California Code
ARTICLE 24 - Expulsion and Suspension Procedures in Childcare and Development Services Programs
Section 8489.

8489. For purposes of this article, the following terms shall apply:

(a) “Expulsion” means the permanent dismissal of a child from a program in response to a child’s behavior.

(b) “Licensed family childcare provider” means a childcare provider who participates in a state-funded early care and education program, and is an individual who operates a family daycare home, as defined in Section 1596.78 of the Health and Safety Code, and is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code.

(c) “Program” means a California State Preschool program described in subdivision (w) of Section 8205 or family childcare home education network programs described in subdivision (k) of Section 8205 that serves children from zero to five years of age, inclusive.

(d) “Suspension” means any removal of a child from all or part of the program day, or the prevention of a child from attending the program for one or more days, in response to the child’s behavior.

(e) “Persistent and serious behaviors” means either repeated patterns of behavior that significantly interfere with the learning of other children, or interactions with peers and adults that are not responsive to the use of developmentally appropriate guidance. This includes, but is not limited to, physical aggression, property destruction, and self-injury.

(Added by Stats. 2022, Ch. 915, Sec. 4. (AB 2806) Effective January 1, 2023.)