One More Tool To Stop Your Child's Expulsion: No Proof Of Other Means Of Correction Or Physical Danger
By Michelle Ball, California Education Attorney for Students since 1995 With school expulsions, it can sometimes seem hopeless. The school may be able to prove a child "did it," and isn't that it? Not necessarily. Schools have at least one more hurdle to jump over to expel a child in most cases (excluding the big 5 mandatory expulsion offenses ): proving that other types of correction have been attempted or repeatedly failed and/or the act itself makes the child physically dangerous. Specifically, 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...