Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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5131 BP Board Policy

Conduct

The Governing Board believes that all students have the right to be educated in a safe and positive learning environment free from disruptions. Students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with the school program while on school grounds, going to or coming from school, at school activities, or using district transportation. The Superintendent or designee shall ensure that each school develops standards of conduct and discipline consistent with Board policies and administrative regulations. Students and parents/guardians shall be notified of district and school rules related to conduct. Prohibited student conduct includes, but is not limited to: - Conduct that endangers students, staff, or others, including, but not limited to, physical violence, possession of a firearm or other weapon, and terrorist threats - Discrimination, harassment, intimidation, or bullying of students or staff, including sexual harassment, hate-motivated behavior, cyberbullying, hazing or initiation activity, extortion, or any other verbal, written, or physical conduct that causes or threatens to cause violence, bodily harm, or substantial disruption to the school program - Conduct that disrupts the orderly classroom or school environment - Willful defiance of staff's authority - Damage to or theft of property belonging to students, staff, or the district - Obscene acts or use of profane, vulgar, or abusive language - Possession, use, or being under the influence of tobacco, nicotine, vape, alcohol, or other prohibited substances - Possession or use of a laser pointer, unless for a valid instructional or other school-related purpose with prior permission of the principal or designee (Penal Code 417.27) - Use of a smartphone or other mobile communication device in an unauthorized manner - Plagiarism or dishonesty on school work or tests - Wearing of any attire that violates district or school dress codes, including gang-related apparel - Tardiness or unexcused absence from school - Failure to remain on school premises in accordance with school rules - Other conduct prohibited by Education Code 48900-48915-48915 Employees are expected to enforce standards of conduct and when they observe or receive a report of a violation of these standards, to appropriately intervene, or seek assistance. As necessary, the employee shall refer the matter to a supervisor or the principal or designee. When a school employee suspects that a search of a student or a student's belongings will turn up evidence of the student's violation of the law or school rules, such a search shall be conducted in accordance with Board Policy and Administrative Regulation 5145.12 - Search and Seizure. When a student uses any prohibited device, or uses a permitted device in an unauthorized manner, a district employee may confiscate the device. The employee shall store the device securely until it is returned to the student or turned over to the principal or designee, as appropriate. Students who violate district or school rules and regulations may be subject to discipline including, but not limited to, suspension, expulsion, transfer to alternative programs, referral to a student success team or counseling services, or denial of participation in extracurricular or cocurricular activities or other privileges in accordance with Board policy and administrative regulation. The Superintendent or designee shall notify local law enforcement as appropriate. Students also may be subject to discipline, in accordance with law, Board policy, or administrative regulation, for any off-campus conduct during nonschool hours which poses a threat or danger to the safety of students, staff, or district property, or substantially disrupts school activities.

Legal & Management References

State
5 CCR 300-307 - Duties of students
Civ. Code 1714.1 - Liability of parent/guardian for act of willful misconduct by a minor
Ed. Code 200-262.4 - Prohibition of discrimination
Ed. Code 32280-32289.5 - School safety plans
Ed. Code 35181 - Governing board authority to set policy on responsibilities of students
Ed. Code 44807 - Teachers' duty concerning conduct of students
Ed. Code 48900-48925 - Suspension and expulsion
Ed. Code 51512 - Prohibition against electronic listening or recording device in classroom without permission
Pen. Code 288.2 - Harmful matter with intent to seduce
Pen. Code 313 - Harmful matter
Pen. Code 417.25-417.27 - Laser scope or laser pointer
Pen. Code 647 - Use of camera or other instrument to invade person's privacy; misdemeanor
Pen. Code 653.2 - Electronic communication devices; threats to safety
Veh. Code 23123-23124 - Prohibitions against use of electronic devices while driving
Federal
20 USC 1681-1688 - Title IX of the Education Amendments of 1972; discrimination based on sex
Management Resources
Court Decision - Mahanoy Area School District v. B.L. (2021) 594 U.S. 180
Court Decision - Lavine v. Blaine School District (2001, 9th Cir.) 257 F.3d 981
Court Decision - New Jersey v. T.L.O. (1985) 469 U.S. 325
Court Decision - Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503
Court Decision - Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675
Court Decision - Emmett v. Kent School District No. 415 (2000) 92 F.Supp. 1088
Court Decision - J.C. v. Beverly Hills Unified School District (2010) 711 F.Supp.2d 1094
Court Decision - LaVine v. Blaine School District (2000, 9th Cir.) 257 F.3d 981
CSBA Publication - Cyberbullying: Policy Considerations for Boards, Policy Brief, July 2007
CSBA Publication - Providing a Safe, Nondiscriminatory School Environment for All Students, Policy Brief, April 2010
CSBA Publication - Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011
Website - CSBA District and County Office of Education Legal Services
Website - National School Safety Center
Website - Center for Safe and Responsible Internet Use
Website - California Department of Education, Safe Schools
Website - CSBA
Website - U.S. Department of Education

Cross References

1313 BP Civility
3516.2 AR Bomb Threats
5131.1 AR Bus Conduct
5131.2 AR Bullying
5131.62 AR Tobacco
5136 AR Gangs
5142 AR Safety
5144 AR Discipline
6163.4-E PDF(1) AR Student Use Of Technology