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.
The Education Code and federal provisions that govern school discipline.
Authorities current as of 2026. 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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