5144.1 - Suspension and Expulsion/Due Process

To suspend a student, a teacher must follow this procedure:

1. The principal of the school or the principal’s designee (teacher) may suspend a pupil from the school for any reasons enumerated in EC Section 48900 and pursuant to EC 48900.5. In the event that there is no principal at the school site, a certificated person at the school site may be specifically designated by the principal, in writing, as a “principal’s designee,” to assist with disciplinary procedures. The principal may designate only one such person at a time as the principal’s primary designee for the school year. An additional person meeting the requirements of this subdivision may be designated by the principal, in writing, to act for the purposes of this article when both the principal and the principal’s primary designee are absent from the school site. The name of the person, and the names of any person or persons designated as “principal’s designee,” shall be on file in the principal’s office. (Amend. States. 1990, ch.1234) Although the education code allows the principal or the principal’s designee to suspend for up to five consecutive days, Student Services procedure directs the principal’s designee to limit the suspension to the day of the incident and the following day. Longer suspensions can only be implemented with the authorization of the site principal. The principal’s designee must also notify his/her supervisor of a suspension as soon as is practical.
2. Suspension by the principal or the principal’s designee (teacher) shall be preceded by an informal conference conducted by the principal or the principal’s designee (teacher) and the pupil whenever possible, the teacher or supervisor or school employee who referred the pupil. At the conference the pupil shall be informed of the reason for the disciplinary action and the evidence against him or her, and he/she shall be given the opportunity to present his or her version and evidence in his or defense. If the suspension is ordered following an act which occurred in the designee’s classroom, an opportunity shall be provided for the principal to review or meet with the pupil upon request.
3. A principal or the principal’s designee (teacher) may suspend a pupil without affording the pupil an opportunity for a conference only if the principal or the principal’s designee (teacher) determines that an emergency situation exists. “Emergency situation” as used in this article, means a situation determined by the principal or the principal’s designee (teacher) to constitute a clear and present danger to the lives, safety and health of pupils or school personnel. If a pupil is suspended without a conference prior to suspension, both the parent and pupil shall be notified of the pupil’s right to a conference, and the pupil’s right to return to school for the purpose of the conference. The conference shall be held within two school days, unless the pupil waives the right or is physically unable to attend.
4. At the time of suspension, a school employee shall make a reasonable effort to contact the pupil’s parent or guardian in person or by telephone. Whenever a pupil is suspended from school, the parent or guardian shall be notified in writing of the suspension on the approved Suspension Notification Form.
5. A school employee shall report the suspension of the pupil, including the cause thereof to the central office.

Approved May 24, 1994