Cupertino Education Association

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Ed Code 48900 & 48900.5 - Teachers Suspend Pupils from Class

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In order for teachers to maintain safe learning environments, this part of the Ed Code is very important to remember.

Ed Code 48900  A teacher may suspend any pupil from his/her class, for any acts enumerated in section 48900, for the day of the suspension and the following day.  The teacher shall immediately report the suspension to the principal and send the pupil to the principal for appropriate action.  As soon as possible, the teacher shall ask the parent or guardian for a conference regarding the suspension.  Whenever practicable, a counselor or psychologist shall attend the conference, and an administrator shall attend if requested by the teacher, parent or guardian.  The pupil shall not be returned to the class from which the pupil was suspended without the concurrence of the teacher and principal (48910) A teacher may also refer a pupil to the principal for consideration of a suspension for any of the acts enumerated in section 48900 (48910)

48900.5 Suspension; restrictions on imposition; exception  Suspension shall be imposed only when other means of correction fail to bring proper conduct.  However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended for any of the reasons enumerated in section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d) or (e) of Section 48900 or that the pupil's presence causes a danger to persons or property or threatens to disrupt the instructional process.

48900 (a)
(1) Caused, attempted to cause, or threatened to cause physical injury to another person.
(2) Willfully used force or violence upon the person of another except in self defense.