Ventura County Plan for Expelled Pupils
Table of Contents
Ventura County Plan for Expelled Pupils
Existing School District Educational Alternatives for Expelled Youth
Existing Ventura County Superintendent of Schools Office Educational Alternative for Expelled Youth
County and District Gaps and Strategies I - Educational Services
Service Gaps and County / District Strategies
Service Gap #1: Referral Back To Original School District Due To Second Violation Or Non Attendance
Service Gap #2: Failed Placement(s)
Service Gap #3, #4, and #5: Small School Districts
Service Gap #6: Students In Grades One Through Six
Service Gap #7: District Operated Community Day School
Ventura County Plan for Expelled Pupils
Ventura County covers an area of 1,843 square miles and ranks 26th in size, and 12th in population among California's 58 counties. It is bordered on the north by Kern County, on the west by Santa Barbara County, and on the south and east by Los Angeles County. The Pacific Ocean provides the county's southwestern border stretching along 42 miles of coastline. There are ten incorporated cities in the county. The five with populations of 50,000 or more are Oxnard, Simi Valley, Ventura, Thousand Oaks, and Camarillo. Ventura is the county seat.
A total of twenty school districts in Ventura County (eleven Elementary School Districts, seven Unified School Districts, and two High School Districts) provide services to over 120,000 pupils. These school districts range in size from the smallest with thirty plus pupils to the largest with a student enrollment of over 18,000 pupils.
Educational programs within Ventura County provide numerous opportunities for students who are in need of traditional and/or alternative education programs. Individual school districts offer a spectrum of educational alternatives, and the Ventura County Superintendent of Schools Office (VCSSO) offers additional options via the Court and Community School Programs. Together, the districts and VCSSO provide a wide range of services for expelled youth.
Educators in Ventura County recognize the need for a continuum of educational services for all students, including expelled students. It is important to provide support and service to the expelled student while recognizing the rights of others to be safe. Local educators also recognize the seriousness of expulsion and pledge to apply careful thought, with an emphasis on fairness and consistency during the decision-making process.
On July 1, 1996, Education Code section 48926 became operational. California Education Code section 48926 states "each county superintendent of schools in counties that operate community schools pursuant to Section 1980, in conjunction with superintendents of school districts within the county shall develop a plan for providing education services to all expelled pupils in that county. The plan shall be adopted by the governing board of each school district within the county and by the county board of education."In addition, Education Code section 48926 requires that the following components be contained in this plan: (a) an enumeration of existing educational alternatives for expelled pupils; (b) the identification of gaps in educational services to expelled pupils; (c) proposed strategies for fulfilling said gaps; and (d) alternative placement for those expelled students who have failed to meet the terms and conditions of their rehabilitation plan.
Education Code section 48916 (b) states that "The governing board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion order...." That is, a student whose behavior has resulted in expulsion is given a rehabilitation plan that is designed by the district of residence. This plan will involve one or more of the options contained in this plan.
California Education Code section 48916.1 states "At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion...." Therefore, every Ventura County School district governing board will refer each expelled student to an appropriate educational placement for the period of the expulsion. The educational placement will be determined on an individual basis by the school district's governing board based on 1) seriousness of offense, 2) available educational alternatives and 3) other related factors.
All educational alternatives provided by California's school districts are not available to all expelled students. Seriousness of offense, location of offense, and grade level of the student all have the potential to restrict the district level educational alternatives available to the student during the period of expulsion. Students expelled for any of the offenses listed in subdivision (a) or (c) of section 48915 of the California Education Code shall not be permitted to enroll in any district-operated program during the period of the expulsion unless it is a community day school (E.C. 48915.2). All expelled students shall be referred to an educational placement that is 1) not situated at a comprehensive middle, junior or senior high school or any elementary school and 2) not housed at the school site attended by the student at the time of the offense (E.C. 48915). If the expelled student is in grades K-6, the educational placement for the student shall not be merged or combined with educational programs offered to students in grades 7-12 (E.C. 48916.1). In addition to the requirements stated above, such factors as district size, district level alternatives, county level alternatives and district philosophy can influence the decisions by a district board of education regarding what educational alternatives are appropriate for the students who are expelled.
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Existing School District Educational Alternatives for Expelled Youth
Each school district should take steps to see that services are provided for students who have an expulsion hearing. A student whose behavior has resulted in expulsion shall be given a rehabilitation plan that is designed by the district of residence. Any recommended placement should be monitored and appropriate documentation maintained. This plan may involve one or more of the options outlined below.
The governing board of each school district will determine which educational alternatives are appropriate and available. Educational alternatives throughout Ventura County for students recommended for expulsion include, but are not limited to, the following options:
1. Expulsion, suspended order, with placement on the same school campus.
2. Expulsion, suspended order, with placement on a different school campus within the District.
3. Expulsion, suspended order, with placement in District Independent Study, if the parent consents.
4. Expulsion, suspended order, with subsequent transfer to another district.
5. Expulsion with referral to a District Community Day School program, if available.
6. Expulsion with subsequent transfer to another district.
7. Expulsion with referral to the Ventura County Superintendent of Schools Court and Community School Program.
Existing Ventura County Superintendent of Schools Office Educational Alternative for Expelled Youth
The Ventura County Superintendent of Schools office offers educational alternatives to expelled students through its court and community schools. Court schools require the formal placement of students into the program by the juvenile court or its probation department representatives. These programs can be either residential or non-residential. These two county-level educational alternatives will be available to Ventura County students who have been expelled from district programs. District boards can refer expelled students to County Community Schools. The juvenile court may adjudicate expelled students to Court School.
Educational alternatives offered by the Ventura County Superintendent of Schools Office include the following:
County and District Gaps and Strategies I - Educational Services
There are seven major gaps that exist with respect to providing educational services to expelled pupils. What follows is an overview of the identified gaps and the corresponding County/District strategies for addressing these gaps in educational services.
Service Gaps and County / District Strategies
Service Gap #1: Referral Back To Original School District Due To Second Violation Or Non Attendance
1. A student could be expelled from the District under Education Code 48915 and referred to either a district-operated Community Day School, or county-operated Court and Community School Program. This student could then commit another violation of Education Code 48915, or simply not attend, and ultimately be referred back to the original District.
County / District Strategy to Address Service Gap #1
The school district of residence will continue to maintain responsibility for developing a rehabilitation plan for the student, referring the student to an appropriate educational setting, and ensuring that an educational program is provided to the expelled student.
A rehabilitation plan for that student may involve both District(s) and County staff members, as well as the student and his/her parent/guardian.
Service Gap #2: Failed Placement(s)
2. Students who have failed their placement in district-operated Community Day Schools may be referred to other district programs or to a county-operated Community School. If the student fails the program or commits another expulsion-type offense, there may not be any viable alternatives remaining.
County / District Strategy to Address Service Gap #2
The Ventura County Superintendent of Schools Office (VCSSO) will continue to provide educational services to those eligible students placed or referred to the Court and Community School Program.
Districts will continue to use existing educational strategies and programs to meet the needs of expelled students.
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Service Gap #3, #4, and #5: Small School Districts
3. Small school districts within Ventura County generally expel very few students during the course of a school year. Since so few students are expelled, having a special class or program for such students, located in each district, is not financially feasible.
4. Students, who are expelled by individual small school districts vary as to age, grade level, and expulsion offenses. The wide range of age, grade level, and seriousness of offense make it difficult for these districts to provide appropriate programs for these students.
5. There are significant geographical distances between local small districts, thus district or county operated classroom sites/programs for small school districts would require either extensive busing, which is not financially feasible, or parent provided transportation, which is often impossible for the parents.
County / District Strategy to Address Service Gap #3, #4 and #5
A regional program may be developed to address geographical factors or limited numbers.
The school district of residence will continue to maintain responsibility for developing a rehabilitation plan for the student, referring the student to an appropriate educational setting, and ensuring that an educational program is provided to the expelled student.
A rehabilitation plan for that student may involve both District(s) and County staff members, as well as the student and his/her parent/guardian.
Service Gap #6: Students In Grades One Through Six
6. Students in grades one through six who are expelled do not have the same educational options available as do expelled youth who are in grades seven through twelve, due to the limited numbers of students who are expelled in these lower grades. These younger students cannot attend the programs designed for middle and high school students. The numbers are growing, but generally are not enough to develop an elementary school classroom or program.
County / District Strategy to Address Service Gap #6
A regional program may be developed to meet this need.
The school district of residence will continue to maintain responsibility for developing a rehabilitation plan for the student, referring the student to an appropriate educational setting, and ensuring that an educational program is provided to the expelled student.
A rehabilitation plan for that student may involve both District(s) and County staff members, as well as the student and his/her parent/guardian.
Service Gap #7: District Operated Community Day School
7. The district-operated Community Day School option for expelled students, as described in current California Education Code, is difficult for the local districts to develop due to the following reasons: the six (6) hour, or 360 minute school day, exceeds the required hours for the following educational settings: a minimum school day (240 minutes), the required hours for a continuation school day (15 hours per week), the required hours for students enrolled in the various elementary school programs, and the current 240 or more minutes used by the county-operated Community School Program; access to the additional funding is contingent upon the student completing six hours of attendance. The required clock hour, or hour-by-hour, attendance accounting required for community day school incentive funding is labor intensive and time consuming; the Community Day School guidelines limit the instructional strategies which can be used, such as contracted study, lessening the program flexibility; the separation of students in grades K-6 from students in grade 7-8 also creates boundaries that are financially and/or geographically difficult; and existing law generally prohibits the governing board of a school district from referring an expelled pupil to a program of study that is situated on specified comprehensive school sites.
County / District Strategy to Address Service Gap #7
The school district of residence will continue to maintain responsibility for developing a rehabilitation plan for the student, referring the student to an appropriate educational setting, and ensuring that an educational program is provided to the expelled student.
A rehabilitation plan for that student may involve both District(s) and County staff members, as well as the student and his/her parent/guardian.
VCSSO may assist individual district(s) in developing alternatives to address this gap.
VCSSO may continue to provide educational services to those eligible students placed or referred to the Court and Community School Program.
County and District Alternative Placements
Per Education Code 48926, "The plan shall also identify alternative placements for pupils who are expelled and placed in district community day school programs, but who fail to meet the terms and conditions of their rehabilitation plan or who pose a danger to other district pupils, as determined by the governing board."
The school district of residence continues to maintain responsibility for developing a rehabilitation plan for the student, referring the student to an appropriate educational setting, and ensuring that an educational program is provided either within or outside the school district.
Expelled students who fail to meet the terms and conditions of the district rehabilitation plan may be referred to a different district school, another district program, a district Community Day School Program (if funded), or the VCSSO Court and Community School Program.
Expelled students may be referred to a VCSSO Court and Community School Program for possible placement. If accepted, an Individual Learning Plan will be developed with the student, parent(s) or legal guardian(s), and appropriate staff. Part of this plan may include a goal of returning to the school district of residence after the district expulsion term. If students fail the county-operated program, they will be referred back to the district for review.
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