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District Policies

Viewing Policy: BP 5131 – Conduct

BP 5131




The San Benito County Office of Education (SBCOE) believes that all students have the right to be educated in a positive learning environment free from disruptions.  Students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with the school program while on school grounds, going to or coming from school, at school activities, or using SBCOE transportation.


The Superintendent or designee shall ensure that each school develops standards of conduct and discipline consistent with Board policies and administrative regulations.  Students and parents/guardians shall be notified of SBCOE school rules related to conduct.


Prohibited student conduct includes, but is not limited to:


  1. Conduct that endangers students, staff, or others, including, but not limited to, physical violence, possession of a firearm or other weapon, and terrorist threats


  1. Discrimination, harassment, intimidation, or bullying of students or staff, including sexual harassment, hate-motivated behavior, cyberbullying, hazing or initiation activity,           extortion, or any other verbal, written, or physical conduct that causes or threatens to   cause violence, bodily harm, or substantial disruption


  1. Conduct that disrupts the orderly classroom or school environment


  1. Willful defiance of staff’s authority


  1. Damage to or theft of property belonging to students, staff, or the district


The SBCOE shall not be responsible for students’ personal belongings which are brought on campus or to a school activity and are lost, stolen, or damaged.


  1. Obscene acts or use of profane, vulgar, or abusive language


  1. Possession, use, or being under the influence of tobacco, alcohol, or other prohibited drugs


  1. Possession or use of a laser pointer, unless for a valid instructional or other school-related purpose (Penal Code 417.27)


Prior to bringing a laser pointer on school premises for a valid instructional or school-         related purpose, a student shall obtain permission from the principal or designee.


  1. Use of a cellular/digital telephone or other mobile communications device during instructional time




Such devices shall be turned off in class, except when being used for a valid instructional             or other school-related purpose as determined by the teacher or other SBCOE employee,    and at any other time directed by a SBCOE employee. Any device with camera, video, or       voice recording function shall not be used in any manner which infringes on the privacy            rights of any other person.


No student shall be prohibited from possessing or using an electronic signaling device       that is determined by a licensed physician or surgeon to be essential for the student’s   health and the use of which is limited to purposes related to the student’s health.         (Education Code 48901.5)


  1. Plagiarism or dishonesty on school work or tests


  1. Inappropriate attire


  1. Tardiness or unexcused absence from school


  1. Failure to remain on school premises in accordance with school rules


Employees are expected to provide appropriate supervision to enforce standards of conduct and, if they observe or receive a report of a violation of these standards, to immediately intervene or call for assistance. If an employee believes a matter has not been resolved, he/she shall refer the matter to his/her supervisor or an administrator for further investigation.


When a school official suspects that a search of a student or his/her belongings will turn up evidence of the student’s violation of the law or school rules, such a search shall be conducted in accordance with BP/AR 5145.12 – Search and Seizure.


When a student uses any prohibited device, or uses a permitted device in any unethical or illegal activity, a SBCOE employee may confiscate the device.  The employee shall store the item in a secure manner until an appropriate time.


Students who violate SBCOE school rules and regulations may be subject to discipline including, but not limited to, suspension, expulsion, transfer to alternative programs, referral to a student success team or counseling services, or denial of participation in extracurricular or cocurricular activities or other privileges in accordance with Board policy and administrative regulation.  The Superintendent or designee shall notify local law enforcement as appropriate.


Students also may be subject to discipline, in accordance with law, Board policy, or administrative regulation, for any off-campus conduct during nonschool hours which poses a threat or danger to the safety of students, staff, or district property, or substantially disrupts school activities.




Legal Reference:


200-262.4  Prohibition of discrimination

32280-32289  Comprehensive safety plan

35181  Governing board authority to set policy on responsibilities of students

35291-35291.5  Rules

44807  Duty concerning conduct of students

48900-48925  Suspension and expulsion

51512  Prohibition against electronic listening or recording device in classroom without permission


1714.1  Liability of parents and guardians for willful misconduct of minor


288.2  Harmful matter with intent to seduce

313  Harmful matter

417.25-417.27  Laser scope or laser pointer

647  Use of camera or other instrument to invade person’s privacy; misdemeanor

653.2  Electronic communication devices, threats to safety


23123-23124  Prohibitions against use of electronic devices while driving


300-307  Duties of students


2000h-2000h6 Title IX, 1972 Education Act Amendments


J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094

LaVine v. Blaine School District, (2000, 9th Cir.) 257 F.3d 981

Emmett v. Kent School District No. 415, (2000) 92 F.Supp. 1088

Bethel School District No. 403 v. Fraser, (1986) 478 U.S. 675

New Jersey v. T.L.O., (1985) 469 U.S. 325

Tinker v. Des Moines Independent Community School District, (1969) 393 U.S. 503


Policy Adopted: 5-10-18