EDUCATION CODE
SECTION 48900-48927

 
 
 
 
48900.  A pupil shall not be suspended from school or recommended
for expulsion, unless the superintendent of the school district or
the principal of the school in which the pupil is enrolled determines
that the pupil has committed an act as defined pursuant to any of
subdivisions (a) to (r), inclusive:
   (a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
   (2) Willfully used force or violence upon the person of another,
except in self-defense.
   (b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an object of this type, the pupil 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.
   (c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, a 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.
   (d) Unlawfully offered, arranged, or negotiated to sell a
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 either sold, delivered,
or otherwise furnished to a person another liquid, substance, or
material and represented the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant.
   (e) Committed or attempted to commit robbery or extortion.
   (f) Caused or attempted to cause damage to school property or
private property.
   (g) Stole or attempted to steal school property or private
property.
   (h) Possessed or used tobacco, or products containing tobacco or
nicotine products, including, but not limited to, cigarettes, cigars,
miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or
possession by a pupil of his or her own prescription products.
   (i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
   (j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell drug paraphernalia, as defined in Section 11014.5
of the Health and Safety Code.
   (k) (1) 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.
   (2) Except as provided in Section 48910, a pupil enrolled in
kindergarten or any of grades 1 to 3, inclusive, shall not be
suspended for any of the acts enumerated in this subdivision, and
this subdivision shall not constitute grounds for a pupil enrolled in
kindergarten or any of grades 1 to 12, inclusive, to be recommended
for expulsion. This paragraph shall become inoperative on July 1,
2018, unless a later enacted statute that becomes operative before
July 1, 2018, deletes or extends that date.
   (l) Knowingly received stolen school property or private property.
   (m) 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.
   (n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
   (o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary proceeding
for purposes of either preventing that pupil from being a witness or
retaliating against that pupil for being a witness, or both.
   (p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.
   (q) Engaged in, or attempted to engage in, hazing. For purposes of
this subdivision, "hazing" means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm
to a former, current, or prospective pupil. For purposes of this
subdivision, "hazing" does not include athletic events or
school-sanctioned events.
   (r) Engaged in an act of bullying. For purposes of this
subdivision, the following terms have the following meanings:
   (1)  "Bullying" means any severe or pervasive physical or verbal
act or conduct, including communications made in writing or by means
of an electronic act, and including one or more acts committed by a
pupil or group of pupils as defined in Section 48900.2, 48900.3, or
48900.4, directed toward one or more pupils that has or can be
reasonably predicted to have the effect of one or more of the
following:
   (A) Placing a reasonable pupil or pupils in fear of harm to that
pupil's or those pupils' person or property.
   (B) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.
   (C) Causing a reasonable pupil to experience substantial
interference with his or her academic performance.
   (D) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or benefit
from the services, activities, or privileges provided by a school.
   (2) (A) "Electronic act" means the creation and transmission
originated on or off the schoolsite, by means of an electronic
device, including, but not limited to, a telephone, wireless
telephone, or other wireless communication device, computer, or
pager, of a communication, including, but not limited to, any of the
following:
   (i) A message, text, sound, or image.
   (ii) A post on a social network Internet Web site, including, but
not limited to:
   (I) Posting to or creating a burn page. "Burn page" means an
Internet Web site created for the purpose of having one or more of
the effects listed in paragraph (1).
   (II) Creating a credible impersonation of another actual pupil for
the purpose of having one or more of the effects listed in paragraph
(1). "Credible impersonation" means to knowingly and without consent
impersonate a pupil for the purpose of bullying the pupil and such
that another pupil would reasonably believe, or has reasonably
believed, that the pupil was or is the pupil who was impersonated.
   (III) Creating a false profile for the purpose of having one or
more of the effects listed in paragraph (1). "False profile" means a
profile of a fictitious pupil or a profile using the likeness or
attributes of an actual pupil other than the pupil who created the
false profile.
   (B) Notwithstanding paragraph (1) and subparagraph (A), an
electronic act shall not constitute pervasive conduct solely on the
basis that it has been transmitted on the Internet or is currently
posted on the Internet.
   (3) "Reasonable pupil" means a pupil, including, but not limited
to, an exceptional needs pupil, who exercises average care, skill,
and judgment in conduct for a person of his or her age, or for a
person of his or her age with his or her exceptional needs.
   (s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section unless the act is related to a school
activity or school attendance occurring within a school under the
jurisdiction of the superintendent of the school district or
principal or occurring within any other school district. A pupil may
be suspended or expelled for acts that are enumerated in this section
and related to a school activity or school attendance that occur at
any time, including, but not limited to, any of the following:
   (1) While on school grounds.
   (2) While going to or coming from school.
   (3) During the lunch period whether on or off the campus.
   (4) During, or while going to or coming from, a school-sponsored
activity.
   (t) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may be subject to suspension, but not expulsion,
pursuant to this section, except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline
pursuant to subdivision (a).
   (u) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
   (v) For a pupil subject to discipline under this section, a
superintendent of the school district or principal may use his or her
discretion to provide alternatives to suspension or expulsion that
are age appropriate and designed to address and correct the pupil's
specific misbehavior as specified in Section 48900.5.
   (w) It is the intent of the Legislature that alternatives to
suspension or expulsion be imposed against a pupil who is truant,
tardy, or otherwise absent from school activities.
 
 
 
48900.1.  (a) The governing board of each school district may adopt
a policy authorizing teachers to require the parent or guardian of a
pupil who has been suspended by a teacher pursuant to Section 48910
for reasons specified in subdivision (i) or (k) of Section 48900, to
attend a portion of a schoolday in the classroom of his or her child
or ward. The policy shall take into account reasonable factors that
may prevent compliance with a notice to attend. The attendance of the
parent or guardian shall be limited to the class from which the
pupil was suspended.
   (b) The policy shall be adopted pursuant to the procedures set
forth in Sections 35291 and 35291.5. Parents and guardians shall be
notified of this policy prior to its implementation. A teacher shall
apply any policy adopted pursuant to this section uniformly to all
pupils within the classroom.
   The adopted policy shall include the procedures that the district
will follow to accomplish the following:
   (1) Ensure that parents or guardians who attend school for the
purposes of this section meet with the school administrator or his or
her designee after completing the classroom visitation and before
leaving the schoolsite.
   (2) Contact parents or guardians who do not respond to the request
to attend school pursuant to this section.
   (c) If a teacher imposes the procedure pursuant to subdivision
(a), the principal shall send a written notice to the parent or
guardian stating that attendance by the parent or guardian is
pursuant to law. This section shall apply only to a parent or
guardian who is actually living with the pupil.
   (d) A parent or guardian who has received a written notice
pursuant to subdivision (c) shall attend class as specified in the
written notice. The notice may specify that the attendance of the
parent or guardian be on the day the pupil is scheduled to return to
class, or within a reasonable period of time thereafter, as
established by the policy of the board adopted pursuant to
subdivision (a).
 
 
 
48900.2.  In addition to the reasons specified in Section 48900, a
pupil may be suspended from school or recommended for expulsion if
the superintendent or the principal of the school in which the pupil
is enrolled determines that the pupil has committed sexual harassment
as defined in Section 212.5.
   For the purposes of this chapter, the conduct described in Section
212.5 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 section shall not apply to pupils enrolled in
kindergarten and grades 1 to 3, inclusive.
 
 
 
48900.3.  In addition to the reasons set forth in Sections 48900 and
48900.2, a pupil in any of grades 4 to 12, inclusive, may be
suspended from school or recommended for expulsion if the
superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has caused, attempted to cause,
threatened to cause, or participated in an act of, hate violence, as
defined in subdivision (e) of Section 233.
 
 
 
48900.4.  In addition to the grounds specified in Sections 48900 and
48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may
be suspended from school or recommended for expulsion if the
superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has intentionally engaged in
harassment, threats, or intimidation, directed against school
district personnel or pupils, 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 either school personnel or pupils by creating
an intimidating or hostile educational environment.
 
 
 
48900.5.  (a) Suspension, including supervised suspension as
described in Section 48911.1, shall be imposed only when other means
of correction fail to bring about proper conduct. A school district
may document the other means of correction used and place that
documentation in the pupil's record, which may be accessed pursuant
to Section 49069. However, a pupil, including an individual with
exceptional needs, as defined in Section 56026, may be suspended,
subject to Section 1415 of Title 20 of the United States Code, for
any of the reasons enumerated in Section 48900 upon a first offense,
if the principal or superintendent of schools determines that the
pupil violated subdivision (a), (b), (c), (d), or (e) of Section
48900 or that the pupil's presence causes a danger to persons.
   (b) Other means of correction include, but are not limited to, the
following:
   (1) A conference between school personnel, the pupil's parent or
guardian, and the pupil.
   (2) Referrals to the school counselor, psychologist, social
worker, child welfare attendance personnel, or other school support
service personnel for case management and counseling.
   (3) Study teams, guidance teams, resource panel teams, or other
intervention-related teams that assess the behavior, and develop and
implement individualized plans to address the behavior in partnership
with the pupil and his or her parents.
   (4) Referral for a comprehensive psychosocial or psychoeducational
assessment, including for purposes of creating an individualized
education program, or a plan adopted pursuant to Section 504 of the
federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)).
   (5) Enrollment in a program for teaching prosocial behavior or
anger management.
   (6) Participation in a restorative justice program.
   (7) A positive behavior support approach with tiered interventions
that occur during the schoolday on campus.
   (8) After-school programs that address specific behavioral issues
or expose pupils to positive activities and behaviors, including, but
not limited to, those operated in collaboration with local parent
and community groups.
   (9) Any of the alternatives described in Section 48900.6.
 
 
 
48900.6.  As part of or instead of disciplinary action prescribed by
this article, the principal of a school, the principal's designee,
the superintendent of schools, or the governing board may require a
pupil to perform community service on school grounds or, with written
permission of the parent or guardian of the pupil, off school
grounds, during the pupil's nonschool hours. For the purposes of this
section, "community service" may include, but is not limited to,
work performed in the community or on school grounds in the areas of
outdoor beautification, community or campus betterment, and teacher,
peer, or youth assistance programs. This section does not apply if a
pupil has been suspended, pending expulsion, pursuant to Section
48915. However, this section applies if the recommended expulsion is
not implemented or is, itself, suspended by stipulation or other
administrative action.
 
 
 
48900.7.  (a) In addition to the reasons specified in Sections
48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from
school or recommended for expulsion if the superintendent or the
principal of the school in which the pupil is enrolled determines
that the pupil has made terroristic threats against school officials
or school property, or both.
   (b) For the purposes of this section, "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.
 
 
 
48900.8.  For purposes of notification to parents, and for the
reporting of expulsion or suspension offenses to the department, each
school district shall specifically identify, by offense committed,
in all appropriate official records of a pupil each suspension or
expulsion of that pupil for the commission of any of the offenses set
forth in Section 48900, 48900.2, 48900.3, 48900.4, 48900.7, or
48915.
 
 
 
48900.9.  (a) The superintendent of a school district, the principal
of a school, or the principal's designee may refer a victim of,
witness to, or other pupil affected by, an act of bullying, as
defined in paragraph (1) of subdivision (r) of Section 48900,
committed on or after January 1, 2015, to the school counselor,
school psychologist, social worker, child welfare attendance
personnel, school nurse, or other school support service personnel
for case management, counseling, and participation in a restorative
justice program, as appropriate.
   (b) A student who has engaged in an act of bullying, as defined in
paragraph (1) of subdivision (r) of Section 48900, may also be
referred to the school counselor, school psychologist, social worker,
child welfare attendance personnel, or other school support service
personnel for case management and counseling, or for participation in
a restorative justice program, pursuant to Section 48900.5.
 
 
 
48901.  (a)  No school shall permit the smoking or use of tobacco,
or any product containing tobacco or nicotine products, by pupils of
the school while the pupils are on campus, or while attending
school-sponsored activities or while under the supervision and
control of school district employees.
   (b) The governing board of any school district maintaining a high
school shall take all steps it deems practical to discourage high
school students from smoking.
 
 
48901.5.  (a) The governing board of each school district, or its
designee, may regulate the possession or use of any electronic
signaling device that operates through the transmission or receipt of
radio waves, including, but not limited to, paging and signaling
equipment, by pupils of the school district while the pupils are on
campus, while attending school-sponsored activities, or while under
the supervision and control of school district employees.
   (b) No pupil shall be prohibited from possessing or using an
electronic signaling device that is determined by a licensed
physician and surgeon to be essential for the health of the pupil and
use of which is limited to purposes related to the health of the
pupil.
 
 
 
 
 
48903.  (a) Except as provided in subdivision (g) of Section 48911
and in Section 48912, the total number of days for which a pupil may
be suspended from school shall not exceed 20 schooldays in any school
year, unless for purposes of adjustment, a pupil enrolls in or is
transferred to another regular school, an opportunity school or
class, or a continuation education school or class, in which case the
total number of schooldays for which the pupil may be suspended
shall not exceed 30 days in any school year.
   (b) For the purposes of this section, a school district may count
suspensions that occur while a pupil is enrolled in another school
district toward the maximum number of days for which a pupil may be
suspended in any school year.
 
 
48907.  (a) Pupils of the public schools, including charter schools,
shall have the right to exercise freedom of speech and of the press
including, but not limited to, the use of bulletin boards, the
distribution of printed materials or petitions, the wearing of
buttons, badges, and other insignia, and the right of expression in
official publications, whether or not the publications or other means
of expression are supported financially by the school or by use of
school facilities, except that expression shall be prohibited which
is obscene, libelous, or slanderous. Also prohibited shall be
material that so incites pupils as to create a clear and present
danger of the commission of unlawful acts on school premises or the
violation of lawful school regulations, or the substantial disruption
of the orderly operation of the school.
   (b) The governing board or body of each school district or charter
school and each county board of education shall adopt rules and
regulations in the form of a written publications code, which shall
include reasonable provisions for the time, place, and manner of
conducting such activities within its respective jurisdiction.
   (c) Pupil editors of official school publications shall be
responsible for assigning and editing the news, editorial, and
feature content of their publications subject to the limitations of
this section. However, it shall be the responsibility of a journalism
adviser or advisers of pupil publications within each school to
supervise the production of the pupil staff, to maintain professional
standards of English and journalism, and to maintain the provisions
of this section.
   (d) There shall be no prior restraint of material prepared for
official school publications except insofar as it violates this
section. School officials shall have the burden of showing
justification without undue delay prior to a limitation of pupil
expression under this section.
   (e) "Official school publications" refers to material produced by
pupils in the journalism, newspaper, yearbook, or writing classes and
distributed to the student body either free or for a fee.
   (f) This section does not prohibit or prevent the governing board
or body of a school district or charter school from adopting
otherwise valid rules and regulations relating to oral communication
by pupils upon the premises of each school.
   (g) An employee shall not be dismissed, suspended, disciplined,
reassigned, transferred, or otherwise retaliated against solely for
acting to protect a pupil engaged in the conduct authorized under
this section, or refusing to infringe upon conduct that is protected
by this section, the First Amendment to the United States
Constitution, or Section 2 of Article I of the California
Constitution.
 
 
48910.  (a) A teacher may suspend any pupil from class, for any of
the acts enumerated in Section 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 pupil to the
principal or the designee of the principal for appropriate action. If
that action requires the continued presence of the pupil at the
schoolsite, the pupil shall be under appropriate supervision, as
defined in policies and related regulations adopted by the governing
board of the school district. As soon as possible, the teacher shall
ask the parent or guardian of the pupil to attend a parent-teacher
conference regarding the suspension. If practicable, a school
counselor or a school psychologist may attend the conference. A
school administrator shall attend the conference if the teacher or
the parent or guardian so requests. The pupil shall not be returned
to the class from which he or she was suspended, during the period of
the suspension, without the concurrence of the teacher of the class
and the principal.
   (b) A pupil suspended from a class shall not be placed in another
regular class during the period of suspension. However, if the pupil
is assigned to more than one class per day this subdivision shall
apply only to other regular classes scheduled at the same time as the
class from which the pupil was suspended.
   (c) A teacher may also refer a pupil, for any of the acts
enumerated in Section 48900, to the principal or the designee of the
principal for consideration of a suspension from the school.
 
 
 
48911.  (a) The principal of the school, the principal's designee,
or the district superintendent of schools may suspend a pupil from
the school for any of the reasons enumerated in Section 48900, and
pursuant to Section 48900.5, for no more than five consecutive
schooldays.
   (b) Suspension by the principal, the principal's designee, or the
district superintendent of schools shall be preceded by an informal
conference conducted by the principal, the principal's designee, or
the district superintendent of schools between the pupil and,
whenever practicable, the teacher, supervisor, or school employee who
referred the pupil to the principal, the principal's designee, or
the district superintendent of schools. At the conference, the pupil
shall be informed of the reason for the disciplinary action and the
evidence against him or her, and shall be given the opportunity to
present his or her version and evidence in his or her defense.
   (c) A principal, the principal's designee, or the district
superintendent of schools may suspend a pupil without affording the
pupil an opportunity for a conference only if the principal, the
principal's designee, or the district superintendent of schools
determines that an emergency situation exists. "Emergency situation,"
as used in this article, means a situation determined by the
principal, the principal's designee, or the district superintendent
of schools to constitute a clear and present danger to the life,
safety, or health of pupils or school personnel. If a pupil is
suspended without a conference before suspension, both the parent and
the pupil shall be notified of the pupil's right to a conference and
the pupil's right to return to school for the purpose of a
conference. The conference shall be held within two schooldays,
unless the pupil waives this right or is physically unable to attend
for any reason, including, but not limited to, incarceration or
hospitalization. The conference shall then be held as soon as the
pupil is physically able to return to school for the conference.
   (d) At the time of suspension, a school employee shall make a
reasonable effort to contact the pupil's parent or guardian in person
or by telephone. If a pupil is suspended from school, the parent or
guardian shall be notified in writing of the suspension.
   (e) A school employee shall report the suspension of the pupil,
including the cause for the suspension, to the governing board of the
school district or to the district superintendent of schools in
accordance with the regulations of the governing board of the school
district.
   (f) The parent or guardian of a pupil shall respond without delay
to a request from school officials to attend a conference regarding
his or her child's behavior.
   No penalties shall be imposed on a pupil for failure of the pupil'
s parent or guardian to attend a conference with school officials.
Reinstatement of the suspended pupil shall not be contingent upon
attendance by the pupil's parent or guardian at the conference.
   (g) In a case where expulsion from a school or suspension for the
balance of the semester from continuation school is being processed
by the governing board of the school district, the district
superintendent of schools or other person designated by the district
superintendent of schools in writing may extend the suspension until
the governing board of the school district has rendered a decision in
the action. However, an extension may be granted only if the
district superintendent of schools or the district superintendent's
designee has determined, following a meeting in which the pupil and
the pupil's parent or guardian are invited to participate, that the
presence of the pupil 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 pupil is a foster child,
as defined in Section 48853.5, the district superintendent of
schools or the district superintendent's designee, including, but not
limited to, the educational liaison for the school district, shall
also invite the pupil's attorney and an appropriate representative of
the county child welfare agency to participate in the meeting. If
the pupil or the pupil's parent or guardian has requested a meeting
to challenge the original suspension pursuant to Section 48914, the
purpose of the meeting shall be to decide upon the extension of the
suspension order under this section and may be held in conjunction
with the initial meeting on the merits of the suspension.
   (h) For purposes of this section, a "principal's designee" is one
or more administrators at the schoolsite specifically designated by
the principal, in writing, to assist with disciplinary procedures.
   In the event that there is not an administrator in addition to the
principal at the schoolsite, a certificated person at the schoolsite
may be specifically designated by the principal, in writing, as a
"principal's designee," to assist with disciplinary procedures. The
principal may designate only one person at a time as the principal's
primary designee for the school year.
   An additional person meeting the requirements of this subdivision
may be designated by the principal, in writing, to act for purposes
of this article when both the principal and the principal's primary
designee are absent from the schoolsite. The name of the person, and
the names of any person or persons designated as "principal's
designee," shall be on file in the principal's office.
   This section is not an exception to, nor does it place any
limitation on, Section 48903.
 
 
 
48911.1.  (a) A pupil suspended from a school for any of the reasons
enumerated in Sections 48900 and 48900.2 may be assigned, by the
principal or the principal's designee, to a supervised suspension
classroom for the entire period of suspension if the pupil poses no
imminent danger or threat to the campus, pupils, or staff, or if an
action to expel the pupil has not been initiated.
   (b) Pupils assigned to a supervised suspension classroom shall be
separated from other pupils at the schoolsite for the period of
suspension in a separate classroom, building, or site for pupils
under suspension.
   (c) School districts may continue to claim apportionments for each
pupil assigned to and attending a supervised suspension classroom
provided as follows:
   (1) The supervised suspension classroom is staffed as otherwise
provided by law.
   (2) Each pupil has access to appropriate counseling services.
   (3) The supervised suspension classroom promotes completion of
schoolwork and tests missed by the pupil during the suspension.
   (4) Each pupil is responsible for contacting his or her teacher or
teachers to receive assignments to be completed while the pupil is
assigned to the supervised suspension classroom. The teacher shall
provide all assignments and tests that the pupil will miss while
suspended. If no classroom work is assigned, the person supervising
the suspension classroom shall assign schoolwork.
   (d) At the time a pupil is assigned to a supervised suspension
classroom, a school employee shall notify, in person or by telephone,
the pupil's parent or guardian. Whenever a pupil is assigned to a
supervised suspension classroom for longer than one class period, a
school employee shall notify, in writing, the pupil's parent or
guardian.
   (e) This section does not place any limitation on a school
district's ability to transfer a pupil to an opportunity school or
class or a continuation education school or class.
   (f) Apportionments claimed by a school district for pupils
assigned to supervised suspension shall be used specifically to
mitigate the cost of implementing this section.
 
 
 
48911.2.  (a) If the number of pupils suspended from school during
the prior school year exceeded 30 percent of the school's enrollment,
the school should consider doing at least one of the following:
   (1) Implement the supervised suspension program described in
Section 48911.1.
   (2) Implement an alternative to the school's off-campus suspension
program, which involves a progressive discipline approach that
occurs during the schoolday on campus, using any of the following
activities:
   (A) Conferences between the school staff, parents, and pupils.
   (B) Referral to the school counselor, psychologist, child welfare
attendance personnel, or other school support service staff.
   (C) Detention.
   (D) Study teams, guidance teams, resource panel teams, or other
assessment-related teams.
   (b) At the end of the academic year, the school may report to the
district superintendent in charge of school support services, or
other comparable administrator if that position does not exist, on
the rate of reduction in the school's off-campus suspensions and the
plan or activities used to comply with subdivision (a).
   (c) It is the intent of the Legislature to encourage schools that
choose to implement this section to examine alternatives to
off-campus suspensions that lead to resolution of pupil misconduct
without sending pupils off campus. Schools that use this section
should not be precluded from suspending pupils to an off-campus site.
 
 
48915.  (a) (1) Except as provided in subdivisions (c) and (e), the
principal or the superintendent of schools shall recommend the
expulsion of a pupil for any of the following acts committed at
school or at a school activity off school grounds, unless the
principal or superintendent determines that expulsion should not be
recommended under the circumstances or that an alternative means of
correction would address the conduct:
   (A) Causing serious physical injury to another person, except in
self-defense.
   (B) Possession of any knife or other dangerous object of no
reasonable use to the pupil.
   (C) 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 either of the following:
   (i) The first offense for the possession of not more than one
avoirdupois ounce of marijuana, other than concentrated cannabis.
   (ii) The possession of over-the-counter medication for use by the
pupil for medical purposes or medication prescribed for the pupil by
a physician.
   (D) Robbery or extortion.
   (E) Assault or battery, as defined in Sections 240 and 242 of the
Penal Code, upon any school employee.
   (2) If the principal or the superintendent of schools makes a
determination as described in paragraph (1), he or she is encouraged
to do so as quickly as possible to ensure that the pupil does not
lose instructional time.
   (b) Upon recommendation by the principal or the superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board of
a school district may order a pupil expelled upon finding that the
pupil committed an act listed in paragraph (1) of subdivision (a) or
in subdivision (a), (b), (c), (d), or (e) of Section 48900. A
decision to expel a pupil for any of those acts shall be based on a
finding of one or both of the following:
   (1) Other means of correction are not feasible or have repeatedly
failed to bring about proper conduct.
   (2) Due to the nature of the act, the presence of the pupil causes
a continuing danger to the physical safety of the pupil or others.
   (c) The principal or superintendent of schools shall immediately
suspend, pursuant to Section 48911, and shall recommend expulsion of
a pupil that he or she determines has committed any of the following
acts at school or at a school activity off school grounds:
   (1) Possessing, selling, or otherwise furnishing a firearm. This
subdivision does not apply to an act of possessing a firearm if the
pupil had obtained prior written permission to possess the firearm
from a certificated school employee, which is 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 a school district. The act of possessing an
imitation firearm, as defined in subdivision (m) of Section 48900, is
not an offense for which suspension or expulsion is mandatory
pursuant to this subdivision and subdivision (d), but it is an
offense for which suspension, or expulsion pursuant to subdivision
(e), may be imposed.
   (2) Brandishing a knife at another person.
   (3) Unlawfully selling a controlled substance listed in Chapter 2
(commencing with Section 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 Section 48900 or committing a sexual battery
as defined in subdivision (n) of Section 48900.
   (5) Possession of an explosive.
   (d) The governing board of a school district shall order a pupil
expelled upon finding that the pupil committed an act listed in
subdivision (c), and shall refer that pupil to a program of study
that meets all of the following conditions:
   (1) Is appropriately prepared to accommodate pupils 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 pupil at the
time of suspension.
   (e) Upon recommendation by the principal or the superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board of
a school district may order a pupil expelled upon finding that the
pupil, at school or at a school activity off of school grounds
violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of
Section 48900, or Section 48900.2, 48900.3, or 48900.4, and either of
the following:
   (1) That other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
   (2) That due to the nature of the violation, the presence of the
pupil causes a continuing danger to the physical safety of the pupil
or others.
   (f) The governing board of a school district shall refer a pupil
who has been expelled pursuant to subdivision (b) or (e) to a program
of study that meets all of the conditions specified in subdivision
(d). Notwithstanding this subdivision, with respect to a pupil
expelled pursuant to subdivision (e), 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, and that the only option
for placement is at another comprehensive middle, junior, or senior
high school, or another elementary school, the pupil may be referred
to a program of study that is provided at a comprehensive middle,
junior, or senior high school, or at an elementary school.
   (g) As used in this section, "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.
   (h) As used in this section, the term "explosive" means
"destructive device" as described in Section 921 of Title 18 of the
United States Code.
 
 
48915.5.  (a) An individual with exceptional needs, as defined in
Section 56026, may be suspended or expelled from school in accordance
with Section 1415(k) of Title 20 of the United States Code, the
discipline provisions contained in Sections 300.530 to 300.537,
inclusive, of Title 34 of the Code of Federal Regulations, and other
provisions of this part that do not conflict with federal law and
regulations.
   (b) A free appropriate public education for individuals with
exceptional needs suspended or expelled from school shall be in
accordance with Section 1412(a)(1) of Title 20 of the United States
Code and Section 300.530(d) of Title 34 of the Code of Federal
Regulations.
   (c) If an individual with exceptional needs is excluded from
schoolbus transportation, the pupil is entitled to be provided with
an alternative form of transportation at no cost to the pupil or
parent or guardian provided that transportation is specified in the
pupil's individualized education program.
   (d) If the individual with exceptional needs is a foster child, as
defined in Section 48853.5, and the local educational agency has
proposed a change of placement due to an act for which a decision to
recommend expulsion is at the discretion of the principal or the
district superintendent of schools, the attorney for the individual
with exceptional needs and an appropriate representative of the
county child welfare agency shall be invited to participate in the
individualized education program team meeting that makes a
manifestation determination pursuant to Section 1415(k) of Title 20
of the United States Code. The invitation may be made using the most
cost-effective method possible, which may include, but is not limited
to, electronic mail or a telephone call.
   (e) If the individual with exceptional needs is a homeless child
or youth, as defined in Section 11434a(2) of Title 42 of the United
States Code, and the local educational agency has proposed a change
of placement due to an act for which a decision to recommend
expulsion is at the discretion of the principal or the district
superintendent of schools, the local educational agency liaison for
homeless children and youth designated pursuant to Section 11432(g)
(1)(J)(ii) of Title 42 of the United States Code shall be invited to
participate in the individualized education program team meeting that
makes a manifestation determination pursuant to Section 1415(k) of
Title 20 of the United States Code. The invitation may be made using
the most cost-effective method possible, which may include, but is
not limited to, electronic mail or a telephone call.