Should I be informed of past dangerous behavior exhibited by a student? [CA EdCode 49079(a) and (d)]
A school district must inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in:
The district must provide the information from the previous 3 years to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency.
A school district must inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in:
- Cause, attempt to cause or threaten to cause physical injury to another person.
- Willfully use force or violence upon another person, except in self-defense.
- Possess, supply, or sell a firearm, knife (brandishing a knife), explosive, or other dangerous object. The exception is possession of the item with written permission from a certificated employee, and with the agreement of the principal or principal designee.
- Unlawfully possess, use, supply, sell, or be under the influence of a controlled substance or intoxicant.
- Supply or sell a liquid, substance, or material representing it as a controlled substance or intoxicant.
- Commit or attempt to commit robbery or extortion.
- Cause or attempt to cause damage to school property or private property.
- Steal or attempt to steal school property or private property.
- Willfully defy the authority of teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
- Commit an obscene act or engage in habitual profanity or vulgarity.
- Unlawfully possess, supply, or sell drug paraphernalia.
- Knowingly receive stolen school property or private property.
- Possess an imitation firearm such that a reasonable person concludes the replica is a firearm.
- Sexual harassment in grades 4-12 and committing or attempting to commit sexual assault or battery.
- Harass, threaten, intimidate, or retaliate against a complaining student witness.
- Engage in or attempt to engage in hazing.
- Bullying, including cyberbullying.
- In grades 4-12, intentionally engage in harassment, threats, or intimidation directed against personnel or students severely enough to disrupt classwork, create disorder, or create a hostile educational environment.
- Cause, attempt to cause, or threaten to cause an act of hate violence.
- Make terroristic threats against school officials, school property, or both.
The district must provide the information from the previous 3 years to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency.
What are the consequences for not providing the information? [CA EdCode 49079(c)]
- Willful failure to notify a teacher is a misdemeanor, punishable by up to 6 months in county jail and/or a fine of up to $1000.
Am I free to share the information with colleagues? [CA EdCode 49079(e)]
- No. The information is provided to the teacher only and can not be further disseminated by the teacher.