Presentation to the Board of EducationMarch 7, 2012

Expulsion Presentation

Due Process is a course of formal proceedings carried out on a regular basis.

It is a set of standards that we hold students accountable to when we consider suspension and/or expulsion.

Ed. Code 48915 speaks to these standards: Other means of correction are not feasible or have

failed to bring about proper behavior. Due to the nature of the act or violation, the

presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

When a Teacher suspends a pupil from the classroom, the Teacher must be held accountable to these standards.

When an Administrator suspends a pupil from school, the Administrator must be held accountable to these standards.

When a Principal recommends a pupil for expulsion, the Principal must be held accountable to these standards.

When the Superintendent or Designee reviews a pupil’ssuspension with recommendation for expulsion, the Superintendent or Designee must be held accountable to these standards.

When an Administrative Hearing Panel hears a recommendation for a pupil’s expulsion, the Administrative Hearing Panel must be held accountable to these standards.

When a Governing Board considers a pupil’s recommendation for expulsion, the Governing Board must be held accountable to these standards.

ADMINISTRATOR RECOMMENDATION FOR EXPULSIONMUST RECOMMEND

EXPULSION (Mandatory

Recommendation)

SHALL RECOMMEND UNLESS PARTICULAR CIRCUMSTANCES RENDER

INAPPROPRIATE(Quasi-Mandatory Recommendation)

MAY RECOMMEND EXPULSION(Discretionary Recommendation)

Education Code 48915 (c1-c5)Act must committed at school or at a school activity off school grounds. c1 Possessing, furnishing, or selling a firearm. c2 Brandishing a knife* at another person. c3 Unlawfully selling a controlled substance listed in Health and Safety Code Sections 11053 et. Seq. c4 Sexual assault (including an attempt) or battery (as defined in subdivision (n) of Section 48900). c5 Possession of an Explosive** *As used in this section, “knife” means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 3 ½ inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade. **As used in this section the term “explosive” means “destructive device” as described in Section 921 of Title 18 of the United States Code. School Police must be contacted. 

Education Code 48915 (a1-a5)Act must be committed at school or at a school activity off school grounds. a1 Causing serious physical injury to another person, except in self-defense. a2 Possession of any knife* or other dangerous object of no reasonable use to the pupil. a3 Unlawful possession of any controlled substance listed in Health and Safety Code Section 11053 et seq. except for the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. a4 Robbery or extortion. a5 Assault or battery as defined in Sections 240 and 242 of the Penal Code, upon any school employee. Recommendation for expulsion shall be based on one or both of the following: 1. Other means of correction are not feasible or have repeatedly failed to bring about proper conduct; or  2. Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

Education Code 48900 (a-t)Act must be related to school activities or attendance, which includes but is not limited to acts committed while at school, while going to or coming from school, during activities whether on or off campus, or while going to and from a school activity. a Physical Injury

1. Caused, threatened or attempted

2. Willful force or violenceb Dangerous objectsc Alcohol or other drugs – under the influenced Sale of look-alike substance represented to be alcohol or other drugse Robbery/extortionf Damage to propertyg Thefth TobaccoI Obscenity/profanity/vulgarityj Drug paraphernaliak Disruption/defiancel Receipt of stolen propertym Imitation firearm possessionn Sexual assault or batteryo Harassment, threatening pupil witnessesp Selling the prescription drug Somaq Engaged or attempted to engage in hazingr Engaged in act of bullyingt Aiding and abetting 48900.2 Sexual harassment (grades 4-12 only)48900.3 Hate violence (grades 4-12 only)48900.4 Harassment, threats and intimidation (grades 4-12 only)48900.7 Terroristic threats Recommendation for expulsion shall be based on one or both of the following:1. Other means of correction are not feasible or have repeatedly failed to bring about proper conduct; or2. Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

Expulsion Data 2011-12 as of

2/22/12

2010-11

2009-10

Total Expulsions (Full, Suspended, Revoked) 36 52 135

Total Full Expulsions 23 22 51

Placed at Community Day School 23 14 25

Placed at Fontana Alternative Learning Center n/a 8 26

Total Suspended Expulsions 13 28 72

Placed at Another School Site 11 26 48

Placed at Alternative to Expulsion Program (ATE) 2 2 10

Remained at Recommending Site 0 0 14

Total Revocations of Suspended Expulsions 2 2 12

Total Intervention Meetings and Placed at ATE 2 3 8

Stopped Expulsion Process 44 78 93

Cancelled by School Site 12 30 45

Stopped at Pre-X 32 48 48

Returned to Recommending School Site 14 18 25

Transferred to Another School Site 18 30 23

Re-Recommended for Expulsion 1 4 6

Administration Hearing Panel (AHP) Decision Not to Expel 5 11 7

Returned to Recommending School Site 0 1 5

Transferred to Another School Site 5 10 2

• Due Process was not met.• School Administrator’s decision to

provide alternative interventions at the school site.

• Intervention meeting held at the district level in lieu of expulsion which is agreed upon by site Administrator.

• Request for Special Education testing to take place.

• Inconsistencies and errors within the IEP/BSP.

• Other means of correction are feasible and are put into place.

• Student is found not to be a continuous danger to self or others. No past pattern of behavior was observed.