§ 48915.5. — 48915.5. (Amended by Stats. 2022, Ch. 400, Sec. 7.)

California § 48915.5.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 6.: CHAPTER 6. Pupil Rights and Responsibilities
• Art. 1.: ARTICLE 1. Suspension or Expulsion

Text

(a)
An individual with exceptional needs, as defined in Section 56026, may be suspended or expelled from school in accordance with Section 1415(k) of Title 20 of the United States Code, the discipline provisions contained in Sections 300.530 to 300.537, inclusive, of Title 34 of the Code of Federal Regulations, and other provisions of this part that do not conflict with federal law and regulations.
(b)
A free appropriate public education for individuals with exceptional needs suspended or expelled from school shall be in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.530(d) of Title 34 of the Code of Federal Regulations.
(c)
If an individual with exceptional
needs is excluded from schoolbus transportation, the pupil is entitled to be provided with an alternative form of transportation at no cost to the pupil or parent or guardian if that transportation is specified in the pupil’s individualized education program.
(d)
If the individual with exceptional needs is a foster child, as defined in Section 48853.5, and the local educational agency has proposed a change of placement, the educational rights holder, attorney, and county social worker for the individual with exceptional needs shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call.
(e)
If the individual
with exceptional needs is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call.
(f)
If the individual with exceptional needs is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code,
and the local educational agency has proposed a change of placement, the tribal social worker and, if applicable, county social worker for the individual with exceptional needs shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call.

Legislative History

Amended by Stats. 2022, Ch. 400, Sec. 7. (AB 740) Effective January 1, 2023.