SUSPENSION AND EXPULSION
FREQUENTLY ASKED QUESTIONS
California Code, Welfare and Institutions Code - WIC 10491 and 10491.1
Q: What is expulsion?
Expulsion is the permanent removal of a child from a program in response to a child’s behavior.
Q: What is suspension?
Suspension means the removal of a child from all or part of the program day or preventing a child from attending the program for one or more days, in response to the child’s behavior. This may include asking a child to leave the classroom or activities, sending a child home early, or requesting early pickup due to behavior.
Q: What are examples of suspension under WIC 10491 and 10491.1?
Examples of suspension may include sending a child home early due to behavior, asking a family to keep a child home for one or more days, removing a child from the classroom or program activities because of behavior, or repeatedly requesting early pickup. Under WIC 10491 and 10491.1, suspension includes the removal of a child from all or part of the program day in response to behavior.
Q: Which child care and development programs must follow these suspension and expulsion requirements?
The following California Department of Social Services programs these requirements apply to are: General Child Care and Development Programs (CCTR), Migrant General Child Care (CMIG), Child Care and Development Services for Child with Severe Disabilities (CHAN), and Family Child Care Home Education Networks (FCCHEN), including CCTR and CMIG programs operating through FCCHEN.
Q: When must programs notify parents in writing of their right to appeal a suspension or expulsion?
Programs must provide written notice at enrollment, recertification, and when issuing a Notice of Action (NOA) for suspension or expulsion. This notice must include information on limits under Welfare Institution Code 10491 and 10491.1, the right to appeal, and how to file an appeal with California Department of Social Services.
Q: What steps must a program take before suspending a child?
Suspension may only be used as a last resort when there is a serious safety threat, including but not limited to physical aggression, property destruction and self-injury, that cannot be addressed through reasonable steps. Programs shall first implement and document developmentally appropriate interventions, including, but not limited to collaboration with families, supportive strategies, and referrals to additional services before considering suspension or expulsion.
Q: What behaviors and documentation must programs track when considering suspension?
Programs must document the child’s behavior and all steps taken to support continued participation, including collaboration with families, staff, referral to community resources, and behavior consultants.This includes tracking serious and persistent behaviors (such as aggression, property destruction, or self-injury) and maintaining a written plan that shows all developmentally appropriate interventions were attempted before considering suspension.
Q: What steps must be taken before an expulsion occurs?
In accordance with WIC 10491 and 10491.1 and Child Care Bulletin CCB NO. 24-23 and CCB NO. 23-24, programs must take and document reasonable steps to support the child’s continued participation, including collaborating with families such as consistent communication, developing support plans, connecting to resources, coordinating support strategies, consulting with staff, and using developmentally appropriate strategies. Programs must also provide written notice to families outlining concerns, supports, and plans. These efforts must occur within a 180-day period, unless safety cannot be maintained sooner.
Q: What behaviors and documentation must programs track when considering expulsion?
Programs must document the child’s behavior and all efforts to support continued participation, including collaboration with families, staff, and referrals to mental health and behavior consultants. This includes tracking persistent and serious behaviors (such as aggression, property destruction, or self-injury) and maintaining records that show all developmentally appropriate interventions were attempted before considering expulsion.
Q: What is the procedure if a child is expelled?
Programs must first pursue and document all reasonable steps to support the child’s continued participation, including consultation/collaborating with families, staff, referral to appropriate services and, if applicable, agencies responsible for the Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP). If expulsion is determined necessary, the program must issue a Notice of Action (NOA), inform the family of their right to appeal, and provide referrals to alternative placements and supports. The process must be completed within required timelines.
Q: What if the child being suspended or expelled has an IFSP or IEP?
With parent consent, programs must consult with the agency responsible for the child’s IFSP or IEP to support the child’s participation. Programs should also consider additional screening, referrals, and behavior supports. Collaboration with the IFSP/IEP team may help identify additional supports and services to support the child’s continued participation in care.
Q: What are examples of developmentally appropriate behaviors that must not result in exclusion?
Programs must not suspend or expel children for behaviors that are typical for their age and development. Examples of developmentally appropriate behaviors include crying, tantrums, difficulty sharing, short attention span, separation anxiety, toileting accidents, and occasional impulsive behaviors. These behaviors are expected in early childhood and should be addressed through supportive, developmentally appropriate strategies.
For additional information and resources related to supporting children's social-emotional development and responding to challenging behaviors, see the California Department of Social Services, Child Care and Development Division Quality Initiatives Handout
Parents and families may also contact the 800-KIDS-793 toll-free phone line for assistance connecting with their local Child Care Resource and Referral (R&R) agency for information about child care, child development, and available community resources.
Q: How do we determine whether a behavior is “persistent and serious”?
Under Welfare and Institutions Code (WIC) section 10491(e), "persistent and serious behaviors" are behaviors that repeatedly and significantly interfere with a child's or other children's learning or safety and do not respond to developmentally appropriate interventions. When determining whether a behavior meets this definition, programs should consider the frequency, duration, and intensity of the behavior, as well as the child's response to consistently implemented, developmentally appropriate strategies. A single incident or behavior that is typical for a child's age or stage of development generally does not meet the definition of "persistent and serious." Each situation should be evaluated individually using professional judgment, documentation, and the child's developmental context.
Q: How will programs ensure compliance with the new policies and provide staff training?
Programs must establish written policies aligned with suspension and expulsion requirements and ensure all staff are trained. These policies must be clearly outlined in the parent handbook and communicated to families. This includes understanding limits on suspension and expulsion and how to implement supportive, developmentally appropriate interventions.
Q: I’m dealing with a specific situation and need help. Who can I contact?
Programs can access support through the California Infant and Early Childhood Mental Health Consultation (IECMHC) Network, including the “Just in Time” Support Hotline at 1-877-524-2422 (Monday–Friday, 8:00 a.m.–5:00 p.m.). Programs may also contact their CDSS Program Consultant for guidance.
Q: How can I talk to parents about behavioral or developmental concerns?
Build trust by starting with the child’s strengths and using objective, specific observations rather than labels or assumptions. Engage families as partners and experts in their child’s life by asking for their input, sharing strategies already in place, and discussing supportive next steps. Conversations should be ongoing and not only occur when concerns escalate.
Approach families with empathy, patience, and a shared focus on supporting the child’s success. Programs can also provide resources, celebrate progress, and continue revisiting strategies together over time. Additional guidance and resources for talking with families can be found through the Center for Inclusive Early Education at Center for Inclusive Early Education.
Q: What are alternatives to exclusionary practices or discipline?
Programs can use a range of supportive strategies to address behavior while keeping children engaged in care. This includes implementing Positive Behavior Support (PBS) and social-emotional learning and culturally sensitive practices, teaching and reinforcing prosocial skills, and using tools like visual supports, calming spaces, and structured routines. Individualized supports, such as behavior plans developed with families and specialists, can help identify triggers and tailor strategies to meet each child’s needs.
Additional approaches include partnering with families, accessing consultation and support through programs such as the California Infant Early Childhood Mental Health Consultation Network (IECMHC), and providing ongoing staff training in trauma-informed and culturally responsive practices. Adjusting the classroom environment, offering sensory support, and connecting families to community resources or specialized services can further support the child without relying on exclusion.
Q: How should programs handle when families do not participate in meetings or support?
Programs must continue to make reasonable efforts to engage families, including documenting outreach attempts and offering flexible options such as phone meetings or interpreter support. Programs should keep families informed through written updates and continue implementing supportive strategies for the child.
A lack of family participation cannot be used to move more quickly toward suspension or expulsion. Programs are expected to demonstrate good-faith efforts to collaborate while continuing to support the child’s participation.
Q: How should programs manage safety concerns while keeping all children supervised?
Programs should address safety concerns using supportive strategies that maintain safety and supervision for all children. This may include adding temporary staff support, adjusting the environment, using supervised calming spaces, and implementing clear safety plans during high-risk situations.
Programs can also access supports such as IECMHC for guidance. Suspension or expulsion may only be used as a last resort in extraordinary circumstances, after all required reasonable steps and developmentally appropriate interventions have been implemented and documented, consistent with WIC section 10491.1. The focus should remain on maintaining a safe, supportive, and inclusive learning environment that promotes the participation of all children.
Q: What mechanisms are in place for families to appeal suspension or expulsion decisions?
Programs must issue a written NOA when a child is suspended or expelled, which includes information about the family’s right to appeal directly to CDSS. Families have 14 calendar days from receipt of the NOA to submit an appeal. Programs are also required to inform families at enrollment and recertification about appeal rights and how to file.
Q: What if a parent is not wanting to participate or seems in denial about their child’s behavior?
Families may need time to process concerns, and what looks like denial can be a protective response. Programs can support engagement by building trust, sharing objective observations, and focusing on the child’s strengths. Programs should also document efforts to communicate and partner with the family, including outreach attempts and supportive strategies offered. Keeping communication open and revisiting the conversation over time often helps strengthen partnership and support for the child.
Q: What if a program implements strategies and supports, but the family is not engaging and progress is limited?
Limited family engagement can happen for many reasons, including stress, past experiences, or needing more time to build trust. Programs can continue to use consistent, supportive strategies, document efforts, and keep communication open and respectful. Focusing on small wins and maintaining a partnership approach over time can help strengthen engagement and support progress for the child
Q: If an IFSP/IEP or behavior plan includes notifying the parent/guardian when a child is unsafe, is a Notice of Action (NOA) still required?
Yes. Even if calling the parent is part of the plan, a NOA is still required if the child is removed from care or sent home due to behavior. The NOA documents the action taken and helps ensure compliance with requirements related to suspension and expulsion.
Q: If a family voluntarily picks up their child early as part of a support plan, is that considered a suspension?
It is considered a suspension if the early pickup is due to the child’s behavior and results in a loss of program time. Programs should avoid relying on early pickups as a routine response and instead focus on supportive, preventive strategies. Documentation is still needed to ensure compliance with suspension and expulsion requirements.
Q: We have a mix of CCTR and private pay families. Do these requirements apply to just CCTR children or all children?
The requirements apply specifically to CCTR-enrolled children. However, child care providers, regardless of funding source, are required to provide reasonable accommodations for children with disabilities in accordance with applicable federal and state laws, including the Americans with Disabilities Act (ADA). Contractors may also choose to implement the policies and practices outlined in WIC 10491 and 10491.1 across all children in their program to promote consistency, equity, inclusion, and high-quality care.
Q: During the appeal process, can a child continue receiving care?
If the appeal is related to an expulsion, the child may not continue attending the program. If the appeal is related to a suspension, the child may return after the suspension period has ended while the appeal is being reviewed.
Q: How should staff respond when they believe Child Protective Services (CPS) should be involved based on a child’s behavior?
Challenging behavior alone is not an indicator of abuse or neglect. While staff are mandated reporters and must act when there is reasonable suspicion, decisions should not be based solely on a child’s behavior. Programs can support staff by reinforcing objective observation, avoiding assumptions, and focusing on supportive strategies for the child and family. When concerns arise, staff should follow mandated reporting requirements while continuing to engage families with empathy and connect them to appropriate supports.
Q: Where does funding come from for additional services, such as a behaviorist?
Programs are required to meet contract requirements, including policies related to preventing suspension and expulsion. There is no additional dedicated funding for specific services; however, programs can utilize existing supports such as consultation and resources available through the California Infant and Early Childhood Mental Health Consultation (IECMHC) Network, community partnerships, referral to local agency responsible for IDEA or special education services and internal resources.