PERMISSIVE EXPULSION
Permissive recommendations for expulsion may be used for any of the indicated behaviors in the Level 3 Restorative Response Matrix
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As an alternative-to-expulsion, the site principal or designee can offer a in school enrollment. In addition, the school must demonstrate that:
have been attempted and a record of supports provided for the student has been documented in PowerSchool with an ongoing process of communication with families;
An out-of-school has been implemented in the past and appropriate supports have been provided to student;
The student intervention history and behavior are severe in nature and represent a risk to the safety of the student, safety of other students and/or safety of adults.
If the site administrator or designee and parent/guardian determines that a change of placement is necessary, the area superintendent must be notified and the merits of the case must be communicated to the area superintendent for review. If is in agreement with the change of placement, the area superintendent will coordinate efforts with the current site principal and receiving site principal to complete the site-initiated placement (SIP) process. When the student arrives at the receiving site, a restorative conference will take place that includes the student, parent/guardian, administrator, and counselor.
During the restorative conference, a support plan will be developed with student and family input to assist with the student’s transition to the new school of enrollment.
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If the site administrator or designee determines that a permissive expulsion is necessary, they will follow the expulsion procedures outlined in
LEVEL 4
behaviors are very severe, pose a threat to the physical safety and wellbeing of the individual student and/or others, or violate municipal codes and/or laws
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Unlawfully use, distribution or possession of a controlled substance (3rd offense)
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Committed or attempted to commit robbery or extortion
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Possessed/sold/furnished a knife/dangerous object
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Willfully caused serious physical injury, except in cases of demonstrated self-defense (non-lethal force)
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Third fight within a school year "Caused, attempted to cause, or threatened to cause physical injury to another person” (3rd offense)
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Terroristic threats against school officials or school property, or both
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Caused, attempted to cause, threatened to cause, or participated in an act of hate violence (3rd offense)
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Sexual harassment (3rd offense)
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Violation of the Title IX policy (Except sexual assault or sexual battery)
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Engaged in an act of Bullying (3rd offense in a school year )
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Furnishing a controlled substance
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Assault/battery on a school employee
*The above requirements shall not apply where a student is determined to have committed sexual assault or engaged in sexual harassment or where a change of placement is mandated under Education Code section
MANDATORY EXPULSION
LEVEL 4
THE "BIG 5" OFFENSES
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Selling a controlled substance
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Possession of a firearm
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Brandishing a knife
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Sexual Assault
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Possession of an explosive
According to California Education Code , mandatory recommendation for expulsion must be made if a student demonstrates a Level 4 behavior (ofterned referred to as the "Big 5").
Site administrators must follow the expulsion due process procedures as outlined in AR 5144.1.
The Investigations, Compliance, and Accountability Office will work in collaboration with Placement & Appeal Office, area superintendents, and departments included in the Equity & Belonging Division in order to maintain ongoing communication about students that are being recommended for expulsion.
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SELLING A
CONTROLLED
SUBSTANCE
POSSESSION OF A FIREARM
BRANDISHING A KNIFE
SEXUAL
ASSAULT
POSSESSION OF AN EXPLOSIVE
THE EXPULSION PROCESS
WHEN A STUDENT HAS PERFORMED A BEHAVIOR THAT MAY QUALIFY FOR EXPULSION
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Interview the student to allow student to share their account of the incident.​
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Consider if specific and proactive supports and have been provided to the student.
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Collect statements and evidence to determine events​​
Encourage & facilitate the completion of the sworn declaration from the student(s) targeted by the offense (If they do not want to testify, they must check box noting they don't want to testify and must write in detail on the declaration form the reason for not testifying.)
​Encourage & facilitate the completion of the sword declaration from any witnesses who observed or have information about the offense
CONSIDER THE ACTIONS AND USE THE RESTORATIVE DISCIPLINE POLICY TO DETERMINE WHETHER THE STUDENT HAS ENGAGED IN A LEVEL 3 BEHAVIOR IN THE RESTORATIVE MATRIX
If you determine that the student is eligible for suspension and that the site has provided significant interventions, proceed with the following steps:
Contact Placement & Appeals for guidance (619.344.3921)​
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The parent or guardian of the student shall attend a meeting with school officials at which time the causes, duration, school policy involved, and other matters pertinent to the suspension shall be discussed.
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Notify parent/guardian of the Permissive Recommendation for Expulsion & the 5-day suspension.
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Provide a copy of the Report on Suspension within 24 hours to the parent/guardian.
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If a student has been recommended for expulsion, a five (5) day suspension will be issued due to the seriousness of the offense (in accordance with California Law and SDUSD Restorative Discipline Policy)​
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​The pupil or the pupil’s parents or guardian have the right to request an appeal of the suspension. The written appeal must be submitted within fifteen (15) school days of the first day of suspension. For information related to a suspension appeal and/or to receive a Suspension Appeal Form, please call (619) 344-3920​. The parent or guardian has a right to review all the student’s school records.
CONTACT INVESTIGATIONS, COMPLIANCE, AND ACCOUNTABILITY TO REPORT AT
619.278.6731 OR ICAEXPULSION@SANDI.NET
IF THE STUDENT HAS AN IEP OR AN INITIAL ASSESSMENT (SUSPECTED DISABILITY), HOLD THE (MD) MEETING.
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Site IEP team informs the of intent to recommend for expulsion and arrange a meeting time & date for support BEFORE the MD meeting.
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If moving forward, contact parent/guardian to arrange a meeting time/date
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With the site IEP team, Area Network Psychologist, and parent/guardian, complete the MD Template
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Sites who recommend students with open or overdue assessments are responsible for completing those assessments regardless of placement at Alba.
CONTACT PARENTS/GUARDIANS & ARRANGE A MEETING WITHIN 24 HOURS
COMPLETE THE ON THE INVESTIGATIONS,
COMPLIANCE, AND ACCOUNTABILITY WEBSITE
Have the following documents ready to upload to submit the recommendation for expulsion form:
COMPLETE THE (CHECK EXPULSION BOX) WITHIN 24 HOURS
NOTE: If you are uploading a video, please email it to icaexpulsion@sandi.net or send a Google Drive link.
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Expulsion Cover Sheet
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Copy of the Report on Suspension
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Witness Declarations
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Victim Declarations
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Student Witness Processing and Rights form
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Printout of Incident from PowerSchool
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Statement from student being recommended for expulsion
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Withdrawal Grades/Transcript
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Manifestation Determination (If needed)
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Medical/Nurse Report (if a victim is injured)​
ONCE THE INVESTIGATIONS, COMPLIANCE, AND ACCOUNTABILITY (ICA) OFFICE HAS RECEIVED THE COMPLETED EXPULSION PACKET, ICA STAFF WILL CONTACT THE FAMILY OF THE ACCUSED TO HOLD A SUSPENSION EXTENSION MEETING (SEM).
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At the SEM, the family will be given the option to attend an expulsion hearing or stipulate to the charge.
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If the family chooses to attend an expulsion hearing, the student will be referred to ALBA pending the outcome of the expulsion hearing.
THE HEARING PROCESS
Any student recommended for expulsion shall be entitled to a hearing to determine whether they should be expelled. The hearing shall be held within 30 school days after it has been determined that the student has committed the act(s) that form the basis for the expulsion recommendation. (Education Code. )
At this time, the family and student may contest the expulsion or stipulate.
PLACEMENT & APPEAL DEPARTMENT WILL SCHEDULE A MEETING WITH THE FAMILY AT ALBA TO DISCUSS THE EXPULSION.
STUDENT & FAMILY
STIPULATE
STUDENT & FAMILY
CONTEST
Student will be enrolled in Alba Community Day School & BYPASS the hearing.
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Student will be enrolled in Alba Community Day School
PENDING the hearing.
Written notice of the expulsion hearing shall be forwarded to the student & parent/guardian at least 10 calendar days before the date of the hearing.
​Placement & Appeal will work
with the family to determine an appropriate timeline & goals for reinstatement.
(to be approved by the Board)
The administrative panel shall, within 3 school days after the hearing, determine whether to recommend expulsion of the student to the Board.
The administrative panel will gather to review the case, statements, video, etc. The panel will consist of 1 retired administrators, one SDUSD associate principal, and 1 member of Equity & Belonging
If expulsion
IS recommended
Student will remain at Alba to serve expulsion. The reinstatement date shall be no later than the last day of the semester following the semester in which the expulsion occurred (a minimum of 8 weeks). At the time of the expulsion order, the administrative panel can recommend a plan for the student's rehabilitation.
If expulsion is
NOT recommended
the expulsion proceeding shall be terminated, and the student shall be immediately reinstated and permitted to return to the school from which the referral was made, unless another placement is requested in writing by the student's parent/guardian.
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The decision to not recommend expulsion shall be final.
REINSTATEMENT
ALBA COUNSELOR & HOME SITE COUNSELOR WILL MEET 3 WEEKS BEFORE THE STUDENT'S PROJECTED RETURN DATE.
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At the conference, the student's academic progress shall be reviewed and the counseling team shall make a final recommendation regarding the student's school of reinstatement.
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The student has the ultimate right to return to their home school; however, it may be proposed that an alternative placement would be more beneficial to certain students based on need (i.e. credit recovery, etc.)
PLACEMENT & APPEALS DEPARTMENT SHALL HOLD A CONFERENCE WITH THE PARENT/GUARDIAN & STUDENT 2-3 WEEKS BEFORE THE STUDENT'S PROJECTED RETURN DATE
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At the conference, the student's reinstatement plan shall be reviewed, and the Placement & Appeal department shall verify that the provisions of this plan have been met.
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The District counselor's recommendation for school of reinstatement will be shared with the family and discussed to determine the official school student will be reinstated to.
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School regulations shall be reviewed, and the student and parent/guardian shall be asked to indicate in writing their willingness to comply with these regulations.
THE PLACEMENT & APPEALS DEPARTMENT SHALL TRANSMIT TO THE BOARD THEIR RECOMMENDATION REGARDING READMISSION.
IF READMISSION IS GRANTED, THE SUPERINTENDENT OR DESIGNEE SHALL NOTIFY THE STUDENT AND PARENT/GUARDIAN, BY REGISTERED MAIL, OF THE BOARD'S DECISION.
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The Board may deny readmission only if it finds that the student has not satisfied the conditions of the rehabilitation plan or that the student continues to pose a danger to campus safety or to other district students or employees. (Education Code )
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If the Board denies the readmission of a student, the Board shall determine either to continue the student's placement in the alternative educational program initially selected or to place the student in another program that serves expelled students, including placement in a county community school.
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The Board shall provide written notice to the expelled student and parent/guardian describing the reasons for denying re-admittance into the regular program. This notice shall indicate the Board's determination of the educational program which the Board has chosen. The student shall enroll in that program unless the parent/guardian chooses to enroll the student in another school district. (Education Code )
