Estrellita High School students have excellent citizenship, however, all students need to know that in accordance with California state law, a student who has committed any of the following actions may be suspended and/or expelled from school (Education Code 48900).

(a) 1. Caused, attempted to cause, or threatened to cause physical injury to another person. 2. Willfully used force or violence upon the person of another, except in self-defense.

(b) Possessed, sold, or otherwise 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 Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or intoxicant of any kind.

(d) Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, 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 tobacco products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.

(i) Committed an obscene act or engaged in habitual profanity or vulgarity.

(j) Had unlawful possession of, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.

(k) Disrupted school activities or otherwise 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 Section 243.4 of the Penal Code.

(o) 1. 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.  2. A pupil may be suspended from school or recommended for expulsion if the superintendent or other principal of the school in which the student is enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5.

3. A pupil in any grades 4 - 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in, an act of hate violence as defined in subdivision (e) of Section 33032.5.

 

1. No pupil shall 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 or principal or occurring within any other school district. A pupil may be suspended or expelled for acts which are enumerated in this section and related to school activity or attendance which occur at any time, including but not limited to, any of the following and related to school activity or attendance which occur at any time, including but not limited to, any of the following:

(a) While on school grounds.

(b) While going to or coming from school.

(c) During the lunch period, whether on or off the campus.

(d) During, or while going to or coming from, a school-sponsored activity.

2. Students accumulating 20 days of in-school and/or home suspension are subject to involuntary transfer to an alternative program.

3. Disciplinary action will be taken if a student's behavior is disruptive to the instructional process or causes a danger to persons or property even though the offense is not defined in this Conduct Code.

4. Students and parents have a right to appeal disciplinary action taken against a student. A meeting must be requested with the principal or designee prior to any further appeal (E.C. 48914).

It is the intent of the Legislature that alternatives to suspensions or expulsion be imposed against any pupil who is truant, tardy, or otherwise absent from school activities. (Amend. Stats. 1989, Ch. 1306)

CAUSES FOR MANDATORY RECOMMENDATION FOR EXPULSION (E.C. 48915)

1. TO CAUSE SERIOUS PHYSICAL INJURY to another person, except in self-defense (E.C. 48915 and 48900, subsection a).

Note: Serious physical injury means a serious impairment of physical condition including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of the function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (P.C. 243).

2. TO POSSESS, SELL OR OTHERWISE FURNISH ANY FIREARM, KNIFE EXPLOSIVE, OR OTHER DANGEROUS OBJECT unless in the case of possession of any such object, the pupil had obtained written permission to possess the item from a certificated school employee, which is approved by the principal or principal's designee (E.C. 48915 and 48900, sub-section b).

3. TO POSSESS, FURNISH OR SELL ANY CONTROLLED SUBSTANCE as defined in Section 11053 of the Health and Safety Code, alcoholic beverage, or intoxicant of any kind (E.C. 48900, sub-section c and 48915, sub-section a-3).

4. TO OFFER, ARRANGE, OR NEGOTIATE TO SELL ANY CONTROLLED SUBSTANCE as defined in Section 11053 of the Health and Safety Code, alcoholic beverage, or intoxicant of any kind (E.C. 48900, sub-section c, and 48915, sub-section a-3).

5. TO COMMIT OR ATTEMPT TO COMMIT ROBBERY OR EXTORTION (E.C. 48915 and 48900, sub-section e)

6. TO THREATEN, ATTACK, OR COMMIT ASSAULT OR BATTERY ON SCHOOL PERSONNEL OR ANY ADULT VOLUNTEER PERFORMING DUTIES OF SCHOOL STAFF (Penal Code Sec. 240, 242; E.C. 48900, sub-section a; E.C. 44014).

Note: A student on expulsion or suspended expulsion will not be allowed to participate in extra-curricular/co-curricular activities, which will include, but not be limited to, field trips athletic events, drama events, proms, student government, and band events.

Note: If the principal deems expulsion inappropriate, he/she must report in writing to the superintendent who will advise the governing board that expulsion is inappropriate due to the nature of the particular circumstances which shall be indicated in the report of the incident (E. C. 48915).

 

CAUSES FOR HOME SUSPENSION OR OTHER ALTERNATIVE CONSEQUENCES

1. When "suspension" is indicated on the following pages, the site administrators will determine whether the consequences should include, but not be limited to, home suspension, in-school suspension, detention, campus beautification, Saturday school or conflict management.

2. A student may be suspended on the first offense if it is determined that the pupil's presence causes a danger to persons or property or threatens to disrupt the instructional process (E.C. 48900.5).

HOME SUSPENSION:

1. A student is expected to be under the supervision of a parent during school hours when serving suspension days at home (7:00 a.m. to 4:30 p.m.). A student shall not appear on or about any school in the District during the period of suspension, (except in the case of in-school suspensions) unless coming to the office on official business with the parent/guardian and by prior arrangement with a school administrator.

2. A student is not to attend or participate in any school-sponsored event on or off the school campus during a suspension. This is extended to include weekend and holiday activities, and would include, but not be limited to, field trips, athletic events, drama events, proms, dances, and band events.

3. Violation of suspension rules may result in a minimum consequence of a warning and a maximum consequence of a referral to the appropriate law enforcement agency, which may result in an arrest.

4. The responsibility of obtaining and doing classwork lies with the student.

 

SUPERINTENDENT'S SUSPENSION:

Note: A Superintendent's suspension is an extended suspension of a pupil who has been recommended for expulsion. The suspension lasts until the Board of Education rules on the expulsion.

1. The student is expected to be under the supervision of a parent during school hours when serving a superintendent’s suspension (7:00 am to 4:30 pm). Students shall not appear on or about any school in the District during the period of suspension, unless

coming to the office on official business with the parent/guardian and by prior arrangement with a school administrator.

2. The student is not to attend or participate in any school-sponsored event on or off the school campus during the extended suspension.

3. Violation of suspension rules may result in a minimum sequence of a warning and a maximum consequence of a referral to the

4. The appropriate law enforcement agency, which may result in an arrest.