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.
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.
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:
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