In California there are only five cases where a public school student MUST be expelled. Please see Education Code section 48915(c) for more specifics [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=48001-49000&file=48900-48927]:
1) Possessing, selling or furnishing a firearm.
2) Brandishing a knife at another person.
3) Unlawfully selling a controlled substance.
4) Committing or attempting to commit a sexual assault or committing a sexual battery.
5) Possession of an explosive.
These are the big 5. IF the district can prove at their hearing that one of these occurred they are legally obligated to expel a student. Additionally, per California Education Code 48916, an expulsion under any of these five areas will not have a readmission review date until a full calendar year after the date the governing board votes to expel. The governing board, however, may set an earlier date on a case-by-case basis.
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814