CHAPTER 6. Pupil Rights and Responsibilities [48900. - 49056.]
Chapter 6 enacted by Stats. 1976, Ch. 1010.
§§ 48900–49056 · 112 sections
ARTICLE 1. Suspension or Expulsion §§ 48900–48927 · 57 sections
- § 48900 A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in…
- § 48900.1 (a) The governing board of each school district may adopt a policy authorizing teachers to require the parent or guardian of a pupil who has been suspended by…
- § 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…
- § 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…
- § 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, may be suspended from school or…
- § 48900.5 (a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about…
- § 48900.6 As part of or instead of disciplinary action prescribed by this article, the principal of a school, the principal’s designee, the superintendent of schools, or…
- § 48900.7 (a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from school or recommended for expulsion if…
- § 48900.8 For purposes of notification to parents, and for the reporting of expulsion or suspension offenses to the department, each school district shall specifically…
- § 48900.9 (a) The superintendent of a school district, the principal of a school, or the principal’s designee may refer a victim of, witness to, or other pupil affected…
- § 48901 (a) No school shall permit the smoking or use of a tobacco product by pupils of the school while the pupils are on campus, or while attending school-sponsored…
- § 48901.1 Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools: (a) (1) A pupil enrolled in a charter school in kindergarten…
- § 48901.5 (a) The governing board of each school district, or its designee, may regulate the possession or use of any electronic signaling device that operates through…
- § 48901.7 (a) The governing board of a school district, a county board of education, and the governing body of a charter school shall, no later than July 1, 2026,…
- § 48901.8 (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may adopt a policy to limit or…
- § 48902 (a) The principal of a school or the principal’s designee shall, before the suspension or expulsion of any pupil, notify the appropriate law enforcement…
- § 48903 (a) Except as provided in subdivision (g) of Section 48911 and in Section 48912, the total number of days for which a pupil may be suspended from school shall…
- § 48904 (a) (1) Notwithstanding Section 1714.1 of the Civil Code, the parent or guardian of any minor whose willful misconduct results in injury or death to any pupil…
- § 48904.3 (a) Upon receiving notice that a school district has withheld the grades, diploma, or transcripts of any pupil pursuant to Section 48904, any school district…
- § 48905 An employee of a school district whose person or property is injured or damaged by the willful misconduct of a pupil who attends school in such district, when…
- § 48906 When a principal or other school official releases a minor pupil to a peace officer for the purpose of removing the minor from the school premises, the school…
- § 48907 (a) Pupils of the public schools, including charter schools, shall have the right to exercise freedom of speech and of the press including, but not limited to,…
- § 48908 All pupils shall comply with the regulations, pursue the required course of study, and submit to the authority of the teachers of the schools.
- § 48909 When a petition is requested in juvenile court or a complaint is filed in any court alleging that a minor of compulsory school attendance age or any pupil…
- § 48910 (a) A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The…
- § 48911 (a) The principal of the school, the principal’s designee, or the district superintendent of schools may suspend a pupil from the school for any of the reasons…
- § 48911.1 (a) A pupil suspended from a school for any of the reasons enumerated in Sections 48900 and 48900.2 may be assigned, by the principal or the principal’s…
- § 48911.2 (a) If the number of pupils suspended from school during the prior school year exceeded 30 percent of the school’s enrollment, the school should consider doing…
- § 48911.5 The site principal of a contracting nonpublic, nonsectarian school providing services to individuals with exceptional needs under Sections 56365 and 56366,…
- § 48912 (a) The governing board may suspend a pupil from school for any of the acts enumerated in Section 48900 for any number of schooldays within the limits…
- § 48912.5 The governing board of a school district may suspend a pupil enrolled in a continuation school or class for a period not longer than the remainder of the…
- § 48913 The teacher of any class from which a pupil is suspended may require the suspended pupil to complete any assignments and tests missed during the suspension.
- § 48913.5 (a) Upon the request of a parent, a legal guardian or other person holding the right to make educational decisions for the pupil, or the affected pupil, a…
- § 48914 Each school district is authorized to establish a policy that permits school officials to conduct a meeting with the parent or guardian of a suspended pupil to…
- § 48915 (a) (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the…
- § 48915.01 If the governing board of a school district has established a community day school pursuant to Section 48661 on the same site as a comprehensive middle,…
- § 48915.1 (a) If the governing board of a school district receives a request from an individual who has been expelled from another school district for an act other than…
- § 48915.2 (a) A pupil expelled from school for any of the offenses listed in subdivision (a) or (c) of Section 48915, shall not be permitted to enroll in any other…
- § 48915.5 (a) An individual with exceptional needs, as defined in Section 56026, may be suspended or expelled from school in accordance with Section 1415(k) of Title 20…
- § 48916 (a) An expulsion order shall remain in effect until the governing board, in the manner prescribed in this article, orders the readmission of a pupil. At the…
- § 48916.1 (a) At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure that an educational program is provided to the…
- § 48916.5 The governing board may require a pupil who is expelled from school for reasons relating to controlled substances, as defined in Sections 11054 to 11058,…
- § 48917 (a) The governing board, upon voting to expel a pupil, may suspend the enforcement of the expulsion order for a period of not more than one calendar year and…
- § 48918 The governing board of each school district shall establish rules and regulations governing procedures for the expulsion of pupils. These procedures shall…
- § 48918.1 (a) If the decision is expulsion and the pupil is a foster child, as defined in Section 48853.5, the governing board of the school district shall provide…
- § 48918.5 In expulsion hearings involving allegations brought pursuant to subdivision (n) of Section 48900, the governing board of each school district shall establish…
- § 48918.6 In addition to any other immunity that may exist, any testimony provided by a pupil witness in an expulsion hearing conducted pursuant to this article is…
- § 48919 If a pupil is expelled from school, the pupil or the pupil’s parent or guardian may, within 30 days following the decision of the governing board to expel,…
- § 48919.5 (a) A county board of education in a class 1 or class 2 county may have a hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of…
- § 48920 Notwithstanding the provisions of Section 54950 of the Government Code and Section 35145 of this code, the county board of education shall hear an appeal of an…
- § 48921 The county board of education shall determine the appeal from a pupil expulsion upon the record of the hearing before the district governing board, together…
- § 48922 (a) The review by the county board of education of the decision of the governing board shall be limited to the following questions: (1) Whether the governing…
- § 48923 The decision of the county board shall be limited as follows: (a) If the county board finds that relevant and material evidence exists which, in the exercise…
- § 48924 The decision of the county board of education shall be final and binding upon the pupil and upon the governing board of the school district. The pupil and the…
- § 48925 As used in this article: (a) “Day” means a calendar day unless otherwise specifically provided. (b) “Expulsion” means removal of a pupil from (1) the immediate…
- § 48926 (a) (1) Each county superintendent of schools in counties that operate community schools pursuant to Section 1980, in conjunction with superintendents of the…
- § 48927 (a) This chapter shall also apply to pupils attending the California School for the Blind and the two California Schools for the Deaf, which shall be referred…
ARTICLE 1.5. Transfer of Pupil Convicted of Violent Felony or Misdemeanor § 48929 · 1 section
- § 48929 Notwithstanding any other law, the governing board of a school district may transfer to another school in that school district a pupil enrolled in that school…
ARTICLE 2. Student Organizations §§ 48930–48938 · 8 sections
- § 48930 Any group of students may organize a student body association within the public schools with the approval and subject to the control and regulation of the…
- § 48931 The governing board of any school district or any county office of education may authorize any pupil or adult entity or organization to sell food on school…
- § 48932 The governing board of any school district may authorize any organization composed entirely of pupils attending the schools of the district to maintain such…
- § 48933 (a) The funds of any student body organization established in the public schools of any school district shall, subject to approval of the governing board of…
- § 48934 The funds of a student body organization established in the public schools for kindergarten and grades 1 to 6, inclusive, of any school district maintaining…
- § 48936 In addition to deposit or investment pursuant to Section 48933, the funds of a student body organization may be loaned or invested in any of the following…
- § 48937 The governing board of any school district shall provide for the supervision of all funds raised by any student body or student organization using the name of…
- § 48938 In schools or classes for adults, regional occupational centers or programs, or in elementary, continuation, or special education schools in which the student…
ARTICLE 3. Speech and Other Communication § 48950 · 1 section
- § 48950 (a) A school district operating one or more high schools, a charter school, or a private secondary school shall not make or enforce a rule subjecting a high…
ARTICLE 4. Notification of Parent or Guardian §§ 48980–48986 · 12 sections
- § 48980 (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or…
- § 48980.3 The notification required pursuant to Section 48980 shall include information regarding pesticide products as specified in subdivision (a) of Section 17612.
- § 48980.4 (a) (1) Until June 30, 2026, the notification required pursuant to Section 48980 for pupils admitted to, or advancing to, grade 6 shall include a notification…
- § 48980.5 (a) The notification required pursuant to Section 48980 for the parents or guardians of pupils admitted to, or advancing to, grades 11 and 12 shall include…
- § 48980.6 (a) (1) At the beginning of the first semester or quarter of the regular school term, a local educational agency shall notify the parents or guardians of…
- § 48981 The notice shall be provided at the time of registration for the first semester or quarter of the regular school term. The notice may be provided using any of…
- § 48982 (a) The notice shall be signed by the parent or guardian and returned to the school. Signature of the notice is an acknowledgment by the parent or guardian…
- § 48983 If any activity covered by the sections set forth in Section 48980 will be undertaken by the school during the forthcoming school term, the notice shall state…
- § 48984 No school district shall undertake any activity covered by the sections set forth in Section 48980 with respect to any particular pupil unless the parent or…
- § 48985 (a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a…
- § 48985.5 (a) A local educational agency shall inform the parents or guardians of each enrolled pupil about all of the following: (1) The dangers associated with using…
- § 48986 (a) (1) A local educational agency shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of…
ARTICLE 4.5. Guidelines for Filing Complaint of Child Abuse § 48987 · 1 section
- § 48987 The governing board of a school district or county office of education shall upon request disseminate the guidelines adopted by the State Department of…
ARTICLE 5. Prohibition of Corporal Punishment §§ 49000–49001 · 2 sections
- § 49000 The Legislature finds and declares that the protection against corporal punishment, which extends to other citizens in other walks of life, should include…
- § 49001 (a) For the purposes of this section, “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil.…
ARTICLE 5.2. Restraint and Seclusion §§ 49005–49006.4 · 9 sections
- § 49005 The Legislature finds and declares all of the following: (a) While it is appropriate to intervene in an emergency to prevent a pupil from imminent risk of…
- § 49005.1 The following definitions apply to this article: (a) “Behavioral restraint” means “mechanical restraint” or “physical restraint,” as defined in this section,…
- § 49005.2 A pupil has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or…
- § 49005.4 An educational provider may use seclusion or a behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to…
- § 49005.6 An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques.
- § 49005.8 (a) An educational provider shall not do any of the following: (1) Use seclusion or a behavioral restraint for the purpose of coercion, discipline,…
- § 49006 (a) A local educational agency that meets the definition of a “local educational agency” specified in Section 300.28 of Title 34 of the Code of Federal…
- § 49006.2 Notwithstanding Section 49006, the data collection and reporting requirements contained in this article shall be conducted in compliance with the requirements…
- § 49006.4 (a) This article applies with regard to all pupils, including individuals with exceptional needs. For an individual with exceptional needs, if a behavioral…
ARTICLE 5.5. Pupil Fees §§ 49010–49014 · 5 sections
- § 49010 For purposes of this article, the following terms have the following meanings: (a) “Educational activity” means an activity offered by a school, school…
- § 49011 (a) A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity. (b) All of the following…
- § 49012 (a) Commencing with the 2014–15 fiscal year, and every three years thereafter, the department shall develop and distribute guidance for county superintendents…
- § 49013 (a) A complaint of noncompliance with the requirements of this article may be filed with the principal of a school under the Uniform Complaint Procedures set…
- § 49014 (a) A pupil or former pupil, unless emancipated at the time the debt is incurred, shall not owe or be billed for a debt owed to a public school or school…
ARTICLE 6. Athletic Programs §§ 49020–49024 · 5 sections
- § 49020 It is the intent of the Legislature that opportunities for participation in interschool athletic programs in public high schools of the state be provided on as…
- § 49021 It is the intent of the Legislature that opportunities for participation in athletics be provided on an equitable basis to all students. It is the further…
- § 49022 Insofar as practicable, in apportioning public funds school district governing boards shall apportion amounts available for athletics to ensure that equitable…
- § 49023 Notwithstanding any other provision of law, no public funds shall be used in connection with athletic programs conducted under the auspices of a school…
- § 49024 (a) Prior to assuming a paid or volunteer position to work with pupils in a pupil activity program sponsored by a school district, all noncertificated…
ARTICLE 6.5. Performance-Enhancing Substances §§ 49030–49034 · 5 sections
- § 49030 (a) Sixty days after the posting of the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping on the Internet Web…
- § 49031 (a) A school may not accept a sponsorship from a manufacturer of a dietary supplement described in subdivision (a) of Section 49030, or from the distributor of…
- § 49032 (a) (1) Effective December 31, 2008, each high school sports coach shall have completed a coaching education program developed by his or her school district or…
- § 49033 The California Interscholastic Federation shall amend its constitution and bylaws to require, as a condition of participation in interscholastic sports, that…
- § 49034 (a) The State Treasurer may accept voluntary contributions for the purpose of offsetting costs of training coaches pursuant to Sections 35179.2 and 35179.3.…
ARTICLE 7. Registering to Vote §§ 49040–49041 · 2 sections
- § 49040 (a) The last two full weeks in April and the last two full weeks in September shall be known as “high school voter education weeks,” during which time persons…
- § 49041 (a) The administrator of a high school, or his or her designee, may appoint one or more pupils who are enrolled at that high school to be voter outreach…
ARTICLE 8. Searches by School Employees §§ 49050–49051 · 2 sections
ARTICLE 9. Restorative Justice Practices §§ 49055–49056 · 2 sections
- § 49055 (a) On or before June 1, 2024, the department shall develop evidence-based best practices for restorative justice practice implementation on a school campus…
- § 49056 (a) Commencing with the 2024–25 school year, all of the following shall apply to recess provided by a public elementary school: (1) (A) Recess shall be at…