DETENTION, SUSPENSION AND EXPULSION

  • Teacher Suspensions and Detentions

    Ed. Code 48910

    For disciplinary reasons, a teacher may:

    • Suspend a student from his/her class for the day of the offense and the next day. Teachers are required to schedule parent conferences if they take this action.
    • Detain a student in school for disciplinary or other reasons for one hour after the close of the maximum school day.
    • Section 307: A pupil for whom the district provides transportation to school may be required to remain at school to participate in approved activities until the departure of the pupil in the vehicle to which he/she has been assigned.
    • Refer the student to the school counselor or appropriate administrator.


    School Suspensions

    Ed. Code 48925

    Suspension is the temporary removal from ongoing instruction of a student from regular classroom activities or from school. Suspensions are not to extend beyond five (5) consecutive school days. Suspension for students considered for expulsion may be extended beyond five (5) consecutive school days by the Superintendent or his/her Designee, after inviting the parents to participate in a meeting regarding the extension of the expulsion. Education Code 48911.


    Expulsion

    A student may be expelled from school only by action of the Board of Education. When expulsion is recommended, an Administrative Hearing Panel is convened to review the case and determine if there are sufficient grounds for expulsion. The student and his/her parents are notified of their rights, which include their right to appear before the Administrative Panel and present evidence and witnesses on the student’s behalf, the right to confront witnesses against the student and the right to be represented by counsel (parent’s choice). The Administrative Hearing Panel’s findings and recommendations are submitted to the Board of Education through the superintendent.

    The Pittsburg Unified School District Board of Education takes very seriously its charge to provide safe and peaceful school learning environments. To that end, the Board takes a zero-tolerance position with students whose behavior may disrupt a school.

    Please be aware of the following violations, for which students shall be expelled from the district:

    • Students who possess, sell or furnish a real gun at school shall be expelled.
    • Students who participate in unlawful selling of a controlled substance (drugs) at school shall be expelled.
    • Students who brandish a knife at another person shall be expelled.
    • Students who commit or attempt to commit sexual assault, or commit sexual battery.
    • Students who are in possession of an explosive


    Students who commit the following violations shall be recommended for expulsion from the district:

    • Students who cause serious physical injury to another;
    • Students who possess any knife, explosive or other dangerous objects;
    • Students who possess drugs;
    • Students who commit robbery or extortion;
    • Students who commit assault or battery upon a school employee


    Definition of Terms

    Knife - Under Ed Code 48915(a) (expulsion) a knife is defined as:

        Any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing
        A knife with a blade longer than 3.5"
        Locking-blade knife
        A razor with an unguarded blade.

    Ed Code 48900(suspension) doesn’t define "knife." Penal Code 626.10 specifies a 2 1/2" blade as a knife. However, many districts have "Zero Tolerance" policies that make possession of any knife an expellable offense.

    Firearm - Under Ed Code 48900 (suspension) a firearm includes an "imitation firearm," i.e. a facsimile that is substantially similar to an existing firearm.

    Under Ed Code 48915(c)(mandatory expulsion) the Ed Code doesn’t provide a definition. However, Penal Code, Section 12001(b) defines a firearm as any device designed to be used as a weapon from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.

    Controlled Substance - As listed in Chapter 2, Division 10 of the Health & Safety Code, Section 11056 et seq: the exhaustive list includes; stimulants, depressants, barbiturates, narcotics and anabolic steroids.

    Serious Physical Injury - Serious physical injury under Penal Code 243 means a serious impairment of physical condition including, but not limited to the following: loss of consciousness, concussion, bone fracture, wound requiring extensive suturing or serious disfigurement.

    Robbery - Robbery (Penal Code 211) is the taking of personal property of another from his person or immediate presence, and against his will accomplished by means of force or fear.

    Extortion - Extortion under Penal Code 518 is defined as: obtaining property from another, with consent, that is induced by a wrongful use of force or fear.

    Sexual Harassment - Unwelcome sexual advances or other conduct of a sexual nature where the conduct has a negative impact on the individual’s work or academic performance, or creates a hostile or offensive work or educational environment. Additional information about the district's sexual harassment policy and procedures is available in the PUSD Student Handbook.