Your child came home from school early. The principal says the school suspended them. You have questions: Was the school allowed to do this? Did the school follow the required process? How long can the suspension last? And what can you do if you believe the decision was wrong?
California law sets specific rules for student suspensions. These rules cover when schools can suspend students, how long suspensions can last, and what procedures schools must follow. The laws also protect specific rights for students and parents. The California Education Code establishes these rules, rather than individual school districts. They apply to California public schools statewide.
California has also changed these rules in recent years. Current law restricts suspensions for so-called willful defiance across all grade levels. These rules can help parents determine whether a school acted within its authority and whether they should challenge a suspension.
What Is a Student Suspension in California?
A suspension is a temporary removal of a student from school. California distinguishes between two types.
Out-of-school suspension: The school sends the student home and excludes them from campus for a set number of school days. The student remains enrolled and may return when the suspension ends.
In-school or supervised suspension: Under Education Code section 48911.1, a school may instead assign a student to a supervised classroom on campus for the suspension period. The student must have access to counseling, and teachers must provide assignments so the student can continue their coursework.
A suspension is not an expulsion. Expulsion removes a student from their school and potentially from the entire district. Suspension is temporary. But repeated suspensions can contribute to an expulsion recommendation, which is a more serious and more involved process.
What Conduct Can Lead to Suspension Under California Law?
California Education Code section 48900 is the starting point. A student can only be suspended if the principal or district superintendent determines the student committed one of the specific acts listed in that statute. There is no general authority to suspend a student for any conduct the school finds inappropriate.
The listed grounds cover several categories of conduct.
Physical Harm, Weapons, and Dangerous Conduct
- Physical harm or threats: Causing, attempting to cause, or threatening physical injury to another person, or using force or violence, except in self-defense.
- Weapons and dangerous objects: Possessing, selling, or furnishing a firearm, knife, explosive, or other dangerous object without written staff permission.
- Controlled substances: Unlawfully possessing, using, selling, or being under the influence of a controlled substance, alcohol, or intoxicant.
- Robbery or extortion: Committing or attempting to commit robbery or extortion.
- Sexual assault or battery: Committing or attempting to commit sexual assault or sexual battery.
- Terrorism threats: Making terrorist threats against school officials or school property under Education Code section 48900.7.
Property, Theft, and Prohibited Items
- Property damage or theft: Causing or attempting to cause damage to school or private property, or stealing property.
- Tobacco or nicotine products: Possessing, using, or selling tobacco or nicotine products.
- Drug paraphernalia: Unlawfully possessing or offering drug paraphernalia.
- Receiving stolen property: Knowingly receiving stolen property.
- Imitative firearms: Possessing an imitation firearm that closely resembles a real weapon and could reasonably be mistaken for one.
Disruption, Defiance, and Student Conduct
- Obscene acts or profanity: Committing an obscene act or engaging in habitual profanity or vulgarity.
- Disruption or defiance: Disrupting school activities or willfully defying school authority. However, recent law changes now severely limit suspensions based on willful defiance. See the section below for more details.
- Harassment, threats, or intimidation: Harassing, threatening, or intimidating a student who is or is perceived to be a witness in a school disciplinary proceeding.
- Sexual harassment: Engaging in sexual harassment that seriously or persistently disrupts academic performance or creates a hostile educational environment. This ground applies to students in grades 4 through 12 under Education Code section 48900.2.
Hate Violence and Bullying
- Hate violence: Causing, attempting to cause, or threatening to cause hate violence. This ground applies to students in grades 4 through 12 under Education Code section 48900.3.
- Bullying: Engaging in or attempting to engage in bullying, including bullying through electronic means. Electronic bullying may qualify even when the student uses the device off campus.
The Conduct Must Be School-Related
For most offenses, conduct must have occurred on school grounds, while going to or from school, during lunch, or at a school-sponsored activity. Conduct with no connection to school activity generally falls outside Education Code section 48900, even if the behavior might otherwise qualify.
There is a limited exception for cyberbullying that creates a substantial disruption to school activities, even when the device is used off campus. Whether off-campus conduct qualifies requires a case-by-case evaluation.
Willful Defiance: The Biggest Recent Change
Disrupting school activities or defying staff authority once ranked among the most common grounds for suspension in California. That has changed significantly.
California now prohibits out-of-school suspensions for willful defiance across all grade levels. Students in kindergarten through fifth grade cannot receive a suspension for willful defiance. That restriction has no expiration date.
Students in grades 6 through 8 cannot receive a suspension for willful defiance under a provision that remains in effect through July 1, 2029. Since July 1, 2024, the same restriction has applied to students in grades 9 through 12. That restriction also remains in effect through July 1, 2029.
No student at any grade level can face expulsion based solely on willful defiance.
A teacher can still remove a defiant student from their classroom for up to two days under Education Code section 48910. However, the principal cannot then suspend the student if willful defiance remains the only ground for discipline.
Other Means of Correction First
Education Code section 48900.5 requires that suspension be used only when other means of correction have failed to bring about proper conduct. A school cannot jump straight to suspension for most offenses. The school must attempt other interventions first: a parent conference, a study team referral, a behavior support plan, or another corrective measure.
There is an exception. For the most serious offenses under section 48900(a) through (e), including physical violence, weapons, controlled substances, and robbery, a student may be suspended on a first offense if the principal determines the student’s presence would cause a danger to persons, property, or the instructional process.
How Long Can a Student Be Suspended in California?
California law sets clear limits on suspension length.
A principal or district superintendent may suspend a student for up to five consecutive school days per incident. Education Code section 48911. A student may not be suspended for more than 20 total school days in a single school year, except where an expulsion proceeding is pending.
If the district is processing an expulsion, the superintendent may extend the suspension until the school board renders a decision. The extension requires a meeting to which the student and parent are invited, and the superintendent must determine the student’s presence would cause a danger or threaten to disrupt school.
There is no California law that allows an indefinite suspension. A student who is suspended must eventually be allowed to return unless the district initiates and completes a formal expulsion proceeding.
What Happens During the Suspension Process?
The Informal Conference
Before suspending a student, the principal or designee generally must hold an informal conference with the student under Education Code section 48911(b). During the conference, the principal or designee must explain the reason for the suspension and the evidence against the student. They must also explain any corrective measures the school tried first.
The student can respond, present their version of events, and offer evidence in their defense.
This conference is not a formal hearing. It does not require a lawyer or sworn testimony. However, it remains an important step because the student has a right to be heard before the suspension takes effect.
When the School Can Skip the Conference
The school may skip the conference only if the principal determines there is an emergency: a clear and present danger to the life, safety, or health of students or school personnel. If the conference is skipped due to an emergency, the school must hold it as soon as reasonably possible after the suspension begins.
Parent Notification
The school must try to reach the parent by telephone on the day of the suspension. A written notice must also be sent explaining why the student was suspended and when they can return.
If the suspension skipped the conference due to an emergency, the notice must explain the student’s right to a conference and the parent’s right to challenge the suspension.
Schoolwork During Suspension
Under Education Code section 48913, a teacher may require a suspended student to complete assignments and tests missed during the suspension. If the student attends an in-school supervised suspension classroom, teachers must provide all assignments and tests the student would otherwise miss.
Student and Parent Rights During a Suspension
The Right to Know the Reason
A student has the right to be told the specific reason for the suspension and the evidence the school is relying on. A vague explanation is not enough. The school should identify which section 48900 offense the student allegedly committed.
The Right to Respond
The student must be given an opportunity to present their own account The informal conference requirement exists specifically to give students a chance to be heard.
The Right to a Parent Meeting
Education Code section 48914 allows school districts to establish a policy permitting a meeting between parents and school officials to discuss the suspension. Not all districts have the same policy, but parents can contact the school and request a meeting. Attending the conference or requesting a meeting early helps parents understand what happened and preserves their options.
The Right to Review Records
Parents may review their child’s school records, including any disciplinary documentation. Under state and federal law, parents have the right to inspect and copy records the school maintains about their child.
No Right to Formal Appeal of Suspension
California law does not create a formal administrative appeal process for most suspensions the way it does for expulsions. A parent may ask the school board to review a suspension, and some districts have internal review policies, but there is generally no automatic right to a hearing before the board.
If a parent believes the suspension was unlawful, not just unfair, other avenues may be worth exploring. A school that suspends without required procedures, for unlisted conduct, or in violation of a student’s legal protections may be acting outside its authority.
Special Rules for Students With Disabilities
Students with disabilities who have an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA) have additional protections when it comes to suspension and other exclusionary discipline.
The Ten-Day Threshold
A school may discipline a student with a disability in the same way it disciplines students without disabilities for up to 10 cumulative school days in a school year. Once cumulative suspensions reach 10 school days, additional protections apply.
Manifestation Determination Review
If a school proposes to remove a student with an IEP for more than 10 cumulative school days, or for a change in placement, the school must hold a manifestation determination review (MDR). The MDR team must determine whether the conduct was caused by or substantially related to the disability, or was the direct result of the school’s failure to implement the IEP.
If the MDR finds the conduct was a manifestation of the disability, the school generally cannot proceed with suspension beyond the 10-day limit. The school must conduct a functional behavioral assessment and review or create a behavioral intervention plan, returning the student to their current placement.
Free Appropriate Public Education Must Continue
Even during a suspension, the district must continue to provide a free appropriate public education (FAPE). Services must allow the student to progress toward IEP goals and participate in the general curriculum, even in a different setting.
These protections do not prevent removal of a student with a disability who brings a weapon, possesses illegal drugs, or inflicts serious bodily injury. Those situations involve additional procedures but do not eliminate school authority to act.
For parents navigating disability-related school discipline issues, the firm’s article on special education due process in California explains how the due process system works and when families can formally challenge school decisions.
When Does Suspension Lead to Expulsion?
Suspension and expulsion are different. A suspension is temporary. An expulsion removes a student from their school assignment for a longer period and may involve reassignment to a different program or exclusion from the district.
Some offenses under Education Code section 48915 require the principal to recommend expulsion unless specific circumstances justify a different approach. Mandatory recommendation offenses include possession of a firearm, brandishing a knife, selling a controlled substance, committing sexual assault or sexual battery, and possession of an explosive.
Other offenses are discretionary: the principal or superintendent may recommend expulsion if the conduct was serious or violent enough to warrant it.
An expulsion proceeding involves a formal hearing, specific notice requirements, and the right to present evidence and witnesses. A parent whose child faces expulsion is in a materially different situation from one dealing with a routine suspension.
For a complete explanation of California’s expulsion process, including how AB 1230 affects expulsion plans, see the firm’s article on AB 1230 expulsion plans and the broader overview of educational rights for California students.
What Parents Can Do After a Suspension
When your child has been suspended, a few steps can help you understand what happened and what options you have.
- Request a copy of the written suspension notice. The notice should identify the specific offense and the dates of the suspension. Read it carefully.
- Ask for a parent meeting. Contact the school and ask to meet with the principal or designee to discuss the situation. You have the right to understand what the school says happened.
- Gather your child’s account. Talk with your child about what happened. Their version matters and may identify facts the school did not consider.
- Review the school’s disciplinary records. You have the right to inspect school records related to your child. Ask for any documentation the school used to make the suspension decision.
- Check whether the school followed required procedures. Was there an informal conference? Was your child told the reason and given a chance to respond? Was notification timely?
- Identify the legal basis for the suspension. The school must be able to point to a specific offense in Education Code section 48900 or a related section. A suspension for willful defiance at a grade level where that is prohibited, or for conduct that does not fit any listed ground, may be unlawful.
- Contact the school board if needed. While there is no automatic appeal right for suspensions, the school board may be willing to review a suspension if you raise a specific procedural or legal concern.
When Should You Speak With an Education Law Attorney?
Many suspensions can be addressed by working with the school directly. But some situations may benefit from legal review.
Consider speaking with an education attorney when:
- Your child was suspended for willful defiance at a grade level where that is now prohibited.
- Your child was suspended without any informal conference and there was no documented emergency.
- The school cannot identify a specific Education Code section 48900 offense that the conduct fits.
- Your child has a disability and has accumulated or is approaching 10 cumulative days of suspension.
- A manifestation determination review is scheduled and you want to understand what rights you have.
- The school is moving toward expulsion and the stakes are higher than a short suspension.
- The school is applying its own policy as though it were California law, in ways that conflict with what the Education Code requires.
- You believe racial, ethnic, or disability-based discrimination played a role in how the school treated your child.
Kassouni Law represents students and families in California education law matters, including suspension and expulsion disputes, special education, and student rights issues. More information is available through the firm’s overview of educational rights for California students.
Schedule a Consultation
If your child has been suspended, you may have grounds to challenge the school’s decision. This may apply when the school violated California law or failed to follow required procedures. A legal review of the suspension can help you assess your rights and determine your next steps.
Contact Kassouni Law at 877-770-7379 or submit an inquiry online. Submitting a contact form does not create an attorney-client relationship.
Frequently Asked Questions
How long can a California school suspend a student?
A principal may suspend a student for up to five consecutive school days per incident. Under Education Code sections 48911 and 48903, a student may not receive more than 20 total suspension days in one school year. The district may extend the suspension only when it pursues expulsion and meets specific conditions.
Does a parent have to be notified when a student is suspended?
Yes. The school must try to reach the parent by telephone on the day of the suspension. A written notice must also be sent. If the suspension happens without a prior conference because of an emergency, the notice must include information about the student’s and parent’s right to a conference.
Can a California school suspend a student for talking back or being disrespectful?
Generally, no, at least not through an out-of-school suspension. California law now prohibits schools from suspending students solely for willful defiance at any grade level. A teacher may remove a defiant student from the classroom for up to two days. However, the school cannot suspend the student solely for defiance.
What happens to schoolwork when a student is suspended?
Under Education Code section 48913, a teacher may require a suspended student to complete missed assignments and tests. If the student attends an in-school supervised suspension classroom, teachers must provide all assignments and tests the student would otherwise miss.
What are the rules for suspending a student with a disability?
Students with an IEP may face suspension like other students for up to 10 cumulative school days per year. Once the student reaches that threshold, the school must conduct a manifestation determination review. The IEP team must determine whether the disability caused or substantially related to the conduct. If the team finds a connection, the school generally cannot continue the suspension. The district must also provide a free appropriate public education throughout any suspension.
This article provides general legal information about California student suspension laws and is not legal advice. Education law is specific to each student’s situation, school district, and applicable facts. No attorney-client relationship is created by reading this content. Please consult a qualified California education attorney for advice about your child’s specific situation.
