Legal Resources | Title 5 | 11992
Subchapter 23. Defining Persistently Dangerous Public Elementary And Secondary Schools. Provisions.
(a) A California public elementary or secondary school is "persistently dangerous" if, in each of three consecutive fiscal years, one of the following criteria has been met:
(1) For a school of fewer than 300 enrolled students, the number of incidents of firearm violations committed by non-students on school grounds during school hours or during a school-sponsored activity, plus the number of student expulsions for any of the violations delineated in subsection (b) is greater than three.
(2) For a larger school, the number of incidents of firearm violations committed by non-students on school grounds during school hours or during a school-sponsored activity, plus the number of student expulsions for any of the violations delineated in subsection (b) is greater than one per 100 enrolled students or a fraction thereof.
(b) Applicable violations include:
(1) Assault or battery upon a school employee (Education Code section 48915(a)(5));
(2) Brandishing a knife (Education Code section 48915(c)(2));
(3) Causing serious physical injury to another person, except in self-defense (Education Code section 48915(a)(1));
(4) Hate violence (Education Code section 48900.3);
(5) Possessing, selling or furnishing a firearm (Education Code section 48915(c)(1));
(6) Possession of an explosive (Education Code section 48915(c)(5));
(7) Robbery or extortion (Education Code section 48915(a)(4));
(8) Selling a controlled substance (Education Code section 48915(c)(3)); and
(9) Sexual assault or sexual battery (Education Code section 48915(c)(4)).
(c) In instances where a student committed a violation enumerated in subsection (b) for which expulsion proceedings would have been instituted, but is no longer a student and therefore cannot be expelled, that violation must be reported in the total number of incidents and expulsions referenced in subsection (a).
Authority cited:
Education Code 33031
Reference:
Education Code 48900.3
Education Code 48915(a)(1)
Education Code 48915(a)(4)
Education Code 48915(a)(5)
Education Code 48915(c)(1)
Education Code 48915(c)(2)
Education Code 48915(c)(3)
Education Code 48915(c)(4)
Education Code 48915(c)(5
Public Law 107-110, Title IX, Part E, Subpart 2, Section 9532;
20 USC 7912
(Added Register 2005, No. 25.)