Presentation to the Board of Education March 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 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’s suspension 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 EXPULSION MUST RECOMMEND EXPULSION (Mandatory Recommendation) SHALL RECOMMEND UNLESS PARTICULAR CIRCUMSTANCES RENDER INAPPROPRIATE (Quasi-Mandatory Recommendation) MAY RECOMMEND EXPULSION (Discretionary Recommendation) Education Code (c1-c5) Act must committed at school or at a school activity off school grounds. c1Possessing, furnishing, or selling a firearm. c2Brandishing a knife* at another person. c3Unlawfully selling a controlled substance listed in Health and Safety Code Sections et. Seq. c4Sexual assault (including an attempt) or battery (as defined in subdivision (n) of Section 48900). c5Possession 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 (a1-a5) Act must be committed at school or at a school activity off school grounds. a1Causing serious physical injury to another person, except in self-defense. a2Possession of any knife* or other dangerous object of no reasonable use to the pupil. a3Unlawful possession of any controlled substance listed in Health and Safety Code Section et seq. except for the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. a4Robbery or extortion. a5Assault 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 (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. aPhysical Injury 1.Caused, threatened or attempted 2.Willful force or violence bDangerous objects cAlcohol or other drugs – under the influence dSale of look-alike substance represented to be alcohol or other drugs eRobbery/extortion fDamage to property gTheft hTobacco IObscenity/profanity/vulgarity jDrug paraphernalia kDisruption/defiance lReceipt of stolen property mImitation firearm possession nSexual assault or battery oHarassment, threatening pupil witnesses pSelling the prescription drug Soma qEngaged or attempted to engage in hazing rEngaged in act of bullying tAiding and abetting Sexual harassment (grades 4-12 only) Hate violence (grades 4-12 only) Harassment, threats and intimidation (grades 4-12 only) 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; 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.

Expulsion Data as of 2/22/ Total Expulsions (Full, Suspended, Revoked) Total Full Expulsions Placed at Community Day School Placed at Fontana Alternative Learning Centern/a826 Total Suspended Expulsions Placed at Another School Site Placed at Alternative to Expulsion Program (ATE)2210 Remained at Recommending Site0014 Total Revocations of Suspended Expulsions2212 Total Intervention Meetings and Placed at ATE238 Stopped Expulsion Process Cancelled by School Site Stopped at Pre-X3248 Returned to Recommending School Site Transferred to Another School Site Re-Recommended for Expulsion146 Administration Hearing Panel (AHP) Decision Not to Expel5117 Returned to Recommending School Site015 Transferred to Another School Site5102

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.