Zero Tolerance Procedural Policy: 

Sonora School District Board Approval 4/22/09

 

The Board believes that students who commit the offenses listed below should be referred to the Governing Board for a disciplinary hearing even if the Administration’s recommendation will not be to expel the student.  The Board refers to such a policy as a “zero tolerance procedural policy.”

 

The Board believes that a zero tolerance procedural policy communicates to all Sonora Elementary School District students that if they are accused of committing one of the offenses listed below, even if that is the first offense for that student, the Board shall conduct a hearing for the purposes of determining (1) whether the student committed the offense for which he or she is accused and (2) if the student committed one or more of the offenses listed below, what the appropriate level of discipline should be which will encourage the student to change or alter his or her conduct. 

 

At such hearings, if the Administration does not recommend or the Board does not conclude that the student should be expelled because other means of correction are feasible, the Administration may still recommend or the Board may still impose discipline for such students in accordance with Education Code section 48900.6.  Such discipline may include, but not be limited to, an additional period of suspension, loss of athletic privileges, loss of bus privileges, loss of the right to participate in extracurricular or co-curricular activities, community service, counseling, or peer/youth assistance programs. 

 

Therefore, the Governing Board directs that the Administration shall refer, except for cases which fall under Education Code section 48900, subdivision (a)(1), in which case the Administration has discretion whether to refer to the Board, a Sonora Elementary School District student who is accused of committing any of the following offenses at school, on the way home from school, on the way to school, or at a school-related activity or event to it for an expulsion hearing:

 

1.         Caused, attempted to cause, or threatened to cause physical injury to another person [Education Code section 48900, subdivisions (a)(1)] [The Administration has discretion whether to refer these cases to the Board for an expulsion hearing].

 

2.         Willfully used force or violence upon the person of another, except in self-defense [Education Code section 48900, subdivision (a)(2)].

 

3.         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 in by the principal or the designee of the principal [Education Code section 48900, subsection (b)].

 

 

4.         Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind [Education Code section 48900, subdivision (c)].

 

5.         Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and 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 [Education Code section 48900, subdivision (d)].

 

6.         Robbery or extortion [Education Code section 48900, subdivision (e)].

 

7.         Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code [Education Code section 48900, subdivision (n)].

 

8.       Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel [Education Code section 48900, subdivision (r)].

 

9.         Sexual Harassment [Education Code section 48900.2].

 

10.       Hate Violence [Education Code section 48900.3].

 

11.       Harassment, Threats, or Intimidation [Education Code section 48900.4].

 

12.       Terroristic Threats against School Officials, School Property, or Both [Education Code section 48900.7].

 

13.       Any other offense which is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment. 


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