Sherman garnett

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<ul><li> 1. Discipline/Due Process Presented By:Sherman Garnett Coordinator, Child Welfare &amp; Attendance Past President ACSA Student Services &amp; Special Education Councilsherman_garnett@sbcss.k12.ca.us (909) 386-2903</li></ul><p> 2. School Safety &amp; Discipline IssuesIdentificationPreventionIntervention 3. IDENTIFICATION 4. IDENTIFICATION Education Code 49079Welfare &amp; Institutions Code 827 (5) B-2Education Code 48902Education Code 48900Education Code 48915 5. Required Notification to Teachers Education Code 49079(a) A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section. 6. Required Notification to Teachers Education Code 49079(c) An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a), is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1000), or both. (d) The information provided shall be from the previous three school years. 7. Court NotificationWelfare &amp; Institutions Code 827 (5) B-2Notwithstanding subdivision (a), written notice that a minor enrolled in a public school, kindergarten to grade 12, inclusive, has been found by a court of competent jurisdiction to have committed any felony or any misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying of weapons, a sex offense listed in Section 290 of the Penal Code, assault or battery, larceny, vandalism, or graffiti shall be provided by the court, within seven days, to the superintendent of the school district of attendance. Written notice shall include only the offense found to have been committed by the minor and the disposition of the minors case. This notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. 8. Court NotificationWelfare &amp; Institutions Code 827 (5) B-2(Cont.) The principal shall expeditiously disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the minor. In addition, the principal shall disseminate the information to any teacher or administrator directly supervising or reporting on the behavior or progress of the minor whom the principal believes needs the information to work with the pupil in an appropriate fashion, to avoid being needlessly vulnerable or to protect other persons from needless vulnerability. 9. Court NotificationWelfare &amp; Institutions Code 827 (5) B-2(Cont.) Any information received by a teacher, counselor, or administrator under this subdivision shall be received in confidence for the limited purpose of rehabilitating the minor and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, his or her parents or guardians, law enforcement personnel, and the juveniles probation officer is necessary to effectuate the juveniles rehabilitation or to protect students and staff. 10. Reporting Crime to Law EnforcementEducation Code 48902(a) The principal of a school or the principals designee shall, prior to suspension or expulsion of any pupil, notify the appropriate law enforcement authorities of the county or city in which the school is situated, of any acts of the pupil which may violate Section 245 of the Penal Code. (b) The principal of a school or the principals designee shall, within one school day after suspension or expulsion of any pupil, notify, by telephone or any other appropriate method chosen by the school, the appropriate law enforcement authority of the county or the school district in which the school is situated of any acts of the pupils which may violate subdivision (c) or (d) of Section 48900 of the Ed. Code. 11. Reporting Crime to Law EnforcementEducation Code 48902(c) Notwithstanding subdivision (b), the principal of a school or the principals designee shall notify the appropriate law enforcement authorities of the county or city in which the school is located of any acts of a pupil that may involve the possession or sale of narcotics or of a controlled substance or a violation of Section 626.9 or 626.10 of the Penal Code. (d) A principal, the principals designee, or any other person reporting a known or suspected act described in subdivision (a) or (b) is not civilly or criminally liable as a result of making any report authorized by this article unless it can be proven that a false report was made and that the person knew the report was false or the report was made with reckless disregard for the truth or falsity of the report. 12. Reporting Crime to Law EnforcementEducation Code 48902(e) The willful failure to make any report required by this section is an infraction punishable by a fine to be paid by the principal or the principals designee who is responsible for the failure of not more than five hundred dollars ($500). 13. Grounds for Suspension &amp; ExpulsionEducation Code 48900(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 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 of any kind. 14. Grounds for Suspension &amp; ExpulsionEducation Code 48900(d) Unlawful 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. 15. Reporting Crime to Law EnforcementEducation Code 48915(c-1) Gun (c-2) Knife (c-3) Unlawfully Selling a Controlled Substance (c-4) Sexual Assault (c-5) Possession of An Explosive 16. Reporting Crime to Law EnforcementEducation Code 48915Latest drug trend 17. Reporting Crime to Law EnforcementEducation Code 48915The possession &amp; consumption of synthetic marijuana. 18. Reporting Crime to Law EnforcementEducation Code 48915Common street names for Synthetic Marijuana: SpiceBlack MambaK-2PuffSugar Sticks 19. Reporting Crime to Law EnforcementEducation Code 48915Note: Synthetic marijuana has been designated as a controlled substance by the federal government. 20. PREVENTION 21. PREVENTION Education Code 48901.5 Cyberbaiting Discipline No-Nos Education Code 44807 Education Code 48911 Education Code 48910 Site Administrators Student Suspension Checklist 22. Electronic Signaling DeviceEducation Code 48901.5(a) The governing board of each school district, or its designee, may regulate the possession or use of any electronic signaling device that operates through the transmission or repair of radio waves, including, but not limited to, paging and signaling equipment, by pupils of the school district while the pupils are on campus, while attending school sponsored activities, or while under the supervision and control of school district employees. 23. Electronic Signaling DeviceEducation Code 48901.5Educational Code 51512: 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. 24. Cyberbaiting A phenomenon where students taunt their teachers to the point of outburst, then capture the teachers reaction via cell phone videos and post those videos online for all to see. This activity is a violation of California Ed. Code 51512 and Ed. Code 48900 (a-1) (k) (r). 25. Discipline No-Nos Time out PeriodsForced ApologiesSarcasmImposing TasksCorporal Punishment 26. Duty Concerning Conduct of Pupils Education Code 44807Every teacher in the public school shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. The provision of this section are in addition to and do not supersede the provision of section 49000. 27. Emergency SuspensionEducation Code 48911(c) A principal, the principals designee, or the superintendent of schools may suspend a pupil without affording the pupil an opportunity for a conference only if the principal, the principals designee, or the superintendent of schools determines that an emergency situation exists. Emergency situation, as used in this article, means a situation determined by the principal, the principals designee, or the superintendent of schools to constitute a clear and present danger to the life, safety, or health of pupils or school personnel. If a pupil is suspended without a conference prior to suspension, both the parent and the 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 a conference. The conference shall be held within two schooldays, unless the pupil waives this right or is physically unable to attend for any reason, including, but not limited to, incarceration or hospitalization. The conference shall then be held as soon as the pupil is physically able to return to school for the conference. 28. Quick Reference: Teachers SuspensionEducation Code 48910A.Pupil commits act(s) enumerated in Ed. Code 48900.B.Teacher may suspend for day of suspension and day following from only that teachers class room, after exhausting all correctable remedies.C.Teacher immediately reports to and sends pupil to principal or Designee.D.Teacher asks parent to attend parent-teacher conference, which may, whenever feasible, also be attended by a school counselor, psychologist, or administrator per request. 29. Quick Reference: Teachers SuspensionEducation Code 48910E.Teacher and principal MUST concur in any decision to return the pupil to the class from which suspended during the period of suspension.F.Teacher MAY require the pupils parent or guardian to attend the pupils class. 30. Site Administrator Student Suspension Checklist Ed. Code 48900 series violation ____________________ (Write in actual Ed. Code of 48900)Special Ed.? Behavioral plan in place (10-day rule)504? Behavioral plan in place (10-day rule)Other means of correction attempted? (Necessary for all 48900 (k) violations)Is the student a continuing danger? (Necessary for all 48900 (k) violations)Police contacted? Why? _____________________ Report # ____________ 31. Site Administrator Student Suspension Checklist Is the violence a first offense?Physical evidence collected? If so, where is the evidence being stored?Previous Parent contracts? If so, when? _____________Student given an opportunity to explain orally or in writing?Informed student of reason and provided evidence?Community Service offered? If so, specify what type of community service: ____________________________Supporting witness statement available? 32. Site Administrator Student Suspension Checklist Can the offense be considered a 48915 violation? If so, which section of 48915? __________________________Parent contacted regarding this violation? When? ______________________________Date and time of follow up suspension meeting with parent or guardian? Date___________ Time _______Is the student a foster child, group home student or a ward of the court? (probation) If so, specify the appropriate agency: ____________________________Principals designee who suspended the student is identified in writing on file in the principals office. 33. INTERVENTION 34. INTERVENTION Chaptered 2011 Legislation Related to Bullying &amp; School Safety Effective in 2012 AB 746 (Campos)AB 1156 (Eng)AB 9 (Ammiano)AB 123 (Mendoza) 35. AB 746 (Campos) Defines bullying as one or more acts of sexual harassment, hate violence or intentional harassment, threats or intimidation, directed against school district personnel or pupils committed by a pupil or group of pupils including an electronic act.An electronic act is defined as transmission of a communication , including, but not necessarily limited to, a message, text, sound, or image, or a post on a social network Internet Web site, by means of an electronic device. (Ed. Code 32261) 36. AB 1156 (Eng) Requires that the Department of Justice and the State Department of Education contract to provide training in the prevention of bullyinga student who has requested an interdistrict transfer due to an act of bullying as defined by the current school district of attendance or the proposed school district of attendance be given priority for attendance in the new school district 37. AB 1156 (Eng) Amends the definition of bullying to the following relative to suspension from school: 48900 (r) Engaged in an act of bullying 1. severe or pervasive physical or verbal act or conduct including communications made in writing or via an electronic act A. placing a reasonable pupil or pupils in fear or harm to that pupils person or property B. causing a reasonable pupil to experience substantial interference with his or her a...</p>