What are the offenses for which my...
What are the offenses for which my child can face expulsion? A look at some of the situations that can lead to problems:
Question: Can the school suspend or expel my child for bringing a knife to school for a legitimate purpose, such as to use in preparing his lunch while at school?
Answer: Yes. A school may suspend or expel for the possession of any knife at school. (Ed. Code 48900b)
Q: Can the school suspend or expel my child for bringing a knife or cigarettes to school when I (his parent) put the knife or cigarettes in his backpack and forgot to remove them?
A: Yes. However, most school districts have an informal policy allowing students who discover prohibited material in their backpack, pockets, etc., to turn the prohibited material in to their teacher or principal as soon as it is discovered, which may not result in discipline. Contact the principal to discuss whether your school has such a policy. Moreover, an individual school’s discretion is limited in some situations based on state law.
Q: Can my child be suspended or expelled for bringing a 1-inch Swiss Army pocketknife to school?
A: Yes. Education Code 48900b allows the suspension or expulsion of a student for possession of any knife.
Q: Can my child be disciplined for activity during lunch or after school while not on school property?
A: It is possible. For a school to discipline a student, the misconduct must be related to school activity or attendance, which includes but is not limited to misconduct occurring while on school grounds, while going to or coming from school, during the lunch period whether on or off the campus, and during or while going to or coming from a school sponsored activity. (Ed. Code 48900)
Q: Can my child be suspended or expelled for possessing a toy gun on school property?
A: It is possible. As of 1996, a student may be expelled for possessing an imitation firearm. Discipline would depend on the extent to which the toy gun looks like a real gun, “that is, whether the toy or replica is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude the replica is a firearm.” (Ed. Code 48900m)
Q: Can a special education student be disciplined?
A: Yes. Although schools must follow different rules when dealing with the discipline of special education students, it is possible for a school to discipline a special education student in certain situations. (See Ed. Code 48915.5 and 48915.6 for additional details.)
Q: Can the school meet with and question my child about a disciplinable offense without calling me first?
A: Yes. The school’s obligation is to meet with the child and inform the child of the reason for the disciplinary action and the evidence against the student, and the student is then given the opportunity to present his or her version and evidence in his or her defense. (Ed. Code 48911b)
Sources: State of California, Santa Clara County Office of Education
