Education Code 48915(c) requires mandatory expulsion for the following:
Act must be committed at school or school activity.
Firearm Possessing firearm when a district employee verified firearm possession and when student did not have prior written permission from a certificated employee which is concurred with by the principal or designee.
Selling or otherwise furnishing a firearm.
Brandishing a knife at another person.
Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053 et. seq.
Committing or attempting to commit a sexual assault as defined in subdivision (n) of EC 48900 or committing sexual battery as defined in subdivision (n) of 48900.
Possession of an explosive.
Ed Code Section 48915(C)(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code
Staff is suggesting a change in policy from mandatory expulsion as required by law, to suspension or alternative to suspension.
The proposed changes violate Ed Code Section 48915(C)(3) and should not be approved by Trustees.
Although California law, mandates a "Zero Tolerance Policy" for specific on campus violations; the law is no longer being enforced in the Capistrano Unified School District, as evidenced by the lack of expulsions for the number of individuals committing these offenses.
Data for CUSD: CUSDWatch: Lax School Discipline Policies may be the cause of Increased Drug Activity, School Shootings and Violence on Campuses.