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Standard Elementary SD  |  BP  5112.2  Students

Exclusions from Attendance   

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The Governing Board recognizes that there may be cases where the exclusion of certain students is necessary because their presence in school presents a clear and present danger to the life, safety or health of students or school personnel.

Children may be excluded from attendance in the schools of this district for any of the following reasons:

1. Children under six (6) years of age are excluded from the public schools except as otherwise provided in the Education Code. (Education Code 48210)

2. The Board may exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases.

(Education Codes 48211, 49451)

3. The Board may exclude any child whose physical or mental disability is such as to cause his/her attendance to be inimical to the welfare of the other students. (Education Code 48212)

4. The Board may exclude any student who does not present evidence of immunization from certain infectious diseases as required by law unless the parent or guardian requests, in a written statement, exemption from the requirement on the basis of the physical condition of the student or conflict with the religious beliefs of the parent or guardian. (Health and Safety Code 3381)

5. Any student who resides where any contagious, infectious, or communicable disease exists, or has existed, which is subject to quarantine, shall not be permitted to attend school without written permission of the health officer. (Health and Safety Code 3118)

(cf. 5141.22 - Infectious Diseases)

Prior to excluding a student from attendance, the Board shall send a notice to the parent/guardian of the student. The notice shall contain the following statements:

1. A statement of the facts leading to a decision to propose exclusion.

2. A statement that the parent or guardian has a right to meet with the Board to discuss the proposed exclusion.

3. A statement that at any such meeting the parent or guardian shall have an opportunity to:

a. Inspect all documents on which the Board is basing its decision to propose exclusion.

b. Challenge any evidence and confront and question any witness presented by the Board.

c. Present oral and documentary evidence on the student's behalf, including witnesses.

d. Have one or more representatives of the parent or guardian present at said meeting.

4. A statement that the decision to exclude the child is subject to periodic review and a statement of its procedures for such periodic review.

The Board shall not be required to send prior notice of exclusion to the parent/guardian if the child is excluded because he/she resides in an area subject to quarantine, or is exempt from a medical examination but suffers from a contagious or infectious disease, or if it is determined that the student would constitute a clear and present danger to the life safety, or health of students or school personnel. However, the Board shall send a notice as soon as reasonably possible after the exclusion. (Education Code 48213)

(cf. 5141.22 - Infectious Disease)

The Board shall, at least annually, review its decisions to exclude students. The Superintendent is directed to report to the Board at least annually on the status of each excluded student. (Education Code 48214)

Legal Reference:


48210-48214 Persons excluded

48221 Physical or mental condition

49408 Information of use in emergencies

49076 Access to records by persons without written consent or under judicial order

49451 Parents refusal to consent (re exclusion for communicable disease)


199.30-199.40 Acquired Immune Deficiency Syndrome Research Confidentiality Act

3118 (re exclusion for communicable disease)

3380-3390 Immunization against communicable diseases


adopted: September 29, 1988 Bakersfield, California