Does It Really Matter If Students Can't Be Expelled Or Suspended For Willful Defiance Or Disruption?
By Michelle Ball, California Education Attorney for Students since 1995 Recently, the suspension and expulsion codes of California were altered to take "willfully defied" and "disrupted" out of the mix as bases for expulsion (any grade) and for suspension through third grade. Per the pre-2015 codes, these could be suspendable or expellable offenses. Does this change really matter? Since starting as an attorney in the education law field, I have addressed many school expulsions. Almost all expulsions I have seen have included California Education Code � 48900(k) [disruption/defiance] which I call the "catch-all" section. This section has "applied" (per school authorities only) to personnel having to call a kid out of class and talk to the child on a situation they caused, watching a fight, or any "waste" of school staff time. Although frequently used, and very upsetting to parents looking at this section on an expulsion form, I hav...