Referral of a student to the Superintendent or Vice Principal is used as a last resort, after teachers have exhausted all other appropriate preventive and corrective measures. Once a student reaches administration, the seriousness of the case will speak for itself. The case will be dealt with as rapidly, firmly, and as fairly as possible. In all instances, parents will be contacted.
When a student is suspended, the parents are required to contact the School Office as soon as possible in order to establish a conference. After the student and his/her parents have conferred with the Superintendent and the teacher, the pupil may be readmitted to school. A conference must be held with the person submitting the referral and parent. The child cannot just come back to school when the suspension is over. When behavior warrants, parents will be requested to come to school and sit with their child for 1 to 5 days.
All school rules will be enforced:
While on school grounds,
While coming to or going from school,
During school hours whether on or off campus, and
During or while coming to and from a school-sponsored activity.
SEARCHES AND SEIZURES
California Education Code 49050 and 49051 provides school officials with the latitude to search students and their possessions in the ongoing effort to maintain a safe and secure campus. When a school official has “reasonable suspicion” that a student may be in possession of contraband or dangerous objects, the student will be asked to empty all pockets and provide the school official access of other personal items (backpacks, lockers, etc.) which may contain contraband or dangerous objects. The school official will make every attempt to be unobtrusive and respectful of privacy. Students should be aware that any contraband or dangerous objects found in their possession would be assumed to belong to them. Finally, if a student should discover contraband or dangerous objects on campus, he or she should go immediately to the nearest school official and report it (or turn it over if it is safe to transport).
SUSPENSION AND EXPULSION
Suspension and/or expulsion will be imposed only when other means of correction fail to bring about proper conduct. However, any pupil, including pupils with exceptional needs may be suspended – and possibly expelled- for any of the reasons enumerated in California Education Code section 48900), or if the school determines that the pupil’s presence causes danger to persons of property or threatens to disrupt the instructional process. Suspension removes the student from campus from one to five days after which time the student may return to school. Expulsion removes the student from his/her educational setting for a length of time directed by the Superintendent. Expulsion is a formal process, which entails a suspension and hearing at the District Office. Suspended students must be at home during school hours and are not to be on or near school grounds, or any school activity until the suspension has been served.
REQUIRED PARENTAL ATTENDANCE
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 provide that the student’s parent/guardian attend a portion of a school day in that class. After completing the classroom visit and before leaving school premises, the parent/guardian also shall meet with the principal or designee. (Education code 48900.1)
Any student who is sent to the office with a behavioral referral is considered to have gone above and beyond acceptable behavior. All referrals will be taken seriously. Consequences for referrals can range from a warning up to suspension and/or expulsion. The following are examples of possible consequences:
Parent Required to Sit in Class (As allowed by State Law)
Off Campus and/or In School Suspension
COMMUNITY DAY SCHOOL
Contact Law Authority
Recommendation to SARB
A complete list of consequences may be obtained from the District Office.
RELEASE OF STUDENT TO PEACE OFFICER
If a school official releases your child from school to a peace officer for the purpose of removing him/her from the school premises, the school official shall take immediate steps to notify the parent/guardian or responsible relative, except when a student has been taken into custody as a victim of suspected child abuse. In such a case, the peace officer will notify the parent/guardian.
MANDATORY SUSPENSION AND EXPULSION
The following acts require mandatory suspension and expulsion recommendation:
Possessing, selling or furnishing a firearm.
Brandishing a **knife at another person.
Sale of Drugs.
Committing or attempting to commit sexual assault; or committing sexual battery.
REFERENCE: EDUCATION CODE 48915 (c) and (g)
Superintendent shall recommend expulsion, unless inappropriate under the circumstances for any of the following acts committed at school or a school activity off grounds:
Causing serious physical injury (except in self defense)
Possession of any **knife, explosive, or other dangerous object.
Possession of drugs (except for first offense of possession of not more than one ounce of marijuana).
Robbery or extortion.
Assault or Battery upon a school employee.
REFERENCE EDUCATION CODE 48915(a) & (b)
The governing board may expel for these violations, but only on finding that other means of corrections not feasible/failed in the past; or that, due to the nature of the act, student’s presence creates a continuing danger to physical safety of student or others.
**Definition of Knife: Any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing; a weapon with a blade longer than 3.5 inches; a folding knife with a blade that locks into place; or a razor with an unguarded blade.
The superintendent may recommend expulsion, and governing board may expel, for violations of 48900 (a) – (c), but only on governing board’s finding that other means of correction not feasible/failed in the past; or that, due to the nature of the act, student’s presence creates a continuing danger to physical safety of student or others.
Superintendent may recommend expulsion, an governing board may expel, for violations of 48900 (f) – (o) or sections 48900.2, 48900.3, 48900.4 or 48900.7, at school or at a school activity off school grounds, but only finding: that other means of correction not feasible/failed in the past; or that, due to the nature of the act, student’s presence creates a continuing danger to physical safety of student or others.
Fighting at school, on the bus, at a bus stop, on the way to or from the bus stop or at a school event, will result in severe consequences. In most cases the Tulare County Sheriff’s Department will be contacted. Students who encourage a fight, or who hinder stopping a fight will be considered actual participants.
REFERENCE EDUCATION CODE 21201.5 AND 51553
PARENT LIABILITY AND RESPONSIBILITY
Parents/guardian are liable for all the damages caused by the willful misconduct of their minor children, which result in death or injury to other students, school personnel, or school property. Parents/guardians are also responsible for any school property loaned to their student. Parents/guardians liability may be as much as $19,000 in damages and another $19,000 in payment of rewards if any.