48900-48927
EDUCATION CODE
SECTION 48900-48927
48900. A pupil shall not be suspended from school or recommended
for expulsion, unless the superintendent or the principal of the
school in which the pupil is enrolled determines that the pupil has
committed an act as defined pursuant to any of subdivisions (a) to
(r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another,
except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an 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, a 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 a
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 either sold, delivered,
or otherwise furnished to a 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 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) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell 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. As used in this section,
"imitation firearm" means 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.
(n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary proceeding
for the purpose of either preventing that pupil from being a witness
or retaliating against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of
this subdivision, "hazing" means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm
to a former, current, or prospective pupil. For purposes of this
subdivision, "hazing" does not include athletic events or
school-sanctioned events.
(r) Engaged in an act of bullying, including, but not limited to,
bullying committed by means of an electronic act, as defined in
subdivisions (f) and (g) of Section 32261, directed specifically
toward a pupil or school personnel.
(s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section, unless that act is related to school
activity or school attendance occurring within a school under the
jurisdiction of the superintendent of the school district or
principal or occurring within any other school district. A pupil may
be suspended or expelled for acts that are enumerated in this section
and related to school activity or attendance that occur at any time,
including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school sponsored
activity.
(t) 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 may be subject to suspension, but not expulsion,
pursuant to this section, except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline
pursuant to subdivision (a).
(u) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
(v) A superintendent of the school district or principal may use
his or her 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.
(w) It is the intent of the Legislature that alternatives to
suspension or expulsion be imposed against a pupil who is truant,
tardy, or otherwise absent from school activities.
48900.1. (a) The governing board of each school district may adopt
a policy authorizing teachers to require the parent or guardian of a
pupil who has been suspended by a teacher pursuant to Section 48910
for reasons specified in subdivision (i) or (k) of Section 48900, to
attend a portion of a schoolday in the classroom of his or her child
or ward. The policy shall take into account reasonable factors that
may prevent compliance with a notice to attend. The attendance of the
parent or guardian shall be limited to the class from which the
pupil was suspended.
(b) The policy shall be adopted pursuant to the procedures set
forth in Sections 35291 and 35291.5. Parents and guardians shall be
notified of this policy prior to its implementation. A teacher shall
apply any policy adopted pursuant to this section uniformly to all
pupils within the classroom.
The adopted policy shall include the procedures that the district
will follow to accomplish the following:
(1) Ensure that parents or guardians who attend school for the
purposes of this section meet with the school administrator or his or
her designee after completing the classroom visitation and before
leaving the schoolsite.
(2) Contact parents or guardians who do not respond to the request
to attend school pursuant to this section.
(c) If a teacher imposes the procedure pursuant to subdivision
(a), the principal shall send a written notice to the parent or
guardian stating that attendance by the parent or guardian is
pursuant to law. This section shall apply only to a parent or
guardian who is actually living with the pupil.
(d) A parent or guardian who has received a written notice
pursuant to subdivision (c) shall attend class as specified in the
written notice. The notice may specify that the attendance of the
parent or guardian be on the day the pupil is scheduled to return to
class, or within a reasonable period of time thereafter, as
established by the policy of the board adopted pursuant to
subdivision (a).
48900.2. In addition to the reasons specified in Section 48900, a
pupil may be suspended from school or recommended for expulsion if
the superintendent or the principal of the school in which the pupil
is enrolled determines that the pupil has committed sexual harassment
as defined in Section 212.5.
For the purposes of this chapter, the conduct described in Section
212.5 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. This section shall not apply to pupils enrolled in
kindergarten and grades 1 to 3, inclusive.
48900.3. In addition to the reasons set forth in Sections 48900 and
48900.2, a pupil in any of grades 4 to 12, inclusive, may be
suspended from school or recommended for expulsion if the
superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has caused, attempted to cause,
threatened to cause, or participated in an act of, hate violence, as
defined in subdivision (e) of Section 233.
48900.4. In addition to the grounds specified in Sections 48900 and
48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may
be suspended from school or recommended for expulsion if the
superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has intentionally engaged in
harassment, threats, or intimidation, directed against school
district personnel or pupils, 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 either school personnel or pupils by creating
an intimidating or hostile educational environment.
48900.5. Suspension shall be imposed only when other means of
correction fail to bring about proper conduct. However, a pupil,
including an individual with exceptional needs, as defined in Section
56026, may be suspended for any of the reasons enumerated in Section
48900 upon a first offense, if the principal or superintendent of
schools determines that the pupil violated subdivision (a), (b), (c),
(d), or (e) of Section 48900 or that the pupil's presence causes a
danger to persons or property or threatens to disrupt the
instructional process.
48900.6. As part of or instead of disciplinary action prescribed by
this article, the principal of a school, the principal's designee,
the superintendent of schools, or the governing board may require a
pupil to perform community service on school grounds or, with written
permission of the parent or guardian of the pupil, off school
grounds, during the pupil's nonschool hours. For the purposes of this
section, "community service" may include, but is not limited to,
work performed in the community or on school grounds in the areas of
outdoor beautification, community or campus betterment, and teacher,
peer, or youth assistance programs. This section does not apply if a
pupil has been suspended, pending expulsion, pursuant to Section
48915. However, this section applies if the recommended expulsion is
not implemented or is, itself, suspended by stipulation or other
administrative action.
48900.7. (a) In addition to the reasons specified in Sections
48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from
school or recommended for expulsion if the superintendent or the
principal of the school in which the pupil is enrolled determines
that the pupil has made terroristic threats against school officials
or school property, or both.
(b) For the purposes of this section, "terroristic threat" shall
include any statement, whether written or oral, by a person who
willfully threatens to commit a crime which will result in death,
great bodily injury to another person, or property damage in excess
of one thousand dollars ($1,000), with the specific intent that the
statement is to be taken as a threat, even if there is no intent of
actually carrying it out, which, on its face and under the
circumstances in which it is made, is so unequivocal, unconditional,
immediate, and specific as to convey to the person threatened, a
gravity of purpose and an immediate prospect of execution of the
threat, and thereby causes that person reasonably to be in sustained
fear for his or her own safety or for his or her immediate family's
safety, or for the protection of school district property, or the
personal property of the person threatened or his or her immediate
family.
48900.8. For purposes of notification to parents, and for the
reporting of expulsion or suspension offenses to the department, each
school district shall specifically identify, by offense committed,
in all appropriate official records of a pupil each suspension or
expulsion of that pupil for the commission of any of the offenses set
forth in Section 48900, 48900.2, 48900.3, 48900.4, 48900.7, or
48915.
48901. (a) No school shall permit the smoking or use of tobacco,
or any product containing tobacco or nicotine products, by pupils of
the school while the pupils are on campus, or while attending
school-sponsored activities or while under the supervision and
control of school district employees.
(b) The governing board of any school district maintaining a high
school shall take all steps it deems practical to discourage high
school students from smoking.
48901.5. (a) The governing board of each school district, or its
designee, may regulate the possession or use of any electronic
signaling device that operates through the transmission or receipt of
radio waves, including, but not limited to, paging and signaling
equipment, by pupils of the school district while the pupils are on
campus, while attending school-sponsored activities, or while under
the supervision and control of school district employees.
(b) No pupil shall be prohibited from possessing or using an
electronic signaling device that is determined by a licensed
physician and surgeon to be essential for the health of the pupil and
use of which is limited to purposes related to the health of the
pupil.
48902. (a) The principal of a school or the principal's designee
shall, prior to the suspension or expulsion of any pupil, notify the
appropriate law enforcement authorities of the county or city in
which the school is situated, of any acts of the pupil that may
violate Section 245 of the Penal Code.
(b) The principal of a school or the principal's designee shall,
within one schoolday after suspension or expulsion of any pupil,
notify, by telephone or any other appropriate method chosen by the
school, the appropriate law enforcement authorities of the county or
the school district in which the school is situated of any acts of
the pupils that may violate subdivision (c) or (d) of Section 48900.
(c) Notwithstanding subdivision (b), the principal of a school or
the principal's designee shall notify the appropriate law enforcement
authorities of the county or city in which the school is located of
any acts of a pupil that may involve the possession or sale of
narcotics or of a controlled substance or a violation of Section
626.9 or 626.10 of the Penal Code. The principal of a school or the
principal's designee shall report any act specified in paragraph (1)
or (5) of subdivision (c) of Section 48915 committed by a pupil or
nonpupil on a schoolsite to the city police or county sheriff with
jurisdiction over the school and the school security department or
the school police department, as applicable.
(d) A principal, the principal's designee, or any other person
reporting a known or suspected act described in subdivision (a) or
(b) is not civilly or criminally liable as a result of making any
report authorized by this article unless it can be proven that a
false report was made and that the person knew the report was false
or the report was made with reckless disregard for the truth or
falsity of the report.
(e) The willful failure to make any report required by this
section is an infraction punishable by a fine to be paid by the
principal or principal's designee who is responsible for the failure
of not more than five hundred dollars ($500).
(f) The principal of a school or the principal's designee
reporting a criminal act committed by a schoolage individual with
exceptional needs, as defined in Section 56026, shall ensure that
copies of the special education and disciplinary records of the pupil
are transmitted, as described in paragraph (9) of subsection (k) of
Section 1415 of Title 20 of the United States Code, for consideration
by the appropriate authorities to whom he or she reports the
criminal act. Any copies of the pupil's special education and
disciplinary records may be transmitted only to the extent
permissible under the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
48903. (a) Except as provided in subdivision (g) of Section 48911
and in Section 48912, the total number of days for which a pupil may
be suspended from school shall not exceed 20 schooldays in any school
year, unless for purposes of adjustment, a pupil enrolls in or is
transferred to another regular school, an opportunity school or
class, or a continuation education school or class, in which case the
total number of schooldays for which the pupil may be suspended
shall not exceed 30 days in any school year.
(b) For the purposes of this section, a school district may count
suspensions that occur while a pupil is enrolled in another school
district toward the maximum number of days for which a pupil may be
suspended in any school year.
48904. (a) (1) Notwithstanding Section 1714.1 of the Civil Code,
the parent or guardian of any minor whose willful misconduct results
in injury or death to any pupil or any person employed by, or
performing volunteer services for, a school district or private
school or who willfully cuts, defaces, or otherwise injures in any
way any property, real or personal, belonging to a school district or
private school, or personal property of any school employee, shall
be liable for all damages so caused by the minor. The liability of
the parent or guardian shall not exceed ten thousand dollars
($10,000). The parent or guardian shall also be liable for the amount
of any reward not exceeding ten thousand dollars ($10,000) paid
pursuant to Section 53069.5 of the Government Code. The parent or
guardian of a minor shall be liable to a school district or private
school for all property belonging to the school district or private
school loaned to the minor and not returned upon demand of an
employee of the district or private school authorized to make the
demand.
(2) The Superintendent of Public Instruction shall compute an
adjustment of the liability limits prescribed by this subdivision at
a rate equivalent to the percentage change in the Implicit Price
Deflator for State and Local Government Purchases of Goods and
Services for the United States, as published by the United States
Department of Commerce for the 12-month period ending in the third
quarter of the prior fiscal year.
(b) (1) Any school district or private school whose real or
personal property has been willfully cut, defaced, or otherwise
injured, or whose property is loaned to a pupil and willfully not
returned upon demand of an employee of the district or private school
authorized to make the demand may, after affording the pupil his or
her due process rights, withhold the grades, diploma, and transcripts
of the pupil responsible for the damage until the pupil or the pupil'
s parent or guardian has paid for the damages thereto, as provided in
subdivision (a).
(2) The school district or private school shall notify the parent
or guardian of the pupil in writing of the pupil's alleged misconduct
before withholding the pupil's grades, diploma, or transcripts
pursuant to this subdivision. When the minor and parent are unable to
pay for the damages, or to return the property, the school district
or private school shall provide a program of voluntary work for the
minor in lieu of the payment of monetary damages. Upon completion of
the voluntary work, the grades, diploma, and transcripts of the pupil
shall be released.
(3) The governing board of each school district or governing body
of each private school shall establish rules and regulations
governing procedures for the implementation of this subdivision. The
procedures shall conform to, but are not necessarily limited to,
those procedures established in this code for the expulsion of
pupils.
48904.3. (a) Upon receiving notice that a school district has
withheld the grades, diploma, or transcripts of any pupil pursuant to
Section 48904, any school district to which the pupil has
transferred shall likewise withhold the grades, diploma, or
transcripts of the pupil as authorized by that section, until the
time that it receives notice, from the district that initiated the
decision to withhold, that the decision has been rescinded under the
terms of that section.
(b) Any school district that has decided to withhold a pupil's
grades, diploma, or transcripts pursuant to Section 48904 shall, upon
receiving notice that the pupil has transferred to any school
district in this state, notify the parent or guardian of the pupil in
writing that the decision to withhold will be enforced as specified
in subdivision (a).
(c) For purposes of this section and Section 48904, "school
district" is defined to include any county superintendent of schools.
(d) This section and Section 48904 shall also apply to the state
special schools, as described in subdivision (a) of Section 48927.
48905. An employee of a school district whose person or property is
injured or damaged by the willful misconduct of a pupil who attends
school in such district, when the employee or the employee's property
is (1) located on property owned by the district, (2) being
transported to or from an activity sponsored by the district or a
school within the district, (3) present at an activity sponsored by
such district or school, or (4) otherwise injured or damaged in
retaliation for acts lawfully undertaken by the employee in execution
of the employee's duties, may request the school district to pursue
legal action against the pupil who caused the injury or damage, or
the pupil's parent or guardian pursuant to Section 48904.
48906. When a principal or other school official releases a minor
pupil to a peace officer for the purpose of removing the minor from
the school premises, the school official shall take immediate steps
to notify the parent, guardian, or responsible relative of the minor
regarding the release of the minor to the officer, and regarding the
place to which the minor is reportedly being taken, except when a
minor has been taken into custody as a victim of suspected child
abuse, as defined in Section 11165.6 of the Penal Code, or pursuant
to Section 305 of the Welfare and Institutions Code. In those cases,
the school official shall provide the peace officer with the address
and telephone number of the minor's parent or guardian. The peace
officer shall take immediate steps to notify the parent, guardian, or
responsible relative of the minor that the minor is in custody and
the place where he or she is being held. If the officer has a
reasonable belief that the minor would be endangered by a disclosure
of the place where the minor is being held, or that the disclosure
would cause the custody of the minor to be disturbed, the officer may
refuse to disclose the place where the minor is being held for a
period not to exceed 24 hours. The officer shall, however, inform the
parent, guardian, or responsible relative whether the child requires
and is receiving medical or other treatment. The juvenile court
shall review any decision not to disclose the place where the minor
is being held at a subsequent detention hearing.
48907. (a) Pupils of the public schools, including charter schools,
shall have the right to exercise freedom of speech and of the press
including, but not limited to, the use of bulletin boards, the
distribution of printed materials or petitions, the wearing of
buttons, badges, and other insignia, and the right of expression in
official publications, whether or not the publications or other means
of expression are supported financially by the school or by use of
school facilities, except that expression shall be prohibited which
is obscene, libelous, or slanderous. Also prohibited shall be
material that so incites pupils as to create a clear and present
danger of the commission of unlawful acts on school premises or the
violation of lawful school regulations, or the substantial disruption
of the orderly operation of the school.
(b) The governing board or body of each school district or charter
school and each county board of education shall adopt rules and
regulations in the form of a written publications code, which shall
include reasonable provisions for the time, place, and manner of
conducting such activities within its respective jurisdiction.
(c) Pupil editors of official school publications shall be
responsible for assigning and editing the news, editorial, and
feature content of their publications subject to the limitations of
this section. However, it shall be the responsibility of a journalism
adviser or advisers of pupil publications within each school to
supervise the production of the pupil staff, to maintain professional
standards of English and journalism, and to maintain the provisions
of this section.
(d) There shall be no prior restraint of material prepared for
official school publications except insofar as it violates this
section. School officials shall have the burden of showing
justification without undue delay prior to a limitation of pupil
expression under this section.
(e) "Official school publications" refers to material produced by
pupils in the journalism, newspaper, yearbook, or writing classes and
distributed to the student body either free or for a fee.
(f) This section does not prohibit or prevent the governing board
or body of a school district or charter school from adopting
otherwise valid rules and regulations relating to oral communication
by pupils upon the premises of each school.
(g) An employee shall not be dismissed, suspended, disciplined,
reassigned, transferred, or otherwise retaliated against solely for
acting to protect a pupil engaged in the conduct authorized under
this section, or refusing to infringe upon conduct that is protected
by this section, the First Amendment to the United States
Constitution, or Section 2 of Article I of the California
Constitution.
48908. All pupils shall comply with the regulations, pursue the
required course of study, and submit to the authority of the teachers
of the schools.
48909. When a petition is requested in juvenile court or a
complaint is filed in any court alleging that a minor of compulsory
school attendance age or any pupil currently enrolled in a public
school in a grade to and including grade 12 is a person who (a) has
used, sold, or possessed narcotics or other hallucinogenic drugs or
substances; (b) has inhaled or breathed the fumes of, or ingested any
poison classified as such in Section 4160 of the Business and
Professions Code; or (c) has committed felonious assault, homicide,
or rape the district attorney may, within 48 hours, provide written
notice to the superintendent of the school district of attendance,
notwithstanding the provisions of Section 827 of the Welfare and
Institutions Code, and to the pupil's parent or guardian.
48910. (a) A teacher may suspend any pupil from class, for any of
the acts enumerated in Section 48900, for the day of the suspension
and the day following. The teacher shall immediately report the
suspension to the principal of the school and send the pupil to the
principal or the designee of the principal for appropriate action. If
that action requires the continued presence of the pupil at the
schoolsite, the pupil shall be under appropriate supervision, as
defined in policies and related regulations adopted by the governing
board of the school district. As soon as possible, the teacher shall
ask the parent or guardian of the pupil to attend a parent-teacher
conference regarding the suspension. If practicable, a school
counselor or a school psychologist may attend the conference. A
school administrator shall attend the conference if the teacher or
the parent or guardian so requests. The pupil shall not be returned
to the class from which he or she was suspended, during the period of
the suspension, without the concurrence of the teacher of the class
and the principal.
(b) A pupil suspended from a class shall not be placed in another
regular class during the period of suspension. However, if the pupil
is assigned to more than one class per day this subdivision shall
apply only to other regular classes scheduled at the same time as the
class from which the pupil was suspended.
(c) A teacher may also refer a pupil, for any of the acts
enumerated in Section 48900, to the principal or the designee of the
principal for consideration of a suspension from the school.
48911. (a) The principal of the school, the principal's designee,
or the superintendent of schools may suspend a pupil from the school
for any of the reasons enumerated in Section 48900, and pursuant to
Section 48900.5, for no more than five consecutive schooldays.
(b) Suspension by the principal, the principal's designee, or the
superintendent of schools shall be preceded by an informal conference
conducted by the principal or the principal's designee or the
superintendent of schools between the pupil and, whenever
practicable, the teacher, supervisor, or school employee who referred
the pupil to the principal, the principal's designee, or the
superintendent of schools. At the conference, the pupil shall be
informed of the reason for the disciplinary action and the evidence
against him or her and shall be given the opportunity to present his
or her version and evidence in his or her defense.
(c) A principal, the principal's designee, or the superintendent
of schools may suspend a pupil without affording the pupil an
opportunity for a conference only if the principal, the principal's
designee, or the superintendent of schools determines that an
emergency situation exists. "Emergency situation," as used in this
article, means a situation determined by the principal, the principal'
s designee, or the superintendent of schools to constitute a clear
and present danger to the life, safety, or health of pupils or school
personnel. If a pupil is suspended without a conference prior to
suspension, both the parent and the pupil shall be notified of the
pupil's right to a conference and the pupil's right to return to
school for the purpose of a conference. The conference shall be held
within two schooldays, unless the pupil waives this right or is
physically unable to attend for any reason, including, but not
limited to, incarceration or hospitalization. The conference shall
then be held as soon as the pupil is physically able to return to
school for the conference.
(d) At the time of suspension, a school employee shall make a
reasonable effort to contact the pupil's parent or guardian in person
or by telephone. Whenever a pupil is suspended from school, the
parent or guardian shall be notified in writing of the suspension.
(e) A school employee shall report the suspension of the pupil,
including the cause therefor, to the governing board of the school
district or to the school district superintendent in accordance with
the regulations of the governing board.
(f) The parent or guardian of any pupil shall respond without
delay to any request from school officials to attend a conference
regarding his or her child's behavior.
No penalties may be imposed on a pupil for failure of the pupil's
parent or guardian to attend a conference with school officials.
Reinstatement of the suspended pupil shall not be contingent upon
attendance by the pupil's parent or guardian at the conference.
(g) In a case where expulsion from any school or suspension for
the balance of the semester from continuation school is being
processed by the governing board, the school district superintendent
or other person designated by the superintendent in writing may
extend the suspension until the governing board has rendered a
decision in the action. However, an extension may be granted only if
the school district superintendent or the superintendent's designee
has determined, following a meeting in which the pupil and the pupil'
s parent or guardian are invited to participate, that the presence of
the pupil at the school or in an alternative school placement would
cause a danger to persons or property or a threat of disrupting the
instructional process. If the pupil or the pupil's parent or guardian
has requested a meeting to challenge the original suspension
pursuant to Section 48914, the purpose of the meeting shall be to
decide upon the extension of the suspension order under this section
and may be held in conjunction with the initial meeting on the merits
of the suspension.
(h) For the purposes of this section, a "principal's designee" is
any one or more administrators at the schoolsite specifically
designated by the principal, in writing, to assist with disciplinary
procedures.
In the event that there is not an administrator in addition to the
principal at the schoolsite, a certificated person at the schoolsite
may be specifically designated by the principal, in writing, as a
"principal's designee," to assist with disciplinary procedures. The
principal may designate only one person at a time as the principal's
primary designee for the school year.
An additional person meeting the requirements of this subdivision
may be designated by the principal, in writing, to act for the
purposes of this article when both the principal and the principal's
primary designee are absent from the schoolsite. The name of the
person, and the names of any person or persons designated as
"principal's designee," shall be on file in the principal's office.
This section is not an exception to, nor does it place any
limitation on, Section 48903.
48911.1. (a) A pupil suspended from a school for any of the reasons
enumerated in Sections 48900 and 48900.2 may be assigned, by the
principal or the principal's designee, to a supervised suspension
classroom for the entire period of suspension if the pupil poses no
imminent danger or threat to the campus, pupils, or staff, or if an
action to expel the pupil has not been initiated.
(b) Pupils assigned to a supervised suspension classroom shall be
separated from other pupils at the schoolsite for the period of
suspension in a separate classroom, building, or site for pupils
under suspension.
(c) School districts may continue to claim apportionments for each
pupil assigned to and attending a supervised suspension classroom
provided as follows:
(1) The supervised suspension classroom is staffed as otherwise
provided by law.
(2) Each pupil has access to appropriate counseling services.
(3) The supervised suspension classroom promotes completion of
schoolwork and tests missed by the pupil during the suspension.
(4) Each pupil is responsible for contacting his or her teacher or
teachers to receive assignments to be completed while the pupil is
assigned to the supervised suspension classroom. The teacher shall
provide all assignments and tests that the pupil will miss while
suspended. If no classroom work is assigned, the person supervising
the suspension classroom shall assign schoolwork.
(d) At the time a pupil is assigned to a supervised suspension
classroom, a school employee shall notify, in person or by telephone,
the pupil's parent or guardian. Whenever a pupil is assigned to a
supervised suspension classroom for longer than one class period, a
school employee shall notify, in writing, the pupil's parent or
guardian.
(e) This section does not place any limitation on a school
district's ability to transfer a pupil to an opportunity school or
class or a continuation education school or class.
(f) Apportionments claimed by a school district for pupils
assigned to supervised suspension shall be used specifically to
mitigate the cost of implementing this section.
48911.2. (a) If the number of pupils suspended from school during
the prior school year exceeded 30 percent of the school's enrollment,
the school should consider doing at least one of the following:
(1) Implement the supervised suspension program described in
Section 48911.1.
(2) Implement an alternative to the school's off-campus suspension
program, which involves a progressive discipline approach that
occurs during the schoolday on campus, using any of the following
activities:
(A) Conferences between the school staff, parents, and pupils.
(B) Referral to the school counselor, psychologist, child welfare
attendance personnel, or other school support service staff.
(C) Detention.
(D) Study teams, guidance teams, resource panel teams, or other
assessment-related teams.
(b) At the end of the academic year, the school may report to the
district superintendent in charge of school support services, or
other comparable administrator if that position does not exist, on
the rate of reduction in the school's off-campus suspensions and the
plan or activities used to comply with subdivision (a).
(c) It is the intent of the Legislature to encourage schools that
choose to implement this section to examine alternatives to
off-campus suspensions that lead to resolution of pupil misconduct
without sending pupils off campus. Schools that use this section
should not be precluded from suspending pupils to an off-campus site.
48911.5. The site principal of a contracting nonpublic,
nonsectarian school providing services to individuals with
exceptional needs under Sections 56365 and 56366, shall have the same
duties and responsibilities with respect to the suspension of pupils
with previously identified exceptional needs prescribed for the
suspension of pupils under Section 48911.
48912. (a) The governing board may suspend a pupil from school for
any of the acts enumerated in Section 48900 for any number of
schooldays within the limits prescribed by Section 48903.
(b) Notwithstanding the provisions of Section 35145 of this code
and Section 54950 of the Government Code, the governing board of a
school district shall, unless a request has been made to the
contrary, hold closed sessions if the board is considering the
suspension of, disciplinary action against, or any other action
against, except expulsion, any pupil, if a public hearing upon that
question would lead to the giving out of information concerning a
school pupil which would be in violation of Article 5 (commencing
with Section 49073) of Chapter 6.5.
(c) Before calling a closed session to consider these matters, the
governing board shall, in writing, by registered or certified mail
or by personal service, notify the pupil and the pupil's parent or
guardian, or the pupil if the pupil is an adult, of the intent of the
governing board to call and hold a closed session. Unless the pupil
or the pupil's parent or guardian shall, in writing, within 48 hours
after receipt of the written notice of the board's intention, request
that the hearing be held as a public meeting, the hearing to
consider these matters shall be conducted by the governing board in
closed session. In the event that a written request is served upon
the clerk or secretary of the governing board, the meeting shall be
public, except that any discussion at that meeting which may be in
conflict with the right to privacy of any pupil other than the pupil
requesting the public meeting, shall be in closed session.
48912.5. The governing board of a school district may suspend a
pupil enrolled in a continuation school or class for a period not
longer than the remainder of the semester if any of the acts
enumerated in Section 48900 occurred. The suspension shall meet the
requirements of Section 48915.
48913. The teacher of any class from which a pupil is suspended may
require the suspended pupil to complete any assignments and tests
missed during the suspension.
48914. Each school district is authorized to establish a policy
that permits school officials to conduct a meeting with the parent or
guardian of a suspended pupil to discuss the causes, the duration,
the school policy involved, and other matters pertinent to the
suspension.
48915. (a) Except as provided in subdivisions (c) and (e), the
principal or the superintendent of schools shall recommend the
expulsion of a pupil for any of the following acts committed at
school or at a school activity off school grounds, unless the
principal or superintendent finds that expulsion is inappropriate,
due to the particular circumstance:
(1) Causing serious physical injury to another person, except in
self-defense.
(2) Possession of any knife 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 one 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.
(b) Upon recommendation by the principal, superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board may
order a pupil expelled upon finding that the pupil committed an act
listed in subdivision (a) or in subdivision (a), (b), (c), (d), or
(e) of Section 48900. A decision to expel shall be based on a finding
of one or both of the following:
(1) Other means of correction are not feasible or have repeatedly
failed to bring about proper conduct.
(2) Due to the nature of the act, the presence of the pupil causes
a continuing danger to the physical safety of the pupil or others.
(c) The principal or superintendent of schools shall immediately
suspend, pursuant to Section 48911, and shall recommend expulsion of
a pupil that he or she determines has committed any of the following
acts at school or at a school activity off school grounds:
(1) Possessing, selling, or otherwise furnishing a firearm. This
subdivision does not apply to an act of possessing a firearm if the
pupil had obtained prior written permission to possess the firearm
from a certificated school employee, which is concurred in by the
principal or the designee of the principal. This subdivision applies
to an act of possessing a firearm only if the possession is verified
by an employee of a school district.
(2) Brandishing a knife at another person.
(3) Unlawfully selling a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.
(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.
(d) The governing board shall order a pupil expelled upon finding
that the pupil committed an act listed in subdivision (c), and shall
refer that pupil to a program of study that meets all of the
following conditions:
(1) Is appropriately prepared to accommodate pupils who exhibit
discipline problems.
(2) Is not provided at a comprehensive middle, junior, or senior
high school, or at any elementary school.
(3) Is not housed at the schoolsite attended by the pupil at the
time of suspension.
(e) Upon recommendation by the principal, superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board may
order a pupil expelled upon finding that the pupil, at school or at
a school activity off of school grounds violated subdivision (f),
(g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section
48900.2, 48900.3, or 48900.4, and either of the following:
(1) That other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
(2) That due to the nature of the violation, the presence of the
pupil causes a continuing danger to the physical safety of the pupil
or others.
(f) The governing board shall refer a pupil who has been expelled
pursuant to subdivision (b) or (e) to a program of study which meets
all of the conditions specified in subdivision (d). Notwithstanding
this subdivision, with respect to a pupil expelled pursuant to
subdivision (e), if the county superintendent of schools certifies
that an alternative program of study is not available at a site away
from a comprehensive middle, junior, or senior high school, or an
elementary school, and that the only option for placement is at
another comprehensive middle, junior, or senior high school, or
another elementary school, the pupil may be referred to a program of
study that is provided at a comprehensive middle, junior, or senior
high school, or at an elementary school.
(g) As used in this section, "knife" means any dirk, dagger, or
other weapon with a fixed, sharpened blade fitted primarily for
stabbing, a weapon with a blade fitted primarily for stabbing, a
weapon with a blade longer than 3 1/2 inches, a folding knife with a
blade that locks into place, or a razor with an unguarded blade.
(h) As used in this section, the term "explosive" means
"destructive device" as described in Section 921 of Title 18 of the
United States Code.
48915.01. If the governing board of a school district has
established a community day school pursuant to Section 48661 on the
same site as a comprehensive middle, junior, or senior high school,
or at any elementary school, the governing board does not have to
meet the condition in paragraph (2) of subdivision (d) of Section
48915 when the board, pursuant to subdivision (f) of Section 48915,
refers a pupil to a program of study and that program of study is at
the community day school. All the other conditions of subdivision (d)
of Section 48915 are applicable to the referral as required by
subdivision (f) of Section 48915.
48915.1. (a) If the governing board of a school district receives a
request from an individual who has been expelled from another school
district for an act other than those described in subdivision (a) or
(c) of Section 48915, for enrollment in a school maintained by the
school district, the board shall hold a hearing to determine whether
that individual poses a continuing danger either to the pupils or
employees of the school district. The hearing and notice shall be
conducted in accordance with the rules and regulations governing
procedures for the expulsion of pupils as described in Section 48918.
A school district may request information from another school
district regarding a recommendation for expulsion or the expulsion of
an applicant for enrollment. The school district receiving the
request shall respond to the request with all deliberate speed but
shall respond no later than five working days from the date of the
receipt of the request.
(b) If a pupil has been expelled from his or her previous school
for an act other than those listed in subdivision (a) or (c) of
Section 48915, the parent, guardian, or pupil, if the pupil is
emancipated or otherwise legally of age, shall, upon enrollment,
inform the receiving school district of his or her status with the
previous school district. If this information is not provided to the
school district and the school district later determines the pupil
was expelled from the previous school, the lack of compliance shall
be recorded and discussed in the hearing required pursuant to
subdivision (a).
(c) The governing board of a school district may make a
determination to deny enrollment to an individual who has been
expelled from another school district for an act other than those
described in subdivision (a) or (c) of Section 48915, for the
remainder of the expulsion period after a determination has been
made, pursuant to a hearing, that the individual poses a potential
danger to either the pupils or employees of the school district.
(d) The governing board of a school district, when making its
determination whether to enroll an individual who has been expelled
from another school district for these acts, may consider the
following options:
(1) Deny enrollment.
(2) Permit enrollment.
(3) Permit conditional enrollment in a regular school program or
another educational program.
(e) Notwithstanding any other provision of law, the governing
board of a school district, after a determination has been made,
pursuant to a hearing, that an individual expelled from another
school district for an act other than those described in subdivision
(a) or (c) of Section 48915 does not pose a danger to either the
pupils or employees of the school district, shall permit the
individual to enroll in a school in the school district during the
term of the expulsion, provided that he or she, subsequent to the
expulsion, either has established legal residence in the school
district, pursuant to Section 48200, or has enrolled in the school
pursuant to an interdistrict agreement executed between the affected
school districts pursuant to Chapter 5 (commencing with Section
46600).
48915.2. (a) A pupil expelled from school for any of the offenses
listed in subdivision (a) or (c) of Section 48915, shall not be
permitted to enroll in any other school or school district during the
period of expulsion unless it is a county community school pursuant
to subdivision (c) of Section 1981, or a juvenile court school, as
described in Section 48645.1, or a community day school pursuant to
Article 3 (commencing with Section 48660) of Chapter 4 of Part 27.
(b) After a determination has been made, pursuant to a hearing
under Section 48918, that an individual expelled from another school
district for any act described in subdivision (a) or (c) of Section
48915 does not pose a danger to either the pupils or employees of the
school district, the governing board of a school district may permit
the individual to enroll in the school district after the term of
expulsion, subject to one of the following conditions:
(1) He or she has established legal residence in the school
district, pursuant to Section 48200.
(2) He or she is enrolled in the school pursuant to an
interdistrict agreement executed between the affected school
districts pursuant to Chapter 5 (commencing with Section 46600) of
Part 26.
48915.5. (a) An individual with exceptional needs, as defined in
Section 56026, may be suspended or expelled from school in accordance
with Section 1415(k) of Title 20 of the United States Code, the
discipline provisions contained in Sections 300.530 to 300.537,
inclusive, of Title 34 of the Code of Federal Regulations, and other
provisions of this part that do not conflict with federal law and
regulations.
(b) A free appropriate public education for individuals with
exceptional needs suspended or expelled from school shall be in
accordance with Section 1412(a)(1) of Title 20 of the United States
Code and Section 300.530(d) of Title 34 of the Code of Federal
Regulations.
(c) If an individual with exceptional needs is excluded from
schoolbus transportation, the pupil is entitled to be provided with
an alternative form of transportation at no cost to the pupil or
parent or guardian provided that transportation is specified in the
pupil's individualized education program.
48915.7. It is the intent of the Legislature that where community
school opportunities exist, the principal shall recommend for
expulsion, and the governing board shall expel, any pupil who is
found to be in possession of a firearm at school or at a school
activity off school grounds and that the governing board shall
request the county board of education to enroll the pupil in a
community school.
48916. (a) An expulsion order shall remain in effect until the
governing board, in the manner prescribed in this article, orders the
readmission of a pupil. At the time an expulsion of a pupil is
ordered for an act other than those described in subdivision (c) of
Section 48915, the governing board shall set a date, not later than
the last day of the semester following the semester in which the
expulsion occurred, when the pupil shall be reviewed for readmission
to a school maintained by the district or to the school the pupil
last attended. If an expulsion is ordered during summer session or
the intersession period of a year-round program the governing board
shall set a date, not later than the last day of the semester
following the summer session or intersession period in which the
expulsion occurred, when the pupil shall be reviewed for readmission
to a school maintained by the district or to the school the pupil
last attended. For a pupil who has been expelled pursuant to
subdivision (c) of Section 48915, the governing board shall set a
date of one year from the date the expulsion occurred, when the pupil
shall be reviewed for readmission to a school maintained by the
district, except that the governing board may set an earlier date for
readmission on a case-by-case basis.
(b) The governing board shall recommend a plan of rehabilitation
for the pupil at the time of the expulsion order, which may include,
but not be limited to, periodic review as well as assessment at the
time of review for readmission. The plan may also include
recommendations for improved academic performance, tutoring, special
education assessments, job training, counseling, employment,
community service, or other rehabilitative programs.
(c) The governing board of each school district shall adopt rules
and regulations establishing a procedure for the filing and
processing of requests for readmission and the process for the
required review of all expelled pupils for readmission. Upon
completion of the readmission process, the governing board shall
readmit the pupil, unless the governing board makes a finding that
the pupil has not met the conditions of the rehabilitation plan or
continues to pose a danger to campus safety or to other pupils or
employees of the school district. A description of the procedure
shall be made available to the pupil and the pupil's parent or
guardian at the time the expulsion order is entered.
(d) If the governing board denies the readmission of an expelled
pupil pursuant to subdivision (c), the governing board shall make a
determination either to continue the placement of the pupil in the
alternative educational program initially selected for the pupil
during the period of the expulsion order or to place the pupil in
another program that may include, but need not be limited to, serving
expelled pupils, including placement in a county community school.
(e) The governing board shall provide written notice to the
expelled pupil and the pupil's parent or guardian describing the
reasons for denying the pupil readmittance into the regular school
district program. The written notice shall also include the
determination of the educational program for the expelled pupil
pursuant to subdivision (d). The expelled pupil shall enroll in that
educational program unless the parent or guardian of the pupil elects
to enroll the pupil in another school district.
48916.1. (a) At the time an expulsion of a pupil is ordered, the
governing board of the school district shall ensure that an
educational program is provided to the pupil who is subject to the
expulsion order for the period of the expulsion. Except for pupils
expelled pursuant to subdivision (d) of Section 48915, the governing
board of a school district is required to implement the provisions of
this section only to the extent funds are appropriated for this
purpose in the annual Budget Act or other legislation, or both.
(b) Notwithstanding any other provision of law, any educational
program provided pursuant to subdivision (a) may be operated by the
school district, the county superintendent of schools, or a
consortium of districts or in joint agreement with the county
superintendent of schools.
(c) Any educational program provided pursuant to subdivision (b)
may not be situated within or on the grounds of the school from which
the pupil was expelled.
(d) If the pupil who is subject to the expulsion order was
expelled from any of kindergarten or grades 1 to 6, inclusive, the
educational program provided pursuant to subdivision (b) may not be
combined or merged with educational programs offered to pupils in any
of grades 7 to 12, inclusive. The district or county program is the
only program required to be provided to expelled pupils as determined
by the governing board of the school district. This subdivision, as
it relates to the separation of pupils by grade levels, does not
apply to community day schools offering instruction in any of
kindergarten and grades 1 to 8, inclusive, and established in
accordance with Section 48660.
(e) (1) Each school district shall maintain the following data:
(A) The number of pupils recommended for expulsion.
(B) The grounds for each recommended expulsion.
(C) Whether the pupil was subsequently expelled.
(D) Whether the expulsion order was suspended.
(E) The type of referral made after the expulsion.
(F) The disposition of the pupil after the end of the period of
expulsion.
(2) The Superintendent may require a school district to report
this data as part of the coordinated compliance review. If a school
district does not report outcome data as required by this
subdivision, the Superintendent may not apportion any further money
to the school district pursuant to Section 48664 until the school
district is in compliance with this subdivision. Before withholding
the apportionment of funds to a school district pursuant to this
subdivision, the Superintendent shall give written notice to the
governing board of the school district that the school district has
failed to report the data required by paragraph (1) and that the
school district has 30 calendar days from the date of the written
notice of noncompliance to report the requested data and thereby
avoid the withholding of the apportionment of funds.
(f) If the county superintendent of schools is unable for any
reason to serve the expelled pupils of a school district within the
county, the governing board of that school district may enter into an
agreement with a county superintendent of schools in another county
to provide education services for the district's expelled pupils.
48916.5. The governing board may require a pupil who is expelled
from school for reasons relating to controlled substances, as defined
in Sections 11054 to 11058, inclusive, of the Health and Safety
Code, or alcohol, prior to returning to school to enroll in a
county-supported drug rehabilitation program. No pupil shall be
required to enroll in a rehabilitation program pursuant to this
section without the consent of his or her parent or guardian.
48917. (a) The governing board, upon voting to expel a pupil, may
suspend the enforcement of the expulsion order for a period of not
more than one calendar year and may, as a condition of the suspension
of enforcement, assign the pupil to a school, class, or program that
is deemed appropriate for the rehabilitation of the pupil. The
rehabilitation program to which the pupil is assigned may provide for
the involvement of the pupil's parent or guardian in his or her
child's education in ways that are specified in the rehabilitation
program. A parent or guardian's refusal to participate in the
rehabilitation program shall not be considered in the governing board'
s determination as to whether the pupil has satisfactorily completed
the rehabilitation program.
(b) The governing board shall apply the criteria for suspending
the enforcement of the expulsion order equally to all pupils,
including individuals with exceptional needs as defined in Section
56026.
(c) During the period of the suspension of the expulsion order,
the pupil is deemed to be on probationary status.
(d) The governing board may revoke the suspension of an expulsion
order under this section if the pupil commits any of the acts
enumerated in Section 48900 or violates any of the district's rules
and regulations governing pupil conduct. When the governing board
revokes the suspension of an expulsion order, a pupil may be expelled
under the terms of the original expulsion order.
(e) Upon satisfactory completion of the rehabilitation assignment
of a pupil, the governing board shall reinstate the pupil in a school
of the district and may also order the expungement of any or all
records of the expulsion proceedings.
(f) A decision of the governing board to suspend an expulsion
order does not affect the time period and requirements for the filing
of an appeal of the expulsion order with the county board of
education required under Section 48919. Any appeal shall be filed
within 30 days of the original vote of the governing board.
48918. The governing board of each school district shall establish
rules and regulations governing procedures for the expulsion of
pupils. These procedures shall include, but are not necessarily
limited to, all of the following:
(a) The pupil shall be entitled to a hearing to determine whether
the pupil should be expelled. An expulsion hearing shall be held
within 30 schooldays after the date the principal or the
superintendent of schools determines that the pupil has committed any
of the acts enumerated in Section 48900, unless the pupil requests,
in writing, that the hearing be postponed. The adopted rules and
regulations shall specify that the pupil is entitled to at least one
postponement of an expulsion hearing, for a period of not more than
30 calendar days. Any additional postponement may be granted at the
discretion of the governing board.
Within 10 schooldays after the conclusion of the hearing, the
governing board shall decide whether to expel the pupil, unless the
pupil requests in writing that the decision be postponed. If the
hearing is held by a hearing officer or an administrative panel, or
if the district governing board does not meet on a weekly basis, the
governing board shall decide whether to expel the pupil within 40
schooldays after the date of the pupil's removal from his or her
school of attendance for the incident for which the recommendation
for expulsion is made by the principal or the superintendent, unless
the pupil requests in writing that the decision be postponed.
If compliance by the governing board with the time requirements
for the conducting of an expulsion hearing under this subdivision is
impracticable during the regular school year, the superintendent of
schools or the superintendent's designee may, for good cause, extend
the time period for the holding of the expulsion hearing for an
additional five schooldays. If compliance by the governing board with
the time requirements for the conducting of an expulsion hearing
under this subdivision is impractical due to a summer recess of
governing board meetings of more than two weeks, the days during the
recess period shall not be counted as schooldays in meeting the time
requirements. The days not counted as schooldays in meeting the time
requirements for an expulsion hearing because of a summer recess of
governing board meetings shall not exceed 20 schooldays, as defined
in subdivision (c) of Section 48925, and unless the pupil requests in
writing that the expulsion hearing be postponed, the hearing shall
be held not later than 20 calendar days prior to the first day of
school for the school year. Reasons for the extension of the time for
the hearing shall be included as a part of the record at the time
the expulsion hearing is conducted. Upon the commencement of the
hearing, all matters shall be pursued and conducted with reasonable
diligence and shall be concluded without any unnecessary delay.
(b) Written notice of the hearing shall be forwarded to the pupil
at least 10 calendar days prior to the date of the hearing. The
notice shall include all of the following:
(1) The date and place of the hearing.
(2) A statement of the specific facts and charges upon which the
proposed expulsion is based.
(3) A copy of the disciplinary rules of the district that relate
to the alleged v