Under existing law, school district boards can expel a student for certain actions and must create a rehabilitation plan, which can include tutoring or counseling. The expulsion remains until the board approves readmission, which hinges on the student meeting rehabilitation plan conditions and not being a danger to others.
AB 1230 establishes new requirements for rehabilitation plans, mandating periodic reviews, assessments 45 days before the expulsion term ends, and tailoring plans to address the behavior that led to expulsion. It also specifies that the governing board should help students access resources needed for rehabilitation and stipulates that financial or logistical barriers should not prevent readmission. The governing board cannot require that a pupil or the pupil’s parent or guardian pay for any costs or services the governing board determines to be necessary for the pupil to complete a plan of rehabilitation. The bill requires that the governing board readmit the student unless they fail to meet the plan’s conditions or pose new safety concerns.
The bill provides that a pupil may not be denied readmittance if the pupil is unable to complete the rehabilitation plan due to financial or transportation barriers or lack of viable opportunities to complete the term of the rehabilitation plan. The governing board must adopt rules and regulations regarding the readmission of expelled pupils.
Additionally, the expulsion term can be extended if the pupil fails to complete the rehabilitation plan despite having access to the necessary resources, or continues to exhibit documented behaviors for which the pupil was expelled for or is documented to have committed one or more new acts during the expulsion term. An expulsion may be extended for one semester at a time, and the pupil shall be reassessed for readmission.
Furthermore, the bill requires county educational plans for expelled students to include potential special education services, diverse educational programs, a clear readmission process, and support for integration upon return. School districts must maintain and report new data related to expulsions, including average expulsion durations.
(AB 1230 amends Sections 48916, 48916.1 of the Education Code.)
