STUDENT DISCIPLINE – SUSPENSION & EXPULSION
Each school site shall follow its school discipline plan and consider suspension from school only when other means of correction have not been successful or where the student's presence would constitute a danger to persons or property and/or seriously disrupt the educational process.
Disciplinary action will be preceded by an investigation, a conference between the principal and student, in which the student shall be informed of the reason for the suspension, the evidence against him or her, and be given the opportunity to present his or her defense. At the time of suspension, a school employee will make a reasonable effort to contact the student's parent in person or by telephone. The parent will be given written notice of the suspension. While on suspension from school, the pupil is not to loiter on or about any school grounds at any time, nor to attend any Fountain Valley School District activity at any time. Violation may result in further disciplinary action.
SUSPENSION OR EXPULSION DURING SCHOOL ACTIVITY/ATTENDANCE
A pupil may be suspended or expelled for acts on any school District campus at any time of the day or night, regardless of the school district of jurisdiction. A pupil may be suspended for acts on the way to and from school.
Suspension: the temporary removal of a student from class instruction for adjustment or disciplinary reasons.
Expulsion is the involuntary removal of a student from all schools and programs of the Fountain Valley School District for an extended period of time for acts of specified misconduct. Final action is taken only by vote of the Board of Education. Expulsion proceedings for a Special Education student require additional due process procedures. While under expulsion, a student cannot enroll in another California school district without approval of that district's Board of Education. Certain expelled students may enroll only in Juvenile Court Schools, County Community Schools or District operated Community Day Schools (AB922) during the duration of the expulsion. The governing board, upon voting to expel a pupil, may suspend the enforcement of the expulsion order for a period of not more than one calendar year and may, as a condition assign the pupil to a school, class, or program that is deemed appropriate for the rehabilitation of the pupil. The rehabilitation program to which the pupil is assigned may provide for the involvement of the pupil's parent or guardian in his or her child's education in ways that are specified in the rehabilitation program. A parent or guardian's refusal to participate in the rehabilitation program shall not be considered in the governing board's determination as to whether the pupil has satisfactorily completed the rehabilitation program. [EC 48917].
Under the mandatory provision of Education Code 48915(c), a student who has committed one or more of the following acts must be recommended for expulsion and the Board of Education must expel the student.
- Possessing, selling or otherwise furnishing a firearm, or explosive,
- Brandishing a knife at another person,
- Unlawfully selling a controlled substance listed in Health and Safety Code 11053, et. seq., or
- Committing or attempting to commit a sexual assault or committing a sexual battery.
MANDATORY RECOMMENDATION FOR EXPULSION
Under the mandatory provision of Education Code 48915(a), a student who has committed one of the following acts of misconduct must be recommended for expulsion unless particular circumstances render it inappropriate.
- Causing serious physical injury to another person, except in self-defense,
- Possession of any knife, explosive, or other dangerous objects including “look-alike” weapons;
- Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) 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,
- Robbery or extortion;
- Assault or battery upon a school employee.
EXPULSION MAY BE RECOMMENDED
In accordance with Education Code 48915 and by direction of the Board of Education, a student may be considered for expulsion for committing any act not listed in Category I or Category 11 and enumerated in Education Code sections 48900, 48900.2, 48900.3, 48900.4, or 48900
ADDITIONAL REPORTING REQUIRED BY STATE LAW
The following offenses require school personnel, by law, to file a report to the police or a legal agency:
- An assault upon any person with a deadly weapon or by force likely to produce great bodily injury. [E C 48902]
- A non-accidentally inflicted physical injury upon a student by another student or person, which requires medical attention beyond the level of school-applied first aid. [PENAL CODE 11166])
- Actual or suspected sexual abuse, physical abuse or neglect of any child. A report must be made to a child protection agency. (PENAL CODE 11166)
- An attack or assault on, or the menacing of, any school employee by a student. [EC 44014]
- A directly communicated threat by a student or any person to inflict unlawful injury upon the person or property of a school employee to keep the employee from fulfilling any official duty or for having fulfilled any official duty.
- Possession of any controlled substance, drug paraphernalia, alcoholic beverages or intoxicants. [EC 48900(c)]
- Acts of school misconduct in violation of court imposed conditions or probation. [EC 48267]
- Truancy of any student under court ordered mandatory attendance.
- Guns, weapons or dangerous objects on campus. [EC 48900(b)]
WILLFUL FORCE OR VIOLENCE - REPORTINGFor purposes of notification to parents, and for the reporting of expulsion or suspension offenses to the State Department of Education, each school district shall specifically identify, by offense committed, in all appropriate official records of a student each suspension or expulsion of that student for the commission of any offenses in Education Code 48900(a-o), 48900.2, 48900.3, 48900.4, 48915(a)(1 -5), or 48915(c)(1 -4), 48900.8