SUSPENSION AND EXPULSION

EDUCATION CODE 48900

A pupil shall not be suspended from school or recommended for expulsion unless the Superintendent of the District or the Principal of the school in which the pupil is enrolled determines that the pupil has:

(a) Caused, attempted to cause, or threatened to cause physical injury to another person.

(b) Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the cause 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 listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.

(d) Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.

(e) Committed or attempted to commit robbery or extortion.

(f) Caused or attempted to cause damage to school property or private property.

(g) Stolen or attempted to steal school property or private property.

(h) Possessed or used tobacco or any products containing tobacco or nicotine products including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products.

(i) Committed an obscene act or engaged in habitual profanity or vulgarity.

(j) Had unlawful possession of or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in section 11014.5 of the Health and Safety Code.

(k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

(l) Knowingly received stolen school property or private property.

(m) Possession of an imitation firearm. "Imitation firearm" means a replica of a firearm so 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.

(.2) Sexual Harassment (grades 4-12)

(.3) Caused, attempted to cause, threatened to cause, or participated in an act of hate violence (grades 4-12)

(.4) Intentionally engaged in harassment, threats, or intimidation, directed against a student or group of students (grades 4-12)

(.7) Make terroristic threats against school officials or school property (terroristic threats include statements, written or oral, that threatens death, great bodily injury, or property damage in excess of $1,000)

(p) Unlawfully offered, arranged to sell, negotiate to sell or sold the prescription drug, SOMA.

(q) Engaged in, or attempted to engage in, hazing

(r) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, 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 campus
  4. During, or while going to or coming from, a school sponsored activity

(t) A pupil who aids or abets the infliction or attempted infliction of physical injury to another person

EDUCATION CODE 48915(a)

Except as provided in subdivisions (c) and (e), the principal or 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 because of the particular circumstance:

  1. Causing serious physical injury to another person except in self-defense.
  2. Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil.
  3. Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for the possession of not more than one avoirdupois ounce of Marijuana other than concentrated cannabis.
  4. Robbery/extortion

EDUCATION CODE 48915(c) ZERO TOLERANCE

The Principal/Superintendent shall immediately suspend, pursuant to Section 48911, and shall recommend the expulsion of a pupil who he or she determines has committed any of the following acts at a school or 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.

The governing board shall order a pupil expelled upon finding that the pupil committed an act listed in subdivision (c)

EDUCATION CODE 48900.6 COMMUNITY SERVICE

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 non-school 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.

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