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District Student Behavior and Outcomes

SMUHSD Suspension and Alternatives to Suspension for Ed. Code Violations

Suspension from school means removal of a student from ongoing instruction for adjustment purpose. A principal or the principal’s designee may suspend a pupil from the school (not more than five consecutive school days) for any of the reasons in the Educational Code, Section 48900, upon a first offense if the principal or designee determines that the pupil violated Educational Code 48900, or that pupil’s presence causes a danger to persons or property, or threatens to disrupt the educational process. A student may be suspended or expelled for any of the acts listed below if the act is related to a school activity or occurs during school attendance occurring at any District school under the jurisdiction of the Superintendent or principal or within any other school District, including but not limited to the following circumstances:

  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; 
  4. During, going to, or coming from a school-sponsored activity; and/or
  5. With a nexis or connection to the campus with impact on the school campus.

SMUHSD Incident Statement Form: Students and staff may use this form to make statements for site admin and district admin access.

Offense Ed. Code

Ed. Code

Possible Consequences

Caused, attempted to cause, or threatened to cause

physical injury to another person.

48900(a)(1) 
  • Alternative To Suspension Class
  • Uniform Complaint Procedure Form - Victim
  • Mediation
  • No Contact Contract
  • No Contact Order
  • Restorative Meeting
  • Ripple Effects Social Emotional Learning - Specific to Behavior Interventions
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation possible
  • Admin transfer recommendation possible

Willfully used force or violence upon the person of another, except in self-defense. 

48900(a)(2) 
  • Title IX investigation
  • Alternative To Suspension Class
  • Mediation
  • No Contact Order
  • Restorative Meeting
  • Suspension up to 5 days
  • Expulsion recommendation possible, Note: mandatory if serious injuries took place
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract
  • Possible Threat Assessment Level I

Possessed, sold, or furnished a firearm, knife, explosive, or other dangerous object.

48900(b)

  
  • Restorative Meeting  
  • Restorative Practices
  • Alternative To Suspension Class
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension for up to 5 days
  • Referral for expulsion, depending on type of weapon - see Admin Handbook for description of weapons

Unlawfully possessed, used, sold or otherwise furnished, or been under the influence of a controlled substance. 

48900(c) 

  
  • Substance Use Program (SUP) in lieu of suspension - first offense
  • Vaping Awareness Prevention Education (VAPE)
  • Brief Intervention (BI) Counseling 
  • Restorative Meeting  
  • Referral to outside counseling as needed including PD diversion programs
  • Referral to law enforcement authorities 
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Suspension for up to 5 days 
  • Expulsion recommendation Possible - sales, multiple incidents of possession, or hard core drugs
  • Admin transfer recommendation possible

Unlawfully offered, arranged, or negotiated to sell a controlled substance, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. 

48900(d) 

  
  • Substance Use Program (SUP) in lieu of suspension - first offense 
  • Vaping Awareness Prevention Education (VAPE)
  • Brief Intervention (BI) Counseling 
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to outside counseling as needed including PD diversion programs
  • Referral to law enforcement authorities 
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Suspension for up to 5 days 
  • Expulsion recommendation Possible - sales, multiple incidents of possession, or hard core drugs

Committed or attempted to commit robbery or extortion. 

48900(e)

  
  • Restorative Meeting  
  • Uniform Complaint Procedure Form Victim
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Admin transfer recommendation possible
  • Expulsion recommendation Possible
  • Alternative To Suspension Class
  • Mediation
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Suspension up to 5 days

Caused or attempted to cause damage to school property or private property. 

48900(f) 

  
  • Restorative Meeting  
  • Alternative To Suspension Class
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Uniform Complaint Procedure Form Victim
  • Mediation
  • Referral to law enforcement authorities 
  • Restitution 
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Suspension up to 5 days
  • Admin transfer recommendation possible
  • Expulsion recommendation Possible

Stole or attempted to steal school property or private property. 

48900(g)

  
  • Restorative Meeting  
  • Alternative To Suspension Class
  • Uniform Complaint Procedure Form Victim
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Mediation
  • Referral to law enforcement authorities 
  • Restitution 
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Admin transfer recommendation possible
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Possessed or used tobacco or products containing tobacco or nicotine. 

48900(h)

  
  • Vaping Awareness Prevention Education (VAPE)
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Brief Intervention (BI) Counseling
  • Suspension for up to 1 day 
  • If more appropriate, Substance Use Program (SUP) in lieu of suspension - first offense
  • Citation

Committed an obscene act or engaged in habitual profanity or vulgarity. 

48900(i)

  
  • Title IX investigation
  • Alternative To Suspension Class
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Mediation
  • No Contact Contract
  • Restorative Meeting  
  • Suspension up to 5 days
  • Admin transfer recommendation possible
  • Possible Formal Reprimand Contract

Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia. 

48900(j) 

  
  • Substance Use Program (SUP) in lieu of suspension - first offense
  • Vaping Awareness Prevention Education (VAPE)
  • Brief Intervention (BI) 
  • Restorative Meeting 
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Admin transfer recommendation possible
  • Referral to outside counseling as needed including PD diversion programs
  • Referral to law enforcement authorities 
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Suspension for up to 5 days 
  • Expulsion recommendation Possible - sales, multiple incidents of possession, or hard core drugs

Disrupted school activities or otherwise willfully defied the valid authority of school personnel. 

48900(k)

  
  • Alternative To Suspension Class
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Mediation
  • No Contact Contract or Order
  • Restorative Meeting  
  • Admin transfer recommendation possible
Knowingly received stolen school property or private property.

48900(l)

  
  • Restorative Meeting  
  • Uniform Complaint Procedure Form Victim
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Admin transfer recommendation possible
  • Alternative To Suspension Class
  • Mediation
  • Referral to law enforcement authorities 
  • Restitution 
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Suspension up to 5 days

Possessed an imitation firearm. 

48900(m)

  
  • Restorative Meeting  
  • Restorative Practices
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Alternative To Suspension- depending on weapon type
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension for up to 5 days
  • Referral for expulsion, depending on type of weapon - see Admin Handbook for description of weapons

Committed or attempted to commit a sexual assault. 

48900(n) 

  
  • Title IX investigation (Possible)
  • Uniform Complaint Procedure Form Victim
  • Alternative To Suspension Class on Healthy Relationships
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • No Contact Order
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities- Required
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Harassed, threatened, or intimidated a pupil who is a complaining witness in a school disciplinary proceeding.

48900(o)

  
  • Title IX investigation (Possible)
  • Uniform Complaint Procedure Form Victim
  • Alternative To Suspension Class on Bullying and Multimedia
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Mediation
  • No Contact Order
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. 

48900(p)

  
  • Substance Use Program (SUP) in lieu of suspension - first offense
  • Vaping Awareness Prevention Education (VAPE) Sessions
  • Brief Intervention (BI) Counseling
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to outside counseling as needed including PD diversion programs
  • Referral to law enforcement authorities 
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Suspension for up to 5 days 
  • Expulsion recommendation Possible - sales, multiple incidents of possession, or hard core drugs

Engaged in or attempted to engage in hazing. 

48900(q)

  
  • Alternative To Suspension Class on Bullying and Multimedia
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Mediation
  • No Contact Order
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Engaged in an act of bullying, including bullying committed by means of an electronic act, directed specifically toward a student or school personnel. 

48900(r)

Must include

48900.2, 48900.3, & 48900.4

  
  • Alternative To Suspension Class on Bullying and Multimedia or Dehumanizing Language instruction 
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Mediation
  • No Contact Order
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Aided or abetted the infliction of physical injury to another person.

48900(s)

  
  • Alternative To Suspension 
  • Uniform Complaint Procedure Form Victim
  • Mediation
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • No Contact Order
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Committed sexual harassment 

48900.2

  
  • Title IX investigation (Possible)
  • Uniform Complaint Procedure Form Victim
  • Cyber-bullying and Media Awareness Classes
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Alternative To Suspension 
  • Training & Education related to sexual harassment  
  • Mediation
  • No Contact Order or Contract
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Caused, attempted to cause, threatened to cause or participated in an act of hate violence. 

48900.3

  
  • Title IX investigation (Possible)
  • Uniform Complaint Procedure Form Victim
  • Cyber-bullying and Media Awareness,   or Dehumanizing Language instruction classes
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Alternative To Suspension 
  • Mediation
  • No Contact Order or Contract
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Intentionally engaged in harassment, threats, or intimidation 

48900.4

  
  • Title IX investigation (Possible)
  • Uniform Complaint Procedure Form Victim
  • Cyber-bullying, Media Awareness Classes, or  Dehumanizing Language instruction classes
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Alternative To Suspension Class
  • Mediation
  • No Contact Contract
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation Possible

Making terroristic threats

48900.7
  • Uniform Complaint Procedure Form Victim
  • Alternative To Suspension Class on Bullying and Multimedia
  • Determine if 48900.5 other means of correction fail to bring about proper conduct
  • Mediation
  • No Contact Contract
  • Restorative Meeting  
  • Admin transfer recommendation possible
  • Referral to law enforcement authorities
  • Possible Incident Review Conference (IRC)
  • Possible Formal Reprimand Contract 
  • Possible Threat Assessment Level I
  • Suspension up to 5 days
  • Expulsion recommendation possible

Alternatives to Suspension and Education Code Related

48900.5

(a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the other means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons.

(b) Other means of correction include, but are not limited to, the following:

  1. A conference between school personnel, the pupil’s parent or guardian, and the pupil.
     
  2. Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
     
  3. Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and his or her parents.
     
  4. Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)).
     
  5. Enrollment in a program for teaching prosocial behavior or anger management.
     
  6. Participation in a restorative justice program.
     
  7. A positive behavior support approach with tiered interventions that occur during the school day on campus.
     
  8. After-school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups.
     
  9. Any of the alternatives described in Section 48900.6.
   
48900.6
As part of or instead of disciplinary action prescribed by this article, the principal of a school, the principal’s designee, the superintendent of schools, or the governing board may require a pupil to perform community service on school grounds or, with written permission of the parent or guardian of the pupil, off school grounds, during the pupil’s nonschool hours. For the purposes of this section, “community service” may include, but is not limited to, work performed in the community or on school grounds in the areas of outdoor beautification, community or campus betterment, and teacher, peer, or youth assistance programs. This section does not apply if a pupil has been suspended, pending expulsion, pursuant to Section 48915. However, this section applies if the recommended expulsion is not implemented or is, itself, suspended by stipulation or other administrative action.
   

 

Expulsions

Must recommend expulsion (Mandatory)
Expulsion Codes - EC 48915(c)
  1. Firearm

a. Possessing firearm when a district employee verified firearm possession and when a student did not have prior written permission from a certificated employee which is concurred with by the principal or designee.

b. Selling or otherwise furnishing a firearm.

2. Brandishing a knife at another person.

3. Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053 et. seq.

4. Committing or attempting to commit a sexual assault as defined in subdivision (n) of EC 48900 or committing sexual battery as defined in subdivision (n) of 48900

5. Possession of an explosive.

 

Shall Recommend Expulsion Unless Particular Circumstances Render Inappropriate

Act must be committed at school or school activity.

EC Section 48915 (a) states that an administrator shall recommend expulsion for the following violations [except for subsections (c) and (e)] unless the administrator finds that expulsion is inappropriate due to a particular circumstance.

1. Causing serious physical injury to another person, except in self-defense. EC Section 48915 (a)(1)
 
 

Act must be committed at school or school activity.

2. Possession of any knife, explosive, or other dangerous object of no reasonable use to the pupil. EC Section 48915 (a)(2)
 
 

Act must be committed at school or school activity.

3. Possession and/or use of any substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for possession of not more than one avoirdupois ounce of marijuana other than concentrated cannabis.
 
 

Act must be committed at school or school activity.

4. Robbery or extortion. EC Section 48915 (a)(4).

 
 

Act must be committed at school or school activity.

5. Assault or battery, or threat of, on a school employee.

 

Descriptions and Possible Consequences - Alternatives to Suspension and Education Code related

48900.5

a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the other means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons.

(b) Other means of correction include, but are not limited to, the following:

(1) A conference between school personnel, the pupil’s parent or guardian, and the pupil.

(2) Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.

(3) Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and his or her parents.

(4) Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)).

(5) Enrollment in a program for teaching prosocial behavior or anger management.

(6) Participation in a restorative justice program.

(7) A positive behavior support approach with tiered interventions that occur during the school day on campus.

(8) After-school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups.

(9) Any of the alternatives described in Section 48900.6.

  
48900.6
As part of or instead of disciplinary action prescribed by this article, the principal of a school, the principal’s designee, the superintendent of schools, or the governing board may require a pupil to perform community service on school grounds or, with written permission of the parent or guardian of the pupil, off school grounds, during the pupil’s nonschool hours. For the purposes of this section, “community service” may include, but is not limited to, work performed in the community or on school grounds in the areas of outdoor beautification, community or campus betterment, and teacher, peer, or youth assistance programs. This section does not apply if a pupil has been suspended, pending expulsion, pursuant to Section 48915. However, this section applies if the recommended expulsion is not implemented or is, itself, suspended by stipulation or other administrative action.