8248.1.
(a) (1) Except as authorized by paragraph (3), a program shall not do either of the following:(A) Expel or unenroll a child because of a child’s behavior.
(B) Persuade or encourage a child’s parents or legal guardians to voluntarily unenroll from the program due to a child’s behavior.
(2) (A) If a child exhibits persistent and serious challenging behaviors, the program shall expeditiously pursue and document reasonable steps, including, but not limited to, consulting with the child’s parents or legal guardians and teacher, and, if available, engaging an early childhood
mental health consultant, to maintain the child’s safe participation in the program. The program shall inform the parents or legal guardians of a child exhibiting persistent and serious challenging behaviors of the process described in this section.
(B) (i) If the child has an individualized family service plan or individualized education program, the program, with written parental consent, shall contact the agency responsible for the individualized family service plan or individualized education program to seek consultation on serving the child.
(ii) If the child does not have an individualized family service plan or individualized education program, the program shall consider, if appropriate, completing a universal screening of the
child, including, but not limited to, screening the child’s social and emotional development, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program before referring the child’s parents or legal guardians to the local agency responsible for implementing the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(3) If a program has expeditiously pursued and documented reasonable steps to maintain the child’s safe participation in the program and determines, in consultation with the parents or legal guardians of the child, the child’s teacher, and, if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), that the child’s continued enrollment would present a continued serious safety threat to the
child or other enrolled children, it shall refer the parents or legal guardians to other potentially appropriate placements, the local child care resource and referral agency, or any other referral service available in the local community. The program may then unenroll the child.
(4) A program shall have up to 180 days to complete the process described in paragraphs (2) and (3).
(b) (1) Except as provided in paragraphs (2), (3), and (4), a program shall not do either of the following:
(A) Suspend a child due to a child’s behavior.
(B) Encourage or persuade a child’s parents or legal guardians to prematurely
pick up a child due to a child’s behavior.
(2) Suspension shall only be used as a last resort in extraordinary circumstances where there is a serious safety threat that cannot be reduced or eliminated by providing reasonable modifications.
(3) Before a program determines whether suspension is necessary, the program shall collaborate with the child’s parents or legal guardians, engage with a mental health consultant, if available, and use appropriate community resources, such as behavior coaches, psychologists, other appropriate specialists, or other resources, as needed, to determine no other reasonable option is appropriate.
(4) If suspension is deemed necessary, a program shall help the child return to full participation in all program activities as quickly as possible while ensuring child safety by doing all of
the following:
(A) Continuing to engage with the parents and, if available, a mental health consultant, and continuing to use appropriate community resources.
(B) Developing a written plan to document the action and supports needed.
(C) Providing referrals to appropriate community services.
(D) Determining whether a referral to a local agency responsible for implementing the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) is appropriate.
(c) (1) The department shall include in each contract for service with a program references to the limitations on expulsion and suspension provided in this section.
(2) Upon enrollment of a child, a program shall notify the child’s parents or legal guardians of the limitations on expulsion and suspension provided in this section. This notification shall include resources to submit a complaint or appeal a decision made by a program regarding the expulsion or suspension of a child.
(3) A written “Notice of Action, Recipient of Services” described in Section 18095 of Title 5 of the California Code of Regulations shall include information on expulsions and suspensions provided in this section and resources to submit a complaint or appeal a decision made by a program regarding the expulsion or suspension of a child.
(d) A program shall maintain records on, and the department shall annually collect from contracting agencies, all of the following information:
(1) The number of times the process described in paragraph (2) of subdivision (a) was initiated during a program year, and what the outcome of the process was.
(2) The number of times the process described in paragraphs (3) and (4) of subdivision (b) was initiated during a program year, and what the outcome of the process was, including, if applicable, how long a child was excluded from the program.
(3) The data collected pursuant to paragraphs (1) and (2) shall include for each child, at a minimum, age, sex, race and ethnicity, foster status, home language, disability, and whether the child has an individualized family service plan or an individualized education program.
(e) The department shall annually publish a report with aggregate data on how many
times during the most recent program year the processes described in paragraph (2) of subdivision (a) and paragraphs (3) and (4) of subdivision (b) were initiated and what the outcomes were, and how many appeals or complaints the department received from parents or legal guardians regarding expulsion and suspension. The report shall be disaggregated by age, sex, race and ethnicity, foster status, home language, disability, and assignment of an individualized family service plan or individualized education program, as applicable.