Skip directly to: Main page content

SJTA Membership Handbook

Suspension - Know Your Legal Rights

 

Did you know that you, as a teacher, have the right to suspend? State Education Code, section 48910, Suspension by Teachers; Conferences; Referrals:

  1. A teacher may suspend any pupil from the teacherís class, for any of the acts enumerated in Ed. Code 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal or the principalís designee for appropriate action. If that action requires the continued presence of the pupil at the school site, the pupil shall be under appropriate supervision, as defined in policies and related regulation adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. Whenever practicable, a school counselor or a school psychologist shall attend the conference. A school administrator shall attend the conference if the teacher or the parent so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of suspension, without the concurrence of the teacher of the class and the principal.
  2. A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended.
  3. A teacher may also refer a pupil, for any of the acts enumerated in Ed. Code 48900, to the principal or the principalís designee for consideration of a suspension from the school.

48900 Grounds for suspension or expulsion; legislative intent.

A pupil shall not be suspended from school or recommended for expulsion unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has:

    1. Caused, attempted to cause, or threatened to cause physical injury to another person.
    2. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred by the principal or the designee of the principal.
    3. Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, any controlled substance listed in Chapter 2 (commencing with Ed. Code 11053) of Division 10 of the Health and Safety Code, and alcoholic beverage, or an intoxicant of any kind.
    4. Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Ed. Code 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.
    5. Committed or attempted to commit robbery or extortion.
    6. Caused or attempted to cause damage to school property or private property.