Opinion No. (1997)
Opinion
Lead Opinion
DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE KERRY MAZZONI, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following questions: 1. May a school district suspend the enforcement of an expulsion order if the pupil has committed one of the offenses for which expulsion must be ordered? 2. In taking final action to expel a pupil, must the governing board disclose the pupil's name and the cause for the expulsion? CONCLUSIONS 1. A school district may suspend the enforcement of an expulsion order even when the pupil has committed one of the offenses for which expulsion must be ordered. 2. In taking final action to expel a pupil, the governing board must disclose the pupil's name and the cause for the expulsion. ANALYSIS The Legislature has enacted a comprehensive statutory scheme (Ed. Code, §§ 48900 - 48926 ) 1 governing the suspension and expulsion of pupils from public elementary and secondary schools. "Suspension" is the "removal of a pupil from ongoing instruction for adjustment purposes. . . ." (§ 48925 , subd. (d).) "Expulsion" is the "removal of a pupil from (1) the immediate supervision and control,…