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Viewing Policy: BP 5179 – Suspension And Expulsion/Due Process



BP 5179

Students

Suspension And Expulsion/Due Process

 

 

The San Benito County Board of Education (County Board) desires to provide San Benito County Office of Education (SBCOE) students access to educational opportunities in an orderly school environment that protects their safety and security, ensures their welfare and well-being, and promotes their learning and development. The Superintendent or designee shall develop rules and regulations setting the standards of behavior expected of SBCOE students and the disciplinary processes and procedures for addressing violations of those standards, including suspension and/or expulsion.

 

The grounds for suspension and expulsion and the procedures for considering, recommending, and/or implementing suspension and expulsion shall be only those specified in law, in this policy, and in the accompanying administrative regulation.

 

Except when otherwise permitted by law, a student may be suspended or expelled only when his/her behavior is related to a school activity or school attendance occurring within any SBCOE school or another school district, regardless of when it occurs, including, but not limited to, the following:  (Education Code 48900(s))

 

  1. While on school grounds

 

  1. While going to or coming from school

 

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

 

  1. During, going to, or coming from a school-sponsored activity

 

 

SBCOE staff shall enforce the rules concerning suspension and expulsion of students fairly, consistently, equally, and in accordance with the SBCOE’s nondiscrimination policies.

 

Appropriate Use of Suspension Authority

 

Except when a student’s act violates Education Code 48900(a)-(e), as listed in items #1-5 under “Grounds for Suspension and Expulsion: Grades K-12” of the accompanying administrative regulation, or when his/her presence causes a danger to others, suspension shall be used only when other means of correction have failed to bring about proper conduct. (Education Code 48900.5, 48900.6)

 

A student’s parents/guardians shall be notified as soon as possible when there is an escalating pattern of misbehavior that could lead to on-campus or off-campus suspension.

 

No student may be suspended for disruption or willful defiance, except by a teacher pursuant to Education Code 48910.  (Education Code 48900)

 

 

Students shall not be suspended or expelled for truancy, tardiness, or absenteeism from assigned school activities.

 

On-Campus Suspension

 

To ensure the proper supervision and ongoing learning of students who are suspended for any of the reasons enumerated in Education Code 48900 and 48900.2, but who pose no imminent danger or threat to anyone at school and for whom expulsion proceedings have not been initiated, the Superintendent or designee shall establish a supervised suspension classroom program which meets the requirements of law.

 

Except where a supervised suspension is permitted by law for a student’s first offense, supervised suspension shall be imposed only when other means of correction have failed to bring about proper conduct.  (Education Code 48900.5)

 

Authority to Expel

 

A student may be expelled only by the District Board.  (Education Code 48918(j))

 

As required by law, the Superintendent or principal shall recommend expulsion and the District Board shall expel any student found to have committed any of the following “mandatory recommendation and mandatory expulsion” acts at school or at a school activity off school grounds:  (Education Code 48915)

 

  1. Possessing a firearm which is not an imitation firearm, as verified by a certificated employee, unless the student had obtained prior written permission to possess the item from a certificated school employee, with the principal or designee’s concurrence

 

  1. Selling or otherwise furnishing a firearm

 

  1. Brandishing a knife at another person

 

  1. Unlawfully selling a controlled substance listed in Health and Safety Code 11053-11058

 

  1. Committing or attempting to commit a sexual assault as defined in Penal Code 261, 266c, 286, 288, 288a, or 289, or committing a sexual battery as defined in Penal Code 243.4

 

  1. Possessing an explosive as defined in 18 USC 921

 

For all other violations listed in the accompanying administrative regulation under “Grounds for Suspension and Expulsion: Grades K-12” and “Additional Grounds for Suspension and Expulsion: Grades 4-12,” the Superintendent or principal shall have the discretion to recommend expulsion of a student. If expulsion is recommended, the District Board shall order the student expelled only if it makes a finding of either or both of the following:  (Education Code 48915(b) and (e))

 

  1. That other means of correction are not feasible or have repeatedly failed to bring about proper conduct

 

  1. 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

 

A vote to expel a student shall be taken in an open session of a District Board meeting.

 

The District Board may vote to suspend the enforcement of the expulsion order pursuant to the requirements of law and the accompanying administrative regulation.  (Education Code 48917)

 

No student shall be expelled for disruption or willful defiance.  (Education Code 48900)

 

Due Process

 

The District Superintendent of designee  shall provide for the fair and equitable treatment of students facing suspension and/or expulsion by affording them their due process rights under the law. The Superintendent or designee shall comply with procedures for notices, hearings, and appeals as specified in law and administrative regulation.  (Education Code 48911, 48915, 48915.5, 48918)

 

Maintenance and Monitoring of Outcome Data

 

The SBCOE shall annually present to the County Board a report of the outcome data which the district is required to collect pursuant to Education Code 48900.8 and 48916.1, including the number of students recommended for expulsion, the grounds for each recommended expulsion, the actions taken by the District Board, the types of referral made after each expulsion, and the disposition of the students after the expulsion period.

 

In presenting the report to the County Board, the Superintendent or designee shall disaggregate data on suspensions and expulsions by school and by numerically significant student subgroups, including, but not limited to, ethnic subgroups, socioeconomically disadvantaged students, English learners, foster youth, homeless youth, and students with disabilities.

 

 

Legal Reference:

EDUCATION CODE

212.5  Sexual harassment

233  Hate violence

1981-1981.5  Enrollment of students in community school

17292.5  Program for expelled students

32261  Interagency School Safety Demonstration Act of 1985

35145  Open board meetings

35146  Closed sessions (regarding suspensions)

35291  Rules (for government and discipline of schools)

35291.5  Rules and procedures on school discipline

48645.5  Readmission; contact with juvenile justice system

48660-48666  Community day schools

48853.5  Foster youth

48900-48927  Suspension and expulsion

48950  Speech and other communication

48980  Parental notifications

49073-49079  Privacy of student records

52060-52077  Local control and accountability plan

CIVIL CODE

47  Privileged communication

48.8  Defamation liability

CODE OF CIVIL PROCEDURE

1985-1997  Subpoenas; means of production

GOVERNMENT CODE

11455.20  Contempt

54950-54963  Ralph M. Brown Act

HEALTH AND SAFETY CODE

11014.5  Drug paraphernalia

11053-11058  Standards and schedules

LABOR CODE

230.7  Discharge or discrimination against employee for taking time off to appear in school on behalf of a child

PENAL CODE

31  Principal of a crime, defined

240  Assault defined

241.2  Assault fines

242  Battery defined

243.2  Battery on school property

243.4  Sexual battery

245  Assault with deadly weapon

245.6  Hazing

261  Rape defined

266c  Unlawful sexual intercourse

286  Sodomy defined

288  Lewd or lascivious acts with child under age 14

288a  Oral copulation

289  Penetration of genital or anal openings

417.27  Laser pointers

422.55  Hate crime defined

422.6  Interference with exercise of civil rights

422.7  Aggravating factors for punishment

422.75  Enhanced penalties for hate crimes

626.2  Entry upon campus after written notice of suspension or dismissal without permission

626.9  Gun-Free School Zone Act of 1995

626.10  Dirks, daggers, knives, razors, or stun guns

868.5  Supporting person; attendance during testimony of witness

WELFARE AND INSTITUTIONS CODE

729.6  Counseling

UNITED STATES CODE, TITLE 18

921  Definitions, firearm

UNITED STATES CODE, TITLE 20

1415(K)  Placement in alternative educational setting

7151  Gun-free schools

UNITED STATES CODE, TITLE 42

11432-11435  Education of homeless children and youths

COURT DECISIONS

T.H. v. San Diego Unified School District (2004) 122 Cal. App. 4th 1267

Woodbury v. Dempsey (2003) 108 Cal. App. 4th 421

Board of Education of Sacramento City Unified School District v. Sacramento County Board of Education and Kenneth H. (2001) 85 Cal.App.4th 1321

Garcia v. Los Angeles Board of Education (1991) 123 Cal. App. 3d 807

Fremont Union High School District v. Santa Clara County Board (1991) 235 Cal. App. 3d 1182

John A. v. San Bernardino School District (1982) 33 Cal. 3d 301

ATTORNEY GENERAL OPINIONS

84 Ops.Cal.Atty.Gen. 146 (2001)

80 Ops.Cal.Atty.Gen. 348 (1997)

80 Ops.Cal.Atty.Gen. 91 (1997)

80 Ops.Cal.Atty.Gen. 85 (1997)

 

Policy Adopted: 6-14-18