Policy 5144.1 - Student Suspension & Expulsion Due Process

SUSPENSION/EXPULSION/DUE PROCESS

The Board of Education desires to provide district students access to educational opportunities in an orderly school environment that protects their safety and security, ensures their welfare and well-being, and promotes their learning and development. The Board shall develop rules and regulations setting the standards of behavior expected of district students and the disciplinary processes and procedures for addressing violations of those standards, including suspension and/or expulsion.

The grounds for suspension and expulsion and the procedures for considering, recommending, and/or implementing suspension and expulsion shall be only those specified in law, in this policy, and in the accompanying Board Rule.

Except when otherwise permitted by law, a student may be suspended or expelled only when their behavior is related to a school activity or school attendance occurring within any district school or another school district, regardless of when it occurs including, but not limited to, the following:

1. While on school grounds
2. While going to or coming from schools
3. During the lunch period, whether on or off the school campus
4. During, going to, or coming from a school-sponsored activity

District staff shall enforce the rules concerning student suspension and expulsion fairly, consistently, and in accordance with the district’s nondiscrimination policies.

Appropriate Use of Suspension Authority
Except when a student’s act violates Education Code 48900 (a)-(e), as listed in items #1-5 under “Grounds for Suspension and Expulsion: K-12” of the accompanying Board Rule, or when the student’s presence causes a danger to others, suspension shall be used only when other means of correction have failed to bring about proper conduct.

A student’s parents/guardians shall be notified as soon as possible when there is an escalating pattern of misbehavior that could lead to on-campus or off-campus suspension.

No student may be suspended for disruption or willful defiance, except by a teacher pursuant to Education Code 48910.

Students shall not be suspended or expelled for truancy, tardiness, or absenteeism from assigned school activities.

On Campus Suspension
To ensure the proper supervision and ongoing learning of students who are suspended for any of the reasons enumerated in Education Code 48900 and 48900.2, but who pose no imminent danger or threat to anyone at school and for whom expulsion proceedings have not been initiated, the Superintendent or designee shall establish a supervised classroom suspension program which meets the requirements of law.

Except where a supervised suspension is permitted by law for a student’s first offense, supervised suspension shall be imposed only when other means of correction have failed to bring about proper conduct.

Authority to Expel
A student may be expelled only by the Board of Education.

As required by law, the Superintendent or principal shall recommend expulsion and the Board shall expel any student found to have committed any of the following “mandatory recommendation and mandatory expulsion” acts at school or at a school activity off school grounds:

1. Possessing a firearm which is not an imitation firearm, as verified by a certificated employee, unless the student had obtained prior written permission to possess the item from a certificated school employee with the principal or designee’s concurrence
2. Selling or otherwise furnishing a firearm
3. Brandishing a knife at another person
4. Unlawfully selling a controlled substance listed in Health and Safety Code 11053- 11058
5. Committing or attempting to commit a sexual assault as defined in Penal Code 261, 266c, 286, 287, 288, 289, or former 288a or committing a sexual battery as defined in Penal Code 243.4
6. Possessing an explosive as defined in 18 USC 921

For all other violations listed in the accompanying Board Rule, the Superintendent or principal shall have the discretion to recommend expulsion of a student. If the expulsion is recommended, the Board shall order the student expelled only if it makes a finding of either or both of the following:

1. That other means of correction are not feasible or have repeatedly failed to bring about proper conduct
2. That due to the nature of the violation, the presence of the student causes a continuing danger to the physical safety of the student or others

A vote to expel a student shall be taken in a public session.

The Board may vote to suspend the enforcement of the expulsion order pursuant to the requirements of law and the accompanying Board Rule.

No student shall be expelled for disruption or willful defiance.

No child enrolled in a preschool program shall be expelled except under limited circumstances as specified in BR 5148.3 – Preschool/Early Childhood Education.

Due Process
The Board shall provide for the fair and equitable treatment of students facing suspension and/or expulsion by affording them their due process rights under the law. The Superintendent or designee shall comply with procedures for notices, hearings, and appeals as specified in law and Board Rule.

Maintenance and Monitoring of Outcome Data
The Superintendent or designee shall maintain outcome data related to student suspensions and expulsions in accordance with Education Code 48900.8 and 48916.1, including , but not limited to, the number of students recommended for expulsion, the grounds for each recommended expulsion, the actions taken by the Board, the types of referral made after each expulsion, and the disposition of the students after the expulsion period.

For any expulsion that involves the possession of a firearm, such data shall include the name of the school and the type of firearm involved, as required pursuant to 20 USC 7961. Suspension and expulsion data shall be reported to the Board annually and to the California Department of Education when so required.

In presenting the report to the Board, the Superintendent or designee shall disaggregate data on suspensions and expulsions by school and by numerically significant student subgroups, including, but not limited to, ethnic subgroups, socioeconomically disadvantaged students, English learners, students with disabilities, foster youth, and homeless students. Based on the data, the Board shall address any identified disparities in the imposition of student discipline and shall determine whether and how the district is meeting its goals for improving school climate as specified in its local control and accountability plan.

Rule 5144.1

1. Reassignment to another education program or class at the same school where the student will receive continuing instruction for the length of day prescribed by the Board of Education for students of the same grade level
    
2. Referral to a certificated employee designated by the principal to advise students
    
3. Removal from the class, but without reassignment to another class or program, for the remainder of the class period without sending the student to the principal or designee as provided in Education Code 48910

1. Caused, attempted to cause, or threatened to cause physical injury to another person, willfully used force or violence upon another person, except in self-defense, or committed as an aider or abettor, as adjudged by a juvenile court, a crime of physical violence in which the victim suffered great or serious bodily injury
   
   (a) When a student has been involved in a fight, the administrator shall initiate a “No Fight Contract” to be signed by the student and a parent/guardian.
    
2. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object, unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the principal or designee's concurrence
    
3. Unlawfully possessed, used, sold, otherwise furnished, or was under the influence of, any controlled substance as defined in Health and Safety Code 11053-11058, alcoholic beverage, or intoxicant of any kind
    
4. Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11058, alcoholic beverage, or intoxicant of any kind, and then sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented same as such controlled substance, alcoholic beverage, or intoxicant
    
5. Committed or attempted to commit robbery or extortion
    
6. Caused or attempted to cause damage to school property or private property
    
7. Stole or attempted to steal school property or private property
    
8. Possessed or used tobacco or products containing tobacco or nicotine products, including, but not limited to, cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel, except that this restriction shall not prohibit a student from using or possessing their own prescription products
    
9. Committed an obscene act or engaged in habitual profanity or vulgarity
    
10. Unlawfully possessed, offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code 11014.5
     
11. Knowingly received stolen school property or private property
     
12. Possessed an imitation firearm
    
    Imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
     
13. Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c, 286, 288, 288a, or 289, or committed a sexual battery as defined in Penal Code 243.4
     
14. Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness
     
15. Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma
     
16. Engaged in, or attempted to engage in, hazing
    
    Hazing means a method of initiation or pre-initiation into a student organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective student. Hazing does not include athletic events or school-sanctioned events.
     
17. Engaged in an act of bullying
    
    Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, directed toward one or more students that has or can reasonably be predicted to have the effect of placing a reasonable student in fear of harm to themselves or their property; cause the student to experience a substantially detrimental effect on their physical or mental health; or cause the student to experience substantial interferences with their academic performance or ability to participate in or benefit from the services, activities, or privileges provided by a school.   
    
    Bullying shall include any act of sexual harassment hate violence, or harassment, threat, or intimidation, as defined Education Code 48900.2, 48900.3, 48900.4 and below in items # 1-3 of “Additional Grounds for Suspension and Expulsion: Grades 4-12,”that has any effects described above on a reasonable student     
    
    Electronic act means the creation or transmission of a communication originated on or off school site, including but not limited to, a message, text, sound, image, or post on a social network Internet web site, including, but not limited to, a communication, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager. A post on a social network Internet web site shall include, but is not limited to, the posting or creation of a burn page or the creation of a credible impersonation or false profile for the purpose of causing a reasonable student any of the effects of bullying described above.     
    
    Reasonable student means a student, including, but not limited to, a student who has been identified as a student with a disability, who exercises average care, skill, and judgment in conduct for a person of their age, or for a person of their age with their disability.
     
18. Aided or abetted the infliction or attempted infliction of physical injury on another person, as defined in Penal Code 31
     
19. Made terrorist threats against school officials and/or school property.
    
    A terrorist threat includes any written or oral statement by a person who willfully threatens to commit a crime which will result in death or great bodily injury to another person or property damage in excess of $1,000, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out.

1. Committed sexual harassment as defined in Education Code 212.5 
   
   Sexual harassment means conduct which, when considered from the perspective of a reasonable person of the same gender as the victim, is sufficiently severe, persistent or pervasive as to have a negative impact upon the victim's academic performance or to create an intimidating, hostile, or offensive educational environment.
    
2. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in Education Code 233 
   
   Hate violence means any act punishable under Penal Code 422.6, 422.7, or 422.75. Such acts include injuring or intimidating a victim, interfering with the exercise of a victim's civil rights, or damaging a victim's property because of the victim's race, ethnicity, religion, nationality, disability, gender, gender identity, gender expression, or sexual orientation; a perception of the presence of any of those characteristics in the victim; or the victim's association with a person or group with one or more of those actual or perceived characteristics.
    
3. Intentionally engaged in harassment, threats, or intimidation against district personnel or students that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of school personnel or students by creating an intimidating or hostile educational environment.

1. Inform the parent/guardian when their presence is expected and by what means they may arrange an alternate date
    
2. State that if the parent/guardian does not have a means of transportation to school, they may ride the school bus with the student
    
3. Ask the parent/guardian to meet with the principal after the visit and before leaving school, as required by Education Code 48900.1

1. Informal Conference: Suspension shall be preceded by an informal conference conducted by the Superintendent, principal, or designee with the student and, whenever practicable, the teacher, supervisor, or school employee who referred the student to the principal. At the conference, the student shall be informed of the reason for the disciplinary action, presented with the evidence against them, and given the opportunity to present their version and evidence in support of their defense.   
   
   This conference may be omitted if the Superintendent, principal, or designee determines that an emergency situation exists involving a clear and present danger to the lives, safety, or health of students or school personnel. If a student is suspended without this conference, both the parent/guardian and student shall be notified of the student's right to return to school for the purpose of the conference. The conference shall be held within two school days, unless the student waives their right to it or is physically unable to attend for any reason. In such a case, the conference shall be held as soon as the student is physically able to return to school.
    
2. Administrative Actions: All requests for student suspension are to be processed by the principal or designee. A school employee shall report the suspension, including the name of the student and the cause for the suspension, to the Superintendent or designee.
    
3. Notice to Parents/Guardians: At the time of the suspension, a school employee shall make a reasonable effort to contact the parent/guardian by telephone or in person. Whenever a student is suspended, the parent/guardian shall be notified in writing of the suspension.   
   
   This notice shall state the specific offense committed by the student.     
   
   In addition, the notice may state the date and time when the student may return to school. If school officials wish to ask the parent/guardian to confer regarding matters pertinent to the suspension, the notice may add that state law requires the parent/guardian to respond to such requests without delay.
    
4. Parent/Guardian Conference: Whenever a student is suspended, school officials may meet with the parent/guardian to discuss the cause(s) and duration of the suspension, the school policy involved, and any other pertinent matter.     
   
   While the parent/guardian is required to respond without delay to a request for a conference about their student's behavior, no penalties may be imposed on the student for the failure of the parent/guardian to attend such a conference. The student may not be denied readmission solely because the parent/guardian failed to attend the conference.
    
5. Extension of Suspension: If the Board is considering the expulsion of a suspended student from any school or the suspension of a student for the balance of the semester from continuation school, the Superintendent or designee may, in writing, extend the suspension until such time as the Board has made a decision provided the following requirements are followed:     
   
   (a) The extension of the original period of suspension shall be preceded by notice of such extension with an offer to hold a conference concerning the extension, giving the student an opportunity to be heard. This conference may be held in conjunction with a meeting requested by the student or parent/guardian to challenge the original suspension     
   
   (b) The Superintendent or designee determines, following a meeting in which the student and the student's parent/guardian were invited to participate, that the student's presence at the school or at an alternative school would endanger persons or property or threaten to disrupt the instructional process     
   
   (c) If the student involved is a foster youth, the Superintendent or designee shall notify the district liaison for foster youth of the need to invite the student’s attorney and a representative of the appropriate county child welfare agency to attend the meeting     
   
   (d) If the student involved is a homeless youth, the Superintendent or designee shall notify the district liaison for homeless students

1. The on-campus suspension classroom shall be staffed in accordance with law
    
2. The student shall have access to appropriate counseling services
    
3. The on-campus suspension classroom shall promote completion of schoolwork and tests missed by the student during the suspension
    
4. Each student shall be responsible for contacting their teacher(s) to receive assignments to be completed in the supervised suspension classroom. The teacher(s) shall provide all assignments and tests that the student will miss while suspended. If no such work is assigned, the person supervising the suspension classroom shall assign schoolwork.
   
   At the time a student is assigned to a supervised suspension classroom, the principal or designee shall notify the student's parent/guardian in person or by telephone. When the assignment is for longer than one class period, this notification shall be made in writing.

1. Causing serious physical injury to another person, except in self-defense
    
2. Possession of any knife as defined in Education Code 48915(g), explosive, or other dangerous object of no reasonable use to the student
    
3. Unlawful possession of any controlled substance, as listed in Health and Safety Code 11053-11058, except for the first offense for the possession of not more than one ounce of marijuana, other than concentrated cannabis
    
4. Robbery or extortion
    
5. Assault or battery, as defined in Penal Code 240 and 242, upon any school employee

1. Receive five days' notice of their scheduled testimony at the hearing
    
2. Have up to two adult support persons of their choosing present at the hearing at the time they testify
    
3. Have a closed hearing during the time they testify

1. The date and place of the hearing
    
2. A statement of the specific facts, charges, and offense upon which the proposed expulsion is based
    
3. A copy of district disciplinary rules which relate to the alleged violation
    
4. Notification of the student's or parent/guardian's obligation, pursuant to Education Code 48915.1, to provide information about the student's status in the district to any other district in which the student seeks enrollment. This obligation applies when a student is expelled for acts other than those described in Education Code 48915(a) or (c).
    
5. The opportunity for the student or the student's parent/guardian to appear in person or be represented by legal counsel or by a non-attorney advisor     
   
   Legal counsel means an attorney or lawyer who is admitted to the practice of law in California and is an active member of the State Bar of California.     
   
   Non-attorney advisor means an individual who is not an attorney or lawyer, but who is familiar with the facts of the case and has been selected by the student or student's parent/guardian to provide assistance at the hearing.
    
6. The right to inspect and obtain copies of all documents to be used at the hearing
    
7. The opportunity to confront and question all witnesses who testify at the hearing.
    
8. The opportunity to question all evidence presented and to present oral and documentary evidence on the student's behalf, including witnesses

1. Closed Session: Notwithstanding the provisions of Government Code 54953 and Education Code 35145, the Board shall conduct a hearing to consider the expulsion of the student in a session closed to the public unless the student requests in writing at least five days prior to the hearing that the hearing be a public meeting. If such a request is made, the meeting shall be public unless another student’s privacy rights would be violated.     
   
   Whether the expulsion hearing is held in closed or public session, the Board may meet in closed session to deliberate and determine whether or not the student should be expelled. If the Board admits any other person to this closed session, the parent/guardian, the student, and the counsel of the student also shall be allowed to attend the closed session.     
   
   If a hearing that involves a charge of sexual assault or sexual battery is to be conducted in public, a complaining witness shall have the right to have their testimony heard in closed session when testifying in public would threaten serious psychological harm to the witness and when there are no alternative procedures to avoid the threatened harm, including, but not limited to, videotaped deposition or contemporaneous examination in another place communicated to the hearing room by closed-circuit television.
    
2. Record of Hearing: A record of the hearing shall be made and may be maintained by any means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made.
    
3. Subpoenas: Before commencing a student expulsion hearing, the Board may issue subpoenas, at the request of either the student or the Superintendent or designee, for the personal appearance at the hearing of any person who actually witnessed the action that gave rise to the recommendation for expulsion. After the hearing has commenced, the Board or the hearing officer or administrative panel may issue such subpoenas at the request of the student or the County Superintendent of Schools or designee. All subpoenas shall be issued in accordance with the Code of Civil Procedure 1985-1985.2 and enforced in accordance with Government Code 11455.20.     
   
   Any objection raised by the student or the Superintendent or designee to the issuance of subpoenas may be considered by the Board in closed session, or in open session if so, requested by the student, before the meeting. The Board's decision in response to such an objection shall be final and binding.     
   
   If the Board determines, or if the hearing officer or administrative panel finds and submits to the Board, that a witness would be subject to unreasonable risk of harm by testifying at the hearing, a subpoena shall not be issued to compel the personal attendance of that witness at the hearing. However, that witness may be compelled to testify by means of a sworn declaration as described in item #4 below.
    
4. Presentation of Evidence: Technical rules of evidence shall not apply to the expulsion hearing, but relevant evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. The Board’s decision to expel shall be supported by substantial evidence that the student committed any of the acts pursuant to Education Code 48900 and listed in "Grounds for Suspension and Expulsion" above.     
   
   Findings of fact shall be based solely on the evidence at the hearing. While no finding shall be based solely on hearsay, sworn declarations may be admitted as testimony from witnesses whose disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.     
   
   In cases where a search of a student's person or property has occurred, evidence describing the reasonableness of the search shall be included in the hearing record.
    
5. Testimony by Complaining Witnesses: The following procedures shall be observed when hearings involve allegations of sexual assault or sexual battery by a student:     
   
   (a) Any complaining witness shall be given five days’ notice before being called to testify     
   
   (b) Any complaining witness shall be entitled to have up to two adult support persons, including, but not limited to, a parent/guardian or legal counsel, present during their testimony     
   
   (c) Before a complaining witness testifies, support persons shall be admonished that the hearing is confidential       
   
   (d) The person presiding over the hearing may remove a support person whom they find is disrupting the hearing       
   
   (e) If one or both support persons are also witnesses, the hearing shall be conducted in accordance with Penal Code 868.5       
   
   (f) Evidence of specific instances of prior sexual conduct of a complaining witness shall be presumed inadmissible and shall not be heard unless the person conducting the hearing determines that extraordinary circumstances require the evidence to be heard. Before such a determination is made, the complaining witness shall be given notice and an opportunity to oppose the introduction of this evidence. In the hearing on the admissibility of this evidence, the complaining witness shall be entitled to be represented by a parent/guardian, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of a complaining witness shall not be admissible for any purpose.     
   
   (g) In order to facilitate a free and accurate statement of the experiences of the complaining witness and to prevent discouragement of complaints, the district shall provide a nonthreatening environment.             
   
             i. The district shall provide a room separate from the hearing room for the use of the complaining witness before and during breaks in testimony.               
   
             ii. At the discretion of the person conducting the hearing, the complaining witness shall be allowed reasonable periods of relief from examination and cross-examination during which they may leave the hearing room.             
   
             iii. The person conducting the hearing may:               
   
                       1. Arrange the seating within the hearing room so as to facilitate a less intimidating environment for the complaining witness             
   
                       2. Limit the time for taking the testimony of a complaining witness to the hours they are normally in school, if there is no good cause to take the testimony during other hours               
   
                       3. Permit one of the support persons to accompany the complaining witness to the witness stand
    
6. Decision: The Board's decision as to whether to expel a student shall be made within 40 school days after the student is removed from their school of attendance, unless the student requests in writing that the decision be postponed.

1. Periodic review, as well as assessment at the time of review, for readmission
    
2. Recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service, or other rehabilitative programs

1. The specific offense committed by the student for any of the causes for suspension or expulsion listed above under "Grounds for Suspension and Expulsion: Grades K-12 “or “Additional Grounds for Suspension and Expulsion: Grades 4-12”
    
2. The fact that a description of readmission procedures will be made available to the student and their parent/guardian
    
3. Notice of the right to appeal the expulsion to the County Board of Education
    
4. Notice of the alternative educational placement to be provided to the student during the time of expulsion
    
5. Notice of the student's or parent/guardian's obligation to inform any new district in which the student seeks to enroll of the student's status with the expelling district, pursuant to Education Code 48915.1

1. The student's pattern of behavior
    
2. The seriousness of the misconduct
    
3. The student's attitude toward the misconduct and their willingness to follow a rehabilitation program

1. The Board may, as a condition of the suspension of enforcement, assign the student to a school, class, or program appropriate for the student's rehabilitation. This rehabilitation program may provide for the involvement of the student's parent/guardian in the student's education. However, a parent/guardian's refusal to participate in the rehabilitation program shall not be considered in the Board's determination as to whether the student has satisfactorily completed the rehabilitation program
    
2. During the period when enforcement of the expulsion order is suspended, the student shall be on probationary status
    
3. The suspension of the enforcement of an expulsion order may be revoked by the Board if the student commits any of the acts listed under "Grounds for Suspension and Expulsion" above or violates any of the district's rules and regulations governing student conduct
    
4. When the suspension of enforcement of an expulsion order is revoked, a student may be expelled under the terms of the original expulsion order
    
5. Upon satisfactory completion of the rehabilitation assignment, the Board shall reinstate the student in a district school. Upon reinstatement, the Board may order the expunging of any or all records of the expulsion proceedings
    
6. The Superintendent or designee shall send written notice of any decision to suspend the enforcement of an expulsion order during a period of probation to the student or parent/guardian. The notice shall inform the parent/guardian of the right to appeal the expulsion to the county board, the alternative educational placement to be provided to the student during the period of expulsion, and the student's or parent/guardian's obligation to inform any new district in which the student seeks to enroll of their status with the expelling district, pursuant to Education Code 48915.1(b).
    
7. Suspension of the enforcement of an expulsion order shall not affect the time period and requirements for the filing of an appeal of the expulsion order with the county board

1. Appropriately prepared to accommodate students who exhibit discipline problems
    
2. Not provided at a comprehensive middle, junior, or senior high school or at any elementary school, unless the program is offered at a community day school established at such a site
    
3. Not housed at the school site attended by the student at the time of suspension

1. The Superintendent or designee shall hold a conference with the parent/guardian and the student. At the conference the student's rehabilitation plan shall be reviewed and the Superintendent or designee shall verify that the provisions of this plan have been met. School regulations shall be reviewed and the student and parent/guardian shall be asked to indicate in writing their willingness to comply with these regulations.
    
2. The Superintendent or designee shall transmit to the Board their recommendation regarding readmission. The Board shall consider this recommendation in closed session. If a written request for open session is received from the parent/guardian or adult student, it shall be honored to the extent that privacy rights of other students are not violated.
    
3. If the readmission is granted, the Superintendent or designee shall notify the student and parent/guardian, by registered mail, of the Board's decision regarding readmission.
    
4. The Board may deny readmission only if it finds that the student has not satisfied the conditions of the rehabilitation plan or that the student continues to pose a danger to campus safety or to other district students or employees.
    
5. If the Board denies the readmission of a student, the Board shall determine either to continue the student's placement in the alternative educational program initially selected or to place the student in another program that serves expelled students, including placement in a county community school.
6. The Board shall provide written notice to the expelled student and parent/guardian describing the reasons for denying re-admittance into the regular program. This notice shall indicate the Board's determination of the educational program which the Board has chosen. The student shall enroll in that program unless the parent/guardian chooses to enroll the student in another school district.