Board Policy #S-5119

New Haven Unified School District
STUDENT POLICIES

STUDENTS EXPELLED FROM OTHER DISTRICTS

The Governing Board 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.

If a student expelled from another district is granted enrollment, in accordance with the procedures specified below, he/she shall either establish legal residence in this district or enroll pursuant to an interdistrict attendance agreement.  (Education Code 48915.1, 48915.2)

(cf. 0450 - Comprehensive Safety Plan)

Enrollment During the Term of the Expulsion

The district shall not enroll a student expelled by another district for any of the offenses listed in Education Code 48915(a) or (c) (mandatory expulsion offenses) during the term of the student's expulsion, unless the enrollment is at a community day school. (Education Code 48915.2)

(cf. 5111 - Admission)
(cf. 5111.1 - District Residency)
(cf. 5117 - Interdistrict Attendance Agreements)

Upon receiving a request for enrollment from a student expelled from another district for acts other than those specified in Education Code 48915(a) or (c), the Board shall hold a hearing to determine whether the student poses a continuing danger to students or staff.  The hearing shall be conducted and notice shall be provided in accordance with procedures governing expulsion of students described in Education Code 48918. (Education Code 48915.1) 

(cf. 5145.6 - Parental Notifications)

Enrollment After the Term of the Expulsion

A student expelled for an act specified in Education Code 48915(a) or (c) may enroll in the district after the term of his/her expulsion if the Board finds, at a hearing, that the student does not pose a continuing danger to students or staff.  The hearing shall be conducted and notice shall be provided in accordance with procedures governing expulsion of students described in Education Code 48918.  (Education Code 48915.2)

A student expelled for any act other than those specified in Education Code 48915(a) or (c) may request enrollment after the term of his/her expulsion in accordance with the district's procedures for establishing residency or interdistrict transfer.

(cf. 5111 Admission)
(cf. 5111.1 District Residency)
(cf. 5117 Interdistrict Transfer)
(cf. 5144.1 – Suspension and Expulsion/Due Process)

Legal Reference:
EDUCATION CODE
46600 Agreements for interdistrict attendance
46601 Failure to approve interdistrict attendance; expulsion prohibiting appeal
48200 Compulsory attendance
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

First Reading
February 1, 1994
July 18, 2006
June 7, 2011

Second Reading
March 1, 1994
August 15, 2006
June 21, 2011

Administrative Regulation for Board Policy #S-5119