{
  "_metadata": {
    "source": "https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030397&revid=nfqaOGzvplusrKdSgls2kO8Sg==",
    "scrapedAt": "2026-05-24T20:11:49.868Z",
    "method": "Playwright + Simbli ViewPolicy API scraper"
  },
  "code": "5144.2",
  "title": "Suspension And Expulsion/Due Process (Students With Disabilities)",
  "type": "AR",
  "section": "5000",
  "lastRevised": "01/13/2010",
  "lastReviewed": "01/13/2010",
  "hasAttachment": false,
  "revid": "nfqaOGzvplusrKdSgls2kO8Sg==",
  "contentHtml": "<html>\n<head>\n\t<title></title>\n\t<link href=\"https://simbli.eboardsolutions.com/ckeditor/plugins/lance/css/annotate.css\" rel=\"stylesheet\" type=\"text/css\">\n\t<link href=\"https://simbli.eboardsolutions.com/ckeditor/plugins/lite/css/lite.css?n=1234671010\" id=\"__lite__css__\" rel=\"stylesheet\" type=\"text/css\">\n\t<link href=\"https://simbli.eboardsolutions.com/ckeditor/plugins/lite/css/opentip.css\" id=\"__lite_tt_css__\" rel=\"stylesheet\" type=\"text/css\">\n\t<link href=\"https://svc.webspellchecker.net/spellcheck31/wscbundle/css/wsc.css\" rel=\"stylesheet\" type=\"text/css\">\n</head>\n\n<body data-gramm_editor=\"false\" data-wsc-instance=\"true\">\n<p>A student identified as an individual with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA) is subject to the same grounds for suspension and expulsion which apply to students without disabilities.</p>\n\n<p><strong>Procedures for Students Not Yet Eligible for Special Education Services</strong></p>\n\n<p>A student who has not been officially identified as a student with disabilities pursuant to IDEA and who has engaged in behavior that violated the district&#39;s code of student conduct may assert any of the protections under IDEA only if the district had knowledge that the student is disabled before the behavior that precipitated the disciplinary action occurred. (20 USC <span>1415</span>(k)(5); 34 CFR <span>300.534</span>)</p>\n\n<p>The district shall be deemed to have knowledge that the student has a disability if one of the following conditions exists: (20 USC <span>1415</span>(k)(5); 34 CFR <span>300.534</span>)</p>\n\n<ol>\n\t<li>The parent/guardian has expressed concern to district supervisory or administrative personnel in writing, or to a teacher of the student, that the student is in need of special education or related services.<br>\n\t&nbsp;</li>\n\t<li>The parent/guardian has requested an evaluation of the student for special education pursuant to 34 CFR <span>300.300</span>-<span>300.311</span>.<br>\n\t&nbsp;</li>\n\t<li>The teacher of the student or other district personnel has expressed specific concerns directly to the district&#39;s director of special education or to other supervisory district personnel about a pattern of behavior demonstrated by the student.</li>\n</ol>\n\n<p>The district would be deemed to not have knowledge that a student is disabled if the parent/guardian has not allowed the student to be evaluated for special education services or has refused services. In addition, the district would be deemed to not have knowledge if the district conducted an evaluation pursuant to 34 CFR <span>300.300</span>-<span>300.311</span> and determined that the student was not an individual with a disability. When the district is deemed to not have knowledge of the disability, the student shall be disciplined in accordance with procedures established for students without disabilities who engage in comparable behavior. (20 USC <span>1415</span>(k)(5); 34 CFR <span>300.534</span>)</p>\n\n<p>If a request is made for an evaluation of a student during the time period in which the student is subject to disciplinary measures pursuant to 34 CFR <span>300.530</span>, the evaluation shall be conducted in an expedited manner. Until the evaluation is completed, the student shall remain in the educational placement determined by school authorities. (20 USC <span>1415</span>(k)(5); 34 CFR <span>300.534</span>)</p>\n\n<p><strong>Suspension</strong></p>\n\n<p>The Superintendent or designee may suspend a student with a disability for up to 10 consecutive school days for a single incident of misconduct, and for up to 20 school days in a school year, as long as the suspension(s) does not constitute a change in placement pursuant to 34 CFR <span>300.536</span>. (Education Code <span>48903</span>; 34 CFR <span>300.530</span>)</p>\n\n<p>The principal or designee shall monitor the number of days, including portions of days, in which a student with a valid individualized education program (IEP) has been suspended during the school year.</p>\n\n<p>The district shall determine, on a case-by-case basis, whether a pattern of removals of a student from his/her current educational placement for disciplinary reasons constitutes a change of placement. A change of placement shall be deemed to have occurred under any of the following circumstances: (34 CFR <span>300.536</span>)</p>\n\n<ol>\n\t<li>The removal is for more than 10 consecutive school days.<br>\n\t&nbsp;</li>\n\t<li>The student has been subjected to a series of removals that constitute a pattern because of all of the following:<br>\n\t&nbsp;\n\t<ol start=\"1\" style=\"list-style-type:lower-alpha\">\n\t\t<li>The series of removals total more than 10 school days in a school year.<br>\n\t\t&nbsp;</li>\n\t\t<li>The student&#39;s behavior is substantially similar to his/her behavior in previous incidents that resulted in the series of removals.<br>\n\t\t&nbsp;</li>\n\t\t<li>Additional factors, such as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another, indicate a change of placement.</li>\n\t</ol>\n\t</li>\n</ol>\n\n<p>If the removal has been determined to be a change of placement as specified in items #1-2 above, the student&#39;s IEP team shall determine the appropriate educational services. (34 CFR <span>300.530</span>)</p>\n\n<p><strong>Services During Suspension</strong></p>\n\n<p>Any student suspended for more than 10 school days in the same school year shall continue to receive services during the term of the suspension. School personnel, in consultation with at least one of the student&#39;s teachers, shall determine the extent to which services are needed as provided in 34 CFR <span>300.101</span>(a), so as to enable the student to continue to participate in the general education curriculum in another setting and to progress toward meeting the goals as set out in his/her IEP. (20 USC <span>1412</span>(a)(1)(A); 34 CFR <span>300.530</span>)</p>\n\n<p>If a student with disabilities is excluded from school bus transportation, the student shall be provided with an alternative form of transportation at no cost to the student or his/her parent/guardian, provided that transportation is specified in his/her IEP. (Education Code <span>48915.5</span>)</p>\n\n<p><strong>Interim Alternative Educational Placement Due to Dangerous Behavior</strong></p>\n\n<p>The district may unilaterally place a student with a disability in an appropriate interim alternative educational setting for up to 45 school days, without regard to whether the behavior is a manifestation of the student&#39;s disability, when the student commits one of the following acts while at school, going to or from school, or at a school-related function: (20 USC <span>1415</span>(k)(1)(G); 34 CFR <span>300.530</span>)</p>\n\n<ol>\n\t<li>Carries or possesses a weapon, as defined in 18 USC 930<br>\n\t&nbsp;</li>\n\t<li>Knowingly possesses or uses illegal drugs<br>\n\t&nbsp;</li>\n\t<li>Sells or solicits the sale of a controlled substance as identified in 21 USC 812(c), Schedules I-V<br>\n\t&nbsp;</li>\n\t<li>Inflicts serious bodily injury upon another person as defined in 18 USC 1365</li>\n</ol>\n\n<p>The student&#39;s interim alternative educational setting shall be determined by his/her IEP team. (20 USC <span>1415</span>(k)(1)(G), 34 CFR <span>300.531</span>)</p>\n\n<p>On the date the decision to take disciplinary action is made, the parents/guardians of the student shall be notified of the decision and provided the procedural safeguards notice pursuant to 34 CFR <span>300.504</span>. (20 USC <span>1415</span>(k)(1)(H); 34 CFR <span>300.530</span>)</p>\n\n<p>A student who has been removed from his/her current placement because of dangerous behavior shall receive services to the extent necessary to allow him/her to participate in the general education curriculum and to progress toward meeting the goals set out in his/her IEP. As appropriate, the student shall also receive a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. (20 USC <span>1415</span>(k)(1)(D); 34 CFR <span>300.530</span>)</p>\n\n<p><strong>Manifestation Determination</strong></p>\n\n<p>The following procedural safeguards shall apply when a student is suspended for more than 10 consecutive school days, when a series of removals of a student constitutes a pattern, or when a change of placement of a student is contemplated due to a violation of the district&#39;s code of conduct:</p>\n\n<ol>\n\t<li>Notice: On the date the decision to take disciplinary action is made, the parents/guardians of the student shall be notified of the decision and provided the procedural safeguards notice pursuant to 34 CFR <span>300.504</span>. (20 USC <span>1415</span>(k)(1)(H); 34 CFR <span>300.530</span>)<br>\n\t&nbsp;</li>\n\t<li>Manifestation Determination Review: Immediately if possible, but in no case later than 10 school days after the date the decision to take disciplinary action is made, a manifestation determination review shall be made of the relationship between the student&#39;s disability and the behavior subject to the disciplinary action. (20 USC <span>1415</span>(k)(1)(E); 34 CFR <span>300.530</span>)<br>\n\t<br>\n\t​​​​​​​At the manifestation determination review, the district, the student&#39;s parent/guardian, and relevant members of the IEP team (as determined by the district and parent/guardian) shall review all relevant information in the student&#39;s file, including the student&#39;s IEP, any teacher observations, and any relevant information provided by the parents/guardians, to determine whether the conduct in question was either of the following: (20 USC <span>1415</span>(k)(1)(E); 34 CFR <span>300.530</span>)<br>\n\t&nbsp;\n\t<ol start=\"1\" style=\"list-style-type:lower-alpha\">\n\t\t<li>Caused by or had a direct and substantial relationship to the student&#39;s disability<br>\n\t\t&nbsp;</li>\n\t\t<li>A direct result of the district&#39;s failure to implement the student&#39;s IEP, in which case the district shall take immediate steps to remedy those deficiencies<br>\n\t\t<br>\n\t\tIf the manifestation review team determines that a condition in either #a or #b above was met, the conduct shall then be determined to be a manifestation of the student&#39;s disability. (20 USC <span>1415</span>(k)(1)(E); 34 CFR <span>300.530</span>)<br>\n\t\t&nbsp;</li>\n\t</ol>\n\t</li>\n\t<li>Determination that Behavior is a Manifestation of the Student&#39;s Disability: When the conduct has been determined to be a manifestation of the student&#39;s disability, the IEP team shall conduct a functional behavioral assessment, unless a functional behavioral assessment had been conducted before the occurrence of the behavior that resulted in the change of placement, and shall implement a behavioral intervention plan for the student. If a behavior intervention plan has already been developed, the IEP team shall review the behavioral intervention plan and modify it as necessary to address the behavior. (20 USC <span>1415</span>(k)(1)(F); 34 CFR <span>300.530</span>)<br>\n\t<br>\n\tThe student shall be returned to the placement from which he/she was removed, unless the parent/guardian and district agree to a change of placement as part of the modification of the behavioral intervention plan. (20 USC <span>1415</span>(k)(1)(F); 34 CFR <span>300.530</span>)<br>\n\t&nbsp;</li>\n\t<li>Determination that Behavior is Not a Manifestation of the Student&#39;s Disability: If the manifestation determination review team determines that the student&#39;s behavior was not a manifestation of his/her disability, the student may be disciplined in accordance with the procedures for students without disabilities. (20 USC <span>1415</span>(k)(1)(D); 34 CFR <span>300.530</span>)</li>\n</ol>\n\n<p>The student shall receive services to the extent necessary to participate in the general education curriculum in another setting and to allow him/her to progress toward meeting the goals set out in his/her IEP. As appropriate, the student shall also receive a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. (20 USC <span>1415</span>(k)(1)(D); 34 CFR <span>300.530</span>)</p>\n\n<p><strong>Due Process Appeals</strong></p>\n\n<p>If the parent/guardian disagrees with any district decision regarding placement under 34 CFR <span>300.530</span> (suspension and removal for dangerous circumstances) or 34 CFR <span>300.531</span> (interim alternative placement), or the manifestation determination under 34 CFR <span>300.530</span>(e), he/she may appeal the decision by requesting a hearing. The district may request a hearing if the district believes that maintaining the student&#39;s current placement is substantially likely to result in injury to the student or others. In order to request a hearing, the requesting party shall file a complaint pursuant to 34 CFR <span>300.507</span> and <span>300.508</span>(a) and (b). (20 USC <span>1415</span>(k)(3); 34 CFR <span>300.532</span>)</p>\n\n<p>Whenever a hearing is requested as specified above, the parent/guardian or the district shall have an opportunity for an expedited due process hearing consistent with requirements specified in 34 CFR <span>300.507</span>, <span>300.508</span> (a)-(c), and 300.510-300.514.</p>\n\n<p>If the student&#39;s parent/guardian or the district has initiated a due process hearing under 34 CFR <span>300.532</span> as detailed above, the student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the 45-day time period, whichever occurs first, unless the parent/guardian and district agree otherwise. (20 USC <span>1415</span>(k)(4); 34 CFR <span>300.533</span>)</p>\n\n<p><strong>Readmission</strong></p>\n\n<p>Readmission procedures for students with disabilities shall be the same as those used for all students. Upon readmission, an IEP team meeting shall be convened.</p>\n\n<p><strong>Suspension of Expulsion</strong></p>\n\n<p>The Board of Education&#39;s criteria for suspending the enforcement of an expulsion order shall be applied to students with disabilities in the same manner as they are applied to all other students. (Education Code <span>48917</span>)</p>\n\n<p>Notification to Law Enforcement Authorities</p>\n\n<p>Prior to the suspension or expulsion of any student with a disability, the principal or designee shall notify appropriate city or county law enforcement authorities of any act of assault with a deadly weapon which may have violated Penal Code <span>245</span>. (Education Code <span>48902</span>)</p>\n\n<p>The principal or designee also shall notify appropriate city or county law enforcement authorities of acts by any student with a disability which may involve the possession or sale of narcotics or of a controlled substance or possession of weapons or firearms in violation of Penal Code <span>626.9</span> and <span>626.10</span>. (Education Code <span>48902</span>)</p>\n\n<p>Within one school day after a suspension or expulsion of a student with disabilities, the principal or designee shall notify appropriate city or county law enforcement authorities, by telephone or other appropriate means, of any act by the student which may violate Education Code <span>48900</span>(c) or (d), relating to the possession, use, offering or sale of controlled substances, alcohol or intoxicants of any kind. (Education Code <span>48902</span>)</p>\n\n<p><strong>Report to County Superintendent of Schools</strong></p>\n\n<p>The Superintendent or designee shall report to the County Superintendent when any special education student has been expelled or suspended for more than 10 school days. The report shall include the student&#39;s name, last known address, and the reason for the action. (Education Code <span>48203</span>)</p>\n</body>\n</html>\n",
  "contentText": "A student identified as an individual with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA) is subject to the same grounds for suspension and expulsion which apply to students without disabilities.\n\nProcedures for Students Not Yet Eligible for Special Education Services\n\nA student who has not been officially identified as a student with disabilities pursuant to IDEA and who has engaged in behavior that violated the district's code of student conduct may assert any of the protections under IDEA only if the district had knowledge that the student is disabled before the behavior that precipitated the disciplinary action occurred. (20 USC 1415(k)(5); 34 CFR 300.534)\n\nThe district shall be deemed to have knowledge that the student has a disability if one of the following conditions exists: (20 USC 1415(k)(5); 34 CFR 300.534)\n\n- The parent/guardian has expressed concern to district supervisory or administrative personnel in writing, or to a teacher of the student, that the student is in need of special education or related services.\n\n- The parent/guardian has requested an evaluation of the student for special education pursuant to 34 CFR 300.300-300.311.\n\n- The teacher of the student or other district personnel has expressed specific concerns directly to the district's director of special education or to other supervisory district personnel about a pattern of behavior demonstrated by the student.\n\nThe district would be deemed to not have knowledge that a student is disabled if the parent/guardian has not allowed the student to be evaluated for special education services or has refused services. In addition, the district would be deemed to not have knowledge if the district conducted an evaluation pursuant to 34 CFR 300.300-300.311 and determined that the student was not an individual with a disability. When the district is deemed to not have knowledge of the disability, the student shall be disciplined in accordance with procedures established for students without disabilities who engage in comparable behavior. (20 USC 1415(k)(5); 34 CFR 300.534)\n\nIf a request is made for an evaluation of a student during the time period in which the student is subject to disciplinary measures pursuant to 34 CFR 300.530, the evaluation shall be conducted in an expedited manner. Until the evaluation is completed, the student shall remain in the educational placement determined by school authorities. (20 USC 1415(k)(5); 34 CFR 300.534)\n\nSuspension\n\nThe Superintendent or designee may suspend a student with a disability for up to 10 consecutive school days for a single incident of misconduct, and for up to 20 school days in a school year, as long as the suspension(s) does not constitute a change in placement pursuant to 34 CFR 300.536. (Education Code 48903; 34 CFR 300.530)\n\nThe principal or designee shall monitor the number of days, including portions of days, in which a student with a valid individualized education program (IEP) has been suspended during the school year.\n\nThe district shall determine, on a case-by-case basis, whether a pattern of removals of a student from his/her current educational placement for disciplinary reasons constitutes a change of placement. A change of placement shall be deemed to have occurred under any of the following circumstances: (34 CFR 300.536)\n\n- The removal is for more than 10 consecutive school days.\n\n- The student has been subjected to a series of removals that constitute a pattern because of all of the following:\n\n- The series of removals total more than 10 school days in a school year.\n\n- The student's behavior is substantially similar to his/her behavior in previous incidents that resulted in the series of removals.\n\n- Additional factors, such as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another, indicate a change of placement.\n\nIf the removal has been determined to be a change of placement as specified in items #1-2 above, the student's IEP team shall determine the appropriate educational services. (34 CFR 300.530)\n\nServices During Suspension\n\nAny student suspended for more than 10 school days in the same school year shall continue to receive services during the term of the suspension. School personnel, in consultation with at least one of the student's teachers, shall determine the extent to which services are needed as provided in 34 CFR 300.101(a), so as to enable the student to continue to participate in the general education curriculum in another setting and to progress toward meeting the goals as set out in his/her IEP. (20 USC 1412(a)(1)(A); 34 CFR 300.530)\n\nIf a student with disabilities is excluded from school bus transportation, the student shall be provided with an alternative form of transportation at no cost to the student or his/her parent/guardian, provided that transportation is specified in his/her IEP. (Education Code 48915.5)\n\nInterim Alternative Educational Placement Due to Dangerous Behavior\n\nThe district may unilaterally place a student with a disability in an appropriate interim alternative educational setting for up to 45 school days, without regard to whether the behavior is a manifestation of the student's disability, when the student commits one of the following acts while at school, going to or from school, or at a school-related function: (20 USC 1415(k)(1)(G); 34 CFR 300.530)\n\n- Carries or possesses a weapon, as defined in 18 USC 930\n\n- Knowingly possesses or uses illegal drugs\n\n- Sells or solicits the sale of a controlled substance as identified in 21 USC 812(c), Schedules I-V\n\n- Inflicts serious bodily injury upon another person as defined in 18 USC 1365\n\nThe student's interim alternative educational setting shall be determined by his/her IEP team. (20 USC 1415(k)(1)(G), 34 CFR 300.531)\n\nOn the date the decision to take disciplinary action is made, the parents/guardians of the student shall be notified of the decision and provided the procedural safeguards notice pursuant to 34 CFR 300.504. (20 USC 1415(k)(1)(H); 34 CFR 300.530)\n\nA student who has been removed from his/her current placement because of dangerous behavior shall receive services to the extent necessary to allow him/her to participate in the general education curriculum and to progress toward meeting the goals set out in his/her IEP. As appropriate, the student shall also receive a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. (20 USC 1415(k)(1)(D); 34 CFR 300.530)\n\nManifestation Determination\n\nThe following procedural safeguards shall apply when a student is suspended for more than 10 consecutive school days, when a series of removals of a student constitutes a pattern, or when a change of placement of a student is contemplated due to a violation of the district's code of conduct:\n\n- Notice: On the date the decision to take disciplinary action is made, the parents/guardians of the student shall be notified of the decision and provided the procedural safeguards notice pursuant to 34 CFR 300.504. (20 USC 1415(k)(1)(H); 34 CFR 300.530)\n\n- Manifestation Determination Review: Immediately if possible, but in no case later than 10 school days after the date the decision to take disciplinary action is made, a manifestation determination review shall be made of the relationship between the student's disability and the behavior subject to the disciplinary action. (20 USC 1415(k)(1)(E); 34 CFR 300.530)\n\n\t​​​​​​​At the manifestation determination review, the district, the student's parent/guardian, and relevant members of the IEP team (as determined by the district and parent/guardian) shall review all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents/guardians, to determine whether the conduct in question was either of the following: (20 USC 1415(k)(1)(E); 34 CFR 300.530)\n\n- Caused by or had a direct and substantial relationship to the student's disability\n\n- A direct result of the district's failure to implement the student's IEP, in which case the district shall take immediate steps to remedy those deficiencies\n\n\t\tIf the manifestation review team determines that a condition in either #a or #b above was met, the conduct shall then be determined to be a manifestation of the student's disability. (20 USC 1415(k)(1)(E); 34 CFR 300.530)\n\n- Determination that Behavior is a Manifestation of the Student's Disability: When the conduct has been determined to be a manifestation of the student's disability, the IEP team shall conduct a functional behavioral assessment, unless a functional behavioral assessment had been conducted before the occurrence of the behavior that resulted in the change of placement, and shall implement a behavioral intervention plan for the student. If a behavior intervention plan has already been developed, the IEP team shall review the behavioral intervention plan and modify it as necessary to address the behavior. (20 USC 1415(k)(1)(F); 34 CFR 300.530)\n\n\tThe student shall be returned to the placement from which he/she was removed, unless the parent/guardian and district agree to a change of placement as part of the modification of the behavioral intervention plan. (20 USC 1415(k)(1)(F); 34 CFR 300.530)\n\n- Determination that Behavior is Not a Manifestation of the Student's Disability: If the manifestation determination review team determines that the student's behavior was not a manifestation of his/her disability, the student may be disciplined in accordance with the procedures for students without disabilities. (20 USC 1415(k)(1)(D); 34 CFR 300.530)\n\nThe student shall receive services to the extent necessary to participate in the general education curriculum in another setting and to allow him/her to progress toward meeting the goals set out in his/her IEP. As appropriate, the student shall also receive a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur. (20 USC 1415(k)(1)(D); 34 CFR 300.530)\n\nDue Process Appeals\n\nIf the parent/guardian disagrees with any district decision regarding placement under 34 CFR 300.530 (suspension and removal for dangerous circumstances) or 34 CFR 300.531 (interim alternative placement), or the manifestation determination under 34 CFR 300.530(e), he/she may appeal the decision by requesting a hearing. The district may request a hearing if the district believes that maintaining the student's current placement is substantially likely to result in injury to the student or others. In order to request a hearing, the requesting party shall file a complaint pursuant to 34 CFR 300.507 and 300.508(a) and (b). (20 USC 1415(k)(3); 34 CFR 300.532)\n\nWhenever a hearing is requested as specified above, the parent/guardian or the district shall have an opportunity for an expedited due process hearing consistent with requirements specified in 34 CFR 300.507, 300.508 (a)-(c), and 300.510-300.514.\n\nIf the student's parent/guardian or the district has initiated a due process hearing under 34 CFR 300.532 as detailed above, the student shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the 45-day time period, whichever occurs first, unless the parent/guardian and district agree otherwise. (20 USC 1415(k)(4); 34 CFR 300.533)\n\nReadmission\n\nReadmission procedures for students with disabilities shall be the same as those used for all students. Upon readmission, an IEP team meeting shall be convened.\n\nSuspension of Expulsion\n\nThe Board of Education's criteria for suspending the enforcement of an expulsion order shall be applied to students with disabilities in the same manner as they are applied to all other students. (Education Code 48917)\n\nNotification to Law Enforcement Authorities\n\nPrior to the suspension or expulsion of any student with a disability, the principal or designee shall notify appropriate city or county law enforcement authorities of any act of assault with a deadly weapon which may have violated Penal Code 245. (Education Code 48902)\n\nThe principal or designee also shall notify appropriate city or county law enforcement authorities of acts by any student with a disability which may involve the possession or sale of narcotics or of a controlled substance or possession of weapons or firearms in violation of Penal Code 626.9 and 626.10. (Education Code 48902)\n\nWithin one school day after a suspension or expulsion of a student with disabilities, the principal or designee shall notify appropriate city or county law enforcement authorities, by telephone or other appropriate means, of any act by the student which may violate Education Code 48900(c) or (d), relating to the possession, use, offering or sale of controlled substances, alcohol or intoxicants of any kind. (Education Code 48902)\n\nReport to County Superintendent of Schools\n\nThe Superintendent or designee shall report to the County Superintendent when any special education student has been expelled or suspended for more than 10 school days. The report shall include the student's name, last known address, and the reason for the action. (Education Code 48203)",
  "footnotes": [
    {
      "type": "State",
      "references": [
        {
          "code": "Ed. Code 35146",
          "description": "Closed sessions regarding suspensions",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=35146."
        },
        {
          "code": "Ed. Code 35291",
          "description": "Rules of governing board",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=35291."
        },
        {
          "code": "Ed. Code 48203",
          "description": "Reports of severance of attendance of disabled students",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=48203."
        },
        {
          "code": "Ed. Code 48853.5",
          "description": "Foster youth and Indian child’s representatives’ right to receive notices",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=48853.5."
        },
        {
          "code": "Ed. Code 48900-48925",
          "description": "Suspension and expulsion",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=27.&chapter=6.&article=1."
        },
        {
          "code": "Ed. Code 49076",
          "description": "Access to student records",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=49076."
        },
        {
          "code": "Ed. Code 56000",
          "description": "Special education; legislative findings and declarations",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=56000."
        },
        {
          "code": "Ed. Code 56320",
          "description": "Educational needs; requirements",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=56320."
        },
        {
          "code": "Ed. Code 56321",
          "description": "Development or revision of individualized education program",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=56321."
        },
        {
          "code": "Ed. Code 56329",
          "description": "Independent educational assessment",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=56329."
        },
        {
          "code": "Ed. Code 56340-56347",
          "description": "Individualized education program teams",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=4.&title=2.&part=30.&chapter=4.&article=3."
        },
        {
          "code": "Ed. Code 56505",
          "description": "State hearing",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=56505."
        },
        {
          "code": "Ed. Code 56521.2",
          "description": "Behavioral interventions",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=56521.2."
        },
        {
          "code": "Pen. Code 245",
          "description": "Assault with deadly weapon",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=245."
        },
        {
          "code": "Pen. Code 626.10",
          "description": "Dirks, daggers, knives, razors, or stun guns",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=626.10."
        },
        {
          "code": "Pen. Code 626.2",
          "description": "Entry upon campus after written notice of suspension or dismissal without permission",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=626.2."
        },
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          "code": "Pen. Code 626.9",
          "description": "Gun-Free School Zone Act of 1995",
          "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=626.9."
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        {
          "code": "18 USC 1365",
          "description": "Serious bodily injury",
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        },
        {
          "code": "18 USC 930",
          "description": "Weapons",
          "url": "https://uscode.house.gov/view.xhtml?req=(title:18%20section:930%20edition:prelim)%20OR%20(granuleid:USC-prelim-title18-section930)&f=treesort&edition=prelim&num=0&jumpTo=true"
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        {
          "code": "20 USC 1412",
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        },
        {
          "code": "20 USC 1414",
          "description": "Evaluations, eligibility determinations, individualized education programs, and educational placements",
          "url": "https://uscode.house.gov/view.xhtml?req=(title:20%20section:1414%20edition:prelim)%20OR%20(granuleid:USC-prelim-title20-section1414)&f=treesort&edition=prelim&num=0&jumpTo=true"
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        {
          "code": "20 USC 1415",
          "description": "Procedural safeguards",
          "url": "https://uscode.house.gov/view.xhtml?req=(title:20%20section:1415%20edition:prelim)%20OR%20(granuleid:USC-prelim-title20-section1415)&f=treesort&edition=prelim&num=0&jumpTo=true"
        },
        {
          "code": "21 USC 812",
          "description": "Schedule of controlled substances",
          "url": "https://uscode.house.gov/view.xhtml?req=(title:21%20section:812%20edition:prelim)%20OR%20(granuleid:USC-prelim-title21-section812)&f=treesort&edition=prelim&num=0&jumpTo=true"
        },
        {
          "code": "29 USC 794",
          "description": "Rehabilitation Act of 1973; Section 504",
          "url": "https://uscode.house.gov/view.xhtml?req=(title:29%20section:794%20edition:prelim)%20OR%20(granuleid:USC-prelim-title29-section794)&f=treesort&edition=prelim&num=0&jumpTo=true"
        },
        {
          "code": "34 CFR 104.35",
          "description": "Evaluation and placement",
          "url": "https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-104/subpart-D/section-104.35"
        },
        {
          "code": "34 CFR 104.36",
          "description": "Procedural safeguards",
          "url": "https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-104/subpart-D/section-104.36"
        },
        {
          "code": "34 CFR 300.1-300.818",
          "description": "Assistance to states for the education of students with disabilities",
          "url": "https://www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-300"
        },
        {
          "code": "34 CFR 300.530-300.537",
          "description": "Discipline procedures",
          "url": ""
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        {
          "code": "Court Decision",
          "description": "Honig v. Doe (1988) 484 U.S. 305",
          "url": "https://law.justia.com/cases/"
        },
        {
          "code": "Court Decision",
          "description": "M.P. v. Governing Board of Grossmont Union High School District (1994) 858 F.Supp. 1044",
          "url": "https://law.justia.com/cases/"
        },
        {
          "code": "Court Decision",
          "description": "Parents of Student W. v. Puyallup School District (1994 9th Cir.) 31 F.3d 1489",
          "url": "https://law.justia.com/cases/"
        },
        {
          "code": "Court Decision",
          "description": "Schaffer v. Weast (2005) 546 U.S. 49",
          "url": "https://law.justia.com/cases/"
        },
        {
          "code": "Federal Register",
          "description": "Rules and Regulations, August 14, 2006, Vol. 71, Number 156, pages 46539-46845",
          "url": "https://www.govinfo.gov/content/pkg/FR-2006-08-14/html/06-6656.htm"
        },
        {
          "code": "Ofc of Special Education & Rehabilitative Svcs Pub",
          "description": "Dear Colleague Letter on Implementation of IDEA Discipline Provisions, July 2022",
          "url": "https://sites.ed.gov/idea/files/dcl-implementation-of-idea-discipline-provisions.pdf"
        },
        {
          "code": "Ofc of Special Education & Rehabilitative Svcs Pub",
          "description": "Dear Colleague Letter on Ensuring Equity and Providing Behavioral Support to Students with Disabilities, August 2016",
          "url": "https://sites.ed.gov/idea/files/dcl-on-pbis-in-ieps-08-01-2016.pdf"
        },
        {
          "code": "Ofc of Special Education & Rehabilitative Svcs Pub",
          "description": "Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions, July 2022",
          "url": "https://sites.ed.gov/idea/files/guide-positive-proactive-approaches-to-supporting-children-with-disabilities.pdf"
        },
        {
          "code": "Ofc of Special Education & Rehabilitative Svcs Pub",
          "description": "Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders, July 2022",
          "url": "https://sites.ed.gov/idea/files/guide-positive-proactive-approaches-to-supporting-children-with-disabilities.pdf"
        },
        {
          "code": "Office of Administrative Hearings",
          "description": "Parent v. Fairfield-Suisun Unified School District (2012) Case No. 2012030917",
          "url": "http://file:///C:/Users/plee/Downloads/2012030917ExpAmendedAcc.pdf"
        },
        {
          "code": "U.S. DOE & U.S. DOJ Civil Rights Divisions Pub",
          "description": "Resource on Confronting Racial Discrimination in Student Discipline, May 2023",
          "url": "https://www2.ed.gov/about/offices/list/ocr/docs/tvi-student-discipline-resource-202305.pdf"
        },
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          "code": "U.S. DOE Publication",
          "description": "Guiding Principles for Creating Safe, Inclusive, Supportive, and Fair School Climates, March 2023",
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          "code": "U.S. DOE, Office for Civil Rights Publication",
          "description": "Fact Sheet: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973",
          "url": "https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-factsheet.pdf"
        },
        {
          "code": "Website",
          "description": "CSBA District and County Office of Education Legal Services",
          "url": "https://legalservices.csba.org/"
        },
        {
          "code": "Website",
          "description": "U.S. Department of Education, Office of Special Education and Rehabilitative Services",
          "url": "http://www.ed.gov/about/offices/list/osers"
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        {
          "code": "Website",
          "description": "California Department of Education, Special Education",
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        },
        {
          "code": "Website",
          "description": "U.S. Department of Education, Office for Civil Rights",
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      "code": "0450",
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      "code": "0450",
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    {
      "code": "0460",
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    {
      "code": "0460",
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      "code": "3513.4",
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    {
      "code": "3541.2",
      "title": "Transportation For Students With Disabilities",
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      "code": "3541.2",
      "title": "Transportation For Students With Disabilities",
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      "code": "4118",
      "title": "Dismissal/Suspension/Disciplinary Action",
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      "code": "4118",
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      "code": "4158",
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    {
      "code": "4258",
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      "code": "4358",
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    {
      "code": "5116.2",
      "title": "Involuntary Student Transfers",
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    {
      "code": "5125",
      "title": "Student Records",
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    {
      "code": "5125",
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    {
      "code": "5131",
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      "code": "5131.2",
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    {
      "code": "5131.2",
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      "code": "5131.4",
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      "code": "5131.4",
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    {
      "code": "5131.62",
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    {
      "code": "5131.62",
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      "type": "AR"
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    {
      "code": "5131.7",
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    {
      "code": "5131.7",
      "title": "Weapons And Dangerous Instruments",
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    {
      "code": "5137",
      "title": "Positive School Climate",
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    {
      "code": "5138",
      "title": "Conflict Resolution/Peer Mediation",
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    {
      "code": "5144",
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    {
      "code": "5144",
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    {
      "code": "5144.1",
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      "code": "5144.1",
      "title": "Suspension And Expulsion/Due Process",
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    {
      "code": "5144.4",
      "title": "Required Parental Attendance",
      "type": "AR"
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    {
      "code": "5145.2",
      "title": "Freedom Of Speech/Expression",
      "type": "AR"
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      "code": "5145.2",
      "title": "Freedom Of Speech/Expression",
      "type": "AR"
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      "code": "5145.3",
      "title": "Nondiscrimination/Harassment",
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    {
      "code": "5145.3",
      "title": "Nondiscrimination/Harassment",
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    {
      "code": "5145.6",
      "title": "Parent/Guardian Notifications",
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      "code": "5145.6-E PDF(1)",
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      "code": "5145.7",
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    {
      "code": "5145.7",
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    {
      "code": "5145.9",
      "title": "Hate-Motivated Behavior",
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      "code": "6145",
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      "code": "6145",
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    {
      "code": "6159",
      "title": "Individualized Education Program",
      "type": "AR"
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    {
      "code": "6159",
      "title": "Individualized Education Program",
      "type": "AR"
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    {
      "code": "6159.3",
      "title": "Appointment Of Surrogate Parent For Special Education Students",
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      "code": "6159.3",
      "title": "Appointment Of Surrogate Parent For Special Education Students",
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    {
      "code": "6163.4",
      "title": "Student Use Of Technology",
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    {
      "code": "6163.4",
      "title": "Student Use Of Technology",
      "type": "AR"
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    {
      "code": "6163.4-E PDF(1)",
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      "code": "6164.4",
      "title": "Identification And Evaluation Of Individuals For Special Education",
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    {
      "code": "6164.4",
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      "code": "6164.5",
      "title": "Student Success Teams",
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      "code": "6164.5",
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      "code": "6164.6",
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    {
      "code": "6164.6",
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    {
      "code": "6173",
      "title": "Education For Homeless Children",
      "type": "AR"
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    {
      "code": "6173",
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    {
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