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Subchapter 23. Defining Persistently Dangerous Public Elementary And Secondary Schools. Definitions.   

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(a) "Assault" means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another (Penal Code section 240).

(b) "Battery" means any willful and unlawful use of force or violence upon the person of another (Penal Code section 242).

(c) "Controlled substance" means all controlled substances listed in chapter 2 of division 10 of the Health and Safety Code (commencing with section 11053).

(d) "Firearm" means handgun, rifle, shotgun or other type of firearm (section 921(a)(3) of title 18, United States Code).

(e) "Firearm violation" means unlawfully bringing or possessing a firearm, as defined in subsection (d), on school grounds or during a school-sponsored activity.

(f) "Explosive" means a destructive device (title 18, section 921(a)(4), United States Code).

(g) "Expulsion" means an expulsion ordered by the local educational agency's governing board regardless of whether it is suspended, modified, or stipulated.

(h) "Extortion" means acts described in Penal Code sections 71, 518, and 519.

(i) "Fiscal year" means the period of July 1 through June 30 (Education Code section 37200).

(j) "Hate violence" means any act punishable under Penal Code section 422.6.

(k) An "incident" of a firearm violation by non-student(s) for the purpose of section 11992 is an event on school grounds during school hours, or at a school-sponsored activity, involving a person or persons not enrolled in the school who unlawfully brings or possesses a handgun, rifle, shotgun, or other type of firearm. An event shall be counted as a single incident when it happens at the same time in the same location, regardless of the number of non-students involved. School site administrators or designees are responsible for documenting the incident and reporting the incident to the local educational agency (LEA) staff who are responsible for collecting expulsion data.

(l) "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.

(m) "Non-student" means a person, regardless of age, not enrolled in the school or program reporting the violation.

(n) "On school grounds" means the immediate area surrounding the school including, but not limited to, the school building, the gymnasium, athletic fields, and the site parking lots.

(o) "Robbery" means acts described in Penal Code sections 211 and 212.

(p) A "school sponsored activity" means any event on the grounds of the school district supervised by district staff at which students are present, including transportation to and from school.

(q) "Serious physical injury" means serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (this is the same definition as described in "serious bodily injury" in Penal Code section 243(f)(4)).

(r) "Sexual assault" means acts defined in Penal Code sections 261, 266(c), 286, 288a, 288(a-c), and 289.

(s) "Sexual battery" means acts defined in Penal Code section 243.4.

(t) "Enrolled students", for the purpose of subsections 11992(a)(1) and 11992(a)(2), means students included in the most current California Basic Educational Data System (CBEDS) report for the school.

(u) "During school hours" means from thirty minutes before the initial school bell to thirty minutes after the closing school bell.

Authority cited:

Education Code 33031


Education Code 37200

Education Code 48915(g)

Health and Safety Code 11053-11058

Penal Code 71

Penal Code 211

Penal Code 212

Penal Code 240

Penal Code 242

Penal Code 243(f)(4)

Penal Code 243.4

Penal Code 261

Penal Code 266(c)

Penal Code 286

Penal Code 288a

Penal Code 288(a-c)

Penal Code 289

Penal Code 422.6

Penal Code 518

Penal Code 519

(Added by Register 2005, No. 25.)