What is school discipline? 

School discipline is a broad topic that includes subjects such as detentions, suspensions, expulsions, and other loss of student privileges. 

 

What can my school suspend me for? 

Schools can suspend students if the behavior being punished is explicitly listed in the California Education Code. Suspendable student behavior must have occurred at school or be related to school activity. You can not be suspended for activity outside of school if it does not disrupt school activities. Generally, before a suspension, schools must attempt other forms of discipline, including parent conferences, counseling referrals, or after-school programs. Students cannot be suspended for absences. 

 

What are my rights if I am suspended? 

Students have the right to an informal pre-suspension conference with staff, in which they may explain and present evidence for their side of the story. When suspending a student, schools must send a written notice to the parents or guardians of the suspended student. Students cannot be suspended from more than 5 consecutive school days, or more than 20 school days in a school year. Students also have the right to appeal their school’s final suspension decision. 

 

What can my school expel me for? 

Schools have certain zero-tolerance behaviors which warrant expulsion:

• Selling or possessing firearms

• Threatening someone with a knife

• Selling a controlled substance, including drugs or alcohol

• Attempting or committing a sexual assault

• Possessing an explosive

• Inflicting serious bodily injury. 

Schools may expel you for other behavior if it is explicitly outlined in the Education code, and only if they have attempted previous preventative measures before resorting to an expulsion. 

 

What are my rights if I am expelled?

Students have the right to an expulsion hearing, at which they have the right to 

• Be present in person at said hearing

• Bring an attorney or advocate 

• Question witnesses provided by the school district

• Present their own evidence (oral or written) and witnesses 

• Neutral panelists who do not work at the student’s school 

After a hearing, students have the right to a written decision by the district board of education. If not expelled, the student has the right to return to school. The district cannot appeal such a decision. If expelled, students have the right to appeal the decision.

 

Can my school use corporal punishment? 

No. California schools are prohibited from using corporal punishments on students, as outlined in California Education Code 49001 Prohibition of Corporal Punishment: “No person employed by or engaged in a public school shall inflict, or cause to be inflicted corporal punishment upon a pupil.”

 

Can my school search through my phone? 

While schools do have the right to confiscate phones if students violate cell phone policy, they cannot search phones without explicit consent from the student, a warrant issued by a judge, or an emergency. The right to keep your phone– as well as other devices, including tablets and laptops– private is outlined in the California Electronic Communications Privacy Act (CalECPA).