Ask an Expert: Judy Goddess
Using California School Law To Advocate For Your Kids

My son is being expelled for an incident that happened last semester, and the expulsion begins one week prior to the end of summer school. The problem: summer school students may not miss four or more days of class, and the expulsion will make him miss five. He's earning high grades and making good progress. How can he receive credit for this summer school session?

The school district has given your son a suspended expulsion. Typically, expulsion is immediate and lasts through the following semester. However, a school board may delay an expulsion for up to one calendar year if the board members believe the student poses no danger to other students or school staff. The student is on probationary status, must obey all school rules, and must attend a rehabilitative program. (In your son's case, perhaps the district considered summer school a rehabilitative program, or perhaps you can convince them to do so.) Probation is revoked and expulsion becomes immediate if the student doesn't follow these guidelines. Section 48900-48926 of the California Education Code addresses suspension and expulsion rules fully.

Your job is to convince the district to postpone your son's expulsion by at least one day. You need to present your case to the summer school principal and to the district office in charge of expulsion—usually the superintendent of instruction or student services. Explain that both you and your son are aware of the summer school attendance rules and the start date for the expulsion, but because he's been doing really well in summer school, you—and, presumably, the school district—want to encourage his improved behavior and academic progress. For these reasons, you're requesting that the district postpone his expulsion for a week. It would help if one of his summer school teachers would write a letter to support your request.

Good luck. I hope you can persuade the district that your son can atone for his past errors and still complete summer school.