T.H. v. San Diego Unified School District

CERTIFIED FOR PUBLICATION A middle school vice-principal recommended that a student, T.H., be expelled from school because she was involved in repeated acts of fighting. After a series of hearings, the San Diego Unified School District (District) agreed with this recommendation and expelled T.H. from its schools. Under state law, this type of offense can lead to an expulsion, but a school principal has the discretion to decide not to refer the matter to the governing school board for an expulsion hearing. Under the District's ""zero tolerance"" administrative regulations, a school principal (or designee) has no such discretion and referral is mandatory. T.H. asserted a facial challenge to these administrative regulations, claiming they violate state law and are unconstitutional. The trial court agreed and entered judgment enjoining the District from enforcing the challenged regulations. The District appeals. We conclude the challenged regulations do not violate applicable state law or constitutional principles and reverse the judgment.