Stopping Expulsions in California: Secondary Findings a Potent Defense
It’s the phone call that every parent dreads: your child has allegedly committed a serious offense at school and is facing the possibility of expulsion. Expulsion is a serious and lasting mark on a student’s record. However, California law requires that schools meet a very high standard before expelling students for many offenses. In many cases, schools must demonstrate that repeated prior measures were taken or that serious safety issues are present to justify an expulsion.
If your student faces possible expulsion from a California school, call the experienced education attorneys at the LLF National Law Firm. Our Student Defense Team can help you navigate this complex legal framework. Call us at 888.535.3686 or leave your details on our online form, and we will reach out to you.
What the School Must Prove Before Expulsion in CA
California law sets a high standard for student expulsion, requiring it to be used only as a last resort in the most serious cases. To expel a student, the school must prove:
- The student committed the offense charged, and this offense is a lawful ground for expulsion.
- The offense was related to school or school activity.
- All procedures and time requirements have been met.
- For discretionary offenses (where the school is not required to expel), the school must prove “secondary findings” (see below).
Mandatory vs. Discretionary Offenses
Not all student offenses are created equal under CA law. Some particularly serious offenses call for mandatory suspension or expulsion. For other offenses, whether to impose an expulsion is discretionary. In that case, the school administration has the authority to decide whether expulsion is appropriate. Fully discretionary offenses include stealing, tobacco possession, vulgarity, and possession of a fake firearm.
Medium-discretionary offenses are a sort of “grey area” between mandatory and fully discretionary, where the administrator has the power not to recommend expulsion. Medium-discretionary offenses include:
- Possession of a knife or dangerous object.
- Causing physical injury (except in self-defense).
- Possession of a controlled substance, except for a first offense of possession of less than an ounce of marijuana.
- Robbery or extortion.
- Assault or battery on a school employee.
For either fully discretionary or medium-discretionary offenses, the administration must establish a secondary finding to expel a student.
Secondary Findings Needed to Avoid Expulsion
To expel a student for discretionary or medium-discretion offenses, the school must prove one or both secondary findings. These secondary findings are:
- Other corrective measures are “not feasible” or have repeatedly failed to produce “proper conduct.”
- Because of the nature of the offense, the student’s presence poses “a continuing danger to the physical safety of the student or others.”
The school must prove only one of these secondary findings, not both. These secondary factors provide students with a potent defense against expulsion. Where a student has a limited disciplinary record, the school must establish that the student poses a continuing physical danger before expelling the student.
The LLF National Law Firm Defends CA Students
The LLF National Law Firm defends students against expulsion and other disciplinary measures in California. Our Student Defense Team understands California laws and student discipline culture, and we can vigorously defend against suspension or expulsion. We have a proven track record of defending students across the nation in cases that initially involved a likely suspension or expulsion. Call us at 888.535.3686 or leave your details on our online form, and we will reach out to you.