GUIDELINES FOR STUDENT SUSPENSION ~ BULLETIN NO. Z-14 MARCH 15, 1999
General Information
The California Education Code (E.C.) permits the superintendent or the principal of the school in which the student is enrolled to suspend a student if it is determined that the student committed any act listed under E.C. Sections 48900, 48915, 48900.2, 48900.3, 48900.4, or 488900.7. Please see the following pages, which list student offenses for which suspension and or expulsion are permitted or required.
Please note that offenses violating E.C. Section 48915, (1)-(4), require immediate notification of law enforcement, immediate suspension from school, and immediate recommendation for expulsion if it is determined that the pupil has committed that act at school or at a school activity off school grounds.
A student, including a student who receives special education services, may be suspended upon a first offense if the principal determines that the student violated subdivisions (a), (b), (c), (d), or (e)) of E.C. section 48900 or that the student's presence causes a danger to persons or property or threatens to disrupt the instructional process.
No Student shall be suspended for any of the offenses listed unless such offenses are related to school activity or attendance. These offenses may occur at any time, including, but not limited to, while on school grounds; while going to or coming from school; during the lunch period, whether on or off campus; or during, or while going to or coming from, a school-sponsored activity.
Suspensions from School
When student misconduct requires disciplinary action, a parent conference should always be among the remedial measures considered prior to suspension. A preliminary parent conference may well result in resolution of problems without the need for suspension and the resulting loss of student learning time.
When suspension from school is to be imposed, it shall be preceded by an informal conference with the student, conducted by the principal. At this time, the student shall be informed of the reason(s) for the disciplinary action, shall be given an opportunity to present facts and evidence in his or her defense, and should be encouraged to make a written statement concerning the charge (s). The statement should be signed and dated by the student. At the time of the suspension the parent bust be notified and a parent conference scheduled.
The total number of days for which a student may be suspended from school shall not exceed 20 school days in any year unless the student is transferred to another school or program for adjustment purposed. In that case, the total number of school days for which the student may be suspended may be increase by 10. The total suspension days from school are not to exceed 30 days in any school year. For students who receive special education services, the maximum number of suspension days cannot exceed a total of 10 school days without a pre-disciplinary IEP. Informal suspension, whereby a parent is advised to keep a child at home under the supervision of the parent, is a flagrant violation of the compulsory attendance laws, the IDEA, and District policy and is prohibited.
The only time the mandated pre-suspension conference need not be held is if an emergency situation exists. The term emergency situation means that the principal has determined that the immediate conditions constitute a clear and present danger to the lives, safety, or health of students or school personnel.
If a student is suspended from school without an informal conference, the designated administrator shall notify both the parent and the student of their right to a subsequent conference and of their right to return to school for that purpose. The conference shall be held at the earliest time possible, but no later that two school days after the incident took place, unless the student waives this right or is physically unable to attend. In the latter instance, the conference shall be held as soon as the student is able to attend.
Suspension from Class
A teacher may suspend a student from class for any of the acts enumerated in E.C. 48900 for the day of the act and the following school day. The teacher shall immediately report the suspension to the principal and send the student to the administrator for appropriate action, which may include suspension from school or other disciplinary measures.
The student shall not be returned to the class from which he or she was suspended during the period of suspension without the concurrence of the principal and the teacher who imposed the suspension.
A student suspended from a class shall not be placed in another regular class during the period of suspension. If the student is assigned to more than one class per day, the student may attend the classes from which he or she is not suspended.
Appeal Procedures
Parents are to be advised by the principal of the appeal procedure when there is disagreement with the circumstances, which brought about the suspension or with the act of suspension itself. The appeal may be made to the Operations Administrator or designee. The appeal conference shall be arranges as soon as possible following the request. However, during the period of appeal, the suspension remains in effect for the length of time designated.
AB 2728 - IN-SCHOOL SUSPENSION
School district may establish an in-school suspension program in accordance with Section 48911.1 of the Education Code as an education and disciplinary alternative to off-campus suspension.
In-school suspension programs may be funded by school districts and county offices of education as part of a School Safety Incentive Program.
Guidelines for In-School Suspension
Pupils suspended from school for any of the reasons listed in Sections 48900, 48900.2, 48900.3, 48900.4, or 48900.7 may be assigned by the principal or his or her 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, of if an action to expel the pupil has not been initiated.
Pupils assigned to a supervised suspension classroom shall be separated from other pupils at the school site for the period of suspension.
Pupils under suspension shall be in a separate classroom or building.
School districts must insure that:
- Students are engaged in educational activity.
- Students are properly supervised by certificated personnel.
- Students have access to appropriated counseling services.
- Students are responsible for contacting their teacher or teachers to give them assignments to be completed while assigned to the supervised suspension classroom.
- The teacher(s) shall provide all assignments and tests that the student will miss while suspended.
- If no classroom work is assigned, the person supervising at the suspension classroom shall assign schoolwork.
- A school employee shall notify, in person or by telephone, the student's parent or guardian at the time the student is assigned to a supervised suspension classroom.
- Whenever a student is assigned to a supervised suspension classroom for longer than one class period, a school employee shall notify, in writing, the student's parents or guardian.
EXPULSIONS
Education Code (E.C.) section 48900 provides that the Superintendent or principal of the school in which the pupil is enrolled may suspend or recommend expulsion for certain enumerated acts.
- No student shall be recommended for expulsion unless the student's act or misconduct:
- is related to school activity or school attendance and
- occurs within a school under the jurisdiction of the Superintendent or principal or within any other school district.
- The misconduct may occur at any time, including, but not limited to, while on school grounds; while going to or coming from school; during the lunch period, whether on or off campus; during, or while going to or coming from, a school-sponsored activity.
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