Overview

California Education Code §48900–48927 establishes the legal framework for student discipline in public schools. These laws define when and how students may be suspended or expelled, and require schools to consider alternatives before removing students from the learning environment.

Key Principles

1. Suspension is a last resort — EC §48900.5 states that suspension shall be imposed only when other means of correction fail to bring about proper conduct, except for specific serious offenses.
2. Due process required — Students have the right to notice of charges, an explanation of evidence, and an opportunity to present their side (EC §48911).
3. Proportionality — Discipline must be proportional to the offense and consider the student's history and circumstances.

Grounds for Suspension (EC §48900)

A student may be suspended or recommended for expulsion for acts including:

• (a)(1) Caused, attempted, or threatened physical injury
• (a)(2) Willfully used force or violence
• (b) Possessed, sold, or furnished dangerous objects (including firearms and knives)
• (c) Possessed, used, sold, or furnished controlled substances or alcohol
• (d) Offered, arranged, or negotiated sale of look-alike substances
• (e) Committed robbery or extortion
• (f) Caused or attempted damage to school or private property
• (g) Stole or attempted to steal school or private property
• (h) Possessed or used tobacco products
• (i) Committed obscene act or habitual profanity
• (j) Possessed or offered drug paraphernalia
• (k) Disrupted school activities or willfully defied school authority (limited — see note below)
• (l) Knowingly received stolen property
• (m) Possessed an imitation firearm
• (n) Committed sexual assault or battery
• (o) Harassed, threatened, or intimidated a witness
• (p) Offered or sold Soma
• (q) Engaged in hazing
• (r) Engaged in bullying (including cyberbullying)
• (s) Aided or abetted infliction of physical injury (battery)
• (t) Made terroristic threats
• (u) Electronic cigarette possession/distribution

Important Limitation on Willful Defiance (EC §48900(k))

Effective through July 1, 2029, students in any grade (K–12) may not be suspended for disruption or willful defiance of authority. Previously this applied only to K–8; AB 1165 (2023) expanded this protection to all grades. Teachers may still remove students from class under EC §48910.

Other Means of Correction (EC §48900.5)

Before suspending a student, schools should have tried or considered:

• Conference with student and parent/guardian
• Referral to school counselor or other support services
• Restorative justice practices
• Study teams, guidance teams, or other intervention groups
• Referral for comprehensive psychosocial assessment
• Enrollment in community service programs
• Positive behavior interventions and supports (PBIS)
• After-school or Saturday study programs

Maximum Suspension Duration

• In-school suspension — No specific limit, but must not exceed what is reasonable
• Home suspension — Maximum 5 consecutive school days per suspension (EC §48911)
• Per school year — Maximum 20 school days total, unless expulsion proceedings are pending

Dean/Counselor Action Items

1. Document all prior interventions attempted before resorting to suspension
2. Ensure due process notice is provided to parent/guardian within one school day
3. Maintain records of the informal conference held with the student
4. Consider the student's history, age, and circumstances when determining consequences
5. Explore alternatives to suspension whenever possible