AR 5144.1
Students
Suspension and
Expulsion/Due Process
Definitions
Suspension from school means removal of a student
from ongoing instruction for adjustment purposes. However, “suspension” does not mean any of
the following: (Education Code 48925)
1. Reassignment
to another education program or class at the same school where the student will
receive continuing instruction for the length
of day prescribed by the Governing Board
for students of the same grade level
2. Referral
to a certificated employee designated by the principal to advise
students
3. Removal
from the class, but without reassignment to another class or program, for the
remainder of the class period without sending the student to the principal or designee as provided in
Education Code 48910. Removal from a particular class shall not
occur more than once every five
school days.
Expulsion means removal of a student from the
immediate supervision and control, or the general supervision, of school
personnel. (Education Code 48925)
Day means a calendar day unless otherwise
specifically provided. (Education Code 48925)
School day means a day upon which the schools of the
district are in session or weekdays during the summer recess. (Education Code 48925)
Student includes a student's parent/guardian or legal
counsel. (Education Code 48925)
Principal's designee means one or more administrators
or, if there is not a second administrator at one school site, a certificated person
specifically designated by the principal, in writing, to assist with
disciplinary procedures. Only one such
person may be designated at any time as the principal's primary designee and
only one such person may be designated as secondary designee for the school
year. The names of such persons shall be
on file in the principal's office.
(Education Code 48911)
School property, for the purposes described in
Education Code 48900,
includes, but is not limited to, electronic files and databases. (Education Code 48900(s))
Notice of Regulations
At the beginning of each school year, the principal of
each school shall ensure that all students and parents/guardians are notified
in writing of all school rules related to discipline, suspension. (Education Code 48900.1, 48980)
Grounds for Suspension and Expulsion
A student may be subject to suspension or expulsion
when it is determined that he/she:
1. Caused,
attempted to cause, or threatened to cause physical injury to another person or
willfully used force or violence upon the person of another, except in self-defense. (Education Code 48900(a))
A student who aids or abets the infliction or
attempted infliction of physical injury on another person, as defined in Penal
Code 31, may be suspended, but not
expelled. However, a student may be
suspended or expelled pursuant to Education Code 48900(a) once he/she has been adjudged by a juvenile
court to have committed, as an aider or abettor, a
crime of physical violence in which the victim suffered great or serious bodily injury. (Education Code 48900(s))
2. Possessed,
sold, or otherwise furnished any firearm, knife, explosive, or other dangerous
object unless, in the case of possession of any object of this type, the student had obtained written permission
to possess the item from a certificated school employee, with the principal or designee's
concurrence. (Education Code 48900(b))
3. Unlawfully
possessed, used, sold, or otherwise furnished, or was under the influence of,
any controlled substance as defined in Health and
Safety Code 11053-11058, alcoholic beverage, or intoxicant of any kind. (Education Code 48900(c))
4. Unlawfully
offered, arranged, or negotiated to sell any controlled substance as defined in
Health and Safety Code 11053-11058, alcoholic
beverage or intoxicant of any kind, and then sold, delivered or otherwise
furnished to any person another liquid, substance or material and represented same as controlled substance, alcohol
beverage or intoxicant. (Education Code 48900(d))
5. Committed
or attempted to commit robbery or extortion.
(Education Code 48900(e))
6. Caused
or attempted to cause damage to school property or private property. (Education
Code 48900(f))
7. Stole
or attempted to steal school property or private property. (Education Code 48900(g))
8. Possessed
or used tobacco or any products containing tobacco or nicotine products, including but not limited to cigars,
cigarettes, miniature cigars, clove
cigarettes, smokeless tobacco, snuff, chew packets and betel. This restriction shall not prohibit a student
from using or possessing his/her own
prescription products. (Education Code 48900(h))
9. Committed
an obscene act or engaged in habitual profanity or vulgarity. (Education Code 48900(i))
10. Unlawfully
possessed or unlawfully offered, arranged, or negotiated to sell any drug
paraphernalia, as defined in Health and Safety Code 11014.5.
(Education Code 48900(j))
11. Disrupted
school activities or otherwise willfully defied the valid authority of
supervisors, teachers, administrators, other school officials, or other school personnel engaged in the
performance of their duties. (Education
Code 48900(k))
12. Knowingly
received stolen school property or private property. (Education Code 48900(l))
13. Possessed
an imitation firearm, i.e., a replica of a firearm that is so
substantially similar in physical properties to an existing firearm as to lead a reasonable person to
conclude that the replica is a firearm.
(Education Code 48900(m))
14. Committed
or attempted to commit a sexual assault as defined in Penal Code 261, 266c,
286, 288, 288a or 289, or committed a sexual battery
as defined in Penal Code 243.4. (Education
Code 48900(n))
15. Harassed,
threatened, or intimidated a student who is a complaining witness or witness in
a school disciplinary proceeding for the purpose
of preventing that student from being a
witness and/or retaliating against that student for being a witness. (Education Code 48900(o))
16. Unlawfully
offered, arranged to sell, negotiated to sell, or sold the prescription drug
Soma. (Education Code 48900(p))
17. Engaged
in, or attempted to engage in, hazing as defined in Education Code 32050. (Education Code 48900(q))
18. Made
terrorist threats against school officials and/or school property. (Education Code 48900.7)
A
student in grades 4-12 is also subject to suspension or recommendation for
expulsion when it is determined that he/she:
19. Committed
sexual harassment as defined in Education Code 212.5 (Education Code 48900.2)
20. Caused,
attempted to cause, threatened to cause, or participated in an act of hate
violence as defined in Education Code 233
(Education Code 48900.3)
21. Intentionally
engaged in harassment, threats or intimidation against district personnel or
students that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially
disrupting classwork, creating substantial disorder, and invading the rights of school personnel or students
by creating an intimidating or
hostile educational environment (Education Code 48900.4)
A student may be suspended or expelled for any of the
acts listed above if the act is related to school activity or school attendance
occurring at any district school under the jurisdiction of the Superintendent
or principal or within any other school district, including but not limited to
the following circumstances: (Education
Code 48900)
1. While
on school grounds
2. While
going to or coming from school
3. During
the lunch period, whether on or off the school campus
4. During,
going to, or coming from a school-sponsored activity
The Superintendent or principal may use his/her
discretion to provide alternatives to suspension or expulsion for a student
subject to discipline under this administrative regulation, including, but not
limited to, counseling and an anger management program. (Education Code 48900(r))
Alternatives to suspension or expulsion shall be used
with students who are truant, tardy, or otherwise absent from assigned school
activities.
Removal from Class by a Teacher/Parental Attendance
A teacher may suspend any student from his/her class
for the remainder of the day and the following day for any act listed in
"Grounds for Suspension and Expulsion" above. (Education Code 48910)
A teacher also may refer a student to the principal
or designee for consideration of suspension from school. (Education Code 48910)
When removing a student from his/her class, the
teacher shall immediately report this action to the principal or designee and
send the student to the principal or designee for appropriate action. The student shall be appropriately supervised
during the class periods from which he/she has been removed.
As soon as possible, the teacher may ask the
student's parent/guardian to attend a parent-teacher conference regarding the
removal. A counselor or psychologist
should attend the conference if it is practicable, and a school administrator
may attend if either the parent/guardian or teacher so requests.
A student removed from class shall not be returned to
class during the period of removal without the approval of the teacher of the
class and the principal. (Education Code
48910)
A student removed from class shall not be placed in
another regular class during the period of removal. However, if a student is assigned to more
than one class per day, he/she may be placed in any other regular classes
except those held at the same time as the class from which the student was
removed. (Education Code 48910)
The teacher of any class from which a student is
removed may require the student to complete any assignments and tests missed
during the removal. (Education Code 48913)
Pursuant to Board policy, a teacher may provide that
the parent/guardian of a student whom the teacher has removed attend a portion
of a school day in his/her child's classroom.
When a teacher makes this request, the principal shall send the parent/guardian
a written notice that the parent/guardian's attendance is requested pursuant to
law. (Education Code 48900.1)
This notice shall also:
1. Inform
the parent/guardian when his/her presence is expected and by what means he/she
may arrange an alternate date
2. Describe
the legal protections afforded to the parent/guardian as an employee under
Labor Code 230.7
3. State
that if the parent/guardian does not have a means of transportation to school,
he/she may ride the school bus with the student
4. Ask
the parent/guardian to meet with the principal after the visit and before
leaving school, as required by Education Code 48900.1
Suspension by Superintendent, Director or Director's
Designee
The Superintendent, director or director's designee
may suspend a student from school for not more than five consecutive school
days unless the suspension is extended pending expulsion. (Education Code 48911)
The Superintendent or designee shall immediately
suspend any student found at school or at a school activity to be: (Education Code 48915)
1. Possessing,
as verified by a district employee, selling or otherwise furnishing a firearm,
unless the student had obtained prior written permission
to possess the item from a certificated
school employee, with the principal or designee's concurrence
2. Brandishing
a knife, as defined in Education Code 48915(g), at another
person
3. Unlawfully
selling a controlled substance listed in Health and Safety Code 11053-11058
4. Committing
or attempting to commit a sexual assault or committing a sexual battery as defined in item #14 under
"Grounds for Suspension and
Expulsion" above
5. Possession
of an explosive as defined in 18 USC 921
Suspension also may be imposed upon a first offense if
the Superintendent, principal or designee determines that the student violated
items #1-5 listed in "Grounds for Suspension and Expulsion" above or
if the student's presence causes a danger to persons or property or threatens
to disrupt the instructional process.
(Education Code 48900.5)
A student may be suspended from school for not more
than 20 school days in any school year, unless for purposes of adjustment the
student enrolls in or is transferred to another regular school,
an opportunity school, or continuation school or class, in which case
suspension shall not exceed 30 days in any school year. However, this restriction on the number of
days of suspension does not apply when the suspension is extended pending an
expulsion. (Education
The Superintendent or designee may count suspensions
that occur while a student is enrolled in another school district toward the
maximum number of days for which the student may be suspended in any school
year. (Education Code 48903)
Suspensions shall be initiated according to the
following procedures:
1. Informal
Conference: Suspension shall be preceded
by an informal conference conducted by the principal, designee or the Superintendent with the student and, whenever practicable, the teacher, supervisor or
school employee who referred the student to the principal. At the conference,
the student shall be informed of the reason for the disciplinary action and the
evidence against him/her; the student
shall be given the opportunity to present his/her version and evidence in
support of his/her defense. (Education Code
48911(b))
This
conference may be omitted if the principal, designee or the Superintendent
determines that an emergency situation exists.
An emergency situation
involves a clear and present danger to the lives, safety or health of students
or school personnel. If a student is suspended without this conference, both the
parent/guardian and student shall be notified of the student's right to return
to school for the purpose of a
conference. The conference shall be held
within two school days, unless the
student waives his/her right to it or is physically
unable to attend for any reason. In such
case, the conference shall be held as soon as the student is physically able to
return to school. (Education Code 48911(c))
2. Administrative
Actions: All requests for student
suspension are to be processed by the
principal or designee of the school in which the student is enrolled at the time of the misbehavior and, for
high schools students, coordinated between CCOC and the home high school. A
school employee shall report the suspension, including the name of the student
and the cause for the suspension, to the Superintendent
or designee.
3. Notice
to Parents/Guardians: At the time of the
suspension, a school employee shall make
a reasonable effort to contact the parent/guardian
by telephone or in person. Whenever a student is suspended, the parent/guardian shall be notified in
writing of the suspension. (Education Code 48911)
This
notice shall state the specific offense committed by the student. (Education Code 48900.8)
In
addition, the notice may state the date and time when the student may return to
school. If school officials wish to ask
the parent/guardian to confer
regarding matters pertinent to the suspension, the notice may add that state
law requires the parent/guardian to
respond to such requests without delay.
4. Parent/Guardian
Conference: Whenever a student is
suspended, school officials may meet with the parent/guardian to discuss the causes and duration of the suspension,
the school policy involved and any other pertinent matter. (Education Code 48914)
While
the parent/guardian is required to respond without delay to a request for a
conference about a student's behavior, no penalties may be imposed on the student for the failure of the parent/guardian
to attend such a conference. The student
may not be denied readmission
solely because the parent/guardian failed to attend. (Education Code 48911)
5. Extension
of Suspension: If the Board is considering
the expulsion of a suspended student from any school or the suspension of a student for the balance of the semester
from continuation school, the Superintendent or designee may, in writing,
extend the suspension until such time
as the Board has made a decision.
(Education Code 48911(g))
Any
extension of the original period of suspension shall be preceded by notice of
such extension with an offer to hold a conference concerning the extension, giving the student an opportunity
to be heard. This conference may be held
in conjunction with a meeting requested
by the student or parent/guardian to challenge the original suspension. Extension of the suspension may be made only
if the Superintendent or designee
determines, following a meeting in which the student and the student's
parent/guardian were invited to participate,
that the student's presence at the school or at an alternative school would
endanger persons or property or threaten to disrupt
the instructional process. (Education
Code 48911)
Notification to Law Enforcement Authorities
Prior to the suspension of any student, the principal
or designee shall notify appropriate city or county law enforcement authorities
of any student acts of assault which may have violated Penal Code 245. (Education Code 48902)
The director or designee also shall notify
appropriate city or county law enforcement authorities of any student acts
which may involve the possession or sale of narcotics or of a controlled
substance or possession of weapons of firearms in violation of Penal Code 626.9
and 626.10 (Education Code 48902)
Within one school day after a student’s suspension,
the principal or designee shall notify appropriate city or county law
enforcement authorities, by telephone or other appropriate means, of any student
acts which may violate Education Code 48900(c) or (d), relating
to the possession, use, offering or sale of controlled substances, alcohol or
intoxicants of any kind. (Education Code
48902)
Adopted:
Revised: