California Education Code 48900.5 – (a) Suspension, including supervised suspension as described in …
(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 49069.7. 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:
Terms Used In California Education Code 48900.5
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Pupil: includes a pupil's parent or guardian or legal counsel. See California Education Code 48925
- Schoolday: means a day upon which the schools of the district are in session or weekdays during the summer recess. See California Education Code 48925
- Suspension: means removal of a pupil from ongoing instruction for adjustment purposes. See California Education Code 48925
(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 the pupil’s 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. § 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 schoolday 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.
(c) For a pupil who has been suspended, or for whom other means of correction have been implemented pursuant to subdivision (b), for an incident of racist bullying, harassment, or intimidation, local educational agencies are encouraged to have both the victim and perpetrator engage in a restorative justice practice that is found to suit the needs of both the victim and the perpetrator. Local educational agencies are encouraged to regularly check on the victim of racist bullying, harassment, or intimidation to ensure that the victim is not in danger of suffering from long-lasting mental health issues. Local educational agencies are encouraged to require perpetrators to engage in culturally sensitive programs that promote racial justice and equity and combat racism and ignorance.
(Amended by Stats. 2023, Ch. 22, Sec. 1. (AB 1165) Effective January 1, 2024.)