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Suspension Policy
Overview
If a student's behavior is a threat to the safety, health or emotional wellbeing of others, and previous methods of prevention and intervention have not been successful, that student will be suspended in accordance with district policy and state law.
Reasons for Suspension
State law allows for the suspension of a student if a school investigation shows the student--while on school grounds, going to or from school, during lunch period (on or off campus), or during, or while going to or from, a school-sponsored activity--has engaged in any of the following acts:
Assault/Battery
Causing, attempting to cause, or threatening to cause physical injury to another person, including a school employee. Also included are attempted sexual assault, sexual assault and sexual battery. Exceptions may be made in a situation where witnesses and evidence support a case of self-defense.
Weapons
Possessing, selling, or otherwise providing any weapon--including guns, knives, explosives, or simulated weapons, including toys such as pellet, airsoft, paintball and BB guns. Also applies to use of any object in a threatening manner, including traditional classroom supplies such as pencils, pens, and paperclips.
Alcohol/Intoxicants/Controlled Substances
Unlawfully possessing, using, selling or otherwise providing alcohol, intoxicants (including inhalants such as glue, paint or liquid paper) or controlled substances, including prescribed medications. Also applies to being under the influence of alcohol, intoxicants or controlled substances.
Substance in Lieu of Alcohol/Intoxicants/Controlled Substances
Delivering, providing or selling items which are claimed to be alcohol, intoxicants or controlled substances but were not such items.
Drug Paraphernalia
Unlawfully possessing, offering, arranging for, or negotiating to sell any drug items.
Tobacco or Nicotine Products
Possessing, providing or using tobacco, or any item containing tobacco or nicotine products, including but not limited to cigarettes, cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. Under district policy, a fourth offense requires an expulsion referral.
Robbery and Extortion
Commiting or attempting to commit robbery or extortion. Extortion occurs when threats are made with the intent to obtain money or something of value.
Property Damage
Causing or attempting to cause damage to school property or private property. Parents or guardians are legally responsible to pay for any losses or damage to public property caused by a student.
Property Theft
Stealing or attempting to steal school or private property, or receiving stolen property. Parents may be required to pay for damages.
Obscenity
Commiting an obscene act or engaging in regular profanity, swearing or vulgarity. Also applies to sexual acts, even if consensual.
Disruption or Defiance
Disrupting school activities or otherwise refusing to follow the valid authority of school personnel, including supervisors, teachers, school officials or other school staff performing their duties.
Sexual Harassment (Grades 4-12)
Making unwelcome advances; requesting sexual favors; and other verbal, visual or physical conduct of a sufficiently severe sexual nature; or having a negative impact on an individual's academic performance; or creating an intimidating, hostile or offensive educational environment.
Hate Violence (Grades 4-12)
Causing, threatening to cause, attempting to cause, or participating in acts of hate against people or property. This includes but is not limited to negative behaviors that target members of a particular gender, race, ethnicity, religion, sexual orientation or the mentally or physically challenged.
Threats and Intimidation
Harassing, intimidating, or threatening a student who is a 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. Also applies to verbal or written threats against school officials or threats to cause major property damage.
Harassment (Grades 4-12)
Harassing, intimidating, or threatening a student or group of students, or school personnel, with the actual or expected effect of disrupting class work, or creating substantial disorder, or creating a hostile educational environment.
Hazing
Engaging in, or attempting to engage in any activities used for initiation or pre-initiation into a student organization, or student body or related activities, which causes or is likely to cause bodily danger, physical harm, or personal degradation or disgrace, resulting in physical or mental harm. Applies to any student attending any school or school event.
For more detailed information, consult District Procedure 6290
, Suspension, and California Education Code 48900 
.Authority to Order Suspension
A teacher may suspend any student from his or her classroom for any of the acts considered grounds for suspension for the day of the suspension, and the day following. The teacher immediately reports the suspension to the school principal, and sends the student to the principal or the principal's designee for appropriate action. The principal's designee may include a vice-principal, counselor, teacher or other staff member.
A superintendent, principal or principal's designee may also suspend a student, after conducting an informal meeting or conference between the student and the teacher or school employee who referred the student. The informal conference may be held either at the school site or over the telephone. A principal or designee may suspend a student from school for a maximum of five consecutive days for any of the acts considered grounds for suspension.
Students may be suspended for a maximum of 20 days per school year.
Additional details about district employees with the authority to suspend students are outlined in District Procedure 6290
.Suspension Process
Once a decision is made to suspend a student, a parent or guardian is contacted, and a meeting is set up to include the student, parent or guardian, and appropriate staff. The meeting is held at the school site. Parents who are not able to come to school can participate in the meeting over the telephone.
In-class suspension by a teacher
Following an in-class suspension by a teacher, the teacher must immediately report the suspension to the principal or principal's designee, and send the student to him or her for appropriate action. The designee may be a vice-principal, counselor, teacher or other staff member. The teacher must also consult with the principal or principal's designee regarding a "due process" conference. The conference includes several key steps:
- As soon as possible, the teacher or principal/principal's designee shall ask the student's parent or guardian to attend a parent-teacher conference about the suspension. A school counselor or school psychologist attends the conference whenever possible. The principal/principal's designee may also attend at the request of the teacher or parent. It is important that up-to-date phone numbers and other information be provided to the school so parents can be quickly contacted.
- During the period of suspension, the suspended student will not return to the class without the permission of the teacher and principal/principal's designee, nor will they be placed in another regular class during this time. The principal/principal's designee will plan for the completion and distribution of regular suspension forms as necessary.
- A teacher may also refer a student at this time for consideration of suspension from school, or a "formal" suspension.
A principal or designee may suspend a student from school for a maximum of five school days in a row for any single action considered reasons for suspension. This is known as a "formal" or "out of school suspension." The process includes several key steps:
- A suspension occurs after an informal conference, held by the principal/principal's designee between the student and, whenever possible, the school employee who referred the student. At this conference, which may be conducted over the phone or held at the school, the student will be informed of the reason for the disciplinary action and the evidence that lead to the action. The student must be given an opportunity to present his or her own evidence in defense.
- A student may be formally suspended without the informal conference only if it is determined that an emergency situation exists. This means a situation determined by the principal/principal's designee to create a clear and present danger to the lives, safety or health of students or staff. If a student is suspended without the informal conference, both the student and the parent or guardian will be notified of the student's right to a conference, and of the student's right to return to school for the purpose of a conference.
- The informal conference will be held within two school days, unless the student waives this right, or is physically unable to attend for any reason. The conference will then be held as soon as the student is physically able to return to school for the conference.
- When any student is recommended for suspension for any reason requiring police notification, a School Police officer may be brought in to investigate the situation and possibly detain the student.
- If, upon hearing the student's version of events and examining any evidence presented, the principal/principal's designee determines a suspension is not required, the student may be returned to his or her regular placement, or be referred to an alternative program.
- The teacher of any class from which a student is suspended may require that the student complete assignments and tests during the suspension period. Additionally, any parent or guardian may specifically request class assignments and tests during the suspension period.
notice is also mailed to the parent or guardian. This includes information such as:
- A statement of facts leading to the decision to suspend the student.
- The date and time when the student will be allowed to return to school.
- Information about the rights of the student or parent to request an appeal of the suspension.
- Information about the rights of parents/guardians to have access to the student's records.
- A request that parent/guardian meet with school officials on or before the third consecutive day of a suspension at which time all matters related to suspension are discussed.
- A notice that state law requires parents/guardians to respond to these requests without delay.
Issues for Students with Exceptional Needs
A student with exceptional needs, or who is eligible for services under Section 504 of the Rehabilitation Act
, may be suspended for up to ten days in a row, or up to 20 days total in any one school year.An individualized education program team, or an instructional study team, is convened when a student's cumulative days of suspension in a school year approaches ten school days. The team evaluates whether:
- The suspensions constitute a pattern.
- The student's disability caused the misconduct.
- The student's educational placement is appropriate.
In a case where a student is considered truly dangerous, a suspension may exceed the ten days if ordered by the court, or if the student's parent/guardian agrees.
Students may not be suspended for more than ten days in a school year if the suspensions constitute a pattern in regards to the length of each suspension, the proximity of the suspensions to one another, and/or the total amount of time a student is removed.
Appeal Process
During the required parent conference, information is provided to the student and parent or guardian about their right to appeal a suspension, along with information about the appeal process. All suspension appeals are handled by the district's Placement and Appeal Office, which must follow several steps to complete the appeal process:
- To initiate an appeal, the student or parent or guardian must contact the Placement and Appeal Office in writing within three weeks of the date of the suspension.
- The Placement and Appeal Office will mail to the student or parent/guardian the "Request for Suspension Appeal" form with instructions to complete and return the form so that it is received no later than three weeks after the date of the principal's decision to suspend. The appeal form may also be downloaded here in English or Spanish .
- The Placement and Appeal Legal Specialist will use information provided on that form to determine whether or not the principal suspended the student properly and followed all applicable procedures. The Specialist will also consider the reasons the family feels the suspension was incorrect or inappropriate, and may contact the family and/or school staff to clarify information.
- Based on the information submitted or requested, the Legal Specialist may make one of the following decisions regarding the suspension.
- Uphold the suspension
- Uphold the suspension but clear the student's record of the suspension at the end of the semester, if the student has no additional discipline problems in the district
- Determine that the suspension was not within district guidelines, overturn the suspension, and order that all records and documents regarding the disciplinary proceeding be destroyed. No information regarding the suspension will be placed in the student's permanent record, or shared with anyone not directly involved in the proceedings.
- The Legal Specialist will mail a copy of the decision to the student and/or parent or guardian within five days of the issuing the decision. A copy of the decision is also mailed to the school principal.
Frequently Asked Questions
What can the school do to help me stay on top of my work if I've been suspended?
Any parent of a student on suspension may request class assignments and tests during a suspension. Additionally, the teacher of any class from which a student is suspended may require that the student complete assignments and tests during the period of suspension. Students may also want to check with their counselor regarding tutoring programs available. For more information, see District Procedure 6290
.
How do you define "assault?"
"Assault" is defined as "an unlawful attempt, coupled with a present ability to commit, a violent injury on the person of another." In district disciplinary policies, the "assault and battery" category includes caused, attempted to cause, or threatened to cause physical injury; willfully used force or violence upon another person, except in self-defense; and sexual assault and battery.
What is the process to appeal a suspension?
To appeal a suspension, the student's parent or guardian should complete a Suspension Appeal Form, which is available for download in English
or Spanish . To receive the form by mail, call the Placement and Appeal Department at (619) 725-5660. The Placement and Appeal office must receive the completed form and a copy of the suspension form from the student's school within 15 days of the first day of suspension.How do you define "defiance?"
Defiance is defined as "Willfully defying the valid authority of school personnel." That includes supervisors, teachers, school officials and other school staff performing their duties. This can include deliberately challenging teachers or deliberately ignoring classroom rules deliberately.
What can I do if I feel I've been treated unfairly by school staff?
Complaints about staff should be addressed to the school's principal. If the situation cannot be resolved at that level, a formal complaint may be filed with the district's Parent Support and Board Services Department.
Can teachers force my parents to come to school for meetings about a suspension?
It is usually suggested that a parent come to the school to shadow their child or come in for a conference, but no one can force a parent to show up. A student cannot be denied or delayed a return from suspension or receive other punishment based on the parent's failure to contact the school.
What can I do if I feel I was wrongly suspended?
If a student feels he or she has been wrongly suspended, he or she must serve their suspension, but may file a suspension appeal
that, if granted, would result in removal of the suspension from their record. If I get suspended, can I go back to school? What will happen if I do?
For the duration of a formal (out of school) suspension, a student is not allowed on any school district campus unless attending an official meeting relating to his or her suspension. If a student does return to campus, the school may call the school police or the student's parents to have the student removed.
What is the difference between in-school suspension and out of school suspension?
Out of school, or formal, suspension means students are not allowed to go to campus during the period of suspension except for official meetings relating to their suspension. In-school suspension usually means that a student is sent to a particular area at the school where they are monitored by school staff. In-school suspension does not go on the student's permanent record, but may be retained in the student's general file for reference and may be used as an alternative consequence before rising to the level of a formal suspension.
Under what circumstances can the district suspend or expel a student with a disability, when we have an IEP?
Students with exceptional needs, or who are eligible for services under Section 504 of the Rehabilitation Act, are treated the same as their nondisabled peers in cases of suspension. However, even when a student enrolled in special education meets the criteria for an expulsion, or suspension beyond 10 days, the law continues to require a Free Appropriate Public Education.
Unlike a regular education student, a student in special education will not see an end to services, but may have a change of placement to an alternative setting which will provide the services required by a student's IEP.
Learn more about Section 504 of the Rehabilitation Act
and the Free Appropriate Public Education Act .Why are toy guns an issue?
Pellet, airsoft, paintball and BB guns – many of which can closely resemble real firearms – have become popular toys for children of all ages. These replica weapons are dangerous for a variety of reasons. The risk of injury from one going off is clear. Less obvious, but possibly more scary, is the danger faced by someone holding one of these real-looking toy weapons. When someone is brandishing or discharging one of these replica weapons, the public doesn’t know they are not real guns – and neither do police who get sometimes panicked calls to respond to what some may see as a threatening situation. These toys are NOT ALLOWED on district campuses, and under district policy, any student found in possession of these or any other replica firearm will be automatically suspended for five days and recommended for expulsion.
Related Resources
| Fact Sheets | |
| • | Summary
of Offenses Leading to Suspension or Expulsion: English | Spanish | Somali | Vietnamese | Cambodian | Lao |
| • | Suspension
Rates: English | Spanish | Lao |
| • | Zero Tolerance Policy: English | Spanish | Somali | Vietnamese | Cambodian | Lao |
| • | Parent/Guardian Rights: English | Spanish |
| • | Parent Support and Board Services: English | Spanish |
| • | Special Education Parent Facilitators and Ombudspersons: English | Spanish | Somali |
Policies and Procedures
| • | Anti-bullying Program: English | Spanish |
| • | Zero Tolerance Policy: English | Spanish | Somali | Vietnamese | Lao |
| • | Suspension (District Procedure 6290, 13 pages) |
| • | Alcohol, Tobacco and Other Drugs (District Procedure 6298, 12 pages) |
| • | Release of Student Information (District Procedure 6525, 15 pages)
|
Appeal Forms
| • | Suspension Appeal and Checklist for Parents: English | Spanish |
Video
| • | “Suspension and Expulsion: Know the Truth” Produced by SDUSD Communications Department, copyright © 2003 Video produced for secondary school students explains suspension and expulsion policies and appeal processes. Includes simulated offenses, a mock expulsion hearing, and answers to student questions about the Zero Tolerance policy. Available in English, Spanish and Somali. To request a copy, please contact the Communications Department at communications@sandi.net or (619) 725-5579. |
Websites
| • | San Diego County Office of Education
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| • | California Department of Education
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Contact Information
Placement and Appeal Department
4100 Normal St., Annex 8
San Diego, CA 92103
(619) 725-5660
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