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Petaluma City Schools |  9000 |  BP  5144  Students

Discipline   

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General Policy

Students attending the district schools shall be subject to discipline in accordance with the provisions of the Education Code and these rules. In that sense these rules are intended to supplement those Education Code provisions. In the event of any conflict between the language of these rules and the provisions of the Education Code, such Education Code provisions shall control. Therefore, such Code provisions shall be looked to as the primary source of regulations and policy.

In general, no student in the district shall be suspended or expelled from school without a finding by the Superintendent or designee that lesser remedies have failed to resolve the problem, or that there are no appropriate lesser remedies.

Staff shall enforce disciplinary rules fairly, consistently and without discrimination.

The Board of Education shall notify each student's parent/guardian at the beginning of each school year of the availability of rules of the district pertaining to student discipline. The principal of each school shall notify students of all rules pertaining to student discipline at the beginning of the school year or at the time of enrollment in the schools. Board policies and regulations shall delineate acceptable student conduct and provide the basis for sound disciplinary practices. Each school may develop disciplinary rules to meet the school's individual needs.

Recess Restriction

A teacher may restrict a student's recess time when he/she believes that this action is the most effective way to bring about improved behavior, subject to the following conditions:

1. The student shall be given adequate time to use the restroom and get a drink or eat lunch, as appropriate.

2. The student shall remain under a certificated employee's supervision during the period of restriction.

3. Teachers shall inform the principal of any recess restrictions they impose.

Detention after School

Students may be detained for disciplinary reasons up to one hour after the close of the maximum school day. (5 CCR 353)

If a student will miss his/her school bus on account of being detained after school, or if the students is not transported by school bus, the principal or designee shall notify parents/guardians of the detention at least one day in advance so that alternative transportation arrangements may be made. The student shall not be detained unless the principal or designee speaks to the parent/guardian.

In cases where the school bus departs more than one hour after the end of the school day, students may be detained until the bus departs. (5 CCR 307, 353)

Students shall remain under the supervision of a certificated employee during the period of detention.

Students may be offered the choice of serving their detention on Saturday rather than after school.

Suspension From School

Suspension: Definitions (Education Code 48925)

Suspension from school means removal of a student from ongoing instruction for adjustment purposes.

Day means a calendar day unless otherwise specifically provided.

Schoolday means a day upon which the schools of the district are in session or weekdays during the summer recess.

Student includes a student's parent or guardian or legal counsel.

Student with Previously Identified Exceptional Needs means a student who meets the requirements of Education Code 56026 and who, at the time the alleged misconduct occurred, was enrolled in a special education program.

Principal's Designee means one or more administrators at a school site specifically designated by the principal, in writing, to assist with disciplinary procedures.

In the event there is not an administrator besides the principal at a school site, the principal may specifically designate, in writing, a certificated employee at the school site to assist with disciplinary procedures. Only one such certificated employee at a time may be designated as the principal's primary designee for the school year.

An additional certificated person may be designated by the principal, in writing, to assist with disciplinary procedures when both the principal and principal's primary designee are absent from the school site. The name of the additional person and the person(s) designated as "principal's designee", shall be on file in the principal's office. (Education Code 48911 (h))

Habitual means a frequent repetition.

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 $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. (Education Code 48900.7(b))

Suspension: Authority to Suspend

Suspension shall be imposed only when other means of correction fail to bring about proper conduct. However, a student, including a student with previously identified exceptional needs, may be suspended from the school for not more than five consecutive school days for any of the reasons in Education Code 48900 upon a first offense, if the principal or superintendent determines the student has committed any of the acts enumerated in Education Code 48900 (a)-(e) or that the student's presence causes a danger to persons or property or threatens to disrupt the instructional process. (Education Code 48900.5)

Suspension: Grounds for Suspension or Expulsion (Education Code 48900, 48900.2, 48900.3, 48900.4, 48900.7, 48901.5)

A student may be suspended for any of the acts listed in Education Code 48900, Education Code 48900.2, 48900.3, 48900.4 or Education Code 48901.5 if the act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent or the principal or occurring within any other school district(s), including but not limited to the following circumstances:

1. While on school grounds.

2. While going to or coming from school.

3. During the lunch period, whether on or off the school campus.

4. During, or going to or coming from, a school-sponsored/school related activity.

A student may not be suspended or recommended for expulsion unless the Superintendent or the principal of the school in which the student is enrolled determines that the student has:

1. (1) Caused, 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.

2. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the student had obtained written permission from a certificated school employee, which is concurred in by the principal or the principal's designee.

3. 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.

4. Unlawfully offered or 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.

5. Committed or attempted to commit robbery or extortion.

6. Caused or attempted to cause damage to school property or private property.

7. Stolen or attempted to steal school property or private property.

8. 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 does not prohibit use or possession by a student of his or her own prescription products.

9. Committed an obscene act or engaged in habitual profanity or vulgarity.

10. Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in 11014.5 of the Health and Safety Code.

11. 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.

12. Knowingly received stolen school property or private property.

13. 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.

14. Committed or attempted to commit a sexual assault as defined in 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in 243.4 of the Penal Code.

15. Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that student from being a witness or retaliating against that student for being a witness, or both.

16. Aids or abets the infliction or attempted infliction of physical injury to another person.

17. Committed sexual harassment as defined in Education Code 212.5. This conduct must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual's academic performance or to create an intimidating, hostile, or offensive educational environment. This subsection shall not apply to students enrolled in kindergarten and grades 1 to 3, inclusive. (Education Code 48900.2)

18. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in subdivision (e) of Education Code 233. This sub-section applies to students enrolled in any of grades 4 to 12, inclusive. (Education Code 48900.3)

19. Intentionally engaged in harassment, threats, or intimidation, directed against a student or group of students, 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 that student or group of students by creating an intimidating or hostile education environment. This sub-section applies to students enrolled in any of grades 4 to 12, inclusive. (Education Code 48900.4)

20. Making terroristic threats, as defined, against school officials or school property, or both. (Education Code 48900.7)

Alternatives to Suspension

Alternatives to suspension or expulsion will be used with students who are truants, tardy, or otherwise absent from assigned school activities.

In lieu of disciplinary action prescribed by this policy, the principal of a school, the principal's designee, the superintendent, or the governing board may require a student to perform community service on school grounds during nonschool hours. For purposes of this subsection "community service" may include, but is not limited to, work performed on school grounds in the areas of outdoor beautification, campus betterment, and teacher or peer assistance programs. This sub-section does not apply if suspension or expulsion is required by this Policy or the Education Code.

SUSPENSION: PROCEDURES

Suspension by Teacher (Education Code 48910)

A teacher may suspend any student from his/her class, for any of the acts enumerated in Education Code 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 student to the principal or designee for appropriate action.

As soon as possible, the teacher shall telephone or write to the parent or guardian of the student asking them to attend a parent/teacher conference regarding the suspension. Whenever practicable, a school counselor or a school psychologist shall attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests.

The student shall not be returned to the class from which he/she was suspended, during the period of the suspension, without the concurrence of the teacher and the principal.

A student suspended from a class shall not be placed in another regular class during the period of suspension. However, if the student is assigned to more than one class per day, this paragraph shall apply only to other regular classes scheduled at the same time as the class from which the student was suspended.

A teacher may also refer a student, for any of the acts enumerated in Education Code 48900, 48900.2, 48900.3, 48900.4 and 48901.5, to the principal for consideration of a suspension from the school.

Suspension by Superintendent, Principal or Principal's Designee (Education Code 48911)

The principal of the school, the principal's designee, or the Superintendent may suspend a student from the school for any of the acts enumerated in Education Code 48900, 48900.2, 48900.3, 48900.4 and 48901.5, and pursuant to Education Code 48900.5 for not more than five consecutive school days.

Pre-suspension Conference

Suspension shall be preceded by an informal conference conducted by the principal or his designee or the superintendent between the student, and whenever practicable, the teacher or supervisor or school employee who referred the student to the principal or his designee or the superintendent. At the conference, the student shall be informed of the reason 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. (Education Code 48911 (b))

Exception: Emergency Situation

This pre-suspension conference may be omitted only if the principal or principal's designee or superintendent determines that an emergency situation exists. "Emergency situation" means a situation determined by the principal, the principal's designee, or the superintendent to constitute a clear and present danger to the lives, safety or health of students or school personnel. If the pre-suspension conference is not held, both the parent/guardian and student shall be notified of the student's right to return to school for the purpose of a conference. The conference shall be held within two school days, unless the student waives his/her right to it, or is physically unable to attend for any reason; in such case the conference shall then be held as soon as the student is physically able to return to school. (Education Code 48911 (c))

Notice to Parents

At the time of the suspension, a school employee shall make a reasonable effort to contact the parent/guardian in person or by telephone.

A notice of the suspension shall be mailed to the parent/guardian of the suspended student. The notice shall be in the primary language of the parent/guardian insofar as is practicable. The notice shall include the following:

1. A statement of the facts leading to the decision to suspend.

2. The date and time when the student will be allowed to return to school.

3. A statement of the right of the student or parent/guardian to request a meeting with the superintendent or superintendent's designee.

4. A statement of the parent/guardian's or the student's right to have access to the student's record as provided by Education Code 49069.

5. A request that the parent/guardian attend the informal conference with school officials regarding the student's behavior, including notice that state law requires parent/guardian to respond to such request without delay.

While the parent/guardian is required to respond without delay to a request for a conference regarding his/her child's behavior, no penalties may be imposed on the student for the failure of the parent/guardian to attend such conference, nor may the readmission of the student be contingent on the attendance by the student's parent/guardian at such conference. (Education Code 48911 (f))

A school employee shall report the suspension of the student, including the cause therefor, to the district superintendent. (Education Code 48911 (e))

Notice to Parents Upon Release of Minor Student to Peace Officer

When a principal or other school official releases a student to a peace officer in order to remove the minor from the school premises, with the exception of cases involving suspected child abuse, the school official shall take immediate steps to notify the parent/guardian or responsible relative of the student that the student has been released to the officer, and the place to which the student is reportedly being taken. In cases involving suspected child abuse, the school official shall provide the peace officer with the address and telephone number of the student's parent or guardian. (Education Code 48906)

Notice to Law Enforcement Authorities

The principal of a school or the principal's designee shall, prior to the suspension or expulsion of any student, notify the appropriate law enforcement authorities of the county or city in which the school is situated, of any acts of the student which may violate Section 245 of the Penal Code, relating to assault with a deadly weapon or force likely to produce great bodily harm. (Education Code 48902(a))

The principal of a school or the principal's designee shall within one schoolday of the suspension or expulsion of any student by telephone or other appropriate method chosen by the school, notify the appropriate law enforcement authorities of the county or city in which the school is situated, of any acts of the student which may violate subdivision (c) or (d) of Education Code 48900. (Education Code 48902(b))

The principal 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 the student which may involve the possession or sale of a controlled substance or a violation of Section 626.9 or 626.10 of the Penal Code relating to bringing or possessing on school grounds a firearm, a knife having a fixed blade longer than 2-1/2 inches, folding knife with a blade that locks into place, a razor with an unguarded blade, a taser, a stun gun or any instrument that expels a metallic projectile such as a BB or pellet, through the force of air pressure, C02 pressure, or spring action, or any spot marker gun. (Education Code 48902(c))

Meeting with Superintendent or Superintendent's Designee (Education Code 48914)

If suspension is ordered by a principal or a principal's designee, the student or the student's parent/guardian shall have the right to request a meeting with the superintendent or superintendent's designee to discuss the causes, the duration, the school policy involved and other matters pertinent to the suspension.

If, after the meeting, the superintendent or superintendent's designee determines that no violation occurred, all records and documentation regarding disciplinary proceedings and suspension shall be destroyed immediately, and no information regarding the meeting shall be placed in the student's permanent record file or communicated to any person not directly involved in the disciplinary proceedings. If the determination is that the penalty imposed was inappropriate for the violation, the records and documentation concerning the suspension shall be revised to indicate only the facts leading to any other disciplinary action imposed by the superintendent or the superintendent's designee. (Education Code 48914)

Suspension by Board of Education (Education Code 48912)

The governing board may suspend a student from school for any of the acts listed under Education Code 48900, 48900.2 and 48901.5 for any number of school days not to exceed twenty school days in any school year, unless for purposes of adjustment a student enrolls in or is transferred to another regular school, an opportunity school or class, or continuation education school or class, in which case suspension shall not exceed thirty school days in any school year. (Education Code 48912(a))

Hearing By Board of Education/Closed Session

If the governing board is considering a suspension, disciplinary action, or any other action, except expulsion, against any student, it shall hold closed sessions if a public hearing would lead to disclosure of information which would violate a student's right to privacy under Education Code 49073 et. seq. The student may request, however, a public meeting and the request shall be granted if made in writing and served upon the clerk or secretary of the governing board within 48 hours after receipt of the board's notice of closed session, except any discussion at the meeting that may be in conflict with any other student's right to privacy, shall be in closed session. (Education Code 48912(b)-(c))

Board Notice of Closed Session

Before calling a closed session to consider suspension of, disciplinary action against, or any other action against a student except expulsion, the governing board shall, in writing, by registered or certified mail or by personal service, notify the student and the student's parent or guardian of the intent of the governing board to call and hold a closed session. (Education Code 48912(c))

Suspension: Limitations on Suspensions

A student may be suspended for no more than five consecutive school days for any of the reasons enumerated above under grounds for suspension, unless the student is suspended by the governing board which may suspend for any number of consecutive school days not to exceed twenty school days in a school year, unless for purposes of adjustment a student enrolls in or is transferred to another regular school, an opportunity school or class, or continuation education school or class, in which case suspension by the governing board shall not exceed thirty consecutive school days in any school year. (Education Code 48911 (a) and 48912(a))

A student shall be suspended for no more than twenty school days in a school year, unless for purpose of adjustment a student is enrolled or transferred to another regular school, an opportunity school or class, or a continuation education school or class, in which case suspension shall not exceed thirty school days of suspension in one school year. Suspensions that occur while a student is enrolled in another school district are counted in calculating the maximum number of days of suspension. (Education Code 48903)

Notwithstanding the above paragraphs, if an expulsion of the suspended student is being processed by the governing board, the suspension may be extended by the superintendent, or a person designated by the superintendent, in writing, until such time as the governing board has rendered a decision. (Education Code (4891 1 (g))

Before acting to extend the suspension, the superintendent or superintendent's designee shall notify the student and the student's parent/guardian of the proposed extension with an offer to hold a conference concerning the extension to give the student and the student's parent/guardian an opportunity to be heard on the extension. Following the meeting in which the student and the student's parent/guardian are invited to participate, the superintendent may extend the suspension only upon first determining that the presence of the student 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 student or the student's parent/guardian requested a meeting to challenge the original suspension by a principal or principal's designee, that meeting may be held to decide both the merits of the suspension and the extension of the suspension order. (Education Code 48911 (g))

Notwithstanding the above paragraphs, an individual with exceptional needs may be suspended for up to, but not more than, 10 consecutive schooldays if he or she poses an immediate threat to the safety of himself or herself or others. In the case of a truly dangerous child, a suspension may exceed 10 consecutive schooldays, or the student's placement may be changed, or both, if either of the following occurs:

1. The student's parent or guardian agrees.

2. A court order so provides. (Education Code 48911 (h))

Suspension: Supervised Suspension Classroom

A student suspended from a school for any of the reasons enumerated in "Grounds for Suspension or Expulsion" of this Policy may be assigned, by the principal or the principal's designee, to a supervised suspension classroom for the entire period of suspension if the student poses no imminent danger or threat to the campus, students or staff, or if an action to expel the student has not been initiated.

Students assigned to a supervised classroom shall be separated from other students at the schoolsite for the period of suspension in a separate classroom, building, or site for students under suspension.

Each student in the supervised suspension classroom is responsible for contacting his or her teacher or teachers to receive assignments to be completed while the student is assigned to the classroom. The teacher shall provide all assignments and tests that the student will miss while suspended. If no classroom work is assigned, the person supervising the suspension classroom shall assign schoolwork.

At the time a student is assigned to a supervised suspension classroom, a school employee shall attempt to notify, in person or by telephone, the student's parent or guardian. Whenever a student is assigned to a supervised suspension classroom for longer than one class period, a school employee shall notify the student's parent or guardian in writing. (Education Code 48911.1)

EXPULSION

Expulsion: Definitions (Education Code 48925(b))

Expulsion means removal of a student from the immediate supervision and control, or the general supervision, of school personnel, as those terms are used in Education Code 46300.

Firearm means any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion. (Penal Code 12001)

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.

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

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

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. (Education Code 48900.7(b))

Legal Counsel means an attorney or lawyer who is admitted to the practice of law in California and is an active member of the State Bar of California (Education Code 48918(b)(5)(A).

Nonattorney Advisor means an individual who is not an attorney or lawyer, but who is familiar with the facts of the case and has been selected by the student or the student's parent or guardian to provide assistance at the hearing (Education Code 48918(b)(5)(B).

Expulsion: Authority to Expel

A student may be expelled only by the governing board.

Expulsion: Grounds for Expulsion

For a student to be expelled for any grounds enumerated in this section, the act must have been committed at school or at a school activity off school grounds as defined in section 48900:

The principal or the Superintendent of schools shall recommend the expulsion of a student for any of the following acts, unless the principal or superintendent finds that expulsion is inappropriate, due to the particular circumstance:

1. (1) Caused, 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.

2. Possession of any knife, explosive or other dangerous object of no reasonable use to the student at school or at a school activity off school grounds.

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. (Education Code 48915(a))

Upon recommendation by the principal, superintendent, or hearing officer/administrative panel, the Board may order a student expelled upon finding that the student violated the above "Grounds for Expulsion" (1)-(5) or committed any of the following acts:

1. Caused, attempted to cause, or threatened to cause physical injury to another person (Education Code 48900(a)).

2. Possessed, sold or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the student 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. [Education Code 48900(b)].

3. Unlawfully possessed, used, sold or otherwise furnished, or been under the influence of, any controlled substance listed in Chapter 2 (commencing with 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. [Education Code Section 48900(c)].

4. Unlawfully offered, arranged or negotiated to sell any controlled substance listed in Chapter 2 (commencing with 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. [Education Code 48900(d)].

5. Committed or attempted to commit robbery or extortion. [Education Code 48900(e)] And one or both of the following:

a. that other means of correction are not feasible or have repeatedly failed to bring about proper conduct, or

b. that due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others. (Education Code 48900(a)-(e) and 489115(b))

The principal or the superintendent of schools shall immediately suspend pursuant to Education Code 48911 and shall recommend to the governing board the expulsion of a student that he or she determines has committed any of the following acts:

1. Possessing, selling, or otherwise furnishing a firearm except with prior written permission to possess the firearm from a certificated employee, 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 the district.

2. Brandishing a knife at another person.

3. Unlawfully selling a controlled substance listed in Chapter 2 (commencing with 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 48900 or committing a sexual battery as defined in subdivision (n) of 48900.

The governing board shall order a student expelled upon finding that the student committed an act listed in Education Code 48915(c) for a minimum of one year from the date of the expulsion, except that the governing board may set an earlier readmission date on a case-by-case basis, and shall refer that student to a program of study that meets all the following conditions:

1. Is appropriately prepared to accommodate students 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 student at the time of the suspension. (Education Code 48915(c))

The governing board may order a student expelled upon recommendation by the principal, superintendent, hearing officer/administrative panel and upon finding that the student violated any of the following:

1. Caused or attempted to cause damage to school property or private property. [Education Code 48900(f)]

2. Stolen or attempted to steal school property or private property. [Education Code 48900(g)].

3. 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 does not prohibit use or possession by a student of his or her own prescription products. [Education Code 48900(h)].

4. Committed an obscene act or engaged in habitual profanity or vulgarity. [Education Code 48900(i)].

5. 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. [Education Code 48900 (j)].

6. Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, other school officials, or other school personnel engaged in the performance of their duties. [Education Code 48900(k)].

7. Knowingly received stolen school property or private property. [Education Code 48900(1)].

8. 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. [Education Code 48900(m)].

9. Committed sexual harassment as defined in Education Code 212.5. This conduct must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual's academic performance or to create an intimidating, hostile, or offensive educational environment. This subsection shall not apply to students enrolled in kindergarten and grades 1 to 3, inclusive. (Education Code 48900.2).

10. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in subdivision (e) of Education Code 33032.5. This subsection applies to students enrolled in any of grades 4 to 12 inclusive. (Education Code 48900.3)

11. Intentionally engaged in harassment, threats, or intimidation, directed against a student or group of students, 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 that student or group of students by creating an intimidating or hostile education environment. This sub-section applies to students enrolled in any of grades 4 to 12, inclusive. (Education Code Section 48900.4) and either of the following:

a. that other means of correction are not feasible or have repeatedly failed to bring about proper conduct, or

b. that due to the nature of the violation, the presence of the student causes a continuing danger to the physical safety of the student or others.

The governing board shall refer a student who has been expelled pursuant to subsection 2 or 5 to a program of study that meets all the conditions specified in subsection 4. However, students expelled pursuant to subsection 5 may be referred to a comprehensive middle, junior or senior high school, or an elementary school, 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. (Education Code 48900(f)-(m), 48900.2, 48900.3, 48900.4, 48915)

Expulsion: Students with Previously Identified Exceptional Needs (Education Code 48915.5)

Conditions for Expulsion

In a matter involving a student with previously identified exceptional needs who is currently enrolled in a special education program, the governing board may order a student expelled pursuant to Education Code 48915(b) and (d) only if all of the following conditions are met:

1. An individualized education program team meeting is held and conducted pursuant to Article 3 (commencing with 56340) of Chapter 2 of Part 30 of the Education Code.

2. The team determines that the misconduct was not caused by, or was not a direct manifestation of, the student's identified disability.

3. The team determines that the student had been appropriately placed at the time the misconduct occurred. (Education Code 48915.5 (a))

Exception to Parental Consent

All applicable procedural safeguards prescribed by federal and state laws and regulations apply to proceedings to expel students with previously identified exceptional needs, except that notwithstanding 56321, subdivision (e) of 56506, or any other provision of law, parental consent is not required prior to conducting a pre-expulsion educational assessment pursuant to subdivision 4 or as a condition of the final decision of the local board to expel. (Education Code 48915.5(b))

Notice to Parents

The parent of each student with previously identified exceptional needs has the right to participate in the individualized education program team meeting following the completion of a pre-expulsion 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 student's pre-expulsion 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 student for the period of postponement if the student 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 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 48915.5(d))

Decision Based on Preexpulsion Educational Assessment

In determining whether a student should be expelled, the individualized education program team shall base its decision on the results of a preexpulsion 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 student's placement at the time of the alleged misconduct, and a determination of the relationship, if any, between the student'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 student'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 student 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 56329 applies despite the fact that the student has been referred for expulsion. (Education Code 48915.5(e))

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 student's disability, and if it is determined that the student was appropriately placed, the student shall be subject to the applicable disciplinary actions and procedures prescribed under this Student Suspension/Expulsion Policy. (Education Code 48915.5(f))

Appeal of Decision of IEP Team

The parent of each student 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 or if the parent disagrees with the decision to rely upon information obtained, or proposed to be obtained. (Education Code 48915.5(g))

Extension of Timelines Pending Appeal

No hearing shall be conducted for an individual with exceptional needs until all of the following have occurred:

1. A pre-expulsion assessment is conducted.

2. The individualized education program team meets pursuant to subdivision (a).

3. 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 48918, the statutory times prescribed for expulsion proceedings for individuals with exceptional needs shall commence after the completion of paragraphs 1, 2, and 3, above. (Education Code 48915.5(i))

Transportation

If an individual with exceptional needs is excluded from school bus transportation, the student is entitled to be provided with an alternative form of transportation at no cost to the student or parent. (Education Code 48915.5(j))

Exceptions

The restrictions and special procedures provided in Section 48915.5 for the expulsion of a student with exceptional needs shall not apply when the student possessed a firearm, knife, explosive, or other dangerous object of no reasonable use to the student, or the student 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.

Expulsion: Procedures

Recommendation to Board of Education

Where the principal or superintendent recommends to the governing board the expulsion of a student, he will prepare a report of the case to include:

1. The student's academic and attendance records. Transcript of grades/credit to date will be required for secondary students.

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 student's previous misbehavior and the effect the corrective action has had on the student.

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 student's behavior.

6. A copy of the summary of the final parent-student-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 student's return to school.

This report may be used by the Board in determining disciplinary action should it find that the student committed any of the acts enumerated in "Grounds for Expulsion".

A copy of the report shall be provided the student and student's parent/guardian.

Student's Right to Hearing

An expulsion hearing shall be held within thirty schooldays after the date the principal or the superintendent of schools determines the student has committed any of the acts enumerated in Education Code 48900 et seq.

The student 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 48918(a))

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 48918(a))

Written Notice of the Hearing (Education Code 48918(b))

Written notice of the hearing shall be forwarded to the student and the student's parent/guardian at least ten calendar days prior to the date of the hearing. Such notice shall include:

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 disciplinary rules of the district which relate to the alleged violation.

4. A notice of the parent, guardian or student's obligation pursuant to subdivision (b) of Section 48915.1 to notify any other school district in which the student attempts to enroll of the student's suspension for an offense listed in Section 48915.

5. The opportunity of the student or the student's parent/guardian to:

a. appear in person or to employ and be represented by legal counsel or by a nonattorney adviser.

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.

d. question all evidence presented, and present oral documentary evidence on the student's behalf, including witnesses.

6. In a hearing in which a student 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.

Conduct of Hearing

Closed Session:

Notwithstanding the provisions of Government Code 54953 and Education Code Section 35145, the governing board shall conduct a hearing to consider the expulsion of the student in a session closed to the public, unless the student 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 student should be expelled. The parent/guardian of the student, the student, and the counsel of the student, shall be allowed to attend the closed session if the governing board admits any other person to the closed session. (Education Code 48918(c))

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 48918(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 48918(c))

Failure to Make Objections:

If the student, 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.

Presentation of Evidence:

Upon a finding that good cause exists the governing board or hearing officer/administrative panel 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. Copies of these sworn declarations, which are edited to delete the name and identity of the witness, shall be made available to the student. (Education Code 48918(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 the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding except as provided in the above paragraph "Failure to Make Objections" or unless it would be admissible over objection in a civil action. The decision of the governing board to expel shall be based upon the substantial evidence showing that the student committed any of the above acts enumerated in "Grounds for Expulsion". (Education Code 48918(h))

Hearings Which Include Section 48900(n) Allegations.

In hearings which include an allegation 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, evidence of specific instances, of a complaining witness' prior sexual conduct is to be presumed inadmissible and shall not be heard absent a determination by the person conducting the hearing that extraordinary circumstances exist requiring the evidence be heard. Before the person conducting the hearing makes the determination on whether extraordinary circumstances exist requiring that specific instances of a complaining witness' prior sexual conduct be heard, the complaining witness shall be provided notice and an opportunity to present opposition to the introduction of the evidence. In the hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented by a parent, guardian, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of the complaining witness is not admissible for any purpose.

Subpoenas:

Before the hearing has commenced, the governing board may issue subpoenas at the request of the either the superintendent or the superintendent's designee or the student. Subpoenas shall only be issued for the personal appearance of percipient witnesses at the hearing. After the hearing has commenced, the governing board, hearing officer or administrative panel may issue subpoenas at the request of the superintendent, superintendent's designee or the student. All subpoenas shall be issued in accordance with Sections 1985, 1985.1, and 1985.2 of the Code of Civil Procedure. Enforcement of subpoenas shall be done in accordance with Section 11525 of the Government Code.

Any objection raised by the superintendent or the superintendent's designee or the student to the issuance of subpoenas may be considered by the governing board in closed session, or in open session, if so requested by the student before the meeting. Any decision by the governing board in response to an objection to the issuance of subpoenas shall be final and binding.

If the governing board, hearing officer, or administrative panel determines, in accordance with subdivision (f) of Section 48918, that a percipient witness would be subject to an unreasonable risk of harm by testifying at the hearing, a subpoena shall not be issued to compel the personal attendance of that witness at the hearing. However, that witness may be compelled to testify by means of a sworn declaration as provided for in subdivision (f).

Service of process shall be extended to all parts of the state and shall be served in accordance with Section 1987 of the Code of Civil Procedure. All witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the state or any political subdivision thereof, shall receive fees, and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage in the same amount and under the same circumstances as prescribed for witnesses in civil actions in a superior court. Fees and mileage shall be paid by the party at whose request the witness is subpoenaed.

Final Action By Board of Education:

Whether the student expulsion hearing is conducted in closed or public session, by the governing board or by a hearing officer/administrative panel, the final action to expel shall be taken by the governing board at a public session. (Education Code 48918(i))

Time of Decision:

The decision of the governing board, if it conducts the expulsion hearing, whether to expel a student shall be made within 10 schooldays following the conclusion of the hearing, unless the student requests in writing the decision be postponed.

If the governing board does not conduct the hearing or if the governing board does not meet on a weekly basis, the decision of the governing board whether to expel a student shall be made within 40 schooldays after the date of the student's removal from his or her school of attendance for the incident on which the expulsion is based, unless the student requests in writing that the decision be postponed. (Education Code 48918(a))

Maintenance of Records:

The governing board will maintain a record of each expulsion, including the cause therefor, in the form of an ongoing log of student expulsions. The log shall contain the following information: the school attended by the expelled student, the date of the expulsion hearing, the cause for expulsion, and the date set for applying for readmission. However, the log shall not identify the expelled student by name. The log shall be made available to the public in the District's administration office. The expulsion order shall be maintained in the student's mandatory interim record and sent to any school in which the student subsequently enrolls upon a request by the admitting school for the student's school record. (Education Code 48918(j))

Written Notice to Expel

Written notice of the decision to expel or to suspend the enforcement of an expulsion order shall be sent to the student or student's parent/guardian by the superintendent or the superintendent's designee. Such notice shall include notice of the right to appeal such expulsion to the county board of education, a notice of the education alternative placement to be provided to the student during the time of expulsion and of the parent, guardian or student's obligation pursuant to subdivision (b) of Section 48915.1, upon the student's enrollment in a new school district, to inform that school district of the student's expulsion. The student and student's parent/guardian shall be notified at the time the expulsion order is entered of the procedure for filing and processing a request for readmission, and the process for the required review of all expelled students for readmission. Notwithstanding the completion of the readmission process, the governing board may deny readmission. (Education Code 48916, 48918(j))

Special Rules and Regulations For Hearings Involving Allegations Pursuant to 48900(n).

At the time that the expulsion hearing is recommended, the complaining witness shall be provided with a copy of the applicable disciplinary rules and advised of his or her right to: (1) receive five days' notice of the complaining witness's scheduled testimony at the hearing, (2) have up to two adult support persons of his or her choosing, present in the hearing at the time he or she testifies; and (3) to have the hearing closed during the time they testify pursuant to subdivision (c) of Section 48918.

An expulsion hearing may be postponed for one schoolday in order to accommodate the special physical, mental, or emotional needs of a student who is the complaining witness where the allegations arise under subdivision (n) of Section 48900.

The district shall provide a non-threatening environment for a complaining witness in order to better enable them to speak freely and accurately of the experiences that are the subject of the expulsion hearing, and to prevent discouragement of complaints. The district shall provide a room separate from the hearing room for the use of the complaining witness prior to and during breaks in testimony. In the discretion of the person conducting the hearing, the complaining witness shall be allowed reasonable periods of relief from examination and cross-examination during which he or she may leave the hearing room. The person conducting the hearing may arrange the seating within the hearing room of those present in order to facilitate a less intimidating environment for the complaining witness. The person conducting the hearing may limit the time for taking the testimony of a complaining witness to the hours he or she is normally in school, if there is no good cause to take the testimony during other hours. The person conducting the hearing may permit one of the complaining witness's support persons to accompany him or her to the witness stand.

Whenever any allegation is made of conduct violative of subdivision (n) of Section 48900, complaining witnesses and accused students are to be advised immediately to refrain from personal or telephonic contact with each other during the pendency of any expulsion process.

Alternative Hearing By Hearing Officer or Panel

In lieu of conducting an expulsion hearing itself, the governing board may contract with the county hearing officer, or with the Office of Administrative Hearings of the State of California for a hearing officer to conduct the hearing. Alternatively, the board may appoint an impartial administrative panel composed of three or more certificated personnel, none of whom shall be members of the Board of Education or employed on the staff of the school in which the student is enrolled. (Education Code 48918(d) and (f))

Within three school days following the hearing, the hearing officer or administrative panel shall determine whether to recommend the expulsion of the student to the governing board. If the hearing officer or administrative panel decides not to recommend expulsion, the expulsion proceedings shall be terminated and the student shall immediately be reinstated, or permitted to return to a classroom instructional program, any other instructional program, a rehabilitation program, or any combination of these programs. Placement in one or more of these programs shall be made by the superintendent or the superintendent's designee after consultation with school district personnel, including the student's teachers, and the student's parent or guardian. The decision not to recommend expulsion shall be final. (Education Code 48918(e))

If the hearing officer or administrative panel recommends expulsion, findings or fact in support of the recommendation shall be prepared and submitted to the governing board. All findings of facts and recommendations shall be based solely on the evidence adduced at the hearing. If the governing board accepts the recommendation calling for expulsion, acceptance shall be based either upon a review of the findings of fact and recommendations submitted by the hearing officer or panel or upon the results of any supplementary hearing that the governing board may order. (Education Code 48918(f))

A hearing conducted by the hearing officer or administrative panel shall be conducted in accordance with "Conduct of Hearing". (Education Code 48918(d))

Expulsion: Readmission; Rehabilitation Plan (Education Code 48916, 48918(e))

Upon the hearing officer's administrative panel's recommendation against expulsion, or following the governing board's own decision after the hearing not to expel, the student shall be reinstated immediately to a classroom instructional program, rehabilitation program or any combination of such programs by the superintendent or superintendent's designee after consultation with district personnel including the student's teacher(s) and the parent/guardian of the student. (Education Code 48918(e))

An expulsion order shall remain in effect until the governing board orders the readmission of the student. At the time the governing board orders expulsion of a student 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 student shall be reviewed for readmission to a school maintained by the district or to the school the student last attended. For students expelled pursuant to 48915(c) the earliest date for readmission shall be one-year from the date the expulsion occurred, except that the governing board may set an earlier readmission date on a case-by-case basis. At the time of the expulsion order the governing board shall recommend a plan for rehabilitation for the student, which may include, but is not limited to:

1. Periodic review and assessment at the time of review for readmission.

2. Recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service and/or other rehabilitation programs.

3. With parental/guardian consent, enrollment in a county-supported drug rehabilitation program if the offense was related to controlled substances as defined in Sections 11054 to 11058, inclusive of the Health and Safety Code, or alcohol. (Education Code 48916.5)

A written request for review of expulsion action and request for readmission shall be submitted by the parent/guardian to the superintendent or the superintendent's designee.

The superintendent or the superintendent's designee will hold a conference with the parent/guardian and the student. At the conference the conditions for readmission will be reviewed and verification obtained that the conditions have been met. School regulations will be reviewed and the student and the student's parent/guardian will be asked to indicate in writing their willingness to comply with the regulations.

The superintendent will transmit the request to the governing board for consideration together with the superintendent's recommendation. The governing board may consider the request in closed session, however, the consideration will be in open session if a written request for open session is received from the student or the student's parent/guardian. The governing board shall readmit the student, unless the governing board makes a finding that the student has not met the conditions of the rehabilitation plan or continues to pose a danger to campus safety or to other students or employees of the district.

If the governing board denies the readmission of an expelled student pursuant to paragraph 5, above, the governing board shall make a determination either to continue the placement of the student in the alternative educational program initially selected for the student, or to place the student in another program that may include, but need not be limited to, serving expelled students, including placement in county community school.

The superintendent will notify the student or the student's parent/guardian, by registered or certified mail, or by personal delivery, of the decision of the governing board regarding readmission of the student in school. If the governing board denies readmission, the written notice shall include the reasons for denying readmittance and the determination of the educational program placement made by the governing board. The expelled student shall enroll in that program unless the parent or guardian of the student elects to enroll the student in another school district.

Expulsion: Suspension of Expulsion (Education Code 48917)

Suspension of the Expulsion:

The governing board, upon voting to expel a student, may suspend the enforcement of the expulsion order for not more than one calendar year. The governing board's criteria for suspending the enforcement of an expulsion order shall be applied equally to all students including individuals with exceptional needs.

Conditions of Suspension of Expulsion Order

As a condition of the suspension of the expulsion order, the governing board may assign the student to a school, class or program which it deems appropriate for the student's rehabilitation. The rehabilitation program may provide for the involvement of the student's parent or guardian in his or her child's education in ways that are specified in the program. Refusal by the parent or guardian to participate in the rehabilitation program shall not be considered in the governing board's determination as to whether the student has satisfactorily completed the program.

During this period of suspension of the expulsion order, the student shall be on probationary status.

The suspension of the expulsion order may be revoked by the governing board upon the student's commission of any of the acts enumerated in Education Code 48900 or 48900.2, or for any violation of the district's rules and regulations governing student conduct.

Revocation of Expulsion Order: Upon revocation of the suspension of an expulsion order, a student may be expelled under the terms of the original expulsion order.

Readmission of Student: Upon satisfactory completion of the rehabilitation assignment of a student, the governing board shall reinstate the student in a school or the district and may order the expungement of any or all records of the expulsion proceedings.

Expulsion: Right to Appeal

The student or the student's parent/guardian is entitled to file an appeal of the decision of the governing board to the county board of education.

The appeal must be filed within thirty days following the decision of the governing board to expel, even if the expulsion order is suspended and the student is placed on probationary status. (Education Code Sections 48917 and 48919)

Expelled Individuals, Enrollment (Education Code Section 48915.1, 48915.2)

A student 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 community school pursuant to subdivision (c) of Section 1981, a juvenile court school, as described in Section 48645.1, or a community day school pursuant to Section 48660 et seq. (Education Code 48915.2)

If the governing board 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 students 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 students as described in Section 48918 and this policy. The 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.

If a student has been expelled from his or her previous school for offenses other than those listed in subdivision (a) or (c) of Section 48915, the parent, guardian, or student, if the student is emancipated or otherwise legally of age, shall, upon enrollment, inform the 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 student was expelled from the previous school, the lack of compliance shall be recorded and discussed in the hearing, as required above.

The governing board 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 students or employees of the school district.

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.

Notwithstanding any other provision of law, the governing board, 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 students 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 of the Education Code (commencing with Section 46600) (Education Code 48915.1)

After a determination has been made, pursuant to a hearing, 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 students or employees of the school district, the Board of Education may permit the individual to enroll in a school in the school district after the term of the expulsion, subject to the following conditions:

1. He/she has established legal residence in the school district, pursuant to Section 48200.

2. He/she has enrolled in the school pursuant to an interdistrict agreement executed between the affected school districts pursuant to Chapter 5 of the Education Code (commencing with Section 46600). (Education Code 48915.1, 48915.2)

Legal Reference:

CIVIL CODE

1714.1 Parental liability for child's misconduct

EDUCATION CODE

35146 Closed sessions

35291 Rules

35291.5-35291.7 School-adopted discipline rules

32280-32288 School safety plans

37223 Weekend classes

44807.5 Restriction from recess

48900-48926 Suspension and expulsion

48980-48985 Notification of parents or guardians

49000-49001 Prohibition of corporal punishment

49330-49335 Injurious objects

CODE OF REGULATIONS, TITLE 5

307 Participation in school activities until departure of bus

353 Detention after school

Management Resources:

CSBA PUBLICATIONS

Protecting Our Schools: Governing Board Strategies to Combat School Violence, 1999

CDE PROGRAM ADVISORIES

1010.89 Physical Exercise as Corporal Punishment, CIL 89/9-3

1223.88 Corporal Punishment, CIL: 88/9-5

WEB SITES

CDE: http://www.cde.ca.gov

USDOE: http://www.ed.gov

Policy PETALUMA CITY SCHOOLS

adopted: June 25, 2002 Petaluma, California

revised: September 9, 2003