Bakersfield City School District April 2011

No. Student exclusion from compulsory school attendance is limited to a student being underage or due to specific health issues.

The U.S. Constitution prohibits a student from being deprived of an education without the use of specific fair procedures.

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A. Weapons, drugs, most forms of hurting others, and damaging/taking property.

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Generally no. Suspension shall be imposed only when other means of correction fail to bring about proper conduct (Education Code Section

48900.5).

There are some exceptions on which suspension may be imposed upon a first offense.

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A. No. The system used in the law and tracked in the Discipline Code organizes misconduct by general categories. Within a single act of misconduct, behavior may range from severe to not warranting disciplinary action. Fact finding and judgment, on a case-by-case basis, is required. Applying legal definitions of the misconduct can be very helpful.

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A. Generally no. A pupil shall not be suspended or expelled except for acts listed in Education Code Section 48900, to include acts committed: (1) while on school grounds; (2) while going to or coming from school; (3) during the lunch period whether on or off the campus; and (4) during, or while going to or coming from, a school sponsored activity. (Education Code Section 48900 (s)).

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A. No. A pupil shall not be suspended from school or recommended for expulsion, unless the school principal or principal’s designee of the school in which the pupil is enrolled determines that the pupil has committed an act as defined in law (Education Code Section 48900)(emphasis added).

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Suspension Investigation/Fact Finding/Determination. Conference to inform student of the

reason for disciplinary action, evidence against student, the opportunity for student to present his/her version and evidence in support of his/her defense.

Conforming parent written notice and opportunity for conference.

Expel next side

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Expel : Minimum Steps Continued

All suspension rights.Entitled to a timely hearing. Right to receive a conforming written notice to include:

◦Statement of the specific facts, charges, and offense;◦Copy of disciplinary rules related to alleged violation;◦Opportunity to appear, be represented legal counsel/advisor;◦Right to inspect and obtain copies of all documents to be used at hearing;◦Opportunity to question all evidence and witnesses; and◦Right to present oral and documentary evidence on the student's behalf.

District must write finding of fact based solely on the evidence. Governing board must act to expel at a public meeting. Conforming written notice of the decision to expel must be provided Notice of right to file an appeal of the expulsion decision.

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A. Yes. If a parent/attorney appeals the expulsion decision, the County Board of Education may reverse the decision if the school district has failed to follow student discipline laws.

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A. No, the principal/designee must have a reasonable suspicion the possesses contraband.

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A. Not unless the content of the message falls into a prohibited area.

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A. No, the U.S. Supreme Court determined children cannot be required to salute the flag and give a pledge of allegiance.

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A. Yes, a source of liability includes claims for violations of statutes. The size and range of potential consequences is significant.

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A. Yes. A parent may be held liable for damages resulting in the injury or the death of a pupil, school district employee, or volunteer. This liability also extends to damages to private school and personal property.

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