Suspension, expulsion,
and the case that follows.
A school incident can generate a police referral and an expulsion hearing on parallel tracks — and what is said at the school hearing can surface in court.
How expulsion works
Not every offense is expellable.
California defines specific grounds. Some require a recommendation for expulsion; most are discretionary, and require findings that other means of correction failed or that the student's presence is a danger.
The hearing has rules.
Families are entitled to written notice, to be represented, to inspect the evidence, to present witnesses, and to a decision within statutory timelines. Most families do not know this and attend unprepared.
Statements travel.
Anything said at the school hearing can appear in a delinquency case. Coordinating the two is not optional where both are live.
Appeals exist.
An expulsion may be appealed to the county board of education within a short window, and readmission has its own process and timeline.
If your child has an IEP or 504 plan
A manifestation determination is required.
Before a change of placement for disciplinary reasons, the team must decide whether the conduct was caused by, or had a direct relationship to, the disability — or resulted from the district's failure to implement the plan.
If it was a manifestation, the placement generally cannot change.
The district must instead conduct a functional behavioral assessment and implement a behavior intervention plan.
Services continue either way.
A student with an IEP remains entitled to a free appropriate public education during a removal beyond ten days.
Get an advocate at the table.
Through our partnership with Owl Advisors, families can bring a special education consultant to the school side while the court case is handled here.
The Education Code and federal provisions that govern school discipline.
Authorities current as of 2025. Law changes; nothing here is a substitute for advice on your own facts.
Before the petition is filed.
In juvenile law, the widest set of options exists at the very beginning — at intake, before an interview, before anything is signed. Bring us the situation as it stands and we'll map what happens next.
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