Thorner - BCSD Static Server - Bakersfield City School District

EXPULSION/DUE PROCESSAdministrative RegulationAR 601.4Page 9 of 24A waiver shall not be available: (a) for offenses listed above under “Mandatory Recommendationand Mandatory Expulsion,” or (b) when there is a fact-based administrative determination thewaiver is inappropriate.When eligible, the parent/legal guardian and pupil request a waiver before scheduled date of theadministrative hearing.A waiver request shall be granted only when the pupil admits the offense with which the pupil hasbeen charged has occurred, the behavior was a clear violation of applicable law and schoolregulations, and parent/pupil intentionally relinquishes the right to an administrative hearing.Completion of a waiver requires acceptance of the conditions set forth by a District administrativehearing officer.Supplementary FindingA “supplementary finding” augments the primary finding a pupil committed one or more legallyprohibited acts. A supplementary finding is based on evidence provided in the administrativehearing.Any pupil found to have committed the offenses listed above under "Mandatory Recommendationand Mandatory Expulsion," does not require a supplementary finding. The Board also may order apupil expelled for any of the remaining acts listed above upon recommendation of the principal,Superintendent, hearing officer, a primary finding by administrative hearing panel the pupilcommitted a prohibited act and a supplementary finding of either or both of the following(Education Code Section 48915(b)(e)):1. That other means of correction are not feasible or have repeatedly failed to bring about properconduct.2. That due to the nature of the violation, the presence of the pupil causes a continuing danger tothe physical safety of the pupil or others.In all offenses except those listed in the section entitled “Mandatory Recommendation andMandatory Expulsion,” the school presenter will testify, provide a witness to testify, or enterdocuments to factually prove one or more supplementary findings.