Bullying vs Teasing

 

 

 

California Education Code (Bullying) 

CALIFORNIA EDUCATION CODE: 

32261

• (d) It is the intent of the Legislature in enacting this chapter to encourage school districts, county offices of education, law\ enforcement agencies, and agencies serving youth to develop and\ implement interagency strategies, in service training programs, and activities that will improve school attendance and reduce school crime and violence, including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment.
• (e) It is the intent of the Legislature in enacting this chapter that the School/Law Enforcement Partnership shall not duplicate any existing gang or drug and alcohol abuse program currently provided for schools.
• (f) As used in this chapter, "bullying" means one or more acts by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4.
• (g) As used in this chapter, an "electronic act" means the transmission of a communication, including, but not limited to, a message, text, sound, or image by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer, or pager. 

48900

• (r) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.
• (s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:

1. While on school grounds.
2. While going to or coming from school.
3. During the lunch period whether on or off the campus.
4. During, or while going to or coming from, a school sponsored activity.

48900.2

 

In addition to the reasons specified in Section 48900, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil  is enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5.

 

For the purposes of this chapter, 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 not apply to pupils enrolled in kindergarten and grades 1 to 3, inclusive.

 

48900.3

 

In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Section 233.

48900.4

In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, maybe suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment.  

Morongo USD |  BP  5131  Students

Conduct  

Behavior is considered appropriate when students are diligent in study, neat and clean, careful with school property, and courteous and respectful towards their teachers, other staff, other students and volunteers.

Prohibited student conduct includes but is not limited to:

1. Behavior that endangers other students and/or staff
2. Behavior that disrupts the orderly classroom or school environment
3. Harassment of other students or staff, including bullying, intimidation, hazing, or any other verbal, written or physical conduct that causes or threatens to cause bodily harm or emotional suffering.
4. Damage to or theft of property belonging to the district, staff or other students
5. Possession, use or sale of alcohol, tobacco or other drugs
6. Except with prior consent for health reasons, use of electronic signaling devices is prohibited during school hours. (Education Code 48901.5) Students may possess electronic signaling devices including but not limited to pagers, beepers, and cellular/digital phones, except those devices with the capability to capture digital images and/or take photographs of any kind which are prohibited. If a school employee finds it necessary to confiscate a device, he/she may return it at the end of the class period or school day or keep it until the principal or designee has consulted with the students' parent/guardian. A student who violates this policy may be prohibited from possessing a personal electronic signaling device at school.
7. Possession or use of laser pointers, unless used for a valid instructional or other school-related purpose, including employment (Penal Code 417.27) Prior to bringing a laser pointer on school premises, students shall first obtain permission from the principal or designee. The principal or designee shall determine whether the requested use of the laser pointer is for a valid instructional or other school-related purpose.
8. Profane, vulgar or abusive language
9. Plagiarism or dishonesty in school work or on tests
10. Inappropriate dress
11. Tardiness and unexcused absence from school
12. Failure to remain on school premises in accordance with school rules

The Superintendent or designee shall ensure that each school site develops standards of conduct and discipline consistent with district rules and regulations. Students shall receive regular instruction regarding district and school rules and regulations related to conduct. Students who violate these rules and regulations may be subject to discipline including but not limited to suspension, expulsion or transfer to alternative programs.