Section IV
DISTRICT & STATE
POLICIES
CALIFORNIA
REGARDING SUSPENSION/EXPULSION
Grounds for
Suspension and Expulsion Ed. Code 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:
(a) (1) Caused, or attempted to cause, or
threatened to cause physical injury to
another person or (2) Willfully
used force or 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 such object, 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, as defined in Section 11007 of the
Health and Safety
Code, alcoholic beverage or intoxicant of any kind.
(d) Unlawfully offered or arranged or
negotiated to sell any controlled substance,
as defined
in Section 11007 of the Health and Safety Code, an alcoholic
beverage,
or 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, clover
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. 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 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.
No
pupil shall be suspended or expelled for any of the acts enumerated unless such
act is related to school activity or school attendance. A pupil may be suspended or expelled for acts
which are enumerated in this section and related to school activity or attendance
which 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.
Grounds
for suspension and/or expulsion also include Education Code Sections 48915,
48900.2 and 48900.3.
Procedures
for Suspension:
Definition: Suspension means removal of a student from
on-going instruction for adjustment purposes.
Teacher
Suspension of a Student Ed.
Code 48910:
A
teacher may suspend, for any of the reasons contained in Section 48900, any
student from his/her class for the day of the suspension and the following
day.
1) When a teacher suspends a student for
any of the reasons contained in Section
48900, the teacher shall immediately
report the suspension to the principal /
designee [h1][h2]for appropriate action.
2) As soon as possible the teacher shall
ask the student's parent or guardian to
attend a
parent-teacher conference regarding the suspension. A counselor
should
attend the conference if it is practicable, and a school administrator may
attend if
either the parent/guardian or teacher so requests.
3) A suspended student shall not be returned
to class during the period of
suspension
without the approval of the teacher of the class and the principal /
assistant
principal.
Superintendent
or Principal Suspension of a Student Ed.
Code 48911:
The
principal, superintendent, or designee [h3]may suspend and/or place a
student on probation for any of the reasons contained in Education Code Section
48900. The suspension shall be limited
to five (5) consecutive school days.
1) Suspension shall be preceded by an
informal conference between the student,
a
certificated school employee, and whenever practicable, the teacher or
supervisor
who referred the student to the principal/assistant principal. At the
conference,
the student shall be informed of the reason(s) for the disciplinary
action and
the evidence against him/her, and shall be given the opportunity to
present
his/her version and evidence in support of his/her defense. The
conference
may be omitted if the principal/or superintendent determines that an
emergency
situation exists, in that there is a clear and present danger to the
lives,
safety or health of students or school personnel. If the pre-suspension
conference
is not held, then a meeting shall be held as soon as practicable, but
not later
than two (2) school days from the day the suspension is ordered
unless the
student is physically unable to attend due to hospitalization,
incarceration,
etc., in which case the conference will be held as soon as the
student is
physically able to return to school, unless the student waives the right
to the
conference.
2) At the time of suspension, a school
employee shall make a reasonable effort to
contact the
student's parent or guardian in person or by telephone. A school
employee
shall also report the suspension of the student to the district
superintendent.
3) A notice of the suspension shall be
mailed by a school employee to the parent
or guardian
within two (2) school days of the beginning of a suspension in the
primary
language of the parent or guardian, if practicable, containing each of
the
following:
a) A
statement of the facts leading to the decision to suspend.
b) The
date and time when the student will be allowed to return to school.
c) A
statement of the right of the student or parent to request a meeting
with
the superintendent or the superintendent's designee.
d) A
statement of the parent's or the student's right to have access to the
student's
record as provided in Education Code 48914.
e) A
request that the parent or the guardian attend a conference with school
officials
regarding the student's behavior, including notice that State law
requires
parents or guardians to respond to such request without delay.
4) While the parent or guardian is
required to respond without delay to a request
for a
conference regarding their child's behavior, no penalties may be imposed
on the
student for the failure of the parent or guardian to attend such
conference. In addition, the student's re-admission shall not be contingent on the
attendance of the parents or guardian at such conference.
Appealing
Suspension and/or Other Disciplinary Action:
Under
the provisions of Education Code Section 48914, the District has established
the following procedures for appealing a suspension and/or other disciplinary
action taken by the school:
a.
The student or the student's parent or guardian may appeal a suspension
and/or other disciplinary action imposed by the principal of the school. The appeal shall be filed within ten (10)
school days of the time that the suspension and/or other disciplinary action
took place. A meeting, if requested,
must be held within three (3) school days of the time that the principal
received the request for an appeal. The
principal shall make a decision regarding the appeal within two (2) school
days.
b.
If the appeal is not resolved at the school-site principal level, then
the student or
the student's parent or guardian may appeal the suspension
and/or other
disciplinary action to the superintendent or the
superintendent's designee. The
appeal shall be filed within ten (10) school days of the
time that the principal
renders his/her decision.
A meeting, if requested, must be held within three (3)
school days of the receipt of the request by the
superintendent or the superin-
tendent's designee. The procedure shall be as follows:
1) The
superintendent or the superintendent's designee shall determine if
there
was sufficient evidence to find that the alleged violation occurred,
and
whether the penalty was appropriate for the violation.
2) The
pupil may designate a representative to be present with him/her at
the
meeting, but the representative shall not serve as legal counsel
unless
the district has a legal counsel present to represent the school
district.
3) At
the meeting, the superintendent or the superintendent's designee
shall
review all written documents in the case; and the pupil and the
pupil's
parent/guardian and representative may address the superin-
tendent or the superintendent's designee on the
evidence and the
appropriateness
of the penalty.
4) The
superintendent or the superintendent's designee shall make a
decision
within five (5) school days. If the
superintendent or the superin-
tendent's designee determines that no violation
occurred, all records and
documentation
regarding the disciplinary proceedings and suspension
shall
be immediately destroyed and no information regarding the
meeting
shall be placed in the pupil's permanent record or file. If the
superintendent
or the superintendent's designee determines that the
penalty
imposed was inappropriate for the violation, all records and
documentation
concerning the suspension and/or other disciplinary
action
shall be revised to indicate only the facts leading to the penalty
imposed
by the superintendent or the superintendent's designee.
Rights of
Suspended Pupil to Complete Assignments and Tests:
The
teacher of any class from which a pupil is suspended may require the suspended
student to complete any assignments and tests missed during the
suspension. In addition, a suspended
pupil may be allowed to complete all assignments and tests missed during the
suspension which can be reasonably provided, and upon satisfactory completion,
given full credit therefore. (Education
Code 48913)
Suspension
and Disciplinary Action by the Governing Board (Ed.
C. 48912):
The
governing board may suspend a student from school for any of the reasons
contained in the Education Code Section 48900 for not more that twenty (20)
days in any school year, unless the student enrolls in or is transferred to
another school, opportunity school or class, or a continuation education school
or class. Then, the student may be
suspended for not more than a total of thirty (30) days in any school
year. Suspension of a student by the governing board may include probation or
other disciplinary action, except expulsion.
The
governing board shall, unless a request has been made to the contrary, hold
closed sessions when considering the suspension of a student, conditions of
his/her probation or other disciplinary action, except expulsion.
Written
notice of the closed hearing shall be forwarded by certified mail to the
student at least ten (10) calendar days prior to the hearing. The notice shall include:
1) The
date, time and place of the hearing.
2) A
statement of the specific facts and charges upon which the proposed
disciplinary
action is based.
3) A
copy of the disciplinary rules of the district and Student Conduct Code
which
relate to the alleged violation.
4) The
opportunity of the student and the student's parent or guardian to:
a. appear in person or to employ and be
represented by counsel;
b. inspect and obtain copies of all
documents to be used at the
hearing;
c. confront and question all witnesses who
testify at the hearing, and;
d. question all evidence presented, and
present oral and
documentary evidence on the student's behalf, including
witnesses.
Expulsion:
A. Expulsion:
Definition
Removal of a pupil from the
immediate supervision and control, or the general supervision, of school
personnel, as those terms are
used in Education Code Section 46300.
B. Expulsion:
Pupils with Previously Identified Exceptional Needs
(Education
Code Section 48915.5)
1. Conditions for Expulsion
In
a matter involving a pupil with previously identified exceptional needs who is
currently enrolled in a special education program, the governing board may order
a pupil expelled pursuant to Education Code Section 48915(b) and (d) (see
paragraph II.C.) only if all of the following conditions are met:
An
individualized education program team meeting is held and conducted pursuant to
Article 3 (commencing with Section 56340) of Chapter 2 of Part 30 of the
Education Code.
b. The team determines that the
misconduct was not caused by, or was not a direct manifestation of, the pupil's
identified disability.
c. The team determines that the pupil
had been appropriately placed at the time the misconduct occurred.
(Education
Code Section 48915.5 (a))
2. Exception to Parental Consent
All
applicable procedural safeguards prescribed by federal and state laws and regulations
apply to proceedings to expel pupils with previously identified exceptional
needs, except that notwithstanding Section 56321, subdivision (e) of 56506, or
any other provision of law, parental consent is not required prior to
conducting a preexpulsion educational assessment
pursuant to subdivision 4 or as a condition of the final decision of the local
board to expel. (Education Code Section 48915.5(b))
3. Notice to Parents
The
parent of each pupil with previously identified exceptional needs has the right
to participate in the individualized education program team meeting conducted
pursuant to paragraph II.D.1 following the completion of a preexpulsion
assessment pursuant to subdivision 4 through actual participation,
representation, or a telephone conference call.
The meeting shall be held at a time and place mutually convenient to the
parent and the school district within the period, if any, of the pupil's preexpulsion suspension.
A telephone conference call may be substituted for the meeting. Each parent shall be notified of his or her
right to participate in the meeting at least 48 hours prior to the
meeting. Unless a parent has requested a
postponement, the meeting may be conducted without the parent's participation,
if the notice required by this paragraph has been provided. The notice shall specify that the meeting may
be held without the parent's participation, unless the parent requests a
postponement for up to three additional schooldays pursuant to this
subdivision. Each parent may request
that the meeting be postponed for up to three additional school days. In the event that a postponement has been
granted, the school district may extend any suspension of a pupil for the
period of postponement if the pupil continues to pose an immediate threat to
the safety of himself, herself, or others and the
local educational agency notifies that the suspension will be continued during
the postponement. However, the
suspension shall not be extended beyond ten (10) consecutive schooldays unless
agreed to by the parent or by a court order.
If a parent who has received proper notice of the meeting refuses to
consent to an extension beyond 10 consecutive schooldays and chooses not to
participate, the meeting may be conducted without the parent's
participation. (Education Code Section
48915.5(d))
4. Decision Based on Pre-expulsion
Educational Assessment
In
determining whether a pupil should be expelled, the individualized education
program team shall base its decision on the results of a pre-expulsion
educational assessment conducted in accordance with the guidelines of Section
104.35 of Title 34 of the Code of Federal Regulations, which shall include a
review of appropriateness of the pupil's placement at the time of the alleged
misconduct, and a determination of the relationship, if any, between the
pupil's behavior and his or her disability.
In
addition to the pre-expulsion educational assessment results, the
individualized education program team shall also review and consider the
pupil's health records and school discipline records. The parent, pursuant to Section 300.504 of
Title 34 of the Code of Federal Regulations, is entitled to written notice of
the local educational agency's intent to conduct a pre-expulsion assessment. The parent shall make the pupil available for
the assessment at a site designated by the local educational agency without
delay. The parent's right to an
independent assessment under Education Code Section 56329 applies despite the
fact that the pupil has been referred for expulsion. (Education Code Section 48915.5(e))
5. Decision
of IEP Team
If
the individualized education program team determines that the alleged
misconduct was not caused by, or a direct manifestation of, the pupil's
disability, and if it is determined that the pupil was appropriately placed,
the pupil shall be subject to the applicable disciplinary actions and
procedures prescribed under this Student Suspension/Expulsion Policy. (Education Code Section 48915.5(f))
6. Appeal of Decision of IEP Team
The
parent of each pupil with previously identified exceptional needs has the right
to a due process hearing conducted pursuant to Section 1415 of Title 20 of the
United States Code if the parent disagrees with the decision of the
individualized education program team made pursuant to paragraph II.D.5, or if
the parent disagrees with the decision to rely upon information obtained, or
proposed to be obtained, pursuant to paragraph II.D.4. (Education Code Section 48915.5(g))
7. Extension of Timelines Pending
Appeal
No
hearing shall be conducted for an individual with exceptional needs until all
of the following have occurred:
a. A pre-expulsion assessment is
conducted.
b. The individualized education
program team meets pursuant to subdivision (a).
c. Due process hearings and appeals,
if initiated pursuant to Section 1415 of Title 20 of the United States Code,
are completed.
Pursuant
to subdivision (a) of Education Code Section 48918, (see paragraph II.E.2.c.)
the statutory times prescribed for expulsion proceedings for individuals with
exceptional needs shall commence after the completion of paragraphs a., b., and
c., above. (Education Code Section
48915.5(i))
8. Transportation
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. (Education Code Section 48915.5(j))
9. Exceptions
The restrictions and special procedures provided in Section 48915.5 for the expulsion of a pupil with exceptional needs shall not apply when the pupil possessed a firearm, knife, explosive, or other dangerous object of no reasonable use to the pupil, or the pupil committed or attempted to commit a sexual assault or committed sexual battery, at school or at a school activity off school grounds, unless for these acts the restrictions and special procedures in Section 48915.5 are mandated under federal law, including Section 1415 of Title 20 of the United States Code.
C. Expulsion:
Procedures
1. Recommendation to Governing
Board
a. Where the principal or
superintendent recommends to the governing board the expulsion of a pupil, he
will prepare a report of the case to include:
(1) The pupil's academic and attendance
records.
(2) A chronological account of the
development of the case and a statement of the conduct and recitation of the
facts leading to the decision to recommend expulsion.
(3) A description of actions taken by the school to correct
the pupil's previous misbehavior and the effect the corrective action has had
on the pupil.
(4) A record of contacts with other
agencies and the results of such contacts.
(5) A description of contacts with the
parents or guardian made by school personnel, including the purpose of the
contacts, apparent reaction of parents or guardians, and effect on the pupil's
behavior.
(6) A copy of the summary of the final
parent-pupil-principal conference, if any.
(7) A recommendation as to the time when
the case should be reviewed, and the conditions, if any, which should be met
before the pupil's return to school.
b. This report may be used by the
Board in determining disciplinary action should it find that the pupil
committed any of the acts enumerated in Section II.C.
c. A copy of the report shall be
provided the pupil and pupil's parent/guardian.
2. Pupil's Right to Hearing
a. An expulsion hearing shall be held
within thirty schooldays after the date the principal or the superintendent of
schools determines the pupil has committed any of the acts enumerated in
Education Code Section 48900 et seq. (See paragraph II.C.)
b. The
pupil may request in writing a postponement of the hearing not to exceed
thirty calendar days of an expulsion hearing.
Any additional postponement may be granted at the discretion of the
governing board. (Education Code Section
48918(a))
c. The Superintendent or the superintendent's designee may, for good
cause, extend the time period for the expulsion hearing for an additional five
school days, in the event that compliance by the governing board with the time
requirements is impracticable. Reasons
for the extension of the time for the hearing shall be included as part of the
record at the time the expulsion hearing is conducted. Once the hearing begins, it shall be
conducted with reasonable diligence and concluded without unnecessary
delay. (Education Code Section 48918(a))
3. Written Notice of the Hearing (Education Code Section
48918(b))
Written
notice of the hearing shall be forwarded to the pupil and the pupil's
parent/guardian at least ten calendar days prior to the date of the
hearing. Such notice shall include:
a. The date and place of the hearing.
b. A statement of the specific facts
and charges upon which the proposed expulsion is based.
c. A copy of disciplinary rules of the
district which relate to the alleged violation.
d. A notice of the parent, guardian or
pupil's obligation pursuant to subdivision (b) of Section 48915.1 to notify any
other school district in which the pupil attempts to enroll of the pupil's
suspension for an offense listed in Section 48915. (See policy II C.)
e. The opportunity of the pupil or the
pupil's parent/guardian to:
(1) appear in person or to employ and be represented by legal
counsel or b a non-attorney adviser.
(2) inspect and
obtain copies of all documents to be used at the hearing.
(3) confront and
question all witnesses who testify at the hearing.
(4) question all
evidence presented, and present oral documentary evidence on the pupil's
behalf, including witnesses.
f. In
a hearing in which a pupil is alleged to have committed or attempted to commit
a sexual assault as specified in subdivision (n) of Section 48900 or committing
a sexual battery as defined in subdivision (n) of Section 48900, a complaining
witness shall be given five days' notice prior to being called to testify, and
shall be entitled to have up to two adult support persons, including, but not
limited to, a parent, guardian, or legal counsel, present during their
testimony. Prior to a complaining
witness testifying, support persons shall be admonished that the hearing is
confidential. Nothing in this
subdivision shall preclude the person presiding over an expulsion hearing from
removing a support person whom the presiding person finds is disrupting the
hearing. If one or both of the support
persons is also a witness, the provisions of Section 868.5 of the Penal Code
shall be followed for the hearing.
4. Conduct of Hearing
a. Closed Session: Notwithstanding the provisions of Government
Code Section 54953 and Education Code Section 35145, the governing board shall
conduct a hearing to consider the expulsion of the pupil in a session closed to
the public, unless the pupil requests in writing at least five days prior to
the hearing, that the hearing be conducted at a public meeting. If such request is made of the governing
board, the meeting shall be public.
Whether the expulsion hearing is held in closed or public session, the
board may meet in closed session to deliberate and determine whether the pupil
should be expelled. The parent/guardian
of the pupil, the pupil, and the counsel of the pupil, shall be allowed to
attend the closed session if the governing board admits any other person to the
closed session. (Education Code Section
48918(c))
b. Public Meeting , Rights of Complaining Witness. If the hearing is to be conducted at a public meeting, and there is a charge of 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, a complaining witness shall have the right to have his or her testimony heard in a session closed to the public when testifying at a public meeting would threaten serious psychological harm to the complaining witness and there are no alternative procedures to avoid the threatened harm, including, but not limited to, videotaped deposition or contemporaneous examination in another place communicated to the hearing room by means of closed-circuit television. [Education Code Section 48918(c)].
c. Record of Hearing: A record of the hearing shall be made. Such record may be maintained by any means,
including electronic recording, so long as a reasonably accurate written and
complete transcription of the proceedings can be made. (Education Code Section 48918(c))
d. Failure to Make Objections: If the pupil, parent, guardian or attorney
fails to object at the hearing that these rules are not being properly
followed, or that any other law or requirement of due process is not being
followed, the objections shall be deemed waived.
e. Presentation of Evidence: Upon a finding that good cause exists, the
governing board or hearing officer/administrative panel appointed under
paragraph II.F., may determine that either the
identity of a witness or the
testimony of the witness at the hearing, or both may subject the witness to an
unreasonable risk of psychological or physical harm. Upon this
determination, the testimony of the witness may be presented at the hearing in
the form of sworn declarations which shall be examined only by the governing
board or the hearing officer/administrative panel appointed under paragraph
II.F. Copies of these sworn
declarations, which are edited to delete the name and identity of the witness,
shall be made available to the pupil.
(Education Code Section 48918(f))
f. Technical Rules of Evidence Do Not Apply: Technical rules of evidence shall not apply to the hearing except that relevant evidence may be admitted and used as proof only if it is the kind of evidence which reasonable persons are accustomed to rely on in