through 12.6California Legislative Information. California Education Code 48916.1
Students expelled for one of the mandatory offenses under 48915(c) generally cannot enroll in another regular school district during the expulsion term. Their options are county community schools, juvenile court schools, or community day schools.7California Legislative Information. California Code Education Code 48915.2
Readmission and the Rehabilitation Plan
When the board votes to expel, it must also set a readmission review date and recommend a rehabilitation plan for the student. The timing of the review depends on the tier of offense.
For discretionary offenses under 48915(a), the readmission review must be scheduled no later than the last day of the semester following the semester in which the expulsion occurred. For mandatory offenses under 48915(c), the review is set one year from the expulsion date, though the board may choose an earlier date case by case.
The plan must include periodic review and a preliminary readmission assessment at least 45 days before the expulsion term ends. It can include academic goals, tutoring, special education assessments, job training, counseling, community service, or other rehabilitative programs. The board must help the student find accessible opportunities to complete the plan and cannot make the family pay for any services the board considers necessary.
At the readmission review, the board must readmit the student unless it finds the student hasn’t met the plan’s conditions or still poses a safety risk. If readmission is denied, the district must keep placing the student in an alternative program or transfer them to another program such as a county community school.8California Legislative Information. California Education Code 48916
How to Appeal an Expulsion
A student or parent has 30 days from the date of the board’s vote to file an appeal with the county board of education. The clock starts on the vote itself, even if the board suspends enforcement and places the student on probation under Section 48917. Missing the 30-day window permanently forfeits the right to appeal, including any later challenge if probation is revoked.
Once filed, the county board of education must hold a hearing within 20 school days and issue a decision within three school days after the hearing, unless the student requests a postponement. In the state’s largest counties (class 1 and class 2), a hearing officer or impartial administrative panel may hear the appeal instead of the full county board.9California Legislative Information. California Education Code 48919
The appeal is the last administrative remedy. Treat the 30-day deadline as firm. If your child is on a suspended expulsion, filing within 30 days of the original vote preserves the ability to challenge the decision later if probation goes badly.