Last Updated on February 27, 2025 by Michelle Ball
By Michelle Ball, Sacramento California Expulsion, Special Education, sports/CIF, College, Education and School Attorney/Lawyer for Students since 1995
With school expulsions, it can sometimes seem hopeless. The school may be able to prove a student “did it,” and isn’t that it? Not necessarily. Schools have at least one more hurdle to jump over to expel a student in most cases (excluding the big 5 mandatory expulsion offenses).
Schools also must prove that other types of student correction have been attempted or repeatedly failed and/or the student’s actions make the student physically dangerous.
If a school cannot prove one of those, a student cannot be expelled.
Expulsion for Certain Offenses Have Additional Prerequisites
Most expulsion bases have additional prerequisites to expulsion which go beyond the act itself. California Education Code sections 48915 (b) and (e), require (for non-mandatory expulsion offenses) the following:
[A] decision to expel a pupil for any of those acts shall be based on a finding of one or both of the following:
(1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.
What does this mean? This means that the school not only has to prove the student did the expellable act, but also that “other means of correction” to school expulsion would not work, or have been tried and failed.
If the school cannot prove this, the school must show that the expellable act itself is so heinous and the student such a menace, that if the student returned to school, the student would present a “continuing danger” to the “physical safety” to themselves or others.
What are “Other Means of Correction?”
Examples of other means of correction, are:
1) Behavior contract
2) Counseling
3) Education
4) Service at school or in the community
5) Suspension itself
6) A sit-down lecture/talk
9) The items listed in Ed Code 48900.5
…or practically anything within legal bounds to address the alleged student offense.
If a school says correction has already been tried but repeatedly failed, that can be attacked at the student expulsion hearing. For example, if a student is in trouble for theft- did he have prior corrective actions related to theft or not? Were the prior school corrective actions adequate?
Can the School Prove Dangerousness?
With the physically dangerous question, the student’s act must be analyzed. Does the action truly make the student physically dangerous to others, were the student to return to school?
If the student were in a fight, had an imitation firearm, bullied, sexually harassed, etc., do the student’s actions truly show they would be a physical threat were they to return to school?
If the student is accused of something more minor, such as receiving stolen items, smoking, swearing habitually, or other act which shows no future physical threat, a parent can argue the student will not present a continuing danger were the student to return to school. This could defeat an expulsion recommendation.
What if the School Does Not Prove Other Means or Dangerousness?
If a school cannot prove other means of correction would not work or repeatedly failed, or the student presents a continuing danger, technically, they cannot expel. Will they anyway? Maybe. Then, the matter could be decided on appeal.
Student lawyer Michelle Ball helps elementary, middle, secondary school and college students address expulsions, suspensions and other discipline. As a lawyer in Sacramento, Michelle can assist students throughout California, in places such as Long Beach, Chico, Irvine, Santa Barbara, Goleta, Davis, San Francisco, Los Angeles, Folsom and many other areas.
Other suggested reading: A Simple Way To Attack Most School Expulsions: Secondary Findings
