The following identifies the sections of the California Education Code that govern student conduct regarding suspension and expulsion.
If a student’s behavior is a threat to the safety, health or emotional well-being of others, and previous methods of prevention and intervention have not been successful, that student may be suspended in accordance with state law and district policy. Suspension may be imposed upon a first offense if the Superintendent, principal or designee determines the student violated Education Code 48900(a)-(e) or if the student’s presence causes a danger to persons. [E.C. 48900.5]
State law allows for the suspension of a student if a student commits or engages in any of the acts listed below, where such conduct or acts relate to school activities or attendance, such as, but not limited to when such acts or conduct take place: while on school grounds, going to or from school, during lunch period (on or off campus), during, or while going to or from, a school-sponsored activity, or for certain conduct which occurs after school hours and off District property, but which is reasonably likely to cause or causes a substantial disruption of a school activity or attendance:
Assault/Battery [E.C. 48900(a)] Causing, attempting to cause, or threatening to cause physical injury to another person. Exceptions may be made in a situation where witnesses and evidence support a case of self-defense.
Weapons [E.C. 48900(b)] Possessing, selling or otherwise providing any weapon–including firearms, knives, explosives, or other dangerous object.
Alcohol/Intoxicants/Controlled Substances [E.C. 48900(c)] Unlawfully possessing, using, selling or otherwise providing alcohol, intoxicants or controlled substance, including prescribed medications. Also applies to being under the influence of alcohol, intoxicants or controlled substances.
Substance in Lieu of Alcohol/Intoxicants/Controlled Substances [E.C. 48900(d)] Delivering, providing or selling items which are claimed to be alcohol, intoxicants or controlled substances but were not such items.
Robbery or Extortion [E.C. 48900(e)] Committing or attempting to commit robbery or extortion. Extortion occurs when threats are made with the intent to obtain money or something of value.
Property Damage** [E.C. 48900(f)] Causing or attempting to cause damage to school property or private property.
Property Theft** [E.C. 48900(g)] Stealing or attempting to steal school or private property.
Tobacco or Nicotine Products [E.C. 48900(h)] Possessing, providing or using tobacco, or any item containing tobacco or nicotine products, including but not limited to cigarettes, cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel.
Obscenity [E.C. 48900(i)] Committing an obscene act or engaging in regular profanity, swearing or vulgarity.
Drug Paraphernalia [E.C. 48900(j)] Unlawfully possessing, offering, arranging for, or negotiating to sell any drug items.
Disruption or Defiance [E.C. 48900(k)(1)] Disrupting school activities or otherwise refusing to follow the valid authority of school personnel, including supervisors, teachers, school officials or other school staff performing their duties.
“Disruption of school activities” is defined as follows: when a student’s conduct, presence or actions disrupts or threatens to disrupt normal district or school operations, threatens the health or safety of anyone on district or school property, or causes or threatens to cause damage to district property or to any property on school grounds.
“Willful defiance of valid authority” is defined as follows: when a student defies the valid authority of a district or school official or district or school staff in a manner that has an impact on the effective or safe functioning of district or school operations, such as continuing to remain at the scene of a fight or to instigate a disturbance after being told to stop the subject behavior; repeated disobedience to or defiance of school personnel when other interventions have not been successful in modifying the misbehavior; or in the proper instance one-time or first-time disobedience to or defiance of school personnel that has an impact on the effective or safe functioning of district or school operations.
Note, no KHSD student may be recommended for expulsion for violation of Education Code 48900(k)(1). [E.C. 48900(k)(2)]
Receiving Stolen Property** [E.C. 48900(l)] Receiving stolen school or personal property.
Possessing Imitation Firearm [E.C. 48900(m)] Possessing an imitation firearm or simulated firearm that is substantially similar in physical properties to an existing firearm.
Sexual Harassment [E.C. 48900(n)] Committing or attempting to commit a sexual assault or committing a sexual battery.
Threats and Intimidation [E.C. 48900(o)] Harassing, intimidating or threatening a student who is a witness in a school disciplinary proceeding for the purpose of either preventing that student from being a witness or retaliating against that student for being a witness, or both.
Prescription Drug Soma [E.C. 48900(p)] Offered, arranged to sell, negotiated to sell or sold the prescription drug Soma.
Hazing [E.C. 48900(q)] Engaging in, or attempting to engage in any activities used for initiation or pre-initiation into a student organization, or student body or related activities, which causes or is likely to cause bodily danger, physical harm, or personal degradation or disgrace, resulting in physical or mental harm.
Bullying [E.C. 48900(r)] Bullying means any severe or pervasive or verbal act or conduct, including communications made in writing or by means of an electronic act, directed toward one or more students that has or can reasonably be predicted to have the effect of placing a reasonable student in fear of harm to himself/herself or his/her property; cause the student to experience a substantially detrimental effect on his/her physical or mental health; or cause the student to experience substantial interferences with his/her academic performance or ability to participate in or benefit from services, activities, or privileges provided by a school. [E.C. 48900(r)] Bullying shall include any act of sexual harassment, hate violence, or harassment, threat, or intimidation, as defined in Education Code 48900.2, 48900.3, or 48900.4 that has any of the effects described above on a reasonable student. [E.C. 48900(r)]
Aided or Abetted to Inflict Physical Injury [E.C. 48900(t)] Aiding or abetting in the infliction or attempted infliction of physical injury to another student. However, the District cannot seek to expel a student for violation of Education Code 48900(t) until juvenile court proceedings are completed and the juvenile has been convicted of being an aider or abettor of a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury.
Sexual Harassment [E.C. 48900.2] Engaging in prohibited sexual harassment that includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature.
Hate Violence [E.C. 48900.3] Hate violence means any act punishable under Penal Code 422.6, 422.7, or 422.75. Such acts include injuring or intimidating a victim, interfering with the exercise of a victim’s civil rights, or damaging a victim’s property because of the victim’s race, ethnicity, religion, nationality, disability, gender, gender identity, gender expression, or sexual orientation; a perception of the presence of any of those characteristics in the victim; or the victim’s association with a person or group with one or more of those actual or perceived characteristics. (E.C. 233; Penal Code 422.55)
Other Harassment, Intimidation or Threats [E.C. 48900.4] Harassing, intimidating, or threatening a student or group of students, or school personnel, with the actual or expected effect of disrupting class work or creating substantial disorder, or creating a hostile educational environment.
Terrorist Threats [E.C. 48900.7] Making terrorist threats against school officials and/or property, or both.
The superintendent or principal may use his or her discretion to provide alternatives to suspension or expulsion to address student misconduct. [E.C. 48900(v), 48900.5]
** “School property” includes, but is not limited to, electronic files. [E.C. 48900(u)]
Expulsion, as ordered by the Board of Trustees of the KHSD, is the removal of a student from all schools in the district for violating the Education Code at school or at a school activity off school grounds. The expulsion is for a defined period of time, but an application for re-admission must be considered within a specified time period. State law provides for full due process and rights to appeal any order of expulsion.
A student shall be recommended for expulsion for violation of any of the acts set forth in Education Code 48915(a)(1)(A)-(E), unless the Superintendent, Superintendent’s designee, principal or principal’s designee determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct:
Serious Physical Injury [E.C. 48915(a)(1)(A)] Causing serious physical injury to another person, except in self-defense.
Possession of Knife or Dangerous Object [E.C. 48915(a)(1)(B)] Possessing a knife or other dangerous object of no reasonable use to the student.
Unlawful Possession of a Controlled Substance [E.C. 48915(a)(1)(C)] Unlawful possession of any drug except for (1) the first time offense of possession of not more than one ounce of marijuana, or (2) for the student’s possession of over-the-counter medication for his/her use or other medication prescribed for him/her by a physician.
Robbery or Extortion [E.C. 48915(a)(1)(D)]
Assault or Battery on a School Employee [E.C. 48915(a)(1)(E)]
State law requires a school administrator to recommend expulsion if a student commits certain violations of the Education Code. A student shall immediately be recommended for expulsion for violation of any of the acts set forth in Education Code 48915(c)(1)-(5):
Possession, Selling or Furnishing a Firearm [E.C. 48915(c)(1)] Possessing, selling or otherwise furnishing a firearm (verified by an employee of the school district). However, possession of an imitation firearm, as defined in Education Code 48900(m), shall not be regarded as an offense requiring a mandatory recommendation for expulsion and mandatory expulsion.
Brandishing a Knife [E.C. 48915(c)(2)] Brandishing a knife at another person.
Selling a Controlled Substance [E.C. 48915(c)(3)] Unlawfully selling a controlled substance.
Sexual Assault or Battery [E.C. 48915(c)(4)] Committing or attempting to commit a sexual assault or committing a sexual battery, as defined in Education Code 48900(n).
Possession of an Explosive [E.C. 48915(c)(5)]
For all other acts and conduct for which a student is subject to discipline under Education Code 48900 through 48900.7 and which are not specifically listed or addressed under Education Code 48915(a) or 48915(c), a student may be recommended for expulsion where other means of correction are not feasible or have repeatedly failed to bring about proper conduct, or where due to the nature of the student’s conduct violation, the presence of the student causes a continuing danger to the physical safety of the student or others. [E.C. 48915(b) and (e)]