a) Question: May a teacher suspend any pupil from class?
Advice: Yes, a teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the designee of the principal for appropriate action. If that action requires the continued presence of the pupil at the schoolsite, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a school psychologist may attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal.
A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended.
A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or the designee of the principal for consideration of a suspension from the school [MCS-MTA Contract; [Modesto City Schools Conduct Code & Information Handbook (español); Education Code 48910].
Note: Additionally, school administrators are prohibited from suspending students in grades Kindergarten-3 for willful defiance or disruption of school activities. The right of teachers to send students to the office for willful defiance remains intact. AB 420 does not amend Ed Code Section 48910, the section permitting student suspensions from class by teachers for any of the acts enumerated in Ed Code Section 48900, including willful defiance.
Disclaimer:This website is designed to present general information to MTA members; it should not be considered legal advice. While the publisher(s) will try to keep the information timely and accurate, there are no guarantees. The information made available is subject to change without notice. The user assumes the risk of verifying any materials used or relied upon.