Discipline Education Code
- Southridge Tech Middle School (ms)
- Education Code
Education Code 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.
(a)(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 the 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) 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.
(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, that 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 or 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, video, 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.
(iii) An act of cyber sexual bullying.
(I) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(II) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(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.
Education Code 48900.2: Sexual Harrassment
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 purpose of this chapter, the conduct described in Section 212.5 must be considered by a reasonable of the same gender as the victim to be sufficiently severe or pervasive to have 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.
Education Code: 48900.3: Act of Hate Violence
In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil enrolled in any 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 the act of, hate violence as defined in subdivision (e) of Section 233.
Education Code 48900.4: Harassment, Intimidation, etc.
In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in 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 at a pupil or a group of 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 the pupil or group of pupils by creating an intimidating or hostile educational environment.
Students are to refrain from engaging in any harassment activity, behavior, or act that creates an intimidating, hostile, or offensive educational environment. This includes sexual harassment. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal, visual, or physical conduct of a sexual nature. Any students who feel they are being harassed should immediately see an administrator. If you feel that the administrator did not resolve the matter promptly, a complaint may be filed with the Superintendent or the designee who shall determine which complaint procedures are appropriate.
Fontana Unified School District School Board Policies: The Board hereby designates the following positions as Coordinators for Non-Discrimination:
Coordinator of Child, Welfare, and Attendance
9680 Citrus, Fontana, CA 92335
Other violations that lead to consequences
Education Code 48907: Limits for Students Freedom of Expression
Expression shall be prohibited if it is obscene, libelous, or slanderous. Written expression that creates a clear and present danger of commission of unlawful school regulations or the substantial disruption of the orderly operation of the school.
Education Code 48901: Smoking or the uses of tobacco products are prohibited.
Education Code 48211: Filthy or vicious habits.
Education Code 48908: All pupils shall comply with the regulations, pursue the required course study, and submit to the authority of the philosophers of the school.
C.C.R. Title 5, Sec. 300: Every scholars shall attend school punctually and regularly; conform to the regulations of the school; obey promptly all the directions of his philosopher and others in authority; observe good order and propriety of deportment; be diligent in study; respectful to his philosopher and others in authority; kind and courteous to schoolmates; and refrain from the use of profane and vulgar language. (Reg. 77, No. 39)
Education Code 48915: Mandatory Recommendations for Expulsions and Expulsions
(a) Mandatory Recommendations, Permissive Expulsions: 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 finds that expulsion is inappropriate, due to the particular circumstance:
(1) Causing serious physical injury to another person, except in self defense.
(2) Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil.
(3) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 1053) of Division 10 of the Health and Safety Code, except for the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. (For second offense, any amount, expulsion recommendation is mandatory. (AR 5131.6)
(4) Robbery or extortion.
(5) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.
(b) Dual finding required for 48915(a) and 48900(a), (b), (c), (d) and (e): Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918,the governing board may order a pupil expelled upon finding that the pupil committed an act listed in subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of section 48900. A decision to expel 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) Mandatory Expulsions (one year from date of expulsion): 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 fire arm 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.
(2) Brandishing a knife at another person. 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 longer than 3 ½ inches, a folding knife with a blade (any size) that locks into place, or a razor with an unguarded blade.
(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (any amount)
(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.
Education code 48900.7: Terroristic Threat Against School Officials, School Property or Both:
(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) The purpose of this section, "terroristic threat" shall include any statement, oral, written, 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, with the specific intent that the statement is taken as a threat even if there is no intent to actually carry 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/her own safety or for his/her immediate family's safety, or for the protection of school property, or the personal property of the person threatened or his/her immediate family.
The following disciplinary violations are subject to citations from school police and/or other police agencies:
P.C. 415 Disturbing the Peace on School Grounds
P.C. 308b Minor in Possession of Tobacco Products
Smoking cigarettes/lighters/chewing tobacco
P.C. 488 Petty Theft (Under $400.00)
P.C. 487 Grand Theft (Over $400.00)
P.C. 594 Vandalism
Defacing with graffiti
Destruction of school or private property
P.C 594.2 Possession of Graffiti Instrument/Paraphernalia
Every person who possesses a masonry or glass drill bit, a carbide drill bit, a glass cutter, a grinding stone, an awl, a chisel, a carbide scribe, an aerosol paint container, a felt tip marker, or any other marking substance
C.C 25.022 Daytime Loitering on School Days
Minors. It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education, to loiter, idle, wander, stroll or play in or upon public street, highway, road, alley, park, playground, parking area, or other public ground, public place or public building, place of amusement or eating place, vacant lot, or any place open to the public in the unincorporated area of the County of San Bernardino, State of California during those hours that his or her school is in session.
P.C. 653m Threatening or Harassing Phone Calls
B&PC 25608 Possess Alcohol on School Grounds
Any alcoholic beverage
B&PC 25658 Minor Consuming Alcohol
Under the Influence of Alcohol
H&S C 11357e Possession of Marijuana on School Grounds
H&S C 11364 Possession of Drug Paraphernalia
Pipes, Zig-Zag papers, roach clips, homemade tools to do drugs, syringes
H&S C Possession or use of Controlled Substances listed in Chapter 2 not mentioned above
Use of Drug-Detection Dogs:
In an effort to keep the schools free of drugs, the district may use specially trained non-aggressive dogs to sniff out and alert staff to the presence of substances prohibited by law and Board policy. The dogs may sniff the air around lockers, desks, bags, items, or vehicles on district property or at district-sponsored events as long as they are not allowed to directly sniff any students.