Question: What are your rights in the suspension of a student?

Answer: Education Code §48900 and Cupertino Union School District Board Policy 5144.1

What it says: Ed. Code §48900, 48910  A teacher may suspend any pupil from his/her class, for any acts enumerated in section 48900, for the day of the suspension and the following day.

The teacher shall immediately report the suspension to the principal and send the pupil to the principal for appropriate action. As soon as possible, the teacher shall ask the parent or guardian for a conference regarding the suspension. Whenever practicable, a counselor or psychologist shall attend the conference, and an administrator shall attend if requested by the teacher, parent, or guardian.

The pupil shall not be returned to the class from which the pupil was suspended without the concurrence of the teacher and principal (48910). A teacher may also refer a pupil to the principal for consideration of a suspension for any of the acts enumerated in section 48900 (48910)

What it means: As a teacher you have the right to suspend a student due to one of the reasons in sections 48900. A suspended student cannot be placed in another regular class during the period of suspension.

Question: What if the student is in Special Education?

Answer: 48900.5 Suspension shall be imposed only when other means of correction fail to bring proper conduct. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended for any of the reasons enumerated in section 48900 upon a first offence, 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 or property or threatens to disrupt the instructional process.

“Suspension” means the removal of a pupil from instruction for adjustment purposes. It does not mean reassignment to another class at the same school where the pupil will receive instruction. Ed. Code §48925. However, if the pupil poses no imminent danger to campus safety, they may be assigned to “a supervised suspension classroom,” separated from other students, to complete schoolwork assigned by the pupil’s regular teacher or the supervising teacher Ed. Code  §48911.1

Don’t be afraid to use this clause. If a site administrator ignores your suspension or reprimands you for invoking this Ed. Code please contact CEA at 257-2122

Grounds for student suspension and expulsion:

  1.   1) Causing, attempting, or threatening to cause physical inury to another person

2) Willfully using force or violence on another person

  1. Possessing, selling, or furnishing any firearm, knife, explosive, or other dangerous object, unless possession is with written permission from a certificated employee concurred in by the principal
  2. Possession of an imitation firearm
  3. Unlawfully possessing, using, selling, or furnishing or being under the influence of a controlled substance
  4. Possessing or using tobacco
  5. Committing or attempting to commit robbery or extortion
  6. Causing or attempting to cause damage to school or private property
  7. Stealing or attempting to steal school or private property
  8. Knowingly receiving stolen school or private property
  9. Disrupting school activities or willfully defying valid authority
  10. Harassing, threatening, or intimidating a witness in a school disciplinary proceeding
  11. Committing an obscene act or engaging in habitual profanity
  12. Committing a sexual assault or sexual battery
  13. Committing sexual harassment, as defined (applies to grades 4-12)
  14. Causing, attempting, or threatening to cause, or participating in hate violence as defined (applies to grades 4-12)
  15. Intentional harassment, threat, intimidation of pupil or group of pupils that materially disrupts or … creates a hostile education environment. Ed. Code §48900.4
  16. Making terrorist threats, as defined, against school officials or school property

Suspension is to be the last resort after the failure of other forms of discipline. Ed. Code §48911

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