Discipline Rules
Effective December 1, 1987, and at least every four years thereafter, each public school shall adopt rules and procedures on school discipline applicable to that school. These rules and procedures shall be consistent with adopted board policies and adopted state statues governing school discipline. Representatives from the following groups are to be part of this procedure: Parents, teachers, school administrators, school security, if any, and students at the middle or senior high levels. Meetings are to be held during non-school hours. The final version shall be adopted by a committee comprised of the principal or designee and a representative of the teachers employed at the school. These rules must be filed with the Superintendent and Board of Education for their review. The Governing Board shall prescribe procedures to provide written notice to all pupils regardless of their enrollment date at school. It shall be the duty of each employee to enforce these rules and regulations. The parent/guardian of any student has the right to inspect the District’s discipline rules which are available at each school site and at the District Office during regular office hours. (Education Code 35291-35291.7)
Duties of Pupils
Every pupil shall attend school punctually and regularly; conform to the regulations of the school; obey promptly all the directions of his teacher and others in authority; be diligent in study and respectful to teachers and others in authority; be kind and courteous to schoolmates; and refrain from the use of profane and vulgar language. (C.C.R. Title 5, Sec. 300, Reg. 77, No. 39)
Duty Concerning Conduct of Pupils
Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. The provisions of this section are in addition to and do not supersede the provisions of Section 49000 of this code. (E.C. 44807)
Grounds for Suspension or Expulsion
California Education Code 48900: (Grades K-12)
a. (1) Caused, attempted to cause, or threatened to cause physical injury to another person; or (2) Willfully used force of violence upon the person of another, except in self-defense
b. 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 pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal
c. Unlawfully possessed, used, sold, or otherwise furnished or been under the influence of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind
d. Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant
e. Committed or attempted to commit robbery or extortion
f. Caused or attempted to cause damage to school property or private property
g. Stolen or attempted to steal school property or private property
h. Possessed or used tobacco, or any products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products
i. Committed an obscene act or engaged in habitual profanity or vulgarity
j. Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code
k. Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties
l. Knowingly received stolen school property or private property
m. Possessed an imitation firearm, including BB device
n. Committed or attempted to commit a sexual assault, or committed sexual battery as defined in the penal code
o. Harassed, threatened or intimidated a pupil who is a complaining witness or witness in a school disciplinary proceeding
p. Offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma
q. Engaged in or attempted to engage in hazing as defined in Section 32050
r. A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person
A superintendent or principal may use their discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this section. It is the intent of the Legislature that alternatives to suspensions or expulsion be imposed against any pupil who is truant, tardy, or otherwise absent from school activities.
California Education Code 48900.2 (Grades 4-12)
Committed sexual harassment – The conduct must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment.
California Education Code 48900.3 (Grades 4-12)
Cause, attempted to cause, threatened to cause, or participated in, an act of hate violence
California Education Code 48900.4 (Grades 4-12)
Engaged in harassment, threats or intimidation against district personnel or students – sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment.
California Education Code 48900.7
Has made terroristic threats against school officials or school property, or both
California Education Code 48915 - MANDATORY RECOMMENDATION FOR EXPULSION (Grades K-12)
(A)
1. Causing serious physical injury to another person, except in self-defense
2. Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil
3. Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for the possession of not more than once avoirdupois ounce of marijuana, other than concentrated cannabis
4. Robbery or extortion.
5. Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.
(C)
1. Possessing, selling, or otherwise furnishing a firearm
2. Brandishing a knife at another person
3. Unlawfully selling a controlled substance listed in Chapter 2
4. Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900
5. Possession of an explosive
Parents are required to notify a new district of the student’s expulsion status at the time of enrollment. (E.C. 48918). Districts are required to forward the past three years of discipline records resulting in suspension/expulsion with cumulative records to the new school of enrollment. (E.C. 48201)
Dangerous Objects
Imitation Firearem – A BB device can be considered an imitation firearm. The Penal Code makes it a criminal offense to openly display or expose any imitation firearm in a public place. (Penal Code 12550, 12556)
Laser Pointers - Possession of a laser pointer by any student on any elementary or secondary school premise is prohibited unless possession is for valid instruction or other school related purpose. It is further prohibited that a laser pointer be pointed into the eyes of another, into a moving vehicle, or into the eyes of a guide dog. (Penal Code 417.27)