5112.2 - Exclusions From Attendance - Procedure

Students may be excluded from attendance in the County Superintendent of Schools programs for any of the following reasons:

1. Children under six (6) years of age are excluded from the public schools except as otherwise provided in the Education Code.

2. The County Superintendent of Schools may exclude students of filthy or vicious habits, or students suffering from contagious or infectious diseases.

3. The County Superintendent of Schools may exclude any student whose physical or mental disability is such as to cause his/her attendance to be inimical to the welfare of the other students.

4. The County Superintendent of Schools may exclude any student who does not present evidence of immunization from certain infectious diseases as required by law unless the parent/guardian requests, in a written statement, exemption from the requirement on the basis of the physical condition of the student or conflict with the religious beliefs of the parent/guardian.

5. Any student who resides where any contagious, infectious, or communicable disease exists, or has existed, which is subject to quarantine, shall not be permitted to attend school without written permission of the health officer.

Prior to excluding a student from attendance, the County Superintendent of Schools or designee shall send a notice to the parent/guardian of the student. The notice shall contain the following statements:

1. A statement of the facts leading to a decision to propose exclusion.

2. A statement that the parent/guardian has a right to meet with the County Superintendent of Schools, or designee, to discuss the proposed exclusion.

3. A statement that at any such meeting the parent/guardian shall have an opportunity to:

A. Inspect all documents on which the County Superintendent of Schools is basing his/her decision to propose exclusion.

B. Challenge any evidence and confront and question any witness presented by the County Superintendent of Schools or designee.

C. Present oral and documentary evidence on the student’s behalf, including witnesses.

D. Have one or more representatives of the parent/guardian present at said meeting.

4. A statement that the decision to exclude the student is subject to periodic review and a statement of the procedures for such periodic review.

The County Superintendent of Schools or designee shall not be required to send prior notice of exclusion to the parent/guardian if the student is excluded because:

1. He/she resides in an area subject to quarantine.

2. He/she is exempt from a medical examination but suffers from a contagious or infectious disease.

3. It is determined that the student would constitute a clear and present danger to the life, safety, or health of students or school personnel.

The County Superintendent of Schools or designee shall send a notice as soon as reasonably possible after the exclusion.