Jurisdiction
Who is given authority to suspend students under §§48900 and 48911 of Ca Ed Code?
The superintendent, the principal, or the principal's designee (a certificated staff member).
True or false - a student may be suspended or recommended for school for chronic truancy.
False
True or False - a high school student may be recommended for expulsion for violation of §48900.
True.
When an administrator decides to suspend a student, what must happen at the suspension conference?
Inform pupil of reason for disciplinary action and evidence against them, including the other means of correction that were attempted prior to the suspension;
Give pupil opportunity to present their version and evidence
What is a change of placement?
A removal of more than 10 consecutive school days (When a student is recommended for expulsion, or a 45 day removal to an IAES)
A series of removals that constitute a pattern
True or false - a teacher has authority to suspend students for violations of Ed Code §48900.
True, a teacher has the authority to suspend students from their class, and only their class, for the day of the suspension and the following day.
A student may be disciplined for this behavior, even if it happens off campus and is not directly related to a school event or on the way to/from school.
What is cyber-bullying (including cyber sexual bullying)
What student acts trigger a discretionary expulsion under §48915(a)? What must also be proven under this code section?
1. Causing serious physical injury
2. Possession of a knife or other dangerous object
3. unlawful possession of a controlled substance
4. Robbery/extortion
5. assault or battery
Must also prove one of these two secondary factors:
1. other means of correction are not feasible or have failed
2. due to nature of the act, pupi's presence causes a continuing danger to others' physical safety.
What must be included in an expulsion packet? Name at least 5 things (hint: there are 10).
Notice of suspension
Principal’s recommendation for expulsion
Notice of meeting to consider extension of suspension
Notice of extension of suspension
Notice of hearing date and charge letter
Redacted incident reports/witness statements
Physical evidence (weapons, drugs, photos, etc.)
Interventions and discipline tracker
Teacher reports, transcripts, attendance
Any other relevant documents
What does IAES stand for, and when may an administrator pursue an IAES as an option?
Interim Alternative Educational Setting. May pursue when...
The student carries or possesses a weapon to or at school, on school premises, or to or at a school function;
Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function; or
Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.
True or false - a student may be suspended for behaviors they engage in on the weekend at non-school-related events as long as it involves other students from the school.
False.
Students in grades K-8 may not be suspended or recommended for expulsion solely for violation of this code section (or for this behavior).
§48900(k) - Disruption to school activities/willful defiance
What student acts trigger a mandatory recommendation for expulsion (the big 5)?
1. Possessing/selling/furnishing a firearm
2. Brandishing a knife
3. unlawfully selling a controlled substance
4. Committing (or attempt) sexual assault
5. possession of an explosive
What is the maximum number of days an administrator can suspend a student for in connection to a single incident?
5 days
What 2 questions are explored in a manifestation determination hearing? What happens if one or both answers to those questions is yes?
If one or both answers is yes, then the school may not proceed with the proposed change in placement:
1)the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
2) the conduct in question was the direct result of the LEA’s failure to implement the IEP.