This document provides an overview of California education codes related to student discipline, due process, and school safety. It discusses requirements for identifying students who may be a danger to others, preventing unsafe behaviors, and intervening in issues like bullying. Key points include mandatory reporting of crimes to law enforcement, grounds for suspension and expulsion, and new 2011 laws addressing bullying prevention and intervention.

1. Discipline/Due
Process
Presented By:
Sherman Garnett
Coordinator, Child Welfare & Attendance
Past President
ACSA Student Services
& Special Education Council
sherman_garnett@sbcss.k12.ca.us
(909) 386-2903

2. School Safety & Discipline Issues

Identification

Prevention

Intervention

3. IDENTIFICATION

4. IDENTIFICATION

Education Code 49079

Welfare & Institutions Code 827 (5) B-2

Education Code 48902

Education Code 48900

Education Code 48915

5. Required Notification to Teachers
Education Code 49079
(a) A school district shall inform the teacher of each pupil who has
engaged in, or is reasonably suspected to have engaged in,
any of the acts described in any of the subdivisions, except
subdivision (h), of Section 48900. The district shall provide the
information to the teacher based upon any records that the
district maintains in its ordinary course of business, or
receives from a law enforcement agency, regarding a pupil
described in this section.

6. Required Notification to Teachers
Education Code 49079
(c) An officer or employee of a school district who knowingly fails
to provide information about a pupil who has engaged in, or
who is reasonably suspected to have engaged in, the acts
referred to in subdivision (a), is guilty of a misdemeanor,
which is punishable by confinement in the county jail for a
period not to exceed six months, or by a fine not to exceed
one thousand dollars ($1000), or both.
(d) The information provided shall be from the previous three
school years.

7. Court Notification
Welfare & Institutions Code 827 (5) B-2
Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive,
has been found by a court of competent jurisdiction to have
committed any felony or any misdemeanor involving curfew,
gambling, alcohol, drugs, tobacco products, carrying of weapons,
a sex offense listed in Section 290 of the Penal Code, assault or
battery, larceny, vandalism, or graffiti shall be provided by the
court, within seven days, to the superintendent of the school
district of attendance. Written notice shall include only the offense
found to have been committed by the minor and the disposition of
the minor’s case. This notice shall be expeditiously transmitted by
the district superintendent to the principal at the school of
attendance.

8. Court Notification
Welfare & Institutions Code 827 (5) B-2
(Cont.)
The principal shall expeditiously disseminate the information to
those counselors directly supervising or reporting on the behavior
or progress of the minor. In addition, the principal shall
disseminate the information to any teacher or administrator
directly supervising or reporting on the behavior or progress of the
minor whom the principal believes needs the information to work
with the pupil in an appropriate fashion, to avoid being needlessly
vulnerable or to protect other persons from needless vulnerability.

9. Court Notification
Welfare & Institutions Code 827 (5) B-2
(Cont.)
Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with
the juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile’s probation officer is necessary to
effectuate the juvenile’s rehabilitation or to protect students and
staff.

10. Reporting Crime to Law Enforcement
Education Code 48902
(a) The principal of a school or the principal’s designee shall, prior
to suspension or expulsion of any pupil, notify the appropriate
law enforcement authorities of the county or city in which the
school is situated, of any acts of the pupil which may violate
Section 245 of the Penal Code.
(b) The principal of a school or the principal’s designee shall,
within one school day after suspension or expulsion of any
pupil, notify, by telephone or any other appropriate method
chosen by the school, the appropriate law enforcement
authority of the county or the school district in which the
school is situated of any acts of the pupils which may violate
subdivision (c) or (d) of Section 48900 of the Ed. Code.

11. Reporting Crime to Law Enforcement
Education Code 48902
(c) Notwithstanding subdivision (b), the principal of a school or the
principal’s designee shall notify the appropriate law
enforcement authorities of the county or city in which the
school is located of any acts of a pupil that may involve the
possession or sale of narcotics or of a controlled substance or
a violation of Section 626.9 or 626.10 of the Penal Code.
(d) A principal, the principal’s designee, or any other person
reporting a known or suspected act described in subdivision
(a) or (b) is not civilly or criminally liable as a result of making
any report authorized by this article unless it can be proven
that a false report was made and that the person knew the
report was false or the report was made with reckless
disregard for the truth or falsity of the report.

12. Reporting Crime to Law Enforcement
Education Code 48902
(e) The willful failure to make any report required by this section is
an infraction punishable by a fine to be paid by the principal or
the principal’s designee who is responsible for the failure of
not more than five hundred dollars ($500).

13. Grounds for Suspension & Expulsion
Education Code 48900
(c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of any controlled substance listed in
Chapter 2 (commencing with Section 11053) of Division 10 of
the Health and Safety Code, an alcoholic beverage, or an
intoxicant of any kind, and then either sold, delivered, or
otherwise furnished to any person another liquid, substance,
or material and represented the liquid, substance, or material
as a controlled substance, alcoholic beverage, or intoxicant of
any kind.

14. Grounds for Suspension & Expulsion
Education Code 48900
(d) Unlawful offered, arranged, or negotiated to sell any controlled
substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an
alcoholic beverage, or an intoxicant of any kind, and then
either sold, delivered, or otherwise furnished to any person
another liquid, substance, or material and represented the
liquid, substance, or material as a controlled substance,
alcoholic beverage, or intoxicant.

15. Reporting Crime to Law Enforcement
Education Code 48915
(c-1) Gun
(c-2) Knife
(c-3) Unlawfully Selling a Controlled Substance
(c-4) Sexual Assault
(c-5) Possession of An Explosive

16. Reporting Crime to Law Enforcement
Education Code 48915
Latest drug trend…

17. Reporting Crime to Law Enforcement
Education Code 48915
The possession & consumption of
synthetic marijuana.

18. Reporting Crime to Law Enforcement
Education Code 48915
Common street names for Synthetic Marijuana:

Spice

Black Mamba

K-2

Puff

Sugar Sticks

19. Reporting Crime to Law Enforcement
Education Code 48915
Note:
Synthetic marijuana has been
designated as a controlled substance
by the federal government.

20. PREVENTION

21. PREVENTION







Education Code 48901.5
“Cyberbaiting”
Discipline No-No’s
Education Code 44807
Education Code 48911
Education Code 48910
Site Administrator’s Student
Suspension Checklist

22. Electronic Signaling Device
Education Code 48901.5
(a) The governing board of each school district, or its designee,
may regulate the possession or use of any electronic signaling
device that operates through the transmission or repair of
radio waves, including, but not limited to, paging and signaling
equipment, by pupils of the school district while the pupils are
on campus, while attending school sponsored activities, or
while under the supervision and control of school district
employees.

23. Electronic Signaling Device
Education Code 48901.5
Educational Code 51512:
The Legislature finds that the use by any person, including a pupil, of any
electronic listening or recording device in any classroom of the elementary
and secondary schools without the prior consent of the teacher and the
principal of the school given to promote an educational purpose disrupts
and impairs the teaching process and discipline in the elementary and
secondary schools, and such use is prohibited. Any person, other than a
pupil, who willfully violates this section, shall be guilty of a misdemeanor.
Any pupil violating this section shall be subject to appropriate disciplinary
action. This section shall not be construed as affecting the powers, rights,
and liabilities arising from the use of electronic listening or recording
devices as provided for by any other provision of law.

24. “Cyberbaiting”
A phenomenon where students taunt their teachers to the point of
outburst, then capture the teachers’ reaction via cell phone videos
and post those videos online for all to see.
This activity is a violation of California Ed. Code 51512 and
Ed. Code 48900 (a-1) (k) (r).

25. Discipline No-No’s

Time out Periods

Forced Apologies

Sarcasm

Imposing Tasks

Corporal Punishment

26. Duty Concerning Conduct of Pupils
Education Code 44807
Every teacher in the public school shall hold pupils to a strict
account for their conduct on the way to and from school, on the
playgrounds, or during recess. A teacher, vice principal, principal,
or any other certificated employee of a school district, shall not be
subject to criminal prosecution or criminal penalties for the
exercise, during the performance of his duties, of the same
degree of physical control over a pupil that a parent would be
legally privileged to exercise but which in no event shall exceed
the amount of physical control reasonably necessary to maintain
order, protect property, or protect the health and safety of pupils,
or to maintain proper and appropriate conditions conducive to
learning. The provision of this section are in addition to and do not
supersede the provision of section 49000.

27. Emergency Suspension
Education Code 48911
(c) A principal, the principal’s designee, or the superintendent of
schools may suspend a pupil without affording the pupil an
opportunity for a conference only if the principal, the principal’s
designee, or the superintendent of schools determines that an
emergency situation exists. “Emergency situation,” as used in
this article, means a situation determined by the principal, the
principal’s designee, or the superintendent of schools to
constitute a clear and present danger to the life, safety, or
health of pupils or school personnel. If a pupil is suspended
without a conference prior to suspension, both the parent and
the pupil shall be notified of the pupil's right to a conference
and the pupil's right to return to school for the purpose of a
conference. The conference shall be held within two
schooldays, unless the pupil waives this right or is physically
unable to attend for any reason, including, but not limited to,
incarceration or hospitalization. The conference shall then be
held as soon as the pupil is physically able to return to school
for the conference.

28. Quick Reference:
Teacher’s Suspension
Education Code 48910
A.
Pupil commits act(s) enumerated in Ed. Code 48900.
B.
Teacher may suspend for day of suspension and day
following from only that teacher’s class room, after
exhausting all correctable remedies.
C.
Teacher immediately reports to and sends pupil to principal
or Designee.
D.
Teacher asks parent to attend parent-teacher conference,
which may, whenever feasible, also be attended by a school
counselor, psychologist, or administrator per request.

29. Quick Reference:
Teacher’s Suspension
Education Code 48910
E.
Teacher and principal MUST concur in any decision to return
the pupil to the class from which suspended during the
period of suspension.
F.
Teacher MAY require the pupil’s parent or guardian to attend
the pupil’s class.

30. Site Administrator
Student Suspension Checklist
Ed. Code 48900 series violation ____________________
(Write in actual Ed. Code of 48900)

Special Ed.? Behavioral plan in place (10-day rule)

504? Behavioral plan in place (10-day rule)

Other means of correction attempted?
(Necessary for all 48900 (k) violations)

Is the student a continuing danger?
(Necessary for all 48900 (k) violations)

Police contacted? Why? _____________________
Report # ____________

31. Site Administrator
Student Suspension Checklist

Is the violence a first offense?

Physical evidence collected? If so, where is the evidence
being stored?

Previous Parent contracts? If so, when? _____________

Student given an opportunity to explain orally or in writing?

Informed student of reason and provided evidence?

Community Service offered? If so, specify what type of
community service: ____________________________

Supporting witness statement available?

32. Site Administrator
Student Suspension Checklist

Can the offense be considered a 48915 violation? If so, which
section of 48915? __________________________

Parent contacted regarding this violation?
When? ______________________________

Date and time of follow up suspension meeting with parent or
guardian? Date___________ Time _______

Is the student a foster child, group home student or a ward of
the court? (probation) If so, specify the appropriate agency:
____________________________

Principal’s designee who suspended the student is identified
in writing on file in the principal’s office.

33. INTERVENTION

34. INTERVENTION
Chaptered 2011 Legislation Related to Bullying
& School Safety Effective in 2012

AB 746 (Campos)

AB 1156 (Eng)

AB 9 (Ammiano)

AB 123 (Mendoza)

35. AB 746 (Campos)

Defines bullying as one or more acts of sexual harassment,
hate violence or intentional harassment, threats or intimidation,
directed against school district personnel or pupils committed
by a pupil or group of pupils including an electronic act.

An electronic act is defined as transmission of a
communication , including, but not necessarily limited to, a
message, text, sound, or image, or a post on a social network
Internet Web site, by means of an electronic device. (Ed. Code
32261)

36. AB 1156 (Eng)
Requires that…

the Department of Justice and the State Department of
Education contract to provide training in the prevention of
bullying

a student who has requested an interdistrict transfer due to an
act of bullying as defined by the current school district of
attendance or the proposed school district of attendance be
given priority for attendance in the new school district

37. AB 1156 (Eng)
Amends the definition of bullying to the following relative to
suspension from school:
48900 (r) Engaged in an act of bullying
1. severe or pervasive physical or verbal act or conduct including
communications made in writing or via an electronic act
A. placing a reasonable pupil or pupils in fear or harm to that
pupil’s person or property
B. causing a reasonable pupil to experience substantial interference with
his or her academic performance

38. AB 1156 (Eng)
C. causing a reasonable pupil to experience substantial interference with
his or her academic performance
D. causing a reasonable pupil to experience substantial interference with
his or her ability to benefit from services, activities or privileges
provided by a school
Reasonable pupil definition:
A pupil including but not limited to, an exceptional needs pupil who
exercises average care, skill and judgment in conduct for a person of his
or her age or for a person of his or her age with his or her exceptional
needs.

39. AB 9 (Ammiano)
Pupil Rights: Safe Place to Learn Act – Effective July 1, 2012
School district shall adopt a policy that prohibits discrimination,
harassment, intimidation and bullying based upon actual or
perceived characteristics.
Policy includes all school activities or school attendance issues.
Adoption of a process for receiving and investigating complaints.

40. AB 9 (Ammiano)
School officials shall:
1.
take immediate steps to intervene if any school personnel
witness an act of discrimination, harassment, intimidation or
bullying
2.
time line to investigate and resolve complaints
3.
an appeal process
4.
translated forms
5.
publicized policies
posting the policy in all schools and offices including staff
lounges and pupil government meeting rooms
6.

41. AB 9 (Ammiano)

CDE will develop a model handout describing the rights and
obligations and policies addressing bias related discrimination,
harassment, intimidation and bullying in schools.

Listing of statewide resources by CDE to provide support to
youth and schools via the internet.

Policies and procedures are subject to review by CDE via the
Categorical Program Monitoring Process (CPM).

42. AB 123 (Mendoza)
School Safety – Penal Code 626.8
Any person who comes into any school building or upon any school
ground, street, sidewalk, or public way adjacent thereto without law
business thereon and whose presence or acts interfere with the peaceful
conduct of the activities of the school or disrupt the school or its pupils or
school activities is guilty of a misdemeanor if he or she does any of the
following:
1.
remains there after being asked to leave
2.
reenters that place within seven days after being asked to leave
3.
has established a continued pattern of unauthorized entry
willfully or knowingly creates a disruption with the intent to threaten
the immediate physical safety of any pupil in preschool, kindergarten
or any of grades 1-8, inclusive, arriving at, attending or leaving from
school. (Amendment to Penal Code 626.8)
4.

43. Identification / Prevention / Intervention
Quiz
T / F A parent must be notified in writing if a student’s placement in an
in-school suspension classroom is longer than one classroom
period.
T / F All teachers at the school site must be notified of a student’s
suspension expulsion history for a period of three years per Ed.
Code 49079.
T / F A student who fails to attend Saturday school detention can be
suspended from school on Monday morning for defiance of
authority per Ed. Code 48900 (k).
T / F A student who has been suspended for 20 days during the school
year, eight of which occurred at another district site

44. Identification / Prevention / Intervention
Quiz
T / F A principal shall notify the police immediately per Ed. Code 48902
and immediately suspend and recommend for expulsion a student
in possession of a box cutter.
T / F A 48 hour notice must be given to the parent for students who are
assigned after school detention.
T / F A bus suspension counts as a normal suspension from school if the
student is unable to attend school due to lack of transportation
from the parent.
T / F A 504 student cannot be expelled if the 504 team determination
makes a finding that his/her disability did impair the ability to
control the student’s behavior subject to disciplinary action.

45. Identification / Prevention / Intervention
Quiz
T / F A twelve-year-old student who has been suspended from school
during the day can be allowed to walk home by his parent if the
student lives within a two-mile radius of the school.
T / F A student may not be recommended for expulsion for possession
of more than one ounce of marijuana upon his/her first offence on
or off campus.