Student Conduct Code

CONDUCT CODE VIOLATIONS AND CONSEQUENCES

A student may be disciplined, suspended or expelled for any of the reasons set forth in California Education Code 48900, 48900.2, 48900.3, 48900.4, 48900.7, and 48915.  Although this Conduct Code lists various types of inappropriate behavior and the consequences, it does not list them all.  Therefore, the District will proceed with disciplinary action permitted by the Education Code for misconduct even if it is not specifically listed in the Student Conduct Code.

Students may be disciplined, suspended, or expelled if the conduct is related to school attendance or activity.  Jurisdiction for disciplining misconduct, which may occur at any time, includes but is not limited to the following: while on school grounds; while going to or from school; during the lunch period on or off campus; while going to or coming from lunch off campus; during or while going to or coming from any school related activity.

Disciplinary actions may include, but are not limited to any of the following:  student warning; parent conference; detention; referral to school counselor or conflict management; loss of privileges; Behavior Intervention Program; community service on school grounds; student behavior contract; suspension; expulsion; transfer to an alternative school program; notice to law enforcement agencies.

Discipline consequences imposed will depend upon the frequency and seriousness of the violations.

Level I Offenses A student who violates an offense in this category is subject to discipline.  A student who engages in such misconduct may be suspended on the first offense if it is determined that his/her presence causes a danger to persons or property or threatens to disrupt the instructional process.  A student may also be recommended for expulsion for such conduct on a first offense, if it is determined that a) other means of correction have repeatedly failed, b) other means of correction are not feasible, or c) due to the nature of the violation, the student’s presence causes a danger to person or property or threatens the instructional process.  (i.e. Cause or attempt to cause damage to school including graffiti; steal or attempt to steal school or private property, possess or use tobacco or any tobacco or nicotine products, commit an obscene act or engage in habitual profanity or vulgarity, sexual harassment, knowingly receive stolen school or private property; disrupt school activities or otherwise willfully defy the valid authority of school officials engaged in the performance of their duties – i.e. of disruptive activities:  hazing, defy or disobey school officials, replica of dangerous object, forge school documents, etc.; fail to identify oneself, false information, cheating, leave campus without authorization; gambling, behavior, dress, usage of electronic device – cell phone; driving privileges, harassment of another person)

Level II OffensesA student who engages in Level Two conduct is subject to mandatory suspension.  Depending on the circumstances surrounding the violation and the violation itself, the student may not only be suspended but may also be recommended for expulsion and have the suspension extended by the superintendent’s designee.  (i.e. possess, use, furnish or be under the influence of a controlled substance, alcoholic beverage or intoxicant of any kind; set or attempt to set fire, activate a false fire alarm; willfully cause a major disruption of school activities – bomb threat, riot, gang-related activity; possess an imitation firearm; cause hate violence; harassment, threats, or intimidation; harass, threaten or intimidate a student witness; cause or threaten to cause physical injury; willfully use force or violence toward another person; unlawfully possess, sell, arrange, or negotiate any drug paraphernalia; make terrorist threat against school officials)

Level III OffensesFor the offenses listed in section VI.B., of the Lodi Unified School District Student Conduct Code, with an additional finding that other means of correction are not feasible or have repeatedly failed to bring about the proper conduct and/or the presence of the student is a continuing danger due to the nature of the act, the principal shall recommend expulsion unless the principal finds that expulsion is inappropriate due to the particular circumstance.  (i.e. cause serious injury to another person; possess a knife, explosive, or other dangerous object; possess a controlled substance; robbery or extortion; assault or battery upon any school employee.)

Level IV OffensesFor the offenses listed in VII.B. of the Lodi Unified School District Student Conduct Code, the principal or superintendent shall immediately suspend and shall recommend for expulsion if the act was committed at school or at a school activity off school grounds, or on the way to or from school.  The Board of Education shall expel the student.  (i.e.  possess, sell or furnish a firearm; brandish a knife at another person; sell a controlled substance; commit a sexual assault or sexual battery; possess an explosive.)

 

Parent Connections

PARENT INVOLVEMENT OPPORTUNITIES

PARENT TEACHER STUDENT ASSOCIATION (PTSA) AND SCHOOL SITE COUNCIL (SSC)

The PTSA and the SSC are the major stakeholders in Bear Creek.  They work together to support the school and its students. 

BEAR CREEK EDUCATIONAL AND ATHETIC FOUNDATION

The Bear Creek Educational and Athletic Foundation brings parents and the community together to provide needed financial support for our co-curricular programs.

ENGLISH LANGUAGE ADVISORY COMMITTEE

The ELAC is an advisory committee composed of the parents of students whose primary language is not English.  All parents, students, staff, and community members are welcome to participate. 

 

VISITOR POLICY

Classroom Visitation

Parents are always welcome to visit their child’s classroom.  According to California Education Code, once the request to visit is made, the visit must be arranged “within a reasonable amount of time.”  Please check in at the Administration Office on the day of your visit. 

All visitors to the campus must sign in at the front office and be cleared to receive a visitor’s pass.  All persons on campus not on official school business will be handled as trespassers and cited by the police.  Parents wishing to visit a specific class must notify the school 24 hours in advance to allow for teacher notification.

Students are not allowed to bring visitors or siblings on campus during school hours.

NOTE:  The school and district DO NOT assume financial liability for any visitor on campus.

 

PERSONAL AND SCHOOL PROPERTY

Bear Creek High School IS NOT RESPONSIBLE FOR PERSONAL PROPERTY BROUGHT TO SCHOOL. 

Parents are responsible for the replacement of any school property loaned to a student which is not returned upon demand by a school employee.  The school is not responsible for lost or stolen articles.

Discipline

Student Responsibilities and Expectations

I.

 

A. Students are required by law to:

1. Attend school from age of 6 to 18 (or high school graduation). Daily attendance is required unless students are ill or otherwise legally excused.

2. Actively participate in the educational process, comply with all school rules, and pursue the required course of study.

3. Submit to the valid authority of school officials in the performance of their duties.

4. Perhaps most importantly, students are expected to assume primary responsibility for their own behavior.

(EC 35181, EC 48908, Title 5, CCR 300)

B. Staff will encourage and maintain high standards of student behavior by:

1. Establishing an atmosphere in which productive learning can take place.

2. Establishing an atmosphere of mutual respect and teach the standards of appropriate student behavior.

3. Identifying causes of student misconduct and finding constructive methods of preventing/controlling such behavior.

4. Consistently applying classroom, school and District rules.

5. Communicating regularly with students and parents regarding the behavior and academic progress of their students. (Title 5, CCR 5530, EC 44807)

C. Parents are responsible for:

1. Sending their student to school daily and on time (EC 48200).

2. Acknowledging/accepting that the schools and the Board of Education have the legal responsibility to maintain standards of behavior for all students.

3. Cooperating with staff in helping a student with academic, discipline or attendance problems.

4. Encouraging in their student an attitude that learning, good attendance and proper behavior are important.

D. Student Searches

School officials may conduct searches of students and their personal belongings while on school property or at school sponsored events. Personal belongings include, but are not limited to: backpacks, brief cases, bags, vehicles, etc. Searches of students and personal belongings will be conducted when there are reasonable grounds to suspect that the search will provide evidence that the student is violating the law and/or school regulations. The scope of the search will be related to the objectives of the search, the age and gender of the student, and the nature of the violation. Refer to District Policy/Rules for more information.

School properties under joint control are also subject to being searched by school officials. These places include, but are not limited to lockers and desks. Lockers and desks are school property and may be searched at any time. Searches may be random and without cause of any kind. There is NO expectation to privacy. (Board Policy/Rule 5145.12)

E. Medications

Students who need to take medication (prescription or non-prescription) during the school day are REQUIRED to have a District medical form on file in the school office prior to such administration. Once the medical form is on file, designated school personnel MUST assist the student in administering the requisite medication including any tests for medical reasons such as those required for diabetic students.

A student who brings a medication (prescription or non-prescription) to school and either (1) gives or sells the medication to another student or (2) self-administers a medication without the proper District medication form on file, will be subject to appropriate disciplinary action. (EC 49422, EC 49423, Board Policy/Rule 5141.21)

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F. Due Process / Right to Appeal Procedure

No student will be suspended or expelled without being afforded due process. Parents and students have the right to appeal any disciplinary consequence imposed by school officials. Refer to Board Policy/Rules 5144.1 for more information.

II.

CONDUCT CODE VIOLATIONS AND CONSEQUENCES

A. Definition of Student Misconduct

A student may be disciplined, suspended or expelled for any of the reasons set forth in California Education Code 48900, 48900.2, 48900.3, 48900.4, 48900.7 and 48915. Although this Conduct Code lists various types of inappropriate behavior and the consequences, it does not list them all. Therefore, the District will proceed with disciplinary action permitted by the Education Code for misconduct even if it is not specifically listed in this Student Conduct Code.

B. Jurisdiction

Students may be disciplined, suspended or expelled if the conduct is related to school attendance or activity. Jurisdiction for disciplining misconduct, which may occur at any time, includes but is not limited to:

1. While on school grounds.

2. While going to or coming from school.

3. During the lunch period on or off the campus, or while going to or coming from lunch off campus.

4. During or while going to or coming from a school sponsored activity.

C. Disciplinary Actions

Students of the Lodi Unified School District are expected to follow and comply with school and District conduct rules. If a student chooses to break the rules, he/she will be subject to various consequences that may be assigned by any school official designated for such responsibility. Some of the possible consequences are listed and the level of discipline imposed will depend on the frequency and the seriousness of the violation.

1. Parent conference may be required to discuss the student’s behavior and expectations for the future.

2. Detention may be assigned to the student where he/she goes to a specific supervised area before or after school.

3. Referral to school counselor or conflict management (if available) for student to discuss the problems.

4. Social Probation: student is prohibited from attending or participating in school extra-curricular activities.

5. Saturday School may be assigned to the student on Saturday for repeated unexcused absences or for other infractions.

6. Community service on school grounds during non-school hours. This may include outdoor beautification, campus betterment and teacher or peer assistance program.

7. Behavior contract: student agrees to comply with the conditions stipulated in writing. This contract may be implemented independently or in addition to suspension or other forms of disciplinary action.

8. In-school suspension assignment to a supervised classroom separated from other students.

9. At-home suspension assignment prohibits the student from attending school, participating in any school activity or being on school grounds for a period of time up to five consecutive school days.

10. Expulsion from all schools in the District. The student is prohibited from being on school grounds or attending any school activity for a period of time beyond five school days during which time he/she is referred to attend the County Schools Program. Although this action is permitted or required for serious offenses, students would usually be expelled only after other interventions have failed to bring about proper conduct.

11. Transfer to an alternative school program.

12. Notice to law enforcement is required for some violations and permissive for others. In permissive cases, notice to law enforcement occurs if the evidence indicates a continuing danger to person or property or a threat of disrupting the instructional process.

III.

ADDITIONAL CONSIDERATIONS

A. More Than One Consequence

Depending on the nature of the offense, the site administrator will determine whether the consequences should include more than one form of discipline. Typical consequences include, but are not limited to home suspension, in-school suspension, Saturday school, intervention group, detention, community service or counseling. Disciplinary actions/interventions shall be applied progressively based on the nature and frequency of the violations.

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B. Related to Suspension

1. If the nature of the offense makes an alternative placement or an expulsion recommendation appropriate, the student will be suspended for five days for the infraction.

2. For some infractions, the student may be suspended on the first offense if it is determined that the student’s presence causes a danger to persons or property or threatens to disrupt the instructional process. (EC 48900.5)

3. Gang-related offenses are generally of the nature where the student’s presence does pose a danger to persons or property or threatens to disrupt the instructional process. In such cases, the student may be suspended for five days on the first offense as well as recommended for an alternative placement or expulsion.

4. Violation of suspension (student coming on campus or attending school activity while on suspension) may result in a minimum of a warning and a maximum of a referral to the appropriate law enforcement agency.

C. During Suspension

1. Students are expected to be at home or other parent designated location and under the supervision of parents or other designated adult during school hours. (7 AM to 4:30 PM)

2. Students on home suspension are prohibited from being on campus unless a prior arrangement has been made with a school administrator to come to the office on official business with parent/guardian.

3. Students on suspension are prohibited from attending any school sponsored activity on or off campus including weekends and holidays. These activities include, but are not limited to, graduation ceremonies, field trips, athletic events, proms, dances, latchkey and after-school recreation.

4. Consequences and restrictions for suspensions that overlap into weekends and/or vacation periods will apply.

5. Teachers may (but are not required to) provide make up work for students on suspension.

D. Payment for Damages

If a student’s misconduct results in damage to school or private property or injury to a person, the student’s parent/guardian is liable for the cost of all damages. If parent/guardian is unable to pay for the damages, the District will provide a program of voluntary work for the minor in lieu of payment of monetary damages. The parent/guardian is also responsible for the amount of the reward paid for information leading to the apprehension of the person causing the damage. (EC 48904, 48905)

E. Confiscated Property

Any confiscated student property (e.g., radios, skateboards, tobacco, etc.) will be returned to the parents, not the student. Items that are illegal to possess will be turned over to the appropriate law enforcement agency.

F. Property Voluntarily Turned In By The Student

If a student finds that he/she has inadvertently brought a dangerous object to school, and he/she immediately turns the object over to a teacher, administrator or other school official, the District may take into consideration the student’s corrective action in addition to all the circumstances surrounding the violation.

G. Students with Individual Education Programs (IEP’s)

Federal and state laws provide additional requirements for students with IEP’s including but not limited to modifying the number of suspension days per incident and the provision of educational services for suspensions beyond ten (10) school days. Questions about District implementation with regard to these laws may be directed to school administration, the school’s program specialist or psychologist, the office of special education or the office of Child Welfare and Attendance.

H. Social Probation

Student on Social Probation may not attend any school related event for forty-five (45) school days. A school related event is

any school sponsored activity that occurs outside of regular school hours. School related events include, but are not limited to,

participation in or attendance at school sponsored athletic events, band, choir, drama, cheer, drill or speech performances,

school dances, after school rallies, student government, club meetings/activities and promotion/graduation ceremonies.

(Board Policy and Rule 6145)

IV.

LEVEL ONE OFFENSES

A. General Provisions

1. A student who violates an offense in this category (see Paragraph B. below) is subject to discipline.

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2. A student who engages in such misconduct may be suspended on the first offense if it is determined that his/her presence causes a danger to persons or property or threatens to disrupt the instructional process. (EC 48900.5)

3. A student may also be recommended for expulsion for such misconduct on a first offense, if it is determined that:

* Other means of correction are not feasible or have repeatedly failed to bring about proper conduct and / or

* Due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others.

B. Offenses Defined

1. Cause, attempted to cause damage to school (includes electronic files and databases) or private property. EC 48900 (f)

Explanation: This includes, but is not limited to, gang-related graffiti, tagger graffiti or graffiti of any kind on any school or private property and is absolutely prohibited. This type of behavior would generally be considered a serious violation which warrants more than the minimum penalty.

Minimum: Warning, parent conference.

Maximum: Suspension, notify law enforcement, recommend expulsion.

2. Stole or attempted to steal school (includes electronic files and databases) or private property. EC 48900 (g)

Minimum: Warning, parent conference.

Maximum: Suspension, notify law enforcement, recommend expulsion.

3. Possess or use tobacco or any products containing tobacco or nicotine products.

EC 48900 (h)

Minimum: Warning, confiscation, parent conference.

Maximum: 5 day suspension, notify law enforcement.

4. Commit an obscene act or engage in habitual profanity or vulgarity. EC 48900 (i)

Minimum: Warning, parent conference.

Maximum: Suspension, notify law enforcement, recommend expulsion.

5. Commit sexual harassment. EC 48900.2 (applies to grades 4-12)

Explanation: Pursuant to EC 212.5, sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the education setting under any of the following conditions:

* Submission to the conduct is made a term/condition of a person’s academic status/progress.

* Submission to or rejection of the conduct is used as a basis of an academic decision affecting the person.

* The conduct has the purpose or effect of having a negative impact on the person’s academic performance, or of creating an intimidating, hostile or offensive educational environment.

* Submission to or rejection of the conduct by the person is used as a basis for any decision affecting the person regarding honors, programs or activities available at or through the school district. (refer to Board Policy for more information and grievance procedures)

Minimum: Warning, parent conference.

Maximum: Suspension, notify law enforcement, recommend expulsion.

6. Knowingly receive stolen school (includes electronic files and databases) or private property. EC 48900 (l)

Minimum: Warning, parent conference, counseling.

Maximum: Suspension, notify law enforcement, recommend expulsion.

7. Disruption of school activities or otherwise willfully defied the valid authority of

school officials engaged in the performance of their duties. EC 48900 (k)

Consequences: Refer to paragraph C below.

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C. Examples of Disruptive Activities and Willful Defiance Under EC 48900 (k)

Note: Even offenses not specifically described in this Conduct Code may still fall within the definition of disruptive and/or defiant behavior and warrant disciplinary action.

1. Defy or disobey school officials.

Minimum: Warning, parent conference.

Maximum: Suspension, notify law enforcement, recommend expulsion.

Explanation: Students who physically block school staff from breaking up a fight or who fail to disperse when directed by staff to do so or who run to observe a fight or who crowd around a fight or who interfere with any safety procedures at the scene of a fight MAY be recommended for expulsion if the principal finds that other means of correction are not feasible or have repeatedly failed to bring about proper conduct and/or that due to the nature of the act, the presence of the student causes a continuing danger to the physical safety of the student or others.

2. Possess any replica of a dangerous object on campus.

Explanation: This includes, but is not limited to, rubber/plastic look-alike knives, swords, daggers, hypodermic needles, etc.

Minimum: Warning, parent conference, confiscation.

Maximum: Suspension, notify law enforcement, recommend expulsion.

3. Forge, falsify, alter or use forged school documents, correspondence, passes, or readmission slips.

Minimum: Warning, parent conference. Suspension

Maximum: 5 day suspension.

4. Fail to identify oneself or give false information to school officials.

Minimum: Warning, parent conference. Suspension

Maximum: 5 day suspension, notify law enforcement.

5. Cheating of school work.

Minimum: Warning, possible failing grade on work at teacher discretion, parent conference.

Maximum: 5 day suspension, failing grade on the work, parent conference.

6. Leave campus without proper authorization.

Minimum: Warning, unexcused absence, parent notification. Suspension

Maximum: 5 day suspension.

7. Gambling PC 330

Minimum: Warning, parent conference. Suspension

Maximum: 5 day suspension, notify law enforcement.

8. Interfere with the peaceful conduct of the classroom or campus.

Minimum: Warning and parent notification.

Maximum: 5 day suspension, notify law enforcement.

9. Loiter on or about campus without an apparent and lawful purpose.

Explanation: A person/student is subject to arrest according to Penal Code 653 (g) if he/she loiters at or near any school or public place at or near where students attend or normally congregate, or re-enters or comes upon such school or place after being asked to leave by a school official.

Minimum: Warning, parent notification. Suspension

Maximum: 5 day suspension, notify law enforcement.

10. Exhibit any dress, grooming or appearance, which disrupts or tends to disrupt the educational process or affects the health and safety of persons.

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Explanation: Any attire, paraphernalia, or symbol that displays a logo or other message relating to alcohol, tobacco, drugs or gangs (including gang affiliation), may not be worn or permitted on campus or at any school related activity.

Minimum: Parent conference, removal of attire or confiscation of the object.

Maximum: 5 day suspension, notify law enforcement.

11. Possess disruptive items.

Explanation: Includes items such as radios, tape player, skateboards, or any other item a school administrator identifies as disruptive. Confiscated items will be returned only to parents.

Minimum: Warning, confiscation of object. Suspension

Maximum: 5 day suspension.

12. Exhibit disruptive behavior on the school bus.

Explanation: Generally, transportation officials handle bus related incidents. However, if the situation warrants, school officials may also be involved.

Minimum: Warning.

Maximum: Suspension and/or loss of bus privileges for the remainder of the school year.

13. Use any electronic signaling device during class time or other school activities where prohibited. EC48901.5

Explanation: Includes, but is not limited to, cellular phones, beepers, pagers, signaling equipment, etc. These are to be turned off during class time and other school activities where use is prohibited. No student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician or surgeon to be essential for the health of the student and use of which is limited to purposes related to the health of the student.

Minimum: Warning and turn off device.

Maximum: Suspension, confiscation, parent conference.

14. Demonstrate unsafe riding, driving practices with bicycle/vehicle.

Minimum: Warning, parent conference. Suspension

Maximum: 5 day suspension, notify law enforcement, loss of riding/driving privileges.

15. Possess or use a laser pointer or like object. If use caused a danger to a person(s), student may be recommended for expulsion.

Minimum: Warning, confiscation, parent conference. Suspension

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

16. Harassment of another person. The reasons for this harassment include, but are not limited to race, color, ethnicity, religion, national origin, sexual orientation, disability, physical characteristics and bullying. Board Policy/Rule 5145.5

Minimum: Warning, counseling, parent conference. Suspension

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

17. Aids or abets the infliction or attempted infliction of physical injury on another person, as defined in Penal Code 31. EC 48900 (t)

Minimum: Warning, counseling, parent conference. Suspension

Maximum: 5 day suspension, notify law enforcement.

V.

LEVEL TWO OFFENSES

A. Mandatory Home Suspension

A student who engages in Level Two conduct as set forth is this section (V.) is subject to a mandatory suspension. Depending upon the circumstances surrounding the violation and the violation itself, the student may not only be suspended but may also be recommended for expulsion and have the suspension extended by the Superintendent’s designee. Elementary school

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administrators may suspend kindergarten through grade three students for fewer days than the minimum allows, if on a case-by-case basis, the circumstances warrant such an action.

B. Offenses Defined

1. Possess, use, furnish or be under the influence of a controlled substance, alcoholic beverage, or intoxicant of any kind. EC 48900 (c) With additional findings, this offense would be a Level Three

Minimum: Suspension, notify law enforcement, rec. substance abuse assessment, social probation.

Maximum: 5 day suspension, notify law enforcement, social probation, recommend expulsion.

2. Fire set or attempt to fire set. EC 48900 (f)

 

Minimum: 5 day suspension, notify law enforcement and fire marshal.

Maximum: 5 day suspension, notify law enforcement and fire marshal, recommend expulsion.

3. Activate a false fire alarm or tamper with any emergency equipment. EC 48900 (k) and possibly (a)(1) and (f)

Minimum: 5 day suspension, notify law enforcement and fire marshal.

Maximum: 5 day suspension, notify law enforcement and fire marshal, recommend expulsion.

4. Willfully cause a major disruption of school activities or interfere with the peaceful conduct of the activities of the school. EC 48900 (k)

Explanation: Major disruptions include, but are not limited to, bomb threats, inciting to riot, gang-related activities. (Penal Code 602.9, 148.1) When a student commits one of these disruptions, it is generally determined that the student’s presence causes a continuing danger to persons or property or threatens to disrupt the instructional process. As a result, the student is subject to a five day suspension on first offense. EC 48900 (k), 48900.5

Minimum: 5 day suspension, notify law enforcement and the District office.

Maximum: 5 day suspension, notify law enforcement and the District office, recommend expulsion.

5. Possess an imitation firearm. EC 48900 (m)

Explanation: Defined as a replica of a firearm so substantially similar in appearance to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.

Minimum: Suspension, confiscation.

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

6. Cause or attempt to cause hate violence. EC 48900.3, Penal Code 422.6, 422.7, 422.75 (applies grades 4-12)

Explanation: No person shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person, or knowingly deface, damage or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or the Constitution of the United States because of the other person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because he/she perceives that the other person has one or more of those characteristics.

Minimum: 5 day suspension, notify law enforcement.

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

7. Intentionally engage in harassment, threats or intimidation directed against school district personnel or students, that is sufficiently severe or pervasive to have the actual or reasonably expected effect of materially disrupting class work, creating substantial disorder, and invading the rights of either school personnel or students by creating an intimidating or hostile educational environment. EC 48900.4 (applies grades 4-12)

Minimum: 5 day suspension, parent conference.

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

8. Harass, threaten, or intimidate a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that student from being a witness or retaliating against that student for being a witness, or both. EC 48900 (o)

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Minimum: 5 day suspension, parent conference.

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

9. Cause, attempt to cause, or threaten to cause physical injury to another person. EC 48900 (a)(1)

Minimum: Suspension. If deemed to be a fight, battery or attack, student will be placed on a No Fighting Contract (valid for remainder of school year for grades K-8 and through the senior year for grades 9-12), social probation for causing or attempting to cause injury (valid for 45 school days).

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

Explanation: Students who engage in two (2) fights in any academic year or high school students who

engage in three (3) fights within their high school career (grades 9-12) shall be recommended for expulsion unless the principal finds that expulsion is inappropriate due to the particular circumstances.

10. Willfully use force or violence upon another person, except in self-defense. EC 48900 (a)(2)

Minimum: 5 day suspension, notify law enforcement.

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

11. Unlawfully possess, arrange or negotiate to sell any drug paraphernalia, as defined section 11014.5 of the Health and Safety Code. EC 48900 (j)

Minimum: 5 day suspension, parent conference.

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

12. Offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2, Division 10 of the Health and Safety Code, an alcoholic beverage or intoxicant of any kind AND THEN SOLD, DELIVERED, OF FURNISHED LOOK-ALIKES OR IN-LIEU SUBSTANCES. EC 48900 (d)

Minimum: 5 day suspension, notify law enforcement.

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

13. Made terroristic threat against school officials or school property. EC 48900.7

Explanation: This action is defined as including any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of $1000, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school district property, or the personal property of the person threatened or his or her immediate family.

Minimum: 5 day suspension, notify law enforcement (no additional findings).

Maximum: 5 day suspension, notify law enforcement (with additional findings recommend expulsion).

14. Unlawfully offered, arranged to sell, negotiated to sell, or *sold the prescription drug Soma. EC 48900 (p)

Minimum: 5 day suspension, notify law enforcement (no additional findings).

Maximum: 5 day suspension, notify law enforcement (with additional findings/*sold, recommend expulsion).

15. Engaged in, or attempted to engage in, hazing. EC 48900 (q)

Explanation: Hazing is defined as a method of initiation or pre-initiation into a student organization or body (whether or not the organization or body is officially recognized by an educational institution) which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective student.

Minimum: Suspension, notify law enforcement.

Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

16. Engaged in an act of bullying directed specifically toward a student or school personnel, including but not limited to bullying committed by means of an electronic act. EC 48900 (r) (applies grades 4-12)

Minimum: Suspension, notify parent.

 

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Maximum: 5 day suspension, notify law enforcement, recommend expulsion.

 

VI.

LEVEL THREE OFFENSES

EC 48900 and 48915 (a)

A. Recommendation for Expulsion with Additional Finding (s)

For the offenses listed in VI. B., with an additional finding that other means of correction are not feasible or have repeatedly failed to bring about proper conduct and / or the presence of the student causes a continuing danger due to the nature of the act, the principal shall recommend expulsion for each of the offenses listed below unless the principal finds that expulsion is inappropriate due to the particular circumstances. This finding must be included in the report of the incident. Elementary school administrators may suspend kindergarten through 3rd grade students for fewer days than the minimum allows, if on a case by case basis, the circumstances warrant such an action.

B. Offenses Defined

1. Caused serious injury to another person, except in self-defense. Penal Code 243

2. Possessed a knife, explosive, or other dangerous object of no reasonable use to the student. (Personal defense products such as mace, tear gas, pepper spray, etc., are considered dangerous objects and therefore prohibited.)

3. Unlawfully possessed a controlled substance listed in Chapter 2, Division 10 of the Health and Safety Code, except for the first offense for the possession of not more than one ounce of marijuana, other than concentrated cannabis.

4. Robbery or extortion.

5. Assault or battery upon any school employee (as defined in Penal Code 240 and 242).

C. Consequences for Level Three Offenses

1. 5 day suspension.

2. Notify law enforcement.

3. Recommend expulsion with additional finding (s).

 

VII.

LEVEL FOUR OFFENSES

EC 48900 and 48915 (c)

A. Expulsion Recommendation Mandatory

For the offenses listed in VII. B., the principal or superintendent shall immediately suspend and shall recommend for expulsion if the act was committed at school or at a school activity off school grounds. The Board of Education shall expel the student. If a Level Four Offense occurs on the way to or from school, the principal/superintendent may recommend expulsion.

B. Offenses Defined

1. Possessed, sold or furnished a firearm (as defined in the Penal Code 12001).

2. Brandished a knife at another person.

Explanation: “Brandish” means to wave, shake, or exhibit in a menacing, challenging or exultant way. As used in this section, a “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 1/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.

3. Unlawfully sold a controlled substance listed in Chapter 2, Division 10, H & SC.

4. Committed or attempted to commit a sexual assault or committed sexual battery as defined in EC 48900 (n)

5. Possessed an explosive as defined in 18 USC 921.

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C. Consequences for Level Four Offenses

1. 5 DAY SUSPENSION ISSUED BY SCHOOL ADMINISTRATION.

2. NOTICE TO LAW ENFORCEMENT BY SCHOOL ADMINISTRATION.

3. RECOMMEND EXPULSION FROM ALL SCHOOLS IN THE DISTRICT FOR ONE CALENDAR YEAR.

4. EXTENDED SUSPENSION ISSUED BY DISTRICT OFFICE ADMINISTRATION, IF WARRANTED.

5. BOARD OF EDUCATION ORDERS EXPULSION FROM ALL SCHOOLS IN THE DISTRICT.

Revised 6/2011

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IMPORTANT INFORMATION

BC Tardy Policy

TARDY POLICY

A tardy is defined as arrival to class after the tardy bell rings.

  • Students will receive an hour of detention for each unexcused tardy to class.
  • Detention is held twice per week and students must serve the date which they are assigned.
  • Missed detention will result in further disciplinary consequences.

     

    EXCUSED ABSENCES

    Excused absences are as follows:

  • Personal injury/illness; a doctor’s note is required if over 5 days
  • Medical/dental appointments
  • Court appearances
  • Bereavement of immediate family
  • School-sponsored activity

    All other reasons are considered unexcused.  Students with excused-cleared absences are entitled to make up all work. 

     

    You must bring a note or have a parent call to excuse an absence. Notes from parents/guardians must include the following:

  • Student ID number and grade
  • Student’s first and last name
  • Date(s) of absence
  • Reason for absence

     

    It is the student’s responsibility to contact his/her teacher to arrange for make-up work and a timeline for completion.

     

    An 18-year-old student wishing to verify/excuse his/her own absence(s) MUST submit a completed parent permission form (can be obtained in the Attendance Office).

     

    YOU HAVE 10 DAYS TO CLEAR AN ABSENCE.

Student Attendance

PERMIT TO LEAVE

  • If leaving school for a medical/dental appointment, bring a note to the Attendance Office before leaving campus to get a Permit to Leave.
  • Leaving campus without a Permit to leave will be considered a truancy.
  • Check into the Attendance Office upon return to campus

PRE-ARRANGED ABSENCES

  • On Campus – Students who wish to attend presentations on campus must pre-arrange their absence from classes at least one (1) day in advance of the scheduled presentation. 
  • Off Campus – Parents may request a pre-arranged absence for 5 days of instruction.  Examples of approved pre-arranged absences are:  religious holidays, camps, court dates, funerals, family business, or personal necessity.  Administrative signature must be obtained prior to teacher signatures.
  • Pre-Arranged does not necessarily mean the absence is excused.  Please see the Attendance Office if you have any questions. 

     

    Pre-arranged absence forms can be picked up in the Attendance Office.

     

    ABSENCES DUE TO SCHOOL ACTIVITY

    No academic penalty shall be issued due to absence(s) for a school-sponsored activity if teacher approval is given on the pre-arranged absence form.

    Pre-arranged absence forms are due to the Attendance Office NO LATER than the close of the office (3:30) on the day PRIOR to the activity.  Work due on the day of absence is expected to be turned in on or before the day the absence occurs unless other arrangements have been made by the student and teacher.  EVERY effort must be made by the student to get assignments completed and turned in prior to the known absence.

     

    ATTENDANCE CONSEQUENCES

  • A student may be assigned Behavior Intervention.  Attendance letters will be mailed on a monthly basis for students on the fourth truancy.  If no improvement in attendance occurs, a parent conference will be recommended.
  • A student who leaves class without permission will be marked truant and will be subject to disciplinary action.

 

POOR ATTENDANCE

  • Poor attendance will lead to poor academic performance and disciplinary action.  These actions are as follows:
  • Parent notification and truancy letters
  • Referral to the assistant principals for a parent conference
  • Referral to SARB
  • Referral to the District Attorney
  • Behavior Intervention Program
  • Alternative education placement
  • (LUSD Policy 5141.1 / Ed. Code 49407 & 49408)
  • Child Welfare and Attendance (CWA):  209-953-8968