Suspension And Expulsion/Due Process

San Francisco Unified School District and County Office of Education

Board Policy 5144.1

Suspension and Expulsion/Due Process

 

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

 

The Governing Board desires to provide District students access to educational opportunities in an orderly school environment that protects their safety and security, ensures their welfare and well-being, and promotes their learning and development. The Board shall develop rules and regulations setting the standards of behavior expected of District students and the disciplinary processes and procedures for addressing violations of those standards, including suspension and/or expulsion.

 

(cf. 5131 – Conduct)

(cf. 5131.1 – Bus Conduct)

(cf. 5131.2 – Bullying)

 

The grounds for suspension and expulsion and the procedures for considering, recommending, and/or implementing suspension and expulsion are outlined in this policy and in Board Policy 5144.  The Board authorizes the Superintendent to develop administrative regulations consistent with these Board policies and applicable legal requirements.

The administrative staff at each school may develop disciplinary rules to meet the school’s particular needs consistent with law, Board policy, and District regulations. The Board, at an open meeting, shall review the approved school discipline rules for consistency with Board policy and state law. Site-level disciplinary rules shall be included in the District’s comprehensive safety plan. (Education Code 35291.5, 32282)

 

(cf. 0450 – Comprehensive Safety Plan)

(cf. 9320 – Meetings and Notices)

 

Jurisdiction to Suspend or Expel

 

Except when otherwise permitted by law, a student may be suspended or expelled only when his/her behavior is related to a school activity or school attendance occurring within any District school or another school District, regardless of when it occurs, including, but not limited to, the following:  (Education Code 48900(s))

 

1. While on school grounds
2. While going to or coming from school
3. During the lunch period, whether on or off the school campus

(cf. 5112.5 – Open/Closed Campus)

4.  During, going to, or coming from a school-sponsored activity

 

District staff shall enforce the rules concerning suspension and expulsion of students fairly, consistently, equally, and in accordance with the District’s nondiscrimination policies.

 

(cf. 0410 – Nondiscrimination in District Programs and Activities)

 

Suspension

 

Appropriate Use of Suspension Authority

Suspension, including supervised suspension at school, may be imposed only in the most extreme circumstances when:

• the appropriate identified interventions in the Tiered Behavioral Discipline Matrix have been exhausted and documented in the District data system, and the principal or designee determines that suspension is appropriate; or
   
• the principal determines that there has been a violation of Education Code 48900(a)-(e) or a danger to persons; or
   
• the offense requires mandatory suspension and expulsion referral under Education Code 48915(c).

(cf. 1020 – Youth Services)

(cf. 5138 – Conflict Resolution/Peer Mediation)

(cf. 5144 – Discipline)

(cf. 6142.4 – Service Learning/Community Service Classes)

(cf. 6164.2 – Guidance/Counseling Services)

(cf. 6164.5 – Student Success Teams)

 

Prohibited Suspensions

 

1. No Suspension or Expulsion for Disruption/Defiance

No student shall be suspended, recommended for expulsion, or expelled solely on the basis of a 48900(k) offense.  For students who are disruptive or willfully defiant, as defined in 48900(k), alternative means of correction shall be used to address the behavior.  Alternatives shall reflect proactive and evidence-based interventions for differing levels of defiant or disruptive behavior, including behavior de-escalation support and trauma-sensitive services.

 

2. No Suspension or Expulsion for Dress Code Violations

Suspension or expulsion shall not be used as a punishment for the violation of a dress code, head covering policy or uniform policy.

 

3. No Suspension for Truancy, Tardiness or Absence

Suspension and expulsion may not be imposed for truancy, tardiness, or absence.  Alternatives to suspension or expulsion shall be used with students who are truant, tardy, or otherwise absent from assigned school activities. (Education Code 48900(w))

 

4. No Undocumented Suspensions

School staff are prohibited from:

1. Sending a student home before the end of the school day as a disciplinary consequence without complying with all of the requirements for issuing an out-of-school suspension.  (Education Code 48900-48911)
    
2. Removing students from class for one or more class periods, the remainder of a school day, or for more than one school day as a disciplinary consequence without documenting the removal in the District database, notifying the parent, and complying with all required procedures.  (Education Code 48910).
    
3. The Superintendent or designee will develop an administrative regulation to outline the criteria for permissible non-disciplinary dismissals and “permits to leave.” 

 

(cf. 5113 – Absences and Excuses)

(cf. 5113.1 – Chronic Absence and Truancy)

 

On-Campus Suspension

 

If a teacher suspends a student from class pursuant to Education Code section 48910, consistent in-school options will be available appropriately credentialed intensive supervision, behavioral counseling and completion of schoolwork provided for the duration of the suspension.  (Education Code 48911.1)

 

Counseling Center

 

To the extent feasible, a student who is serving an out of school suspension shall be allowed to serve the suspension in the SFUSD Counseling Center in lieu of serving the suspension at home.

 

Re-Entry Conference and Intervention Plans

 

Every student who is suspended from school shall receive a reentry conference and an intervention plan to be developed with the student and guardian/parent(s) that shall include clear documented behavioral and academic expectations for the student, and any additional services or supports that school staff will provide to assist the student in meeting those expectations.  A parent/guardian’s failure to participate shall not prevent the student from returning to school after the suspension, nor will it prevent the school and student from holding the conference or developing the intervention plan.  (Education Code 48911, 48914) 

 

Appeal of Suspension

 

Suspensions may be appealed using the procedures and criteria outlined in Education Code 49070, including appeals based on the failure to exhaust identified appropriate alternatives to suspension in the Tiered Behavioral Intervention Matrix.  The appeal process and timeline shall be explained on the Suspension Notice issued to parents/students.  The Superintendent or designee will develop the specific process and criteria for suspension appeals in an Administrative Regulation. 

 

Expulsion

 

Authority to Expel

 

A student may be expelled only by the Board.  (Education Code 48918(j))

 

As required by law, the Superintendent or principal shall recommend expulsion and the Board shall expel any student found to have committed any of the following “mandatory recommendation and mandatory expulsion” acts at school or at a school activity off school grounds:  (Education Code 48915)

1. Possessing a firearm which is not an imitation firearm, as verified by a certificated employee, unless the student had obtained prior written permission to possess the item from a certificated school employee, with the principal or designee’s concurrence

(cf. 5131.7 – Weapons and Dangerous Instruments)

2. Selling or otherwise furnishing a firearm
    
3. Brandishing a knife at another person
    
4. Unlawfully selling a controlled substance listed in Health and Safety Code 11053-11058
    
5. Committing or attempting to commit a sexual assault as defined in Penal Code 261, 266c, 286, 288, 288a, or 289, or committing a sexual battery as defined in Penal Code 243.4
    
6. Possessing an explosive as defined in 18 USC 921

For all other violations listed in the accompanying administrative regulation under “Grounds for Suspension and Expulsion: Grades K-12” and “Additional Grounds for Suspension and Expulsion: Grades 4-12,” the Superintendent or principal shall have the discretion to recommend expulsion of a student, consistent with the law and Board Policy.

 

If expulsion is recommended, the Board shall order the student expelled only if it makes a finding of either or both of the following: (Education Code 48915(b) and (e))

 

1. That other means of correction are not feasible or have repeatedly failed to bring about proper conduct
    
2. That due to the nature of the violation, the presence of the student causes a continuing danger to the physical safety of the student or others

 

A vote to expel a student shall be taken in a public session.

 

No student shall be expelled for disruption or willful defiance.  (Education Code 48900)

 

No child enrolled in a California state preschool program shall be expelled except under limited circumstances as specified in Education Code 8239.1. (Education Code 8239.1).

 

(cf. 5148.3 – Preschool/Early Childhood Education)

 

Suspending Enforcement of Expulsion

 

The Board may vote to suspend the enforcement of the expulsion order pursuant to the requirements of law and the accompanying administrative regulation.  (Education Code 48917)

 

Due Process

 

The Board shall provide for the fair and equitable treatment of students facing suspension and/or expulsion by affording them their due process rights under the law. The Superintendent or designee shall comply with procedures for notices, hearings, and appeals as specified in law and administrative regulation.  (Education Code 48911, 48915, 48915.5, 48918)

 

(cf. 5119 – Students Expelled from Other Districts)

(cf. 5144.2 – Suspension and Expulsion/Due Process (Students with Disabilities))

 

Maintenance and Monitoring of Outcome Data

 

The Superintendent or designee shall maintain outcome data related to student suspensions and expulsions in accordance with Education Code 48900.8 and 48916.1, including, but not limited to, the number of students recommended for expulsion, the grounds for each recommended expulsion, the actions taken by the Board, the types of referral made after each expulsion, and the disposition of the students after the expulsion period. For any expulsion that involves the possession of a firearm, such data shall include the name of the school and the type of firearm involved, as required pursuant to 20 USC 7961. Suspension and expulsion data shall be reported to the Board annually and to the California Department of Education when so required.

 

In presenting the report to the Board, the Superintendent or designee shall disaggregate data on suspensions and expulsions by school and by numerically significant student subgroups, including, but not limited to, ethnic subgroups, socioeconomically disadvantaged students, English learners, students with disabilities, foster youth, and homeless students. Based on the data, the Board shall address any identified disparities in the imposition of student discipline and shall determine whether and how the District is meeting its goals for improving school climate as specified in its local control accountability plan.

(cf. 0460 – Local Control and Accountability Plan)

 

 

Legal Reference:

EDUCATION CODE

212.5   Sexual harassment

233   Hate violence

1981-1981.5   Enrollment of students in community school

17292.5   Program for expelled students

32261   Interagency School Safety Demonstration Act of 1985

35145   Open board meetings

35146   Closed sessions (regarding suspensions)

35291   Rules (for government and discipline of schools)

35291.5   Rules and procedures on school discipline

48645.5   Readmission; contact with juvenile justice system

48660-48666   Community day schools

48853.5   Foster youth

48900-48927   Suspension and expulsion

48950   Speech and other communication

48980   Parental notifications

49073-49079   Privacy of student records

52060-52077   Local control and accountability plan

CIVIL CODE

47   Privileged communication

48.8   Defamation liability

CODE OF CIVIL PROCEDURE

1985-1997   Subpoenas; means of production

GOVERNMENT CODE

11455.20   Contempt

54950-54963   Ralph M. Brown Act

HEALTH AND SAFETY CODE

11014.5   Drug paraphernalia

11053-11058   Standards and schedules

LABOR CODE

230.7   Discharge or discrimination against employee for taking time off to appear in school on behalf of a child

PENAL CODE

31   Principal of a crime, defined

240   Assault defined

241.2   Assault fines

242   Battery defined

243.2   Battery on school property

243.4   Sexual battery

245   Assault with deadly weapon

245.6   Hazing

261   Rape defined

266c  Unlawful sexual intercourse

286   Sodomy defined

288   Lewd or lascivious acts with child under age 14

288a  Oral copulation

289   Penetration of genital or anal openings

417.27   Laser pointers

422.55   Hate crime defined

422.6   Interference with exercise of civil rights

422.7   Aggravating factors for punishment

422.75   Enhanced penalties for hate crimes

626.2   Entry upon campus after written notice of suspension or dismissal without permission

626.9   Gun-Free School Zone Act of 1995

626.10   Dirks, daggers, knives, razors, or stun guns

868.5   Supporting person; attendance during testimony of witness

WELFARE AND INSTITUTIONS CODE

729.6   Counseling

UNITED STATES CODE, TITLE 18

921   Definitions, firearm

UNITED STATES CODE, TITLE 20

1415(K)  Placement in alternative educational setting

7151   Gun-free schools

UNITED STATES CODE, TITLE 42

11432-11435   Education of homeless children and youths

COURT DECISIONS

T.H. v. San Diego Unified School District (2004) 122 Cal. App. 4th 1267

Woodbury v. Dempsey (2003) 108 Cal. App. 4th 421

Board of Education of Sacramento City Unified School District v. Sacramento County Board of Education and Kenneth H. (2001) 85 Cal.App.4th 1321

Garcia v. Los Angeles Board of Education (1991) 123 Cal. App. 3d 807

Fremont Union High School District v. Santa Clara County Board (1991) 235 Cal. App. 3d 1182

John A. v. San Bernardino School District (1982) 33 Cal. 3d 301

ATTORNEY GENERAL OPINIONS

84   Ops.Cal.Atty.Gen. 146 (2001)

80   Ops.Cal.Atty.Gen. 348 (1997)

80   Ops.Cal.Atty.Gen. 91 (1997)

80   Ops.Cal.Atty.Gen. 85 (1997)

 

Management Resources:

CSBA PUBLICATIONS

Safe Schools:  Strategies for Governing Boards to Ensure Student Success, 2011

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter on the Nondiscriminatory Administration of School Discipline, January 2014

WEB SITES

CSBA: http://www.csba.org

California Attorney General’s Office: http://www.oag.ca.gov

California Department of Education: http://www.cde.ca.gov

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr/docs/crdc-2012-data-summary.pdf

U.S. Department of Education, Office of Safe and Drug-Free Schools: http://www.ed.gov/about/offices/list/osdfs

 

 

Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.