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(8.2) What are the behaviors that could get both regular and special education students suspended or expelled?

(8.2) What are the behaviors that could get both regular and special education students suspended or expelled?

Students with disabilities may be suspended for any one of the misbehaviors on the list below that applies to all students, even if the misbehavior is a manifestation of the child’s disability. Suspension or expulsion for any of these acts must be related to school activity or attendance. This includes misconduct which occurs on school grounds, while going to or coming from school, during lunch (whether on or off campus), during a school sponsored activity, or while going to or coming from a school sponsored activity. [Cal. Ed. Code Sec. 48900(s).] The permissible grounds for taking disciplinary action under California Education Code Section 48900 are:

  1. Causing or threatening physical injury to another;
  2. Willfully using force or violence against someone, except in self-defense;
  3. Possessing a knife, gun, explosive, or other dangerous object without school authorities’ permission, or furnishing such an object;
  4. Unlawfully possessing, using, selling, or furnishing a controlled substance, alcoholic beverage, or intoxicant of any kind, or being under the influence of such a substance, beverage, or intoxicant;
  5. Offering or furnishing a substance misrepresented to be a controlled substance, alcoholic beverage, or intoxicant;
  6. Committing or attempting to commit robbery or extortion;
  7. Damaging or attempting to damage school or private property;
  8. Stealing or attempting to steal school or private property;
  9. Possessing or using tobacco in an unauthorized manner;
  10. Committing an obscene act or engaging in habitual profanity or vulgarity;
  11. Dealing in drug paraphernalia;
  12. Disrupting school activities or otherwise willfully defying school authorities. Students in kindergarten through grade 3 cannot be suspended for this act, and students in kindergarten through grade 12 cannot be recommended for expulsion. [Cal. Ed. Code Sec. 48900(k)(2)] Starting on July 1, 2020, the ban to suspend for willful defiance will extend to students in grade four and five, and for five years, it will also apply to students in grades six through eight. [Cal Ed. Code Sec. 48900(k).];
  13. Knowingly receiving stolen school or private property;
  14. Possession of an imitation firearm that appears to be real;
  15. Commission or attempt to commit a sexual assault, commission of a sexual battery;
  16. Harassment, threat, or intimidation of a student who is a witness in a school disciplinary proceeding;
  17. Engaging in hazing, or attempted hazing. (Hazing includes rituals that can cause serious bodily harm or personal degradation or disgrace);
  18. Engaging in bullying, whether in person or electronically (for example, by email, text message or on social media);
  19. Engaging in sexual harassment which a reasonable person of the same gender as the victim would consider sufficiently severe or pervasive as to have a negative impact on such a victim’s academic performance or to create an intimidating, hostile, or offensive educational environment [Cal. Ed. Code Sec. 48900.2];
  20. Causing, attempting to cause, threatening to cause, or participating in acts of hate violence, which is defined as injuring or interfering with a person’s exercise of any constitutional or other legal rights because of the person’s or a perception of the person’s, race, color, religion, ancestry, national origin, disability, gender, or sexual orientation [Cal. Ed. Code Sec. 48900.3, Cal. Penal Code Secs. 422.6 & 422.55];
  21. Intentionally engaging in harassment, threats, or intimidation, directed against school district personnel or pupils that is sufficiently severe to disrupt classwork, create substantial disorder, and invade the rights of the student or group by creating an intimidating or hostile educational environment [Cal. Ed. Code Sec. 48900.4]; and
  22. Making terrorist threats against school officials or school property. This includes any oral or written statement threatening to commit a crime which will result in death, great bodily injury, or property damage in excess of $1000 [Cal. Ed. Code Sec. 48900.7.]

Suspension or expulsion for any of these acts must be related to school activity or attendance. This includes misconduct which occurs on school grounds, while going to or coming from school, during lunch (whether on or off campus), during a school sponsored activity, or while going to or coming from a school sponsored activity. [Cal. Ed. Code Sec. 48900(s).]