Students of color are more than three times as likely to be expelled or suspended than their white peers. The statistics are concerning, and they get worse. Not only are students of color more likely to be suspended or expelled for less severe infractions, their misbehavior is far more likely to be reported to the police.
Knowing that your child might be facing expulsion is a terrifying feeling. The school-to-prison pipeline is not a farfetched reality anymore.
If you want your child to stand a chance against expulsion, you must educate yourself on what warrants a school to expel one of its pupils. Below, you will find a list of useful things to know about the regulations surrounding expulsion in public schools in California.
Children have the right to be represented by an attorney on expulsion hearings
Students who are represented by attorneys are less likely to be expelled than to their peers without legal representation.
There are only 5 mandatory expulsion cases in which a public school MUST expel a student:
- Possessing, selling, or furnishing a firearm.
- Brandishing a knife at another person.
- Unlawfully selling a controlled substance.
- Committing or attempting to commit a sexual assault or committing a sexual battery.
- Possessing an explosive.
If the school board is unable to prove that one of these cases took place, then an expulsion might not be warranted. I said “might” because there are a few exceptions, which I outline on the next point.
Schools must prove one of two things to expel a student (for non mandatory expulsion offenses)
Public schools must prove that other types of correction (behavior contract, counseling, etc.) have been attempted or repeatedly failed AND/OR that the nature of the student’s act was so heinous, he/she would be a threat to the physical safety of others should he/she remain at school.
Expulsion is never the best solution to educate our children. With the recent removal of willful defiance as a ground for expulsion/suspension, it is clear that restorative justice is slowly being integrated into the Californian school systems. But there is still a long way to go.
If you know someone who is currently facing expulsion in Bayview / Hunters Point, encourage them to schedule an intake at our 3rd St office, open Monday through Friday from 9am to 5pm.
This post was written by Morehead-Cain Scholar Andre Ceccotti, a Open Door Legal summer 2015 fellow.
Courtney Wise Randolph, Minding the Discipline Gap in Education. California: May 15, 2015.
Michelle Ball, California School Expulsion Case: John A. v. San Bernardino, An Oldie But Goodie From The California Supreme Court. California: Sacramento, February 3, 2014.
Michelle Ball, When is School Expulsion Mandatory in California Public Schools? California: Sacramento, January 7, 2011
Michelle Ball, One More Tool To Stop Your Child’s Expulsion: No Proof Of Other Means Of Correction Or Physical Danger. California: Sacramento, March 26, 2015.