ZERO TOLERANCE POLICY/THREE STRIKES K-12 31 ZERO TOLERANCE: (GCS 2010-11-11-03, GCS 2010-11-12-04, GCS 2010-11-02-05) May 5, 2009, the governing board of The Guidance Charter School approved an amendment to students Zero tolerance policy to read: Although the term zero tolerance does not appear in law, the Federal Gun-Free Schools Act of 1994 requires school districts across the United States to pass what came to be labeled zero tolerance policies for firearms in order to remain eligible for funds. The Act requires one calendar year of expulsion for any student bringing a firearm to school and referral of the student to law enforcement. The California Legislature amended Education Code (EC) Section 48915 to fulfill the federal mandate. California law also adds a requirement to the mandatory suspension and the recommendation for expulsion of students who: o Possess, sell, or otherwise furnish a firearm o Brandish a knife at another person o Sell a controlled substance o Commit or attempt to commit a sexual assault or sexual battery o Possess an explosive This section includes the requirement to refer a student with a firearm to law enforcement, and California EC Section 48915 requires the school’s governing board to refer students who commit the above acts to an alternative program of study that meets the standards listed within the section. The Guidance Charter School Board of Directors supports a zero tolerance approach to a serious offense. This means that the Guidance Charter School has the right to recommend a student for expulsion immediately, even if it is a first offense. This approach makes the removal of potentially dangerous students from the classroom a top priority. It ensures fair and equal treatment of all students and requires that all offenders be punished to the fullest extent allowed by law. Staff shall immediately report to the Executive Director or the Principal any incidence or offenses specified in law or Board policy as cause for suspension or expulsion. The Executive Director or Designee shall notify staff, students and parents/guardians about the Guidance Charter School’s zero tolerance policy and consequences which may result from the student offenses. He/she shall also ensure strict enforcement of this policy. Violations that fall in the Zero Tolerance Policy categories are as follows: (a) 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 pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or designee of the principal. (b) Unlawfully offered, arranged, or negotiated to sell any controlled substance listed in Chapter 2 (commencing with Section 11051) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. (c) 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. (d) Had unlawful possession of, or unlawfully offered, arrange, or negotiated to sell any drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
Student Handbook 2016-2017
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