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Dress Code and Discipline Policies (Parent Student Handbook)

2018-19 Parent Student Handbook

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Question

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  • If my child is suspended, can he/she be sent home without my knowledge?
  • Are there alternative programs to suspension/expulsion?

Contact your child’s principal or vice-principal.

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  • Where can I find the dress code for my child’s school?
  • I have questions about the school dress code, whom can I contact?

Contact your child’s school.

See school directory

Dress and Appearance

It is the district’s intent to provide a safe and secure learning environment for all students, grades K-12. The purpose of our dress code policy (Governing Board Policy 5132) is to ensure that student clothing does not present a health or safety hazard or create a distraction that would interfere with the educational process. It is expected that clothing worn to school activities be neat, clean, acceptable in appearance, and be within the bounds of decency and good taste as appropriate for school and as defined by the dress code policy.

Dress and Appearance

B.P. 5132; A.R. 5132

The Governing Board believes that appropriate dress and appearance contribute to a productive learning environment. The Board expects students to give proper attention to personal cleanliness and to wear clothes that are suitable for the school activities in which they participate. Students’ clothing must not present a health or safety hazard or interfere with the educational process. In adopting this Dress and Appearance policy, it is the Board’s intention to comply with education code 221.5.

The Board recognizes that, in order to promote student safety and a positive school climate, the staff, parents/guardians, and students must be involved in the development of the Dress and Appearance policy.

School sites, in collaboration with the staff, parents/guardians and students may develop a Site-Specific Dress Code which exceeds the district’s minimum Dress and Appearance Policy, but is not contradictory. The superintendent or designee shall establish a process for the submission and approval of Site-Specific Dress Code in conjunction with each school’s safety plan.

Students and parents/guardians shall be informed about the Dress and Appearance policy as well as any Site-Specific dress code at the beginning of the school year and when revised. A student who violates the minimum Dress and Appearance Policy shall be subject to appropriate disciplinary action. Except in exigent circumstances, a violation of the Dress and Appearance Policy, shall not be grounds for suspension or expulsion.

The following items are specifically prohibited at school or school-related activities under the Fresno Unified Dress Code policy. In addition, any apparel, hair style, cosmetic or jewelry, even if not specifically mentioned below, which creates a safety concern, draws undue attention to the wearer, or tends to detract from the educational process is also prohibited:

  • Body piercing (eyebrows, nose, lips) are not permitted.
  • Non-prescription sunglasses worn indoors.
  • Head coverings other than caps/hats with school logos (must be removed in school buildings).
  • Non-school logos (Exception: designated school days determined by site).
  • See-through clothing, clothing that reveals a bare midriff or chest, or clothes that expose the body in a sexually suggestive manner are not acceptable.
  • Underwear-type sleeveless shirts, tube tops, halter tops and spaghetti straps are not acceptable.
  • Sagging or baggy pants that do not fit the waist or that are drastically altered or frayed are not acceptable.
  • Skirts, shorts, and dresses that are more than 4 inches above the knee, or are form-fitting or tight around the body (such as bike shorts).
  • Attire that may be used as a weapon may not be worn, including steel-toed boots, chains, items with spikes or studs.
  • Thongs, flip flops, backless sandals/ shoes are not acceptable.
  • Any fashions that draw undue attention to the wearer, or detract from the educational environment, including exotic clothing, extreme make-up, body piercing, military, or camouflage attire.
  • Gang-related tattoos must be covered.

Gang-Related Apparel

The Board recognizes that, in order to promote student safety and discourage theft, peer rivalry, and/or gang activity, the principal, staff, and parents/guardians at a district school may wish to establish a reasonable site-specific dress code that prohibits students from wearing gang-related apparel when there is evidence of a gang presence that disrupts or threatens to disrupt the school’s activities. Such a dress code shall be included as part of the school safety plan presented to the Board for approval. The Board shall approve the plan upon determining that it is necessary to protect the health and safety of the school’s students.

Dress Codes and School Uniforms

E.C. 35183

The Governing Board of any school district may adopt or rescind a reasonable Dress Code Policy that requires pupils to wear a school-wide uniform or prohibits pupils from wearing gang-related apparel if the Governing Board of the school district approves a plan that may be initiated by an individual school’s Principal, staff, and parents/guardians and determines that the policy is necessary for the health and safety of the school environment. Individual schools may include the reasonable dress code policy as part of its school safety plan, pursuant to Section 35294.1.

Uniforms

In order to promote student safety and discourage theft, peer rivalry and/or gang activity, the Principal, staff, and parents/guardians at a school may establish a reasonable school uniform program as part of the Site-Specific Dress Code. Such shall be included as part of the school safety plan and must be presented to the Board for approval. The Board shall approve the plan upon determining that it is necessary to protect the health and safety of the school’s students.

Uniforms are the identification of a certain color for the students to wear from the waist up as tops and the identification of another color for the students to wear from the waist down as bottoms.

Parents/Guardians may exempt their children from participation in a school uniform program. Students shall not be penalized academically, otherwise discriminated against or denied attendance to school if their parents/guardians choose not to comply with the school uniform policy. A student exempted from participation in a school uniform dress program must comply with the Dress and Grooming Code in the school’s safety plan.

Parental notification is required at least six (6) months before implementing a School-Wide Uniform Policy.

The Superintendent or designee shall ensure that resources are identified to assist economically disadvantaged students in obtaining uniforms. (Educational Code 35183)

Sun Protective Clothing

AR 5132 (b)

  1. Each school site shall allow for outdoor use during the school day, articles of sun-protective clothing, including but is not limited to, hats.
  2. Each school site may set a policy related to the type of sun-protective clothing, including but is not limited to hats, that pupils will be allowed to use outdoors, pursuant to subdivision (a). Specific clothing and hats determined by the school district or school site to be gang-related or inappropriate apparel may be prohibited by the dress code policy.

Sunscreen

E.C. 35183.5 (b)

  1. Each school site shall allow pupils the use of sunscreen during the school day without an authorized health care provider’s note or prescription.
  2. Each school site may set a policy related to the use of sunscreen by pupils during the school day.

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Student Discipline

Expected Student Behavior

Rules and regulations are established to maintain an atmosphere conducive to learning. Students who fail to comply with these rules and regulations will be counseled, reprimanded, suspended, or expelled, and/or arrested as the laws are applied.

The Governing Board of any school district shall prescribe rules not inconsistent with law or with the rules prescribed by the State Board of Education for the government and discipline of the schools under its jurisdiction. E.C. 35291

Participation/Attendance at extracurricular activities is considered a part of the educational program. Participants or spectators carry responsibilities as representatives of the schools/communities. All rules of student conduct apply also to extracurricular activities.

Any Governing Board may enforce the provisions of Section 35291 by suspending or, if necessary, expelling a student in any Elementary or Secondary school who refuses or neglects to obey any rules prescribed pursuant to that section. E.C. 35291, 48980; A.R. 5144, 5144.1

Discipline

The Governing Board is committed to providing a safe, supportive and positive school environment which is conducive to student learning and to preparing students for responsible citizenship by fostering self-discipline and personal responsibility. The Board believes that high expectations for student behavior, use of effective school and classroom management strategies, provision of appropriate intervention and support, and parent involvement can minimize the need for disciplinary measures that exclude students from instruction as a means for correcting student misbehavior. Staff shall use preventative measures and positive conflict resolution techniques whenever possible.

The superintendent or designee shall provide a complement of effective, age appropriate strategies for maintaining a positive school climate correcting student behavior at district schools. The strategies shall focus on providing students with needed supports; communicating clear, appropriate, and consistent expectations and consequences for student conduct; and ensuring equity and continuous improvement in the implementation of district discipline policies and practices. Strategies may include but are not limited to conferences which restore the relationships between staff, students and parents/guardians; youth court, mediation, use of study, guidance, or other intervention related teams; enrollment in a program teaching positive social behavior or anger management; and participation in a restorative justice program. Staff shall use preventative measures and positive conflict resolution techniques whenever possible. In addition, the Superintendent or designee’s strategies shall reflect the Board’s preference for the use of positive interventions and alternative disciplinary measures over exclusionary discipline measures as a means for correcting student misbehavior. Disciplinary measures that may result in a loss of instructional time or cause students to be disengaged from school, such as, detention, suspension and expulsion, shall be imposed only when required by law or when other means of correction have been documented to have failed (Education Code 48900.5)

Conflict resolution and other strategies shall be considered as part of each school’s comprehensive safety plan. Staff shall enforce disciplinary rules fairly, consistently and in accordance with the district’s nondiscrimination policies. B.P./A.R. 5144, 5144.1

School personnel and volunteers shall not allow any disciplinary action taken against a student to result in the denial or delay of a school meal. (Education Code 49557.5)

Conferencing

Students will be counseled regarding appropriate school behavior.

Detention

Students may be detained for disciplinary or other reasons up to one (1) hour after the close of the maximum school day.

Suspension by Teacher

A teacher may suspend any pupil from his/her class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. E.C. 48910

A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the Principal or designee for consideration of a suspension from the school.

Whenever a student is removed from a class because he/she committed an obscene act, engaged in habitual profanity or vulgarity, disrupted school activities or otherwise willfully defied valid staff authority, the teacher of the class from which the student was removed may require that the student’s parent/guardian attend a portion of a school day in that class from which the student is being suspended, to assist in resolving the classroom behavior problems. When a teacher requires parental attendance, the principal shall send a written notice to the parent/guardian stating that his/her attendance is required pursuant to law. A parent/guardian who has received a written notice shall attend class as specified in the notice. B.P. 5144.1

On-Campus Supervised Suspension Classroom

The Board recognizes that students who are suspended from school frequently have no supervision or guidance during the school hours when they are off campus and may fall behind in the course work. The Board believes that in many cases, it would be better to manage the student’s behavior by keeping the student at school and providing him/her with supervision that is separated from the regular classroom.

To ensure the proper supervision and ongoing learning of students, The Superintendent or designee shall establish a supervised in-house suspension program which meets the requirements of law for students suspended for any of the offenses enumerated in Education Code Section 48900 and 48900.2, who pose no imminent danger or threat to anyone at school and for whom an expulsion action has not been initiated.

Except where a supervised suspension is permitted by law for a student’s first offense, supervised suspension shall be imposed only when other means of correction have failed to bring about proper conduct. (Education Code 48900.5)

The Superintendent or designee shall examine alternatives to off-campus suspension and may establish a suspension program which involves progressive discipline during the school day on campus; use of conferences which restore the relationship between staff, parents/guardians and students; detention; youth court, mediation, student study teams or other assessment-related teams; and/or referral to school support services staff. The use of such alternatives does not preclude off-campus suspensions.

Suspension

B.P. 5144.1; A.R. 5144.1

Suspension is the temporary removal of a student from regular classroom instruction or from school as initiated by a teacher or administrator for adjustment purposes. Suspended students shall be denied the privilege of participation in all extracurricular activities during the period of suspension or expulsion. A student’s parents/guardians shall be notified as soon as possible when there is an escalating pattern of misbehavior that could lead to on-campus or off-campus suspension.

Suspension Procedure requires:

  1. An informal conference with the student;
  2. A reasonable effort made to contact the pupil’s parent/guardian in person or by telephone at the time of suspension: a written notice to follow;
  3. That parents/guardians respond to the school’s request for a conference without delay, as per state law;
  4. That parents/guardians be informed that suspension may be reviewed by the Superintendent or designee; and
  5. That suspended student must remain under parent/guardian supervision and is not to be on or around any school campus or attend school activities for the duration of the suspension.

Students may be suspended or expelled for the following reasons under E.C. 48900:

E.C. 48900 (a)
(1) Caused, attempted to cause, or threatened to cause physical injury to another person, or (2) willfully used force or violence upon the person of another, except in self-defense.

E.C. 48900 (b)
Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any such object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the Principal or designee.

E.C. 48900 (c)
Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of any controlled substance, an alcoholic beverage, or an intoxicant of any kind.

E.C. 48900 (d)
Unlawfully offered, arranged, or negotiated to sell any controlled substance, 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 it as a controlled substance, alcoholic beverage, or intoxicant.

E.C. 48900 (e)
Committed or attempted to commit robbery or extortion.

E.C. 48900 (f)
Caused or attempted to cause damage to school property or private property.

E.C. 48900 (g)
Stole or attempted to steal school property or private property.

E.C. 48900 (h)
Possessed and/or used tobacco products.

E.C. 48900 (i)
Committed an obscene act or engaged in habitual profanity or vulgarity.

E.C. 48900 (j)
Unlawfully possessed, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia.

E.C. 48900 (k)
Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. No student in grades K-3 may be suspended for disruption or willful defiance.

E.C. 48900 (l)
Knowingly received stolen school property or private property.

E.C. 48900 (m)
Possessed an imitation firearm.

E.C. 48900 (n)
Committed or attempted to commit specified acts of sexual assault or committed sexual battery.

E.C. 48900 (o)
Harassed, threatened, or intimidated a pupil who is a complaining witness.

E.C. 48900 (p)
Unlawfully offered, arranged, negotiated to sell, or sold the prescription drug Soma.

E.C. 48900 (q)
Engaged in, or attempted to engage in, hazing.

E.C. 48900 (r)
Engaged in an act of bullying, Including, but not limited to, bullying committed by means of an electronic act.

E.C. 48900 (t)
Aided or abetted the infliction or attempted infliction of physical injury to another person. (May be subject to a suspension but not expulsion).

E.C. 48900.2
(Grades 4-12)
Committed sexual harassment, as defined by E.C. 212.5.

E.C. 48900.3
(Grades 4-12)

Caused, attempted to cause, threatened to cause, or participated in an act of hate violence, as defined in subdivision (e) of E.C. 233.

E.C. 48900.4

(Grades 4-12)
Intentionally engaged in harassment, threats, or intimidation directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably-expected effect of materially disrupting classwork, creating substantial disorder, and invading rights of either school personnel or pupils by creating an intimidating or hostile educational environment.

E.C. 48900.7

(Grades K-12)

Made terrorist threats against school officials or school property, or both.

Students shall not be suspended or expelled for truancy, tardiness, or absenteeism from assigned school activities.

Alternative to Suspension (ATS)

To correct the behavior of any student who is subject to discipline, the Superintendent or designee shall, to the extent allowed by law, first use other means of correction. (Education Code 48900.5)

The Superintendent or designee shall establish a supervised on-campus suspension program which meets the requirements of law for students suspended for any of the offenses enumerated in Education Code Section 48900 and 48900.2, who pose no imminent danger or threat to anyone at school and for whom an expulsion action has not been initiated. The Superintendent or designee shall examine alternatives to off-campus suspension and may establish a suspension program which involves progressive discipline during the school day on campus; use of conferences which restore the relationship between staff, parents/guardians and students; detention; youth court, mediation, student study teams or other assessment-related teams; and/or referral to school support services staff. The use of such alternatives does not preclude off-campus suspensions.

School-based conflict resolution programs are designed to help students learn constructive ways of handling conflict. These programs can reduce violence, restore relationships and promote communication, personal responsibility and problem-solving skills among students. Conflict resolution programs shall not supplant the authority of staff to take appropriate action as necessary to prevent violence, ensure student safety, maintain order in the school, and institute disciplinary measures.

Additional Education Codes Regarding Suspension:

E.C. 48911

Rules and Procedures regarding suspension.

E.C. 48912

Suspensions handled in closed meetings to protect student privacy.

E.C. 48915.1; A.R. 5119

Enrollment of a student expelled from another District. A hearing will be held to determine if the student will be enrolled based on the act that caused the expulsion, and if the student poses a continuing danger.

E.C. 48916; A.R. 5144.1

Explanation of the readmission process after an expulsion, including the use of a rehabilitation plan.

E.C. 49332; A.R. 5144.1

School personnel may retain possession of any injurious object taken from a student until the risk of its use has dissipated.

Search and Seizure

B.P. 5145.12

Under Board Policy, metal detectors may be used randomly to promote safety and deter the presence of weapons. Specially-trained, non-aggressive dogs may be used to sniff out and alert staff to the presence of contraband such as drugs, alcohol, firearms, and explosives. Dogs may not sniff any person, but may sniff around lockers, desks, items, or vehicles on school property.

Expulsion

BP/AR 5144.1

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

Expulsion Timeline

An expulsion hearing shall be held within thirty (30) school days of date the Principal or designee determines that the student committed the violation. A written notice of the hearing shall be forwarded to the student at least ten (10) calendar days prior to the date of the hearing. If parent/guardian wants to have the hearing take place before this time, the parent/guardian may sign a ten (10)-day notice waiver. To postpone the expulsion panel hearing, the request must be made in writing five (5) days prior to the expulsion hearing and sent to:

Department of Prevention and Intervention
Discipline Office
1350 M Street
Fresno CA 93721

The Board shall make a decision about the student’s expulsion within forty (40) school days after the student’s removal from school for the incident for which the recommendation for expulsion is made.

Extension of the Suspension

E.C. 48911; A.R. 5144.1

In a case where expulsion from any school or suspension for the balance of the semester from continuation school is being processed by the Governing Board, the school district Superintendent or other person designated by the Superintendent in writing, may extend the suspension until the Governing Board has rendered a decision in the action, except that the designee shall not be a person employed at the school where the pupil is enrolled. However, an extension may be granted only if both of the following conditions are met:

  1. Prior to the decision regarding the extension, the pupil and his/her parent/guardian are provided an opportunity to meet with the Superintendent or designee regarding the extension.
  2. The Superintendent or designee has determined, that the student presents a danger to persons or property or threat of disrupting the instructional process. E.C. 48911

Timeline

  • Determination of Conduct in Violation of E.C. 48900, 48900.2-4, 48900.7 and/or 48915. Suspension: Not more than five (5) school days. E.C. 48911
  • Recommendation Expulsion/Extension of Suspension E.C. 48915: Within the five (5) school days of suspension/extension pending decision on expulsion. E.C. 48911 (g)
  • Notice of Hearing: At least ten (10) calendar days prior to hearing. E.C. 48918 (c)
  • Student Request for Open Hearing: Within five (5) calendar days preceding hearing. E.C. 48918 (c)
  • District Extension of Hearing Date: Up to five (5) school days “for good cause”. E.C. 48918 (a)
  • Pupil Postponement: Entitled to not more than thirty (30) calendar days--additional days at Board’s discretion. E.C. 48918 (a)

Student 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 administrative regulation and law. (Education Codes 48911, 48915, 48915.5, 48918)

Hearing

A.R. 5144.1

  • To be conducted within thirty (30) school days of determination of pupil violation. E.C. 48918 (a) (1)
  • Administrative Panel Determination: Within three (3) school days or thirty-three (33) days without postponements. E.C.48918 (e)
  • Decision of Governing Board: Within ten (10) school days or forty (40) days without pupil requested hearing postponement. E.C. 48918 (a)(2)
  • Appeal to County Board: Within thirty (30) calendar days following local Board’s decision. E.C. 48919
  • Appellate Hearing: Within twenty (20) school days following filing of formal request. E.C. 48919
  • Decision of the County Board: Within three (3) school days of hearing absent pupil request for postponement. E.C. 48919

What Happens at a Hearing?

When the Superintendent or designee receives a request for an Expulsion Panel Hearing, an Administrative Panel meets to hear why the recommendation has been made. The Administrative Panel consists of three (3) or more certificated persons who are impartial; none of whom shall be members of the Board or employed at the student’s school. The school will have an administrator there to present the case. The hearing, which is taped, may be transcribed at the parent’s/guardian’s expense if the Board’s decision is appealed.

At the hearing, the Panel will hear the evidence and testimony provided by the school and student. Parent/guardian will have a chance to tell the Panel if the information from the school is not accurate Parent/guardian may also inform the Panel of any concerns they have before the Panel makes a recommendation.

The Board of Education will receive the Panel’s recommendation and is the only body that can make a decision on the recommendation. Parent/guardian may appeal the Board’s decision within thirty (30) days to Fresno County Board of Education. The expulsion hearing will present facts about the incident. Also presented will be information about the student related to their to academic performance, attendance, and discipline.

Hearing Procedure

  • The Chairperson will explain the expulsion procedure to the parent/guardian and the student.
  • The Chairperson will ask everyone in the room to identify themselves so the tape will reflect it.
  • Charges shall be stated by the representative of the school district.
  • The student, parent/guardian, or the representative may present any written materials felt to be pertinent to the case.
  • A brief recess will then be held in order that everyone may read and review those materials presented.
  • The parent/guardian, the student, and the student’s representative will be sworn in.
  • Presentation of witnesses and evidence will be made by the representative of the school district.
  • The student, parent/guardian, or the representative presents the student’s case.
  • Summation and recommendations, if any, are to be made by the representative of the school district.
  • Concluding remarks, if any, are to be made by the student, parent/guardian, or Student’s representative.
  • There will be closure of the hearing and withdrawal of all participants from the hearing room except for the Administrative Panel members.
  • The Panel then will deliberate, in closed session, in order to reach a decision as to the finding of fact and the Panel’s recommendations.

Parent Options and Responsibilities

  • If the student has moved to another school district, the law requires that the new district be notified of the expulsion or any pending expulsion (E.C. 48915.1, 48918).
  • A student may apply to another school district and must inform its staff of the expulsion order or any pending expulsion.
  • A student may apply for admission to a private school.

Appeal May Be Filed With the County Board of Education

The student and parent/guardian have the right to file an appeal of expulsion to the Fresno County Board of Education within thirty (30) calendar days of the decision to expel the student. If thirty (30) days have passed since the date of the expulsion, the Fresno County Board of Education does not have jurisdiction to hear the appeal. On some occasions, a district may suspend an expulsion allowing a student to return to school under certain conditions. However, the thirty (30)-day time limitation applies even though the student may be attending school.

Student Placement

There are two (2) types of expulsions:

  1. Straight; and
  2. Suspended.

If a student is placed on straight expulsion, he/she may not attend any Fresno Unified school during the expulsion term set by the Board of Education.

A suspended expulsion with conditions allows the student to remain in a district school during the expulsion term. However, if the student violates the conditions set forth by the Board of Education, the student will be placed on a straight expulsion for the remainder of his/her expulsion term.

The responsibility for transportation to any school site resultant from these disciplinary actions remains with the parent/guardian.

Community Schools

Fresno County Community Schools are run by the Fresno County Superintendent’s Office to provide an academic program to students who are expelled, on probation or on parole. The County programs serve students grades 7-12. After the Board action, referrals to Community School are made through the Fresno Unified’s Department of Prevention and Intervention. Questions should be directed to the Discipline Office at 457-3348.
(B.P. 6181)

Right to an Attorney (Parent’s/Guardian’s Expense)

Fresno Unified intends to conduct a hearing in a manner which does not require attorneys. This information is to help the applicant understand the hearing process. While attorneys are not required, it is the right of the student and the parent/guardian and the right of the Fresno Unified School District to have an attorney or advocate present.

NOTIFICATION REGARDING EXPULSION

The Fresno Unified School District Board of Education has established policies and standards of behavior which promote learning and protect the safety and well-being of students. When these policies are violated, it may be necessary to suspend or expel a student. Board Policy 5144.1 aligns with California Education Code in the approach to serious offenses.

The following offenses will warrant a mandatory referral for expulsion:

1. Possessing loaded or unloaded firearms

2. Brandishing a knife at another person

3. Unlawfully selling a controlled substance

4. Sexual assault (including attempt) or sexual battery

5. Possessing an explosive

The offenses listed above will not be tolerated in the school buildings, school grounds, and buses, going to or coming from lunch or school or at any school-sponsored activity.

For all other violations, the principal shall have the discretion to recommend expulsion of a student. If expulsion is recommended, the Board shall order the student expelled only if it makes a finding of either or both of the following:

1. That other means of correction are not feasible of 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

Students who violate the applicable Penal Codes referenced by this policy will be referred to the appropriate law enforcement authorities.

This policy is publicized and each student and parent/guardian will be asked to sign a copy of the Notification Regarding Expulsion. Parents/Guardians are also requested to acknowledge the receipt of the Notification Regarding Expulsion (formerly referred to as the Zero Tolerance Letter of Notification) by their signature on the Illness and Accident Procedure Card. If the letter and/or card are not returned to the school, the policy still applies to all students.

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