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Landmark Middle School

School Policies » Rules & Regulations

Rules & Regulations

Rules & Regulations
The Board of Education prescribes discipline consistent with California and State Board of Education regulations. Each principal ensures that all rules pertaining to discipline are communicated to students at the beginning of each school year. Transfer students are to receive this information when they enroll. School site discipline rules are established by school committees with specific membership assigned to these committees. These discipline rules and membership are filed with the Board. Discipline procedures are printed in each site handbook. (EC 35291and 48900.1)


Students may be suspended or recommended for expulsion when the Superintendent or designee, principal, or principal’s designee of the school in which the student is enrolled determines that the student has committed any of the following violations: (EC 48900)

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

(b) 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 student had obtained written permission to possess the item from a certificated school employee, with the principal or designee’s concurrence.

(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of any controlled substance as defined in the Health and Safety Code 11053 et seq., alcoholic beverage, or an intoxicant of any kind. (cf. 5131.6)

(d) Unlawfully offered or arranged or negotiated to sell any controlled substance as defined in Health and Safety Code 11053 et seq., alcoholic beverage, or intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented same as a controlled substance, alcoholic beverage, or intoxicant (placebo).

(e) Committed or attempted to commit robbery or extortion.

(f) Caused or attempted to cause damage to school property or private property.

(g) Stole or attempted to steal school property or private property.

(h) Possessed or used tobacco, or any products containing tobacco or nicotine products including, but not limited to cigarettes, cigars, miniature cigars, clove
cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a student of his or her own prescription products.

(i) Committed an obscene act or engaged in habitual profanity or vulgarity.

(j) Unlawfully possessed, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in 11014.5 of the Health and Safety Code.

(k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

(l) Knowingly received stolen school property or private property.

(m) Possession of an imitation firearm. “Imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.

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

(o) Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness, or both.

(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

(q) Engaged in, or attempted to engage in, hazing as defined in subdivision (b) of Section 245.6 of the Penal Code. (initiation or pre-initiation)

(r) A student may be suspended or expelled for any of the acts enumerated unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the Superintendent or principal or occurring within any other school district. A student may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to any of the following:

1. While on school grounds.

2. While going to or coming from school.

3. During the lunch period, whether on or off the school campus.

4. During or while going to or coming from a school-sponsored activity.

We would like to advise you that it is the policy of the Board of Education that a
suspended student:

1. Shall complete any assignments and tests missed during the suspension if required by teacher(s).

2. Shall have the right to request an appeal hearing.

3. Shall have the right to have access to his or her records.

4. Shall not be allowed to loiter on or around any school grounds.

5. Shall not be allowed to participate in any school activities.

(s) A student who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may suffer suspension, but not expulsion, pursuant to the provision of this section, except that a student who has been adjudged by a juvenile court to have committed, as an aider or and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).

(t) “School property” includes, but is not limited to, electronic files and databases.

(u) A Superintendent or principal may use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a student subject to discipline under this section.

(v) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed on any student who is truant, tardy, or otherwise absent from school activities.

48900.2 & 212.5- Sexual harassment as defined in Education Code 212.5, provided that the conduct is considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the victim’s academic performance or to create an intimidating, hostile or offensive educational environment. This ground for suspension/expulsion shall not apply to students enrolled in kindergarten or grades one 1 through 3 three.

48900.3- Students in grades 4-12 that have used force or the threat of force to intimidate or injure a person or person’s property because of that person’s race/ethnicity, color, ancestry, religion, national origin, disability, gender, or sexual orientation.

48900.4- Harassment, Threats or Intimidation Students in grades 4-12 who intentionally engage in harassment, threats or intimidation, directed against school
district personnel or students that 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 students by creating an intimidating or hostile educational environment may be suspended from school or recommended for expulsion.

48900.5- Limitations on Imposing Suspension
Suspension shall be imposed only when other means of correction fail to bring about 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’s presence causes a danger to persons or property or threatens to disrupt the instructional process.

48900.7- Terroristic Threats
(a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, 48900.4, a student may be suspended from school or recommended for
expulsion if the Superintendent or principal of the school in which the student is enrolled determines that the student has made terroristic threats against
school officials or school property, or both.

(b) For the purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of $1,000, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonable cause to be in sustained fear for his/her own safety or for his/her immediate family’s safety, or for the protection of school district property, or the personal property of the person threatened or his/her immediate family. (Added Stats. 1997, Ch. 405, Sec. 1)