2. Grounds for Suspension and Expulsions
A pupil may not be suspended from school or recommended for expulsion unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to one or more of subdivisions(a) to (r), inclusive:
a) 1) Caused,attempted to cause, or threatened to cause physical injury to another person;or
2) Willfully used force or violence upon the person of another, except in self-defense.
b) Possessed, sold or other wise furnished any firearm, knife, explosive, or other dangerous object, unless, in the case of possession of any object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, any controlled substance listed in Chapter 2 (commencing with § 11053) of Division 10 of the HSC, an alcoholic beverage, or an intoxicant of any kind.
d) Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with § 11053)of Division 10 of the HSC, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
e) Committed or attempted to commit robbery or extortion.
f) Caused or attempted to cause damage to school property or private property.
g) Stolen or attempted to steal school property or private property.
h) Possessed or used tobacco, or any products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco,snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products.
i) Committed an obscene act or engaged in habitual profanity or vulgarity.
j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in § 11014.5 of the HSC.
k) Disrupted school activities or other wise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
l) Knowingly received stolen school property or private property.
m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in § 243.4 of the Penal Code.
o) Harassed, threatened, or intimidated a pupil who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
q) Engaged in, or attempted to engage in, hazing as defined in § 32050.
r) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of § 32261, directed specifically toward a pupil or school personnel.
s) A pupil may not be suspended or expelled for any of the acts enumerated unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:
1) While on school grounds.
2) While going to or coming from school.
3) During the lunch period whether on or off the campus.
4) During, or while going to or coming from, a school-sponsored activity.
t) A pupil who aids or abets, as defined in §31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may suffer suspension, but not expulsion pursuant to the provisions of this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.
v) A superintendent of the school district or principal may use their discretion to provide alternatives to suspension or expulsion, including, but not limited to,counseling and an anger management program for a pupil subject to discipline under this section.
w) It is the intent of the Legislation that alternatives to suspension or expulsion be imposed against any pupil who is truant, tardy or otherwise absent from school activities.
Reasonable effort must be made to notify parents or guardian of pupil in person, by telephone or in writing of the suspension of their pupil from school. When expulsion is being considered, the district is required to request that parents attend the meeting to determine if a suspension should be extended.
Suspensions for an individual student shall not exceed 20 school days in any school year unless for purposes of adjustment, a pupil is enrolled or transferred; in which case the days of suspension shall not exceed 30. Days of suspension that occur while the student is enrolled in another district may count toward the maximum days (30) that a student may be suspended in any one school year.
3. Possession of Drugs / “HUFFING” (the purposeful inhalation of chemical vapors and aerosols to achieve an altered mental or physical state)
a) EC48900 § (c) – Unlawfully possessed, used, sold or otherwise furnished, or been under the influence of, any controlled substance listed in Chapter 2(Commencing with § 11053) of Division 10 of the HSC, an alcoholic beverage, or an intoxicant of any kind, and
On the first occasion of unlawful use, possession, (except possession for sale or as the result of a school-related purchase, furnishing to another person, or offering, arranging,or negotiating to sell any controlled substance, alcoholic beverage or an intoxicant of any kind, and then either selling, delivering, or otherwise furnishing to any person another liquid, substance, or material and representing the liquid, substance, or material or a controlled substance,alcoholic beverage, or intoxicant), or being under the influence of a controlled substance, alcohol, or intoxicant of any kind, the involved student will be suspended and referred to the District Guidance Committee for possible transfer to another school. If at the District Guidance meeting, the student and parent commit to enrolling in a voluntary drug and alcohol education program, the transfer will be suspended and the student will be allowed to remain at the home school. The student and parent must show proof of enrollment within five days of the District Guidance meeting. If the drug and alcohol program is not completed within eight weeks the student will immediately be transferred to the site recommended by the District Guidance Committee.
On the second occasion of unlawful use or possession (except possession for sale or as the result of a school related purchase, furnishing to another person, or offering, arranging, or negotiating to sell any controlled substance, alcoholic beverage, or an intoxicant of any kind, and then either selling, delivering, or otherwise furnishing to any person another substance, or material as a controlled substance, alcoholic beverage, or intoxicant), or being under the influence of a controlled substance, alcohol, or intoxicant of any kind, the involved student will be recommended by the principal to the superintendent for transfer to another school (if a drug and alcohol education class has been attended). If the student has already been transferred to a different school for violation of BP 5495 because of failure to enroll and complete the drug and alcohol program, the student will be recommended for expulsion from the school district.
3) THIRD OR SUBSEQUENT OFFENSE
On the third or subsequent occasion of unlawful use or possession (except possession for sale or as the result of a school related purchase, furnishing to another person, or offering, arranging, or negotiating to sell any controlled substance, alcoholic beverage, or an intoxicant of any kind, and then either selling, delivering, or otherwise furnishing to any person another substance,or material as a controlled substance, alcoholic beverage, or intoxicant), or being under the influence of a controlled substance, alcohol, or intoxicant of any kind, the involved student will be recommended by the principal to the superintendent for expulsion from the school district.
4. Sexual Harassment
(EC 48900.2, 48980(g), 231.5; BP 5510, 1340)
The NLMUSD is committed to maintaining a learning and working environment that is free from sexual harassment. Any student who engages in sexual harassment of anyone in or from the district may be subject to disciplinary action to and including expulsion. Any employee who permits, engages in, or fails to report sexual harassment shall be subject to disciplinary action up to and including dismissal. For a copy of the district’s sexual harassment policy or to report incidences of sexual harassment, please contact the Human Resources Department.
5. VICTIM OF A VIOLENT CRIME
(20 USC 7921a)
A student who becomes a victim of a violent criminal offense while in or on the grounds of a school that the student attends, has the right to transfer to another school within the district. The District has 14 calendar days to offer students the option to transfer. For more information, please contact the Child Welfare and Attendance Office at (562) 868-0431 ext. 2232.
6. APPROPRIATE CLOTHING AND GROOMING
(EC 35183, 35183.5, 5 CCR§ 302; BP 5595)
The Board of Education requires all students attending district school to be suitably groomed and to wear clothing that is neat, clean, safe and appropriate for school activities.Items of dress which are known to support or encourage gang involvement, drug or alcohol use, criminal or immoral behavior, profanity, or which lack modesty are not permitted. If at any time a student’s dress is such that it detracts from or disrupts the educational program he/she may be required to return home to make appropriate changes in dress or grooming. Students and parents are to understand that a school is an educational institution and that proper attire, footwear and grooming are required at all times. Visible tattoos or body graffiti, whether permanent or temporary, are discouraged. Although the school is responsible for enforcing the dress code, it is the parent’s responsibility to make sure that students come to school properly groomed and attired.
2) Immodesty, such as, but not limited to, halter tops, short shorts, see-through blouses and other items.
3) Criminal, immoral, anti-social behavior.
4) Profanity or abusive language.
5) Drug, alcohol, and tobacco use.
6) Lack of safety, such as jewelry, inappropriate footwear or other paraphernalia that could cause injury.
a) It is the responsibility of the school administration to determine the extent to which the dress disrupts the education program as listed in items 1-6.
1) Only school approved hats or visors in school colors will be permitted.
a) No gang related logos will be permitted on hats or visors as per board policy.
b) Hats may only be worn outdoors. The bill of the hat must face forward.
2) P.E. guidelines will allow approved hats, long sleeve shirts, long sweats, or warm up pants while students are outdoors.
3) Sunscreen may be applied and worn outdoors.
(EC 48901, 48900; HSC104420; BP 5490)
The Governing Board of the Norwalk-La Mirada Unified School District recognizes that tobacco use presents serious health risks and desires to provide support and assistance in the prevention and intervention of tobacco use among youth. Students shall not smoke or be in possession of tobacco or use tobacco, or any product containing tobacco or nicotine, while on campus, while attending school-sponsored activities, or while under the supervision and control of district employees.(EC 48901). Students who violate this policy shall be subject to disciplinary procedures which may result in suspension from school. (EC 48900).
The district’s comprehensive prevention/intervention program shall be based on an ongoing assessment of objective data regarding tobacco use in the schools and community and on research identifying strategies that have proven effective in preventing or reducing tobacco use among youth. The program shall be designed to meet a set of measurable goals and objectives and shall be periodically evaluated to assess progress. The district shall provide developmentally appropriate tobacco use prevention instruction for students in grades kindergarten - 12.
The Superintendent or designee also may provide students with counseling and other support services to assist in the prevention or reduction of tobacco use. Because of the additional health risks of tobacco use for prenatal development, the district shall provide outreach, motivational and other support services to prevent or reduce tobacco use among pregnant and parenting minors. Information about smoking cessation programs shall be made available and encouraged for students and staff. (HSC 104420) The Superintendent or designee shall coordinate prevention and cessation efforts with the local health department, or local agencies and community organizations and shall involve students, parents/guardians, families and the community in support of school-based programs.
A teacher may require the parent/guardian of the student suspended by the teacher to attend a portion of a school day in the child’s classroom. The following circumstances pertain:
§ Suspension must be for offenses describe in EC 48900 (i) or (k)
§ Attendance of parent is limited to the class from which the student is suspended
§ Attendance may be required on the day the pupil is scheduled to return to class or within a reasonable period of time thereafter.
9. Electronic Devices
The Legislature finds that the use by any person, including a pupil, of any electronic listening or recording device in any classroom of the elementary and secondary schools without the prior consent of the teacher and the principal of the school given to promote an educational purpose disrupts and impairs the teaching process and discipline in the elementary and secondary schools, and such use is prohibited. Any person, other than a pupil, who willfully violates this section, shall be guilty of a misdemeanor.
Any pupil violating this section shall be subject to appropriate disciplinary action.
This section shall not be construed as affecting the powers, rights, and liabilities arising from the use of electronic listening or recording devices as provided for by any other provision of law.
10. POSSESSION OF CELLULAR PHONES, CELLULAR CAMERA PHONES, OTHER ELECTRONIC SIGNALING DEVICES(BEEPERS)
(EC 48901.5; BP 5412)
Students may possess or use electronic signaling devices, including but not limited to pagers, beepers and cellular/digital telephones, provided that such devices do not disrupt the educational program or school activity. Electronic signaling devices shall be turned off during class time and at any other time directed by a District employee.
1. Cell phones may be used during non-instructional time (before/after school, snack/lunch). However, there maybe times during non-instructional time when students will be instructed not to use cell phones and they must put them away.
2. If a cell phone rings during class time, the cell phone will be confiscated and a parent/guardian must pick up the phone during office hours.
3. Students are responsible for their cell phones when bringing them to school. The District is not responsible and will not investigate lost or stolen cell phones.
4. If a cell phone has been confiscated from a student, the school will take responsibility for the safety of the cell phone.