AB 1230 Enacts New Requirements For Student Expulsion Rehabilitation Plans and Readmission Procedures
Effective January 1, 2026, Assembly Bill (“AB”) 1230 amends various sections of the Education Code related to pupil expulsion rehabilitation plans and readmission procedures. Under current law, at the time a pupil is ordered expelled, local educational agencies (“LEA”) are required to recommend a plan for rehabilitation, which may include periodic review, prior to assessment at the time of review for readmission. LEAs are further required to adopt rules and regulations regarding student requests for readmission under which a pupil shall be readmitted unless there is a finding that the pupil has not met the conditions of the rehabilitation plan, or that the pupil poses a continuing danger to campus safety, other pupils, or school employees.
AB 1230 makes significant changes to both the rehabilitation plan and readmission procedures required under Education Code Section 48916. AB 1230 requires all rehabilitation plans to include a periodic review and preliminary assessment for readmission at least 45 days prior to the end of the expulsion term. AB 1230 further requires LEAs to tailor rehabilitation plans to the specific needs of the student, and to address the student’s behavior that led to the expulsion. The bill further suggests that rehabilitation plans should be developed in consultation with school personnel who have knowledge or expertise regarding the student and their behavior.
AB 1230 also addresses student access to rehabilitation services by mandating that LEAs assist students in locating accessible opportunities that are necessary to complete rehabilitation plans, including, but not limited to, counseling and community service. Further, LEAs are now prohibited from requiring students to pay for any costs or services that are necessary to complete a rehabilitation plan.
Under AB 1230, an LEA’s readmission review must indicate whether the student had access to the necessary resources to complete the rehabilitation plan. If a student does not complete a rehabilitation plan due to financial or transportation barriers, the LEA may not use such failure as a basis to deny readmission.
AB 1230 makes significant changes to the grounds upon which an LEA may deny a student’s request for readmission following expulsion. An LEA may now deny readmission of an expelled student only if the governing board makes a finding that: (1) the student failed to substantially meet the conditions of their rehabilitation plan despite having access to necessary resources and opportunities; or (2) the student has continued to exhibit documented behaviors similar to the behaviors that led to them being expelled or would make the student eligible for another expulsion.
AB 1230 adds a new time limit on extended expulsion periods following a denial of readmission. If a student is not readmitted, the expulsion term may only be extended by one (1) additional semester at a time, at which point the student will undergo another readmission assessment.
AB 1230 also makes changes to Education Code Section 48916.1 regarding the affirmative steps that LEA governing boards must take to ensure that expelled pupils do not experience a gap in educational services. Under the amendments, before an expulsion order is finalized, governing boards shall notify the pupil and their family of the available educational options for expelled pupils as outlined in the County Plan. In addition, no later than three (3) days after ordering a pupil expelled, governing boards shall complete the pupil’s initial referral for enrollment in an educational program.
Finally, AB 1230 amends Education Code Section 48926 to provide that each County Superintendent of Schools operating community schools for expelled students shall include in their education plan any services required pursuant to a student’s individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973. The County plans must also identify multiple educational programs and services available to students, outline a timely readmission process, and outline the steps to be taken by the local LEA to support the successful transition of the student upon readmission.
In light of these significant legislative amendments, we recommend that LEAs review their policies, procedures, and forms regarding expelled students’ readmission and rehabilitation. If you have any questions regarding the content of this Alert, or would like any assistance with review and/or revision of any of your existing documents to conform to these new legal requirements, please contact the authors or your regular AALRR counsel.
This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.
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