New Laws on Student Discipline - January 1, 2013
The following is a list of new laws that have been enacted as of January 1, 2013 covering primarily issues in student discipline. If you have any questions concerning these new or changed laws, please contact the Student Services (209) 667-0867, Gil Ogden, Director for more information.
New Laws Affecting Students
Effective January 1, 2013
- Administrator has discretion to provide alternatives to suspension and expulsion that are age appropriate and aimed at addressing and correcting a student’s specific behavior.
- Requires that suspension (including supervised suspension) be imposed only after other means of correction have failed to bring about proper conduct, with limited exceptions.
- Removes 1stoffense suspension based upon the danger to property or to disrupting the instructional process.
- Administrator has discretion to provide alternatives to suspension that are age appropriate and designed to address and correct pupil’s misbehavior on first offense.
- Discretion remains to suspend on the first offense if the principal determines the pupil’s presence is a danger to persons.
- Authorizes school districts to document other means of correction used and to place that documentation in pupil’s record.
- Adds a list of what “other means of correction” could include. Some examples are intervention teams, parent conference, 2ndstep, PBIS, referral to counselor, SST, psychological assessment, anger management, restorative justice, etc.
- Expands definition of bullying via an electronic act using a post on a social network Internet Web Site to include:
- Posting to or creating a burn page;
- Creating a credible impersonation of another pupil for the purpose of bullying as in existing law;
- Creating a false profile. “a profile or a fictitious pupil or profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.”
- Must notify a foster child’s attorney and the appropriate representative of the county child welfare agency of a pending expulsion (discretionary) hearing, meeting to extend the suspension, and/or manifestation determination meeting.
- Requires that the notification of and invitation to a parent/guardian for meeting/hearings related to discipline of a foster youth also be extended to the person who holds the right to make educational decisions for the foster child.
- Deletes the infraction and fine imposed for failure to notify the appropriate law enforcement agency of a student’s act that may result in suspension, expulsion, or criminal liability of the pupil.
- Specifies that unlawful possession of any controlled substance does not include the possession of over-the-counter medication for use by the pupil for medical purposes or prescription medication for the pupil.
- 48915(a) offenses no longer mandatory expulsions.
- A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he/she has been arrested, adjudicated by a juvenile court, had been formally or informally supervised by a probation officer, or was detained for any length of time in a juvenile facility or was enrolled in a juvenile court school.