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Sweetwater Un HSD |  BP  5119  Students

Students Expelled From Other Districts   

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The Board of Trustees may admit students expelled from other districts upon request as long as their admission is consistent with providing a safe, secure and positive school environment for all district students and staff.

In order to prohibit the enrollment of a potentially dangerous student, the Board shall hold a hearing before admitting any student who has been expelled from another district. If the student has been expelled for certain serious reasons specified in Education Code 48915(a) or (c), his/her enrollment may occur only after the term of expulsion, and only if he/she has established legal residence in the district or is enrolled pursuant to an interdistrict attendance agreement.

(cf. 5111 - Admission)

(cf. 5111.1 - District Residency)

(cf. 5117 - Interdistrict Attendance Agreements)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

Procedures for Enrollment of Students Expelled from other Districts

1. If a parent/guardian requests the enrollment of a student who has been expelled from another district for a reason other than those described in Education Code 48915 (a) or (c), a hearing shall be held to determine whether the individual poses a continuing danger either to the students or employees of the school district.

2. The hearing and notice shall be conducted in accordance with the rules and regulations governing expulsion procedures of students as described in Education Code 48918. The office of Student Support Services shall obtain school records and information pertaining to the expulsion from the district where the student previously attended.

3. The parent/guardian or the student if emancipated or otherwise legally of age, shall, upon enrollment, inform the receiving school of his/her status in the previous district. If this information is not provided and is later determined that the student was expelled from another district, a hearing shall be held pursuant to Education Code 48918 and the lack of compliance shall be recorded and discussed in the hearing.

4. The board of trustees may make a determination to deny enrollment to an individual who has been expelled from another district for an act other than those described in Education Code 48915(a) or (c), for the remainder of the expulsion period after a determination has been made, pursuant to a hearing, that the individual poses a potential danger to either the students or employees of the district.

5. The Board, when making its determination whether to enroll an individual who has been expelled from another district for these acts, may consider the following options:

a. Deny enrollment

b. Permit enrollment

c. Permit conditional enrollment in a regular school program or another educational program

Determinations Whether to Admit Students Expelled from other District

1. A student expelled from school for any of the offenses listed in Education Code 48915(a) or (c), shall not be permitted to enroll in any other school or district during the period of the expulsion unless it is a county community school pursuant to Education Code 1981(c), or a juvenile court school, as described in Education Code 48645.1, or a community day school pursuant to 48660 et seq.

2. After a determination has been made, pursuant to a hearing under Education Code 48918, that an individual expelled from another district for any act described in Education Code 48915(a) or (c) does not pose a danger to either the students or employees of the district, the Board may permit the individual to enroll in a traditional school or alternative program after the term of expulsion, subject to one of the following conditions:

a. The student has established legal residence in the district

b. The student is enrolled pursuant to an intradistrict agreement

Legal Reference:

EDUCATION CODE

46600 Agreements for interdistrict attendance

46601 Failure to approve interdistrict attendance; expulsion prohibiting appeal

48660-48666 Community day schools

48915 Expulsion; particular circumstances

48915.1 Expelled individuals: enrollment in another district

48915.2 Expelled student; enrollment during and after period of expulsion

48918 Rules governing expulsion procedures

Policy SWEETWATER UNION HIGH SCHOOL DISTRICT

adopted: November 17, 2008 Chula Vista, California