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Thorner - BCSD Static Server - Bakersfield City School District

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EXPULSION/DUE PROCESSAdministrative RegulationAR 601.4Page 17 of 24Expulsion Hearing: Administrative Hearing PanelThe hearing officer or administrative hearing panel shall, within three school days after the hearing,determine whether to recommend expulsion of the pupil to the Board.If expulsion is not recommended, the expulsion proceeding shall be terminated and the pupil shallbe immediately reinstated. The Superintendent or designee shall place the pupil in a classroominstructional program, any other instructional program, a rehabilitation program, or anycombination of these programs after consulting with district staff, including the pupil's teachers andwith the pupil's parent/guardian (Education Code Section 48918(e)). The decision to notrecommend expulsion is final (Education Code Section 48918(e)).If expulsion is recommended, findings of fact in support of the recommendation shall be preparedand submitted to the Board. All findings of fact and recommendations shall be based solely on theevidence presented at the hearing. The Board may accept the expulsion recommendation based on:(1) a review of the findings of fact and recommendations submitted, or (2) the results of anysupplementary hearing the Board may order (Education Code Section 48918(f)).In accordance with Board policy, the hearing officer or administrative hearing panel mayrecommend that the Board suspend the enforcement of the expulsion for a period of one year.The Board’s decision on whether to expel a pupil shall be made within 40 school days after thepupil is removed from his/her school of attendance, unless the pupil requests in writing that thedecision be postponed (Education Code Section 48918 (a)).Final Action by the BoardWhether the expulsion hearing is conducted in closed or public session by the Board oradministrative hearing panel, final action to expel shall be taken by the Board at a public meeting(Education Code Section 48918(j)).Upon ordering an expulsion, the Board shall set a date when the pupil shall be reviewed forreadmission to a school within the district. For a pupil expelled for an act listed under “MandatoryRecommendation and Mandatory Expulsion” above, the date shall be one year from the date theexpulsion occurred, except that the Board may set an earlier date on a case-by-case basis. For apupil expelled for other acts, this date shall be no later than the last day of the semester followingthe semester in which the expulsion occurred. If an expulsion is ordered during the

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