Suspension and Expulsion Procedures
(Preliminary Renewal Petition language for submission for charter renewal 2021 - 2026)

“The procedures by which pupils can be suspended or expelled.” (Ed. Code § 47605(b)(5)(J).)


School Climate and Student Discipline System


School Climate Bill of Rights

  • Encore understands that student achievement begins with keeping students in a safe classroom and healthy environment conducive to learning and free from disruption; and is committed to closing the achievement gap by providing access to all students a vigorous education that ensures all students will graduate college prepared and career ready.

  • Encore continues improving discipline policies with the adoption of the Discipline Policies and the annual student / parent handbook that establishes a consistent framework for implementing and developing a culture of discipline grounded in positive behavior interventions and away from punitive approaches that infringe on instruction time.

  • Encore’s Discipline Policy is an appropriate prevention and intervention approach within the tiered intervention process and because it seeks accountability through understanding the impact of school discipline incidents and repairing the harm caused through a shared decision-making process which addresses root causes to prevent future harm and supports the healing of all parties.

  • Encore’s Discipline and Expulsion policy has been successful due to the low expulsion rate and provides educational and support services as well as facilitates the reinstatement process for all expelled students.

  • Encore’s Discipline policy procedures imply that suspension, including supervised suspension, should be utilized for adjustment purposes only when other means of correction have failed to bring about proper conduct and/or safety is at risk, as well as, provides alternatives to suspension that are age appropriate and designed to address and correct the student’s specific misconduct.

  • Students have the right to safe school environments that minimize the involvement of law enforcement, probation and the juvenile and criminal justice system, to the greatest extent possible.

  • Encore shall review and evaluate all current school discipline policies, practices and training relating to the equitable treatment of students.

  • The majority of student conduct shall be handled administratively utilizing school-based interventions that are intended to maximize student engagement in the classroom and school setting.

  • To ensure that students and parents understand and have notice of their existing right pursuant to suspension policy and state and federal law, to appeal their suspensions, when suspension notifications are issued to parents/guardians, this notification will include clear information on the steps and timeline to initiate a suspension appeal.

  • All students have the right to healthy school environments that support students in all aspects of their health and well-being.

  • The Executive team within the Encore organization will provide monthly discipline reports to the Encore School Board and will offer action plans to work on improving discipline on their respective campuses.


Schoolwide positive behavior support


Encore employs a variety of positive behavior supports:

  • Awesome Tags – When students are caught doing something right, they are rewarded with an awesome tag. Awesome tags can be saved up to purchase items from the main office and the student store.

  • Student of the Month – Each month teachers nominate students that have shown improvement in their classes.

  • Scotty Awards – At the end of each school year, students take part in an awards ceremony where a variety of awards are given

  • Students are given awards for attendance

  • Students are given awards for academic achievement

  • Students that are able to avoid behavior issues are given awards for behavior improvement

Tiered behavior intervention


Encore employs a demerit system for intervention.

 

  • Students acquire demerits throughout a semester

  • Demerits are cumulative and help students avoid instant detention, suspension, or Saturday school

SUSPENSION AND EXPULSION PROCEDURES


Governing Law: The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason.

 

These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following:

  • (i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story.

  • (ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following:

  • (I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights.

  • (II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate.

  • (iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five school days before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian or, if the pupil is a foster child or youth or a homeless child or youth, the pupil’s educational rights holder, and shall inform the pupil, the pupil’s parent or guardian, or the pupil’s educational rights holder of the right to initiate the procedures specified in clause

  • (ii) before the effective date of the action. If the pupil’s parent, guardian, or educational rights holder initiates the procedures specified in clause

  • (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). Education Code Section 47605(c)(5)(J).


Students that are facing dismissal for disciplinary, attendance, or academic reasons have due process that gives parents of the students and the students the opportunity to receive notice and be heard prior to implementation and to appeal disciplinary actions.

SUSPENSION/EXPULSION POLICY AND PROCEDURES


This Pupil Suspension and Expulsion Policy has been established in order to promote learning and protect the safety and well-being of all students at Encore. In creating this policy, Encore has reviewed Education Code Section 48900 et seq. which describes the non-charter schools’ list of offenses and procedures to establish its list of offenses and procedures for suspensions and expulsions. The language that follows closely mirrors the language of Education Code Section 48900 et seq. Encore is committed to annual review of policies and procedures surrounding suspensions and expulsions and, as necessary, modification of the lists of offenses for which students are subject to suspension or expulsion.


When the Policy is violated, it may be necessary to suspend or expel a student from regular classroom instruction. This policy shall serve as Encore’s policy and procedures for student suspension and expulsion and it may be amended from time to time without the need to amend the charter so long as the amendments comport with legal requirements. Charter School staff shall enforce disciplinary rules and procedures fairly and consistently among all students. This Policy and its Procedures will be printed and distributed as part of the Student Handbook and will clearly describe discipline expectations. Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of or willfully causing the infliction of physical pain on a student. For purposes of the Policy, corporal punishment does not include an employee’s use of force that is reasonable and necessary to protect the employee, students, staff or other persons or to prevent damage to school property.


Encore administration shall ensure that students and their parents/guardians are notified in writing upon enrollment of all discipline and involuntary removal policies and procedures. The notice shall state that this Policy and Procedures are available on request at the Main office and on the encoreedcorp.com website.


Suspended or expelled students shall be excluded from all school and school-related activities unless otherwise agreed during the period of suspension or expulsion.


A student identified as an individual with disabilities or for whom the Charter School has a basis of knowledge of a suspected disability pursuant to the Individuals with Disabilities Education Improvement Act of 2004 (“IDEA”) or who is qualified for services under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) is subject to the same grounds for suspension and expulsion and is accorded the same due process procedures applicable to general education students except when federal and state law mandates additional or different procedures. The Charter School will follow all applicable federal and state laws including but not limited to the California Education Code, when imposing any form of discipline on a student identified as an individual with disabilities or for whom the Charter School has a basis of knowledge of a suspected disability or who is otherwise qualified for such services or protections in according due process to such students.

 

No student shall be involuntarily removed by the Charter School for any reason unless the parent or guardian of the student has been provided written notice of intent to remove the student no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the student or the student’s parent or guardian or, if the student is a foster child or youth or a homeless child or youth, the student’s educational rights holder, and shall inform him or her of the basis for which the pupil is being involuntarily removed and his or her right to request a hearing to challenge the involuntary removal. If a parent, guardian, or educational rights holder requests a hearing, the Charter School shall utilize the same hearing procedures specified below for expulsions, before the effective date of the action to involuntarily remove the student. If the student’s parent, guardian, or educational rights holder requests a hearing, the student shall remain enrolled and shall not be removed until the Charter School issues a final decision. As used herein, “involuntarily removed” includes dis-enrolled, dismissed, transferred, or terminated, but does not include removals for misconduct which may be grounds for suspension or expulsion as enumerated below.

 

In accordance with Education Code Section 47606.2(a), upon the request of a parent, a legal guardian or other person holding the right to make education decisions for the pupil, or the affected pupil, a teacher shall provide to a pupil in any of grades 1 to 12, inclusive, who has been suspended from school for two or more schooldays, the homework that the pupil would otherwise have been assigned. In accordance with Education Code Section 47606.2(b), if a homework assignment that is requested pursuant to Section 47606.2(a) and turned into the teacher by the pupil either upon the pupil’s return to school from suspension or within the timeframe originally prescribed by the teacher, whichever is later, is not graded before the end of the academic term, that assignment shall not be included in the calculation of the pupil’s overall grade in the class.


EXPULSION


Authority to Expel


As required by Education Code Section 47605(b)(5)(J)(ii), students recommended for expulsion are entitled to a hearing adjudicated by a neutral officer to determine whether the student should be expelled. The procedures herein provide for such a hearing and the notice of said hearing, as required by law.


A student may be expelled either by the neutral and impartial Charter School Encore School Board following a hearing before it or by the Charter School Encore School Board upon the recommendation of a neutral and impartial Administrative Panel, to be assigned by the Encore School Board as needed. The Administrative Panel shall consist of at least three members who are certificated and neither a teacher of the pupil nor a member of the Charter School Encore School Board. Each entity shall be presided over by a designated neutral hearing chairperson. The Administrative Panel may recommend expulsion of any student found to have committed an expellable offense, and the Encore School Board shall make the final determination.


Expulsion Procedures
Students recommended for expulsion are entitled to a hearing to determine whether they should be expelled. Unless postponed for good cause, the hearing will be held within thirty (30) days after Administration determines that an act warranting expulsion has occurred. If all parties agree to the expulsion, the hearing can be waived.


In the event an Administrative Panel hears the case, it will make a recommendation to the Board for a final decision whether to expel. The hearing shall be held in closed session (complying with all pupil confidentiality rules under FERPA) unless the pupil makes a written request for a public hearing in open session three (3) days prior to the date of the scheduled hearing.

Written notice of the hearing will be sent to the student’s parent or guardian at least ten (10) calendar days prior to the date of the hearing unless the grace period is waived by the parent. The notice shall include:
- Date and place of hearing
- Statement specifying the facts, charges and offenses upon which the proposed expulsion is based.
- Copy of the School’s disciplinary rules as it relates to the alleged violation.
- Statement that the student and/or student’s parent or guardian may appear in person at the hearing or to employ and be represented by counsel or a non-attorney advisor.
- The right to inspect and obtain copies of all documents to be used at the hearing.
- The opportunity to confront and question all witnesses who testify at the hearing.
- The opportunity to question all evidence presented and to present oral and documentary evidence on the student’s behalf including witnesses.


Special Procedures for Expulsion Hearings Involving Sexual Assault or Battery Offenses


The Charter School may, upon a finding of good cause, determine that the disclosure of either the identity of the witness or the testimony of that witness at the hearing, or both, would subject the witness to an unreasonable risk of psychological or physical harm. Upon this determination, the testimony of the witness may be presented at the hearing in the form of sworn declarations that shall be examined only by the Charter School or the hearing officer. Copies of these sworn declarations, edited to delete the name and identity of the witness, shall be made available to the pupil.


1. The complaining witness in any sexual assault or battery case must be provided with a copy of the applicable disciplinary rules and advised of his/her right to (a) receive five days’ notice of his/her scheduled testimony, (b) have up to two (2) adult support persons of his/her choosing present in the hearing at the time he/she testifies, which may include a parent, guardian, or legal counsel, and (c) elect to have the hearing closed while testifying.
2. The Charter School must also provide the victim a room separate from the hearing room for the complaining witness’ use prior to and during breaks in testimony.
3. At the discretion of the entity conducting the expulsion hearing, the complaining witness shall be allowed periods of relief from examination and cross-examination during which he or she may leave the hearing room.
4. The entity conducting the expulsion hearing may also arrange the seating within the hearing room to facilitate a less intimidating environment for the complaining witness.
5. The entity conducting the expulsion hearing may also limit time for taking the testimony of the complaining witness to the hours he/she is normally in school, if there is no good cause to take the testimony during other hours.
6. Prior to a complaining witness testifying, the support persons must be admonished that the hearing is confidential. Nothing in the law precludes the entity presiding over the hearing from removing a support person whom the presiding person finds is disrupting the hearing. The entity conducting the hearing may permit any one of the support persons for the complaining witness to accompany him or her to the witness stand.
7. If one or both of the support persons is also a witness, the Charter School must present evidence that the witness’ presence is both desired by the witness and will be helpful to the Charter School. The entity presiding over the hearing shall permit the witness to stay unless it is established that there is a substantial risk that the testimony of the complaining witness would be influenced by the support person, in which case the presiding official shall admonish the support person or persons not to prompt, sway, or influence the witness in any way. Nothing shall preclude the presiding officer from exercising his or her discretion to remove a person from the hearing whom he or she believes is prompting, swaying, or influencing the witness.
8. The testimony of the support person shall be presented before the testimony of the complaining witness and the complaining witness shall be excluded from the courtroom during that testimony.
9. Especially for charges involving sexual assault or battery, if the hearing is to be conducted in public at the request of the pupil being expelled, the complaining witness shall have the right to have his/her testimony heard in a closed session when testifying at a public meeting would threaten serious psychological harm to the complaining witness and there are no alternative procedures to avoid the threatened harm. The alternative procedures may include videotaped depositions or contemporaneous examination in another place communicated to the hearing room by means of closed-circuit television.
10. Evidence of specific instances of a complaining witness’ prior sexual conduct is presumed inadmissible and shall not be heard absent a determination by the entity conducting the hearing that extraordinary circumstances exist requiring the evidence be heard. Before such a determination regarding extraordinary circumstance can be made, the witness shall be provided notice and an opportunity to present opposition to the introduction of the evidence. In the hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented by a parent, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of the complaining witness is not admissible for any purpose.


Record of Hearing
A record of the hearing shall be made and may be maintained by any means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made.

Presentation of Evidence
While technical rules of evidence do not apply to expulsion hearings, evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. A recommendation by the Administrative Panel to expel must be supported by substantial evidence that the student committed an expellable offense. Findings of fact shall be based solely on the evidence at the hearing. While hearsay evidence is admissible, no decision to expel shall be based solely on hearsay. Sworn declarations may be admitted as testimony from witnesses of whom the Board or Administrative Panel determines that disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.


If, due to a written request by the expelled pupil, the hearing is held at a public meeting, and the charge is committing or attempting to commit a sexual assault or committing a sexual battery as defined in Education Code Section 48900, a complaining witness shall have the right to have his or her testimony heard in a session closed to the public.


The decision of the Administrative Panel shall be in the form of written findings of fact and a written recommendation to the Encore School Board, which will make a final determination regarding the expulsion. The final decision by the Encore School Board shall be made within ten (10) school days following the conclusion of the hearing. The decision of the Encore School Board is final.


If the Administrative Panel decides not to recommend expulsion, the pupil shall immediately be returned to his/her educational program.


Written Notice to Expel
While technical rules of evidence do not apply to expulsion hearings, evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. A recommendation by the Administrative Panel to expel must be supported by substantial evidence that the student committed an expellable offense. Findings of fact shall be based solely on the evidence at the hearing. While hearsay evidence is admissible, no decision to expel shall be based solely on hearsay. Sworn declarations may be admitted as testimony from witnesses of whom the Board or Administrative Panel determines that disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm.


If, due to a written request by the expelled pupil, the hearing is held at a public meeting, and the charge is committing or attempting to commit a sexual assault or committing a sexual battery as defined in Education Code Section 48900, a complaining witness shall have the right to have his or her testimony heard in a session closed to the public.


The decision of the Administrative Panel shall be in the form of written findings of fact and a written recommendation to the Encore School Board, which will make a final determination regarding the expulsion. The final decision by the Encore School Board shall be made within ten (10) school days following the conclusion of the hearing. The decision of the Encore School Board is final.


If the Administrative Panel decides not to recommend expulsion, the pupil shall immediately be returned to his/her educational program.

Disciplinary Records
Encore shall maintain records of all student suspensions and expulsions at the Charter School. Such records shall be made available to the authorizer upon request.


EHS is a safe school. All dangerous behavior will be investigated and may result in immediate suspension and/or expulsion. All criminal behavior will be immediately reported to local law authorities.


SUSPENSION


Due Process.


- Behavioral Intervention
If a student violates School policies enumerated in the School handbook that are not specified in the Education Code as grounds for suspension or expulsion, a conference will be held between administrative staff, the student and the parents/guardians. The student shall be informed of the reason for the disciplinary action and the evidence against him or her and shall be given the opportunity to present his or her version and evidence in his or her defense. A behavior contract will then be designed and signed by all parties present in which the student pledges to complete specified tasks or uphold specified codes of behavior within a given time frame. If this behavior contract is broken by the student, another conference will be scheduled from which dismissal or suspension is a possible outcome.


- Conference
Suspension shall be preceded by a conference conducted by the administrative staff, with the student and his/her parent/guardian. The pupil shall be informed of the reason for the disciplinary action and the evidence against him or her and shall be given the opportunity to present his or her version and evidence in his or her defense in accordance with Education Code Section 47605(b)(5)(J)(i). The conference may be omitted if the administrative staff determines that an emergency situation exists. An “Emergency situation” involves a clear and present danger to the lives, safety or health of students or School personnel. If the student is suspended without conference, the parent/guardian shall be notified of the suspension and a conference will be requested as soon as possible.


- Notice to Parents/Guardians
At the time of suspension, a School employee shall make a reasonable effort to contact the parent/guardian by telephone or in person to be followed up with a written notification. This notice will state the specific offense committed by the student. In addition, the notice may also state the date and time the student may return to school. If the School officials wish to ask the parent/guardian to confer regarding matters pertinent to the suspension, the notice may note that the parents/guardians are required to respond to this request within three business days following suspension and that violation of School rules can result in expulsion from School.

-Length of Suspension
The length of suspension for students may not exceed a period of 5 consecutive days without first scheduling a second conference between administrators and parents/guardians to discuss the progress of the suspension upon the completion of the 5th day of suspension. In such instances when Encore has determined a suspension period shall be extended, such extension shall be made only after a conference is held with the pupil or the pupil’s parents, unless the pupil and the pupil’s parents fail to attend the conference. All arrangements will be made to provide the student with supplied curriculum packets to be completed at home during the length of suspension. ANY STUDENT SUSPENDED FOR ANY REASON WILL BE SUSPENDED FROM ALL PERFORMANCE AND/OR ART SHOWS FOR THE PERIOD OF 30 DAYS FOLLOWING THEIR SUSPENSION.


Procedures


A. Grounds for Suspension and Expulsion of Students


A student may be suspended or expelled for prohibited misconduct if the act is related to school activity or school attendance occurring at any time including but not limited to: a) while on school grounds; b) while going to or coming from school; c) during the lunch period, whether on or off the school campus; d) during, going to, or coming from a school-sponsored activity.


B. Enumerated Offenses

Discretionary Suspension Offenses. Students may be suspended for any of the following acts when it is determined the pupil:

  1. Caused, attempted to cause, or threatened to cause physical injury to another person.

  2. Willfully used force or violence upon the person of another, except self-defense.

  3. Unlawfully possessed, used, or otherwise furnished, or was under the influence of any controlled substance, as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage, or intoxicant of any kind.

  4. Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid substance or material and represented same as controlled substance, alcoholic beverage or intoxicant.

  5. Committed or attempted to commit robbery or extortion.

  6. Caused or attempted to cause damage to school property or private property, which includes but is not limited to, electronic files and databases.

  7. Stole or attempted to steal school property or private property, which includes but is not limited to, electronic files and databases.

  8. Possessed or used tobacco or products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. This section does not prohibit the use of his or her own prescription products by a pupil.

  9. Committed an obscene act or engaged in habitual profanity or vulgarity.

  10. Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code Section 11014.5.

  11. Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, other school officials, or other school personnel engaged in the performance of their duties. This section shall apply to pupils in any grades 9 to 12, inclusive.

  12. Knowingly received stolen school property or private property, which includes but is not limited to, electronic files and databases.

  13. Possessed an imitation firearm, i.e.: 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.

  14. 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.

  15. Unlawfully offered, arranged to sell, negotiated to sell, or sold prescription drugs.

  16. Engaged in, or attempted to engage in hazing. For the purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this section, “hazing” does not include athletic events or school-sanctioned events.

  17. Made terroristic threats against school officials and/or school property, which includes but is not limited to, electronic files and databases. For 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 one thousand dollars ($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 reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school property, which includes but is not limited to, electronic files and databases, or the personal property of the person threatened or his or her immediate family.

  18. Committed sexual harassment, as defined in Education Code Section 212.5. For the purposes of this section, the conduct described in Section 212.5 must be 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 individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall apply to pupils in any of grades 4 to 12, inclusive.

  19. Caused, attempted to cause, threatened to cause or participated in an act of hate violence, as defined in subdivision (e) of Section 233 of the Education Code. This section shall apply to pupils in any of grades 4 to 12, inclusive.Intentionally harassed, threatened or intimidated school personnel or volunteers and/or a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading the rights of either school personnel or volunteers and/or student(s) by creating an intimidating or hostile educational environment. This section shall apply to pupils in any of grades 4 to 12, inclusive.

  20. Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act.
    1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a student or group of students which would be deemed hate violence or harassment, threats, or intimidation, which are directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:
    i. Placing a reasonable student (defined as a student, including, but is not limited to, a student with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with exceptional needs) or students in fear of harm to that student’s or those students’ person or property.
    ii. Causing a reasonable student to experience a substantially detrimental effect on his or her physical or mental health.
    iii. Causing a reasonable student to experience substantial interference with his or her academic performance.
    iv. Causing a reasonable student to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by the Charter School.
    2) “Electronic Act” means the creation or transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
    i. A message, text, sound, video, or image.
    ii. A post on a social network Internet Web site including, but not limited to:
    (a) Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in subparagraph (1) above.
    (b) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in subparagraph (1) above. “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
    (c) Creating a false profile for the purpose of having one or more of the effects listed in subparagraph (1) above. “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.

  21. An act of cyber sexual bullying. For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (i) to (iv), inclusive, of paragraph (1). A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
    (b) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
    3) Notwithstanding subparagraphs (1) and (2) above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.

  22. A pupil 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 be subject to suspension, but not expulsion, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider 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 (1)(a)-(b).

  23. Possessed, sold, or otherwise furnished any knife 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 CEO or designee’s concurrence.

Non-Discretionary Suspension Offenses: Students must be suspended and recommended for expulsion for any of the following acts when it is determined the pupil:

 

a) Possessed, sold, or otherwise furnished any firearm, 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 CEO or designee’s concurrence.


b) Brandishing a knife at another person.


c) Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053, et seq.


d) Committing or attempting to commit a sexual assault or committing a sexual battery as defined in Education Code Section 48900(n).


Discretionary Expellable Offenses: Students may be recommended for expulsion for any of the following acts when it is determined the pupil:


b) Caused, attempted to cause, or threatened to cause physical injury to another person.Willfully used force or violence upon the person of another, except self-defense.


d) Unlawfully possessed, used, or otherwise furnished, or was under the influence of any controlled substance, as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage, or intoxicant of any kind.


e) Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid substance or material and represented same as controlled substance, alcoholic beverage or intoxicant.


f) Committed or attempted to commit robbery or extortion.


g) Caused or attempted to cause damage to school property or private property, which includes but is not limited to, electronic files and databases.


h) Stole or attempted to steal school property or private property, which includes but is not limited to, electronic files and databases.


i) Possessed or used tobacco or products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. This section does not prohibit the use of his or her own prescription products by a pupil.


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


k) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code Section 11014.5.


l) Knowingly received stolen school property or private property, which includes but is not limited to, electronic files and databases.


m) Possessed an imitation firearm, i.e.: 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) 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.


o) Unlawfully offered, arranged to sell, negotiated to sell, or sold prescription drugs.


p) Engaged in, or attempted to engage in hazing. For the purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this section, “hazing” does not include athletic events or school-sanctioned events.


q) Made terroristic threats against school officials and/or school property, which includes but is not limited to, electronic files and databases. For 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 one thousand dollars ($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 reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school property, which includes but is not limited to, electronic files and databases, or the personal property of the person threatened or his or her immediate family.


r) Committed sexual harassment, as defined in Education Code Section 212.5. For the purposes of this section, the conduct described in Section 212.5 must be 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 individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall apply to pupils in any of grades 4 to 12, inclusive.


s) Caused, attempted to cause, threatened to cause or participated in an act of hate violence, as defined in subdivision (e) of Section 233 of the Education Code. This section shall apply to pupils in any of grades 4 to 12, inclusive.


t) Intentionally harassed, threatened or intimidated school personnel or volunteers and/or a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading the rights of either school personnel or volunteers and/or student(s) by creating an intimidating or hostile educational environment. This section shall apply to pupils in any of grades 4 to 12, inclusive.


u) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act.

  • “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a student or group of students which would be deemed hate violence or harassment, threats, or intimidation, which are directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following:

  • i. Placing a reasonable student (defined as a student, including, but is not limited to, a student with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with exceptional needs) or students in fear of harm to that student’s or those students’ person or property.

  • ii. Causing a reasonable student to experience a substantially detrimental effect on his or her physical or mental health.

  • iii. Causing a reasonable student to experience substantial interference with his or her academic performance.

  • iv. Causing a reasonable student to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by the Charter School.

  • 2) “Electronic Act” means the creation or transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:

  • i. A message, text, sound, video, or image.

  • ii. A post on a social network Internet Web site including, but not limited to:

  • (a) Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in subparagraph (1) above.

  • (b) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in subparagraph (1) above. “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.

  • (c) Creating a false profile for the purpose of having one or more of the effects listed in subparagraph (1) above. “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.

  • iii. An act of cyber sexual bullying.

  • (a) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (i) to (iv), inclusive, of paragraph (1). A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.

  • (b) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.

  • 3. Notwithstanding subparagraphs (1) and (2) above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.

  • v) A pupil 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 be subject to suspension, but not expulsion, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider 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 (3)(a)-(b).

w) Possessed, sold, or otherwise furnished any knife 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 CEO or designee’s concurrence.


Non-Discretionary Expellable Offenses: Students must be recommended for expulsion for any of the following acts when it is determined pursuant to the procedures below that the pupil:

  1. Possessed, sold, or otherwise furnished any firearm, 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 CEO or designee’s concurrence.

  2. Brandishing a knife at another person.

  3. Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053, et seq.

  4. Committing or attempting to commit a sexual assault or committing a sexual battery as defined in Education Code Section 48900(n)

If it is determined by the Administrative Panel and/or Encore School Board that a student has brought a firearm or destructive device, as defined in Section 921 of Title 18 of the United States Code, on to campus or to have possessed a firearm or dangerous device on campus, the student shall be expelled for one year, pursuant to the Federal Gun Free Schools Act of 1994. In such instances, the pupil shall be provided due process rights of notice and a hearing as required in this policy.


The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.


The term “destructive device” means (A) any explosive, incendiary, or poison gas, including but not limited to: (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses.


In the event that any of these infractions lead a student to suspension or expulsion, the administration of Encore High School will notify the parents immediately of the infraction and will arrange a parent student conference with administration to discuss the infraction and consequences of the act.


If a student receives more than a total of fifteen suspension days within a single school year, they will be dismissed from EHS for behavioral issues.


EHS will collect and produce data regarding the suspension and expulsion of special education students as required by the Modified Consent Decree. EHS will adhere to all provisions of the IDEA and its amendments.


The decision to admit a previously expelled pupil from another school district or charter school shall be in the sole discretion of the EHS administration to determine whether the student has successfully completed the rehabilitation plan designated by the school / district that expelled the pupil and to determine whether the student poses a threat to others or will be disruptive to the school environment. The student’s readmission is also contingent upon the capacity of EHS at the time the student seeks readmission or admission. All previously expelled students will be required to complete all admissions requirements

RIGHT OF APPEAL FOR SUSPENSIONS AND EXPULSIONS


Parents and students will have the right to appeal a decision for suspension or expulsion by administration. If a student or parent wishes to appeal the decision to suspend or expel, they must submit a formal letter of appeal to the Encore Education Corporation Encore School Board within seven business days of the Administration’s formal decision.


Upon receipt of the appeal, the Encore Education Corporation Encore School Board will have ten business days to review the case and give their recommendations regarding the specific suspension or expulsion. The Encore Education Corporation will arrange for an appeal hearing during closed session at the next regularly scheduled board meeting. Encore Administration will be required to uphold the final recommendations by the Encore Education Corporation Encore School Board.


The Suspension and Expulsion policy will be reviewed annually and when necessary,  modified.


No Right to Additional Appeal
The pupil shall have no right of appeal from expulsion from Encore as Encore Education Corporation Encore School Board’ decision to expel shall be final.


Expelled Pupils/Alternative Education


Parents/guardians of pupils who are expelled shall be responsible for seeking alternative education programs including, but not limited to, programs within the County or their school district of residence. Encore shall work cooperatively with parents/guardians as requested by parents/guardians or by the school district of residence to assist with locating alternative placements during expulsion.


Rehabilitation Plans


Students who are expelled from Encore shall be given a rehabilitation plan upon expulsion as developed by the Board at the time of the expulsion order, which may include, but is not limited to, periodic review as well as assessment at the time of review for readmission. The rehabilitation plan should include a date not later than one year from the date of expulsion when the pupil may reapply to Encore for readmission.


Readmission


The decision to readmit a pupil or to admit a previously expelled pupil from another school district or charter school shall be in the sole discretion of the Board following a meeting with the Dean of Students or designee and the pupil and parent/guardian or representative to determine whether the pupil has successfully completed the rehabilitation plan and to determine whether the pupil poses a threat to others or will be disruptive to the school environment. The Dean of Students or designee shall make a recommendation to the Board following the meeting regarding his or her determination. The Board shall then make a final decision regarding readmission during the closed session of a public meeting, reporting out any action taken during closed session consistent with the requirements of the Brown Act. The pupil’s readmission is also contingent upon Encore’s capacity at the time the student seeks readmission.

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Call

Office: 760-949-2036

Hesperia: 760-956-2632 

Ex

16955 Lemon Street

Hesperia, CA 92345

Established 08/08/08

© 2020 Encore Education Corporation

Encore Education Corporation does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender identity or expression, age, national origin (ancestry), ethnic group identification, mental and physical disability, marital or parental status, sex, sexual orientation, or military status, or genetic information in any of its activities or operations. The perception of one or more of such characteristics: or association with a person or group with one or more of these actual or perceived characteristics. Encore Education Corporation is an equal opportunity employer.