Sherman garnett

Discipline/Due Discipline/Due ProcessProcess

Presented By:

Sherman GarnettSherman GarnettCoordinator, Child Welfare & Attendance

Past President

ACSA Student Services & Special Education Council

[email protected]

(909) 386-2903

School Safety & Discipline IssuesSchool Safety & Discipline Issues

Identification

Prevention

Intervention

IDENTIFICATIONIDENTIFICATION

Education Code 49079

Welfare & Institutions Code 827 (5) B-2




IDENTIFICATIONIDENTIFICATION

(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.

Required Notification to TeachersRequired Notification to TeachersEducation Code 49079Education 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.

Required Notification to TeachersRequired Notification to TeachersEducation Code 49079Education Code 49079

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.

Court NotificationCourt NotificationWelfare & Institutions Code 827 (5) B-2Welfare & 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.


(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.


Reporting Crime to Law EnforcementReporting Crime to Law EnforcementEducation Code 48902Education 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.


(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.


(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).

(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.

Grounds for Suspension & ExpulsionGrounds for Suspension & ExpulsionEducation Code 48900Education 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.

Grounds for Suspension & ExpulsionGrounds for Suspension & ExpulsionEducation Code 48900Education Code 48900


(c-1) Gun

(c-2) Knife

(c-3) Unlawfully Selling a Controlled Substance

(c-4) Sexual Assault

(c-5) Possession of An Explosive


Latest drug trend…


The possession & consumption of

synthetic marijuana.


Common street names for Synthetic Marijuana:

Spice

Black Mamba

K-2

Puff

Sugar Sticks


Note:

Synthetic marijuana has been

designated as a controlled substance

by the federal government.

PREVENTIONPREVENTION

Education Code 48901.5 “Cyberbaiting” Discipline No-No’s Education Code 44807 Education Code 48911 Education Code 48910 Site Administrator’s Student

Suspension Checklist

PREVENTIONPREVENTION

(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.

Education Code 48901.5Education Code 48901.5Electronic Signaling DeviceElectronic Signaling Device

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.

Education Code 48901.5Education Code 48901.5Electronic Signaling DeviceElectronic Signaling Device

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).

““Cyberbaiting”Cyberbaiting”

Time out Periods

Forced Apologies

Sarcasm

Imposing Tasks

Corporal Punishment

Discipline No-No’sDiscipline No-No’s

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.

Education Code 44807Education Code 44807Duty Concerning Conduct of PupilsDuty Concerning Conduct of Pupils

(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.

Emergency SuspensionEmergency SuspensionEducation Code 48911 Education Code 48911

Education Code 48910Education Code 48910

Quick Reference:Quick Reference:Teacher’s SuspensionTeacher’s Suspension

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.

Education Code 48910Education Code 48910

Quick Reference:Quick Reference:Teacher’s SuspensionTeacher’s Suspension

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.

Ed. Code 48900 series violation ____________________

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 # ____________

Site Administrator Site Administrator Student Suspension ChecklistStudent Suspension Checklist

(Write in actual Ed. Code of 48900)

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?


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.


INTERVENTIONINTERVENTION

AB 746 (Campos)

AB 1156 (Eng)

AB 9 (Ammiano)

AB 123 (Mendoza)

Chaptered 2011 Legislation Related to Bullying Chaptered 2011 Legislation Related to Bullying & School Safety Effective in 2012& School Safety Effective in 2012

INTERVENTIONINTERVENTION

AB 746 (Campos)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)

AB 1156 (Eng)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

AB 1156 (Eng)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

AB 1156 (Eng)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.

AB 9 (Ammiano)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.

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 policies6. posting the policy in all schools and offices including staff lounges and pupil government meeting rooms


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).


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 entry4. 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)

AB 123 (Mendoza)AB 123 (Mendoza)

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

Identification / Prevention / InterventionIdentification / Prevention / Intervention Quiz 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.


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.


Sherman garnett

Education

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