Thorner - BCSD Static Server - Bakersfield City School District

EXPULSION/DUE PROCESSAdministrative RegulationAR 601.4Page 10 of 24Education Program at Community Day School or County Community SchoolPending Expulsion HearingIn cases where a recommendation for expulsion from the district’s regular, comprehensive programis being processed by the Board, pupils accused of less serious offenses may be temporarilyassigned by a district-level referral process to a District Community Day School. For the purposesof this policy, less serious offenses will include all grounds permitting the recommendation forexpulsion listed in the Education Code except those for which the Superintendent or designeedetermine there is no appropriate district alternative placement (e.g., firearm charges, attack with aweapon, threat of attack with a weapon, selling drugs, sexual assault, and causing serious physicalinjury).When appropriate, pupils may also be temporarily served in County Community School while arecommendation for expulsion from the regular, comprehensive program is being processed by theBoard.A pupil with a known or suspected disability will not be temporarily assigned to a Community DaySchool, County Community School, or proceed to an administrative hearing without completion ofthe applicable due process protections.(cf. BP 606.6 – Suspension and Expulsion/Due Process (Pupils with Disabilities)Once the principal or administrative designee applies the criteria for the temporary placement of thepupil into a District Community Day School and determines this placement is appropriate, s/he will:(a) refer the pupil to the administrator of the District’s Community Day School for approval, (b)contact the pupil’s parent or guardian, and (c) document the parent or guardian notificationregarding the pupil’s temporary placement into a Community Day School (Education Code Section48662). A similar process will be followed for a temporary placement in County CommunitySchool.Rights of Complaining WitnessA complaining witness means the alleged victim(s) in an offense (Evidence Code Section 782). Acomplaining witness is given additional rights according to California law, whenever anadministrative hearing is scheduled alleging a pupil: (a) attempted to commit sexual assault, (b)committed sexual assault, or (c) committed sexual battery (Education Code Section 48918, PenalCode Section 868.5, Evidence Code Sections 780 and 1070).An expulsion hearing involving allegations of sexual assault or sexual battery may be postponed forone school day in order to accommodate the special physical,