Categories of Suspensions
Behaviors noted below in black can lead to a suspension only when other means of correction fail to bring proper conduct and/or the student's presence causes a continuous danger; recommending expulsion is at the discretion of the principal or superintendent for certain behaviors. [CA EdCodes 48900.5(a) and 48915(e)]
Behaviors in purple can lead to a suspension on the first offense and without other prior means of correction and/or the student's presence causes a continuous danger; recommending expulsion is at the discretion of the principal or superintendent. [CA EdCodes 48900.5(a) and 48915(a)(1)]
Behaviors in red require immediate suspension and the principal or superintendent is mandated to recommend expulsion. [CA EdCode 48915(c)]
What student behaviors can result in a suspension? [CA EdCode 48900]
A superintendent or principal may suspend a student for the following behavior:
At the current time, no student may be suspended for disrupting school activities or willfully defying the authority of teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. [CA Ed Code 48900(k)]
Behaviors noted below in black can lead to a suspension only when other means of correction fail to bring proper conduct and/or the student's presence causes a continuous danger; recommending expulsion is at the discretion of the principal or superintendent for certain behaviors. [CA EdCodes 48900.5(a) and 48915(e)]
Behaviors in purple can lead to a suspension on the first offense and without other prior means of correction and/or the student's presence causes a continuous danger; recommending expulsion is at the discretion of the principal or superintendent. [CA EdCodes 48900.5(a) and 48915(a)(1)]
Behaviors in red require immediate suspension and the principal or superintendent is mandated to recommend expulsion. [CA EdCode 48915(c)]
What student behaviors can result in a suspension? [CA EdCode 48900]
A superintendent or principal may suspend a student for the following behavior:
- Cause, attempt to cause or threaten to cause physical injury to another person. (a1)
- Willfully use force or violence upon another person, except in self-defense. (a2)
- 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. (b)
- Unlawfully possess, use, supply, sell, or be under the influence of a controlled substance or intoxicant. (c)
- Supply or sell a liquid, substance, or material representing it as a controlled substance or intoxicant. (d)
- Commit or attempt to commit robbery or extortion. (e)
- Cause or attempt to cause damage to school property or private property. (f)
- Steal or attempt to steal school property or private property. (g)
- Possess or use tobacco or nicotine products. This does not include use or possession the the student's own prescription products. (h)
- Commit an obscene act or engage in habitual profanity or vulgarity. (i)
- Unlawfully possess, supply, or sell drug paraphernalia. (j)
- Knowingly receive stolen school property or private property. (l)
- Possess an imitation firearm such that a reasonable person concludes the replica is a firearm. (m)
- Sexual harassment in grades 4-12 (.2) and committing or attempting to commit sexual assault or battery. (n)
- Harass, threaten, intimidate, or retaliate against a complaining student witness. (o)
- Engage in or attempt to engage in hazing. (q)
- Bullying, including cyberbullying. (r)
- 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. (.4)
- Cause, attempt to cause, or threaten to cause an act of hate violence. (.3)
- Make terroristic threats against school officials, school property, or both. (.7)
At the current time, no student may be suspended for disrupting school activities or willfully defying the authority of teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. [CA Ed Code 48900(k)]
What other means of correction can be implemented prior to suspension? [CA Ed Code 48900.5(b)]
- A conference between school personnel, the student's parent or guardian, and the pupil.
- Referral to a school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
- Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and the pupil’s parents.
- Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an IEP or 504 plan.
- Enrollment in a program for teaching prosocial behavior or anger management.
- Participation in a restorative justice program.
- Community service on school grounds or, with written permission of the parent or guardian of the pupil, off school grounds, during the pupil’s non-school hours.
How long can a student be suspended?
- A student may be suspended from school for no more than 5 consecutive school days. [CA EdCode 48911(a)]
- The total number of school days that a student may be suspended can not exceed 20 days in any school year. If the students enrolls in or is transferred to another school or to an opportunity class then the number of days can not exceed 30 in any school year. [CA EdCode 48903(a)]
Is a teacher required to provide school work for a suspended student?
- The teacher of any class from which a student is suspended may require the suspended student to complete any assignments and tests missed during the suspension. [CA EdCode 48913]
- Upon the request of a student who has been suspended for 2 or more days, or the student's parents, the teacher must provide the school work that would have been assigned. [CA EdCode 48913.5(a)]
What is an in-school suspension? [CA EdCode 48911.1]
- The principal or principal designee may place a student suspended from school in a suspension classroom, supervised by a certificated employee, for the entire period of suspension if the student poses no imminent danger and there is no movement to expel.
- Students placed in a suspension classroom must be separated from other students at the school for the entire period of suspension in a separate classroom or building for suspended students.
- The teacher must provide all assignments and tests for the student to complete during the suspension period.
When is law enforcement notified?
Any certificated or classified employee of a middle or high school who is alerted to or observes a threat or perceived threat of homicidal violence must report it to law enforcement. When more than one employee are obligated to report, they may agree that any one of them make the report. [CA EdCode 49393]
The principal or principal designee must notify law enforcement of the following behavior [CA EdCode 48902]:
Any certificated or classified employee of a middle or high school who is alerted to or observes a threat or perceived threat of homicidal violence must report it to law enforcement. When more than one employee are obligated to report, they may agree that any one of them make the report. [CA EdCode 49393]
The principal or principal designee must notify law enforcement of the following behavior [CA EdCode 48902]:
- Assault upon another person with a deadly weapon. Notification must occur before suspension or expulsion of the student.
- Possessing, selling, or providing a firearm.
- Possessing an explosive.
- Possessing, using, selling, or providing a controlled substance, alcoholic beverage, or intoxicant of any kind. Notification must occur within one school day of suspension or expulsion.
- Be under the influence of a controlled substance, alcoholic beverage, or intoxicant of any kind. Notification must occur within one school day of suspension or expulsion.
- Offering, arranging, or negotiating to sell a controlled substance, alcoholic beverage, or intoxicant of any kind. This includes selling, delivering, or otherwise providing to a person another substance, and representing it as a controlled substance, alcoholic beverage, or intoxicant. Notification must occur within one school day of suspension or expulsion.