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

My ninth-grade son has been suspended for carrying a small pocketknife in school, which he says he'd forgotten he had in his pocket. He's never had any problems with the police or school before, makes good grades, and has never even gotten a detention. Because of the district's "zero tolerance" rules, will his suspension automatically result in an expulsion? Will he be allowed to attend other schools in the district? Will he lose credit for this semester?

No, it's not inevitable that your son will be expelled. The school district may choose to suspend the expulsion, an option that will be considered at an expulsion hearing. Testimony from the police officer and the vice principal about your son's good previous school record can go a long way toward convincing the hearing officer to suspend the expulsion.

This Department of Education Web site page might be helpful. The most relevant sections of the article point out that "possession of any knife, or other dangerous object of no reasonable use to the pupil" is one infraction that is considered significant but also "discretionary." The code states, "For these offenses, the law states that the principal or superintendent may find that expulsion is inappropriate due to the particular circumstance."

If, in a worst-case scenario, the hearing officer does decide to expel your son, the school must provide an alternative program such as a community day school, or a program offered at a site separate from a regular elementary, middle, or high schools. These schools offer regular high school classes, although their teaching methods often rely more on tutoring than classroom instruction.