Restore Care While Negotiations Continue
Tell Community Regional: Agree to a Temporary Contract Extension
Know Your Contract
Table of Contents
CLASS SIZE
Staffing Ratios
Pre-K 1:8
TK 1:12
K-3 1:23
4-6 1:28
7-8 1:27
9-12 1:28
Secondary Alternative Education 1:29
What’s a staffing ratio?
It’s the teacher to student ratio which FUSD must staff a school site for each grade range. As the number drops, more teachers must be staffed, therefore helping to create lower class sizes.
Individual Class Size Overage
Individual Class Size Overages serve two purposes. It provides a financial disincentive to the district if they go above the class size guidelines and it provides compensation to the teacher for the additional work of more students in the class.
Elementary:
$2,500 annual increase if there are between 1-3 students exceeding the classroom guidelines listed below. $5,000 annual increase if there are 4 or more students exceeding the classroom guidelines listed below.
Starting in September after leveling for over 50% of the semester. Paid each semester.
Secondary:
$500 per section if there are between 1-3 students exceeding the classroom guidelines listed below. $1,000 per section if there are 4 or more students exceeding the classroom guidelines listed below.
The total annual compensation paid shall not exceed $2,500 for 1-3 students over the guidelines or $5,000 for 4 or more students
Grade K
24 for the 2024-2025 school year
24 for the 2025-2026 school year
Grades 1-3
26 for the 2024-2025 school year
25 for the 2025-2026 school year
Grades 4-6
29 for the 2024-2025 school year
28 for the 2025-2026 school year
Grades 7-8
31 for the 2024-2025 school year
30 for the 2025-2026 school year
Grades 9-12
32 for the 2024-2025 school year
30 for the 2025-2026 school year
Standard PE Sections
45 for 2024-25 school year
Grades 1-3
26 for the 2024-2025 school year
25 for the 2025-2026 school year
Grades 4-6
29 for the 2024-2025 school year
28 for the 2025-2026 school year
Grades 7-8
31 for the 2024-2025 school year
30 for the 2025-2026 school year
Grades 9-12
32 for the 2024-2025 school year
30 for the 2025-2026 school year
Standard PE Sections
45 for 2024-25 school year
Evaluations & Professional Standards
Help! I’m Being Evaluated.
The Collective Bargaining Agreement (CBA) has a clear timeline and process for evaluation.
Prior to the end of the first three (3) weeks of school, the evaluatee shall receive notification they will be evaluated during the current school year, who their assigned evaluator will be, and the name of any designee(s) to perform the evaluation. (16.4.1)
By the end of the sixth (6th) week of school the evaluatee shall prepare a written evaluation plan outlining specific goals and objectives and identifying standards to be achieved for improving their professional practice. This plan will be given to their evaluator during a preliminary evaluation conference. The evaluator can propose and/or require additional goals, objectives and standards to the evaluatee. Both the evaluator and evaluatee shall sign the final version of this plan. (16.4.2)
At least one (1) formal observation shall occur prior to the end of each November. (16.5.3)
Formal observations shall be at least one full lesson presentation in length and shall be followed by a conference within five (5) school days of the observation. (16.5.2)
No observation shall occur within 15 workdays of any prior observation, unless there is an instructionally related reason. (16.5.3.1)
At least 4 formal observations shall occur prior to a “Does Not Meet Standards” rating being given on the summative evaluation. (16.5.8)
The summative evaluation shall be submitted at least thirty (30) calendar days prior to the end of the school year. (16.6.2)
These timelines MUST be met or a grievance should be filed within the fifteen (15) working days (Article 19, 11.1).
Most Common Evaluation Questions:
Q: What can FTA do (and not do) to help me through this process?
A: The Staff and Leadership CANNOT stop the evaluation unless the timelines or process have been violated. FTA can attend meetings when it is apparent there have been violations, but cannot attend ALL evaluation conversations as these are not considered disciplinary meetings and Staff/Leadership could actually be barred from attending.
Q: What is FTA’s general advice for the evaluation process?
A: Document all evaluation meetings.
Document the date and time of ALL evaluations.
Post evidence into iAchieve relating to the standards, goals and objectives previously agreed to in the evaluation meeting held at the beginning of the school year.
If you think you are going to receive a DNMS rating on your formal observation CONTACT THE FTA OFFICE IMMEDIATELY. The sooner that you get FTA Staff involved the stronger your case may be.
Q: What can or should I do if I disagree with the comments in my evaluation?
A: Write a rebuttal to those comments providing proof to support your position. Provide a copy to your evaluator; upload them into your iAchieve evaluation folder; provide a copy to the FTA Staff person you’re working with and to FUSD HR.
Q: Do I have to sign my evaluation if I don’t agree with it?
A: Yes and No. The CBA states that both the “evaluator and the unit member shall sign the summative evaluation”. Your signature signifies acknowledgement of receipt of a copy of the document (in the electronic age, it signifies that you have reviewed the document, not that you agree with it). (16.6.4)
However, should you refuse to sign (and have documentation that the opportunity was or was not presented to you) the evaluator will simply submit the document with the notation that the member refused to sign. (16.6.4)
Q: I am asking for help in improving so that I can get a better evaluation from my admin, but they are being unresponsive or not giving me the help that I need. What should I do?
A: Provide documentation to FTA Staff of your efforts to get assistance from your evaluator and administration team. You should ALWAYS request such assistance in writing. Email works GREAT for such documentation.
Page | 5
Q: I believe that I am being held to a different standard than other similarly situated teachers. What can I do?
A: Provide documentation and proof of what you are asserting is different and expected of you by administration, but not of others at the site.
Q: I have students with severe behavioral problems in my class(es). I am being unfairly evaluated on this. What should I do?
A: While severe behavioral problems are a concern for ALL teachers, classroom management is one of the six standards in the CSTPs that teachers are evaluated on. Document ALL communications with administration relating to such students; share these and ALL communications with administration requesting assistance/advice on how to deal with the student(s) in question.
Q: I am a PE/ART/Elective teacher and I am being evaluated on core subjects like math and reading. Is there anything that I can do about this?
A: It would be inappropriate for such teachers to be evaluated on the subject matter included in core subjects. However, the CSTPs DO NOT provide for different evaluations for these same teachers. Only “Nurses, Speech/Language Pathologist, and Librarians” are not evaluated according to the procedures in Article 16 (16.8).
Q: Can I request another evaluator on my evaluation, and if so what is the process?
A: If you receive a DNMS rating on a formal observation you can request an “additional classroom observation by another observer selected by mutual agreement of the evaluator and unit member”. (16.5.4.4)
Q: What is a grievance and how do I determine if I have one on my evaluation?
A: Article 19 – Grievance Procedure, section 1, defines a grievance as, “a formal, written allegation by a unit member or the Association that there has been a violation, misapplication, or misinterpretation of provisions” of the CBA. If you believe that you have a potential grievance, contact FTA Staff IMMEDIATELY.
The following Q & A refers to permanent status/tenured teachers only:
Q: What happens if I get a “Growth Expected” ?
A: If a permanent teacher receives a rating of “Growth Expected”, there will be a meeting held to write a teacher development plan (TDP) to assist the evaluatee. The evaluation will continue through the remainder of the year. Should this rating be noted on the summative evaluation (the last evaluation document of the year) the teacher will be required to do a Teacher Development Plan (TDP) for the subsequent year, and MAY be evaluated in the subsequent year, at the discretion of site administration.
Q: What happens if I get “Growth Expected” in a second year?A: As previously stated, the TDP will be written and the evaluatee MAY be evaluated in the subsequent year.
Q: What happens if I get “Does Not Meet Standards (DNMS)?
A: The teacher WILL be evaluated the following year. There will be a meeting to write a new TDP or revise the current version.
Q: What happens if I get “Does Not Meet Standards (DNMS) in year two?
A: If prior to the end of the full second year, the District will normally present the teacher with a disciplinary letter titled ’90 Day Notice to Improve Performance’. Such a letter is a prelude to the teacher being placed on administrative leave (with pay) while the District moves to dismiss.
Q: What is a 90-day letter? – Performance.
A: The ’90 Day Notice to Improve Performance’ can be a prelude to the teacher being placed on administrative leave (with pay) while the District moves to dismiss. These letters are generally written when the individual is deemed deficient in the performance of their duties as a classroom teacher. Should the teacher not be able to show improvement during the 90 CALENDAR days covered by this letter, the district will normally move to dismiss. An FTA Staff person MUST be notified by the member as soon as it is known that a meeting for presentation of such a letter is being scheduled, the member should advise STAFF of any formal observation where either a Needs Improvement or DNMS rating is given. FTA will refer the member to legal representation for preparation of a defense.
Q: I am retiring this year, and they still want to evaluate me. Can this be stopped?
A: The fact that a teacher is about to retire does not impact the evaluation process.
Q: How long does the evaluation stay in my file?
A: Unless there is a violation of the timelines or process for the evaluation, the document will be remain in the personnel file permanently. However, adverse documentation issued more than two years prior to the current evaluation cycle SHALL NOT be referenced in a formative or summative evaluation in the current cycle unless there is evidence of a continuing pattern of needed improvement (6.2.)
5-year Evaluation Cycle
Starting in the 2019-20 school year, Human Resources shall provide evaluators a list of unit members eligible to be placed on a 5-year cycle.
Q: When can I request placement on a 5-year evaluation cycle? A: Anytime. The 5-year cycle may be entered into at any time (1.2.1).
Q: When does a 5-year evaluation cycle begin? A: The last year the teacher was evaluated, NOT the year the form is signed (1.2.1)
Q: What happens if I request and am denied a 5-year? A: Within 15 working days of your request, you must be provided an individualized reason/s why you were denied placement on a 5-year (1.2.2)
Q: Can I be taken off a 5-year cycle before the 5 year ends? A. Yes. But your evaluator MUST provide specific reasons why.
Note: 5-Year Evaluation Applications can be found in the resources section of the FTA website.
FresnoTeachers.org
Meeting Hours
Buyback/Institute Days Prior to the First Day of Instruction One day of the three days is entirely dedicated to teacher-directed activities, which can be performed on or off campus at the teacher’s discretion. The school site will collaboratively decide which of the three days will be teacher-directed.
Buyback Days During the School Year Half of the seven-hour duty day is designated for administrator-directed activities, and the other half for teacher- directed activities.
Example: 3.5 hours – administrator-directed time 3.5 hours – teacher-directed time Teachers are entitled to at least a 0.5-hour duty-free lunch
• During teacher-directed time, teachers have the autonomy to decide how they wish to use their time.
• The eighth hour is provided for the teacher’s prep time and professional responsibilities and can be
completed on or off campus at the teacher’s discretion.
Meeting Hours – General Meeting Days:
• All schools will designate Tuesdays for meetings, during five-day instructional weeks.
• These days will be early release.
• Meetings will be held for at least one hour within the seven-hour duty day.
Meeting Parameters:
• Up to one (1) meeting per month may be an administrator-directed staff meeting or a staff-wide Professional Learning session.
• The remaining meetings for that month are reserved for grade level, cross-grade level, departmental or intradepartmental planning and team collaboration. The agenda, topics of discussion are set by the teachers. Admin may provide feedback but not direct this time.
• Efforts will be made to expand PLCs to other like teaching subjects via virtual meetings. (i.e., teachers who are a PLC of one could meet virtually with subject alike teachers at other sites.)
• Site administration and the staff will seek mutual solutions that best meet student needs when planning the use of the PLCs. PLCs will establish student growth goals and provide those goals, and the methods to obtain those goals, to their site administration by the fourth week of the quarter. Site administration will provide feedback and recommendations to the PLCs in efforts to support student growth. PLCs shall provide quarterly updates to site administration on progress towards goals. All PLCs shall receive PLC+ training and shall use a goals and methods framework agreed on between the District and FTA.
Meeting Hours – Elementary
Example Meeting Day Schedule:
• If instruction begins at 8:00 am, instruction would end at 1:00 pm (non-designated) or 1:30pm
(designated).
• Meetings begin 15 minutes after instruction ends, i.e. 1:15 pm (non-designated) or 1:45 pm (designated).
• Meetings would end at 2:15 pm (non-designated) or 2:45 pm (designated).
• Immediately following the meeting, teachers may conduct their prep time and professional responsibilities
on or off campus at their discretion.
• For designated schools who have developed their agreed-upon calendars to include designated meeting
time on Tuesdays, that designated time will begin immediately following the one-hour meeting. The time after the regularly scheduled meeting will be deducted from the designated school meeting hours.
Meeting Hours – Secondary (Middle School and High School) Meeting Days:
• All teachers will have a preparation period within the 7-hour duty day.
• The meeting will end on or before the end of the 7-hour duty day.
Designated Schools: Voting & Scheduling
Designated School: Overview of Additional Instructional Time & Extended Duty Year
• Instructional minutes will increase by 30 minutes within the seven-hour duty day. Teachers shall be compensated at their per diem (hourly) rate for this additional one-half (.5) hour.
• The duty year for Designated Schools educators will be increased by ten (10) days or an equivalent number of hours (80 hours).
Designated School: Vote on Additional Days for Duty Year
• If supported by a vote of fifty (50) percent or more of a designated site’s teaching staff the fiscal equivalent of up to three (3) days or twenty-four (24) hours per certificated teacher at the site shall be used to purchase positions (i.e. FTE), materials or supplies to support the instructional program. Options: 1. 80 Hours [Ten days]
2. 72 Hours [Nine days]
3. 64 Hours [Eight days]
4. 56 Hours [Seven days]
Notes: 1. Administration does not get a vote in this decision.
2. The vote should be anonymous and based on the four options listed above.
3. To be valid, one of the four options must have 50 percent or more of the vote.
4. If a school site’s teaching staff votes for less than 80 hours, the school site’s teaching staff shall determine how the additional money will be spent, however they may allow for input from the administration.
5. The fiscal equivalent of the total per diem pay for the three (3) days or twenty-four (24) hours of the certificated unit members at the school site shall be based on the designated school site’s baseline staffing allocation.
Designated School: Scheduling & Agenda Creation of Additional Days
• According to the contract, the principal shall collaborate with the teaching staff to determine the scheduling and agenda of the additional meeting days/hours.
• The agenda for meetings on additional days/hours may include, but not be limited to, assessing student learning, developing common formative assessments, sharing instructional strategies and methods, lesson planning, standards-aligned curriculum, developing real time intervention strategies, and maintaining and improving an effective school culture/climate, professional learning, teacher planning/collaboration, targeted student support/intervention/pre-assessment, and development of transition programs.
• School site teaching staff decisions on the number of days and the use of the must be provided to the District by April 1.
Example Voting Process
1. Vote on Additional Days for Duty Year a. Site teacher leaders determine how to best format to hold an anonymous election. This can be done electronically through Survey Monkey or by a physical ballot. i. Note: The only notation of a person’s name should be to certify that they received a ballot. However, the actual vote should be anonymous.
b. Sample Ballot Verification
Name | Signature Verifying Receipt of Ballot | Date |
Sick Leave ‘Ins & OUTs’
Section 1 – 44978 of Ed Code requires ALL full time bargaining unit members to be given (10) days of sick leave annually. Part time employees are entitled to a proportional amount of this leave.
Section 2 – Payment Procedures. Members DO NOT have to work a full year to use the ten (10) days mentioned above. No member shall experience a deduction in salary until all of their sick leave has been used in any instance of absence under a Doctor’s care.
Section 3 – Substitute Differential Salary
Differential pay is also an Education Code requirement, Section 44977, and needs to be understood by all members.
This is commonly discussed by the FUSD Payroll Department as “Sub Dock” when members are trying to look into their sick leave balance. Ed Code refers this as a “five-month period”, both FTA and FUSD characterize it as ‘100 Day Differential’.
The average work month has four (4), five (5) day work weeks. This equates the ‘100 Day Differential’ to the Ed Code “five-month period”. Ed Code requires that the individual who uses this ‘benefit’ must:
1 – Have used ALL of their accumulated sick leave;
2- Be charged the price of a substitute for each day they are out using this benefit, WHETHER ONE IS PROVIDED OR NOT.
It is important that the member be aware of BOTH of these requirements. Point #2 above is EXTREMELY important. The average cost of a substitute is over $100 per day; considering that the average month has twenty (20) work days, the member would experience approximately a $2,000 loss of salary for each month out of work, once they have exhausted their sick leave balance.
While this is severe, the upside is that the member remains in a “paid status” with the District. This means that they will continue to receive a monthly pay warrant AND that their health benefits would continue. Once an employee moves into an “unpaid status” BOTH their pay AND benefits STOP. To continue to receive health insurance they would have to pay for that themselves directly to the District each month.
In addition to this additional 100 days an employee can return to work, either during this 100 days or immediately following with a “Return to Work” letter from their Doctor, in a ‘modified duty status’ for an additional sixty (60) day period. After all sick leave, 100 days of differential and Modified Duty are exhausted, members go into unpaid status.
The differential pay period can be used in increments, that is broken into smaller chunks, if needed. Appropriate notes from the members Doctor would be required around any use of differential pay, no matter what the length of time. This 100 day period could possibly be used in separate school years, i.e., part of the last semester of one school year and at the start of the following school year’s first semester.
These last two points (100 day differential and modified duty) could effectively allow the individual to be away from their position for most of a school year and remain in a ‘paid status’. The individual CAN NOT be forced to transfer to another position due to usage of these benefits. Again this designation of being in a ‘paid status’ is beneficial to the individual for the above stated reasons.
Section 4 – Catastrophic Leave Program
While not often used by members, this again can keep the individual in a ‘paid status’ with the District. This program can ONLY be used once ALL sick leave AND differential leave have been exhausted. This section should be reviewed, mainly to allow someone who may need to avail themselves to this benefit, or if others at a site/friends of the individual may wish to donate sick days to the person in question.
This section discusses eligibility of the individual; process for donation by other members; amount of leave that can be donated by a single member to another member; as well as other points that must be adhered to so that usage of this benefit can be optimized.
It is suggested that the individual member contact their FTA Professional Staff member to discuss these programs prior to usage.
Transfer & Assignment The ‘Dos and DON’Ts’
Article 13 – District Rights, section 1 (last sentence of paragraph 2) reads, “…the District retains the right to act to hire, classify, assign, evaluate, promote, transfer, terminate and discipline employees.”
What this means is that the District has the right to transfer its employees as it feels will be in the best interest of the District and students.
This DOES NOT mean that an employee cannot petition for, and obtain a transfer from one site to another. This happens every year. I does mean that the district can choose to hire and/or transfer whoever it wishes from within the pool of interested parties at the time of any given opening.
Article 61 – Section 1 provides definitions that are important for you to remember.
Voluntary Transfers: these are initiated by the member(s) to be impacted, and can ONLY be initiated every other year (bi-annually).
An EXCHANGE Transfer – can happen when two employees AND their administration(s) agree this would be in everyone’s best interest. Assuming this will be two individuals at different sites, BOTH site principals would have to agree to the movement.
A Transfer for PROFESSIONAL ENRICHMENT – must be agreed to by the Division of Human Resources/Labor Relations, and are seen as ways for the individual(s) involved to broaden their employment experiences or work in a variety of settings.
Administrative Transfers: these can be initiated by either members or administration. They are generally done to address a specific emergency or circumstance. The impacted member(s) can pursue a transfer as soon as allowable under other sections of the CBA, but during the following school year rather than after a two (2) year wait.
The SPECIAL CIRCUMSTANCE Transfer – is defined as being in the best interest of the employee AND the District. These are used in situations where the employee is having difficulty at the site and the students, administration and employee would be best served by granting the move.
An EMERGENCY Transfer – is an unforeseen circumstance that would be best resolved by the movement of the employee.
Involuntary Transfers: or ‘administrative transfers’ are done at the request or insistence of admin. This transfer DOES NOT hold the employee to the bi-annual timeline for a voluntary transfer.
INEFFECTIVENESS or INCOMPATIBILITY Transfers – are proposed by administration for reasons of supposed ineffectiveness or incompatibility of the member in their assignment or within the site. Often sought by administration (and sometimes by member(s)) due to issues between administrators and employees. Employees moved as a result are not restricted by the bi-annual transfer timeframe.
PROGRAM Transfers – are used to properly staff schools with employees that have a skill or credential needed by the receiving site. Often this is due to the movement of a program or group of students and the need to have the employee change sites along with the program or students. Employees moved through a Program Transfer are not restricted by the bi-annual transfer timeframe.
ETHNIC BALANCE Transfers – are used when a group of students at a site are not able to have a member of their ethnic group as a teacher on site and the district was directed to deal with this situation. Employees moved to establish this ethnic balance are also not restricted by the bi-annual transfer time frame.
OVERAGE Transfers – are defined as a move relating to the loss of enrollment at a given site, either within a subject area or grade level (at secondary sites), or across the site at the elementary grades. The decision of WHO will be moved is based on seniority IN THE DISTRICT, not at the site. Employees moved through an Overage Transfer are also not restricted by the bi-annual transfer timeframe.
An elementary teacher that has involuntarily moved more than two (2) grade levels in any given year, shall not be moved in the subsequent academic year.
• Elementary: If a teacher is assigned to a different grade level, they will be compensated with three (3) sub days or three (3) days of per diem pay for planning and prepara1on.
• Secondary: If a teacher is involuntarily assigned to a different class/course (sec1on), they will be compensated with three (3) sub days or three (3) days of per diem pay for planning and prepara1on.
• If a teacher has moved grade levels in a current year, they shall not be asked to move grade levels in the next academic school year, unless teacher gives their approval.
• When teachers involuntarily change classrooms, they shall be granted two (2) days of sub leave or two (2) days of per diem pay to move.
• When teachers involuntarily change school sites, they shall be granted two (2) days of sub leave or two (2) days of per diem pay to move.
There are several nuances to all of these provisions. It would be in the best interest of members to contact their FTA Staff representative to discuss these, and other provisions of the CBA.
Collaborative Check and Balance
Collaborative Check and Balance:
In the event that a unit member or site administrator has concerns with the use of the collaboratively determined PLC at a site being unsuccessful or impracticable, the following progressive steps shall be used:
• The individual voicing concerns shall be referred to the school building committee for
resolution.
• A joint, collaborative review of the use of the PLC at a site will be conducted by FTA and
the District within 10 school days.
• Either FTA or District administration may request that facilitated collaborative problem-
solving be implemented at the site with affected unit members and site administrator(s),
within 10 school days of Step 2.
If either FTA or the District has concerns relative to the lack of the affected unit members support of the current utilization of collaboratively determined PLC at their site, FTA will conduct a secret ballot vote, in consultation with the site administrator(s) within 5 school days.
If less than 75% of the school site’s / department’s unit members support the current utilization of PLC, the unit members and site administrator(s) will meet to redesign the use of this time within 10 school days. Either FTA or the District may request that these meetings be facilitated.
General Q & A
Prep. Time
Q: How much control do teachers have over their prep time? A: Prep time is ‘teacher directed’ with the rare exceptions of necessary meetings; i.e., IEP meetings, meetings with parents, talking with students. Even these exceptions (other than things like AC/PL meetings due to a prep time waiver) are things that the teacher has control over.
Q: Are SPED teachers entitled to Prep time? A: Yes, they are entitled to the same 45 minutes per day during the DUTY DAY as everyone else.
IEPs
Q: Do I have to give up my prep to attend IEP meetings? A: While Article 20, section 2.2, does indicate that teachers can be asked to meet with parents, that does not mean that the time for teacher preparation can be completely taken on any given day to attend an IEP meeting even though the parent is expected to be present. Occasional discussion with parents and students is one thing, but the expectation that a teacher would have to give up their prep regularly is a violation of the CBA. Site admin can provide sub’s to allow teachers classroom coverage to attend IEPs, but this is not required.
Sick Leave Credit/STRS
Q: How many sick days does it take to convert to 1 workday? A: It takes about 2 ½ sick days to equate to one full day of pay. This credit isn’t worth as much as being paid while on medical leave.
Overtime Pay for Educators
Q: Am I entitled to overtime if I work beyond the 8-hour workday? A: No. Professional employees are not entitled to overtime under the education code.
Rest Breaks for Educators
Q: Are teachers entitled to paid rest breaks throughout the day? A: No, teachers are not entitled to paid rest breaks under the labor code.
6th Grade Camp
Q: Am I required to attend 6th grade camp? A: No, you do NOT have to participate. FTA lost an arbitration on this very topic (teachers working TONS of extra hours without proper compensation) because the district testified that the teachers WERE NOT required to attend.
Lead Teacher Roles
Q: Can I be forced to take a Lead Teacher role at my school site? A: No, this is an Extra Pay for Extra Services (EPES) contract and is voluntary.
Student Suspensions
Definition:
Suspension means removal of a student from ongoing instruction for adjustment purposes. (Education Code 48925)
However, suspension does not mean any of the following:
1. Reassignment to another education program or class at the same school where the student will receive continuing instruction for the length of day prescribed by the Governing Board for students of the same grade level.
2. Referral to a certificated employee designated by the principal to advise students.
3. Removal from the class, but without reassignment to another class or program, for the remainder of the class period without sending the student to the principal or designee as provided in Education Code 48910.
Types of Suspensions
1. Classroom Suspension: A suspension issued by a classroom teacher for a specific class (elementary) or a specific period (secondary).
2. School Suspension: A suspension from the campus, issued by the administration. The suspension can be referred by a teacher or administration, however only the administration has authority to issue the suspension.
Suspension from Class by a Teacher
According to Ed. Code 48910, a teacher has the right to suspend a K-12 student, from class for the remainder of the day and the following day for disruption, willful defiance, or any of the other acts listed under “Grounds for Suspension” (pg. 18).
*Site or district admin. can’t deny a valid teacher suspension.
Teacher Suspension Procedures
When suspending a student from class, the teacher shall immediately report this action to the
principal or designee and send the student to the principal or designee for appropriate action. If
that action requires the continuing presence of the student at school, they shall be appropriately
supervised during the class periods from which they have been suspended.
As soon as possible after the teacher decides to suspend the student, they shall ask the student’s
parent/guardian to attend a parent-teacher conference regarding the suspension. A counselor or
psychologist may attend the conference if it is practicable, and a school administrator shall attend
if either the parent/guardian or teacher so requests.
A student suspended from class shall not be returned to class during the period of the suspension
without the approval of the teacher of the class and the principal or designee.
A student suspended from class shall not be placed in another regular class during the period of
suspension. However, a student assigned to more than one class per day may continue to attend
other regular classes except those held at the same time as the class from which the pupil was
suspended.
The teacher of any class from which a student is suspended may require the student to complete
any assignments and tests missed during the removal.
Suspensions by Superintendent, Principal or Principal’s Designee
To implement disciplinary procedures at a school site, the principal may, in writing, designate as
the principal’s designee another administrator or, if the principal is the only administrator at the
school site, a certificated employee. As necessary, the principal may, in writing, also designate
another administrator or certificated employee as the secondary designee to assist with
disciplinary procedures when the principal and the principal’s primary designee are absent from
the school site.
The Superintendent, principal, or designee may impose a suspension for a first offense if it is
determined that the student violated any of items #1-5 listed under “Grounds for Suspension” (pg.18) or if the student’s presence causes a danger to persons.
For all other offenses, a student may be suspended only when the Superintendent or principal has
determined that other means of correction have failed to bring about proper conduct.
When other means of correction are implemented prior to imposing suspension or supervised
suspension upon a student, the Superintendent, principal, or designee shall document the other
means of correction used and retain the documentation in the student’s record.
The Superintendent, principal or principal’s designee may suspend a student from a school for not
more than five consecutive school days.
A student may be suspended from school for not more than 20 school days in any school year.
However, if a student enrolls in or is transferred to another regular school, an opportunity school,
or continuation school or class, for the purpose of adjustment, they may be suspended for not
more than 30 days in any school year. The district may count suspensions that occur while a
student is enrolled in another school district toward the maximum number of days for which the
student may be suspended in any school year.
These restrictions on the number of days of suspension shall not apply when the suspension is
extended pending an expulsion.
Students in grades K-5 can’t be suspended from school for willful defiance. In addition, for a five-year period ending in 2025, students in grades 6-8 can’t be suspended from school for willful defiance.
*These are school suspensions issued by the administration.
Students in grades K-12 CAN be suspended by a teacher from class for willful defiance.
Ed. Code 48900:
(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph is inoperative on July 1, 2020.
(3) Except as provided in Section 48910, commencing July 1, 2020, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(4) Except as provided in Section 48910, commencing July 1, 2020, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2025.
Grounds for Suspension
Acts for which a student, including a student with disabilities, may be suspended or expelled shall
be only those specified as follows:
1. Caused, attempted to cause, or threatened to cause physical injury to another person
willfully used force or violence upon the person of another, except in self-defense; or committed
as an aider or abettor, as adjudged by a juvenile court, a crime of physical violence in which the
victim suffered great or serious bodily injury (Education Code 48900(a) and (t))
2. 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 student had obtained
written permission to possess the item from a certificated school employee, with the principal or
designee’s concurrence.
3. Unlawfully possessed, used, sold, or otherwise furnished, or was under the influence of
any controlled substance as defined in Health and Safety Code 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 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, alcohol 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.
7. Stole or attempted to steal school property or private property.
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, except that this restriction shall not prohibit a student from using or
possessing their own prescription products.
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 11014.5.
11. Knowingly received stolen school property or private property.
12. Possessed an imitation firearm. Imitation firearm means 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.
13. Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c,
286, 288, 288a or 289, or committed a sexual battery as defined in Penal Code 243.4.
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 the prescription drug
Soma.
16. Engaged in, or attempted to engage in, hazing. Hazing means a method of initiation or pre-initiation into a student 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 student. Hazing does not include athletic events
or school-sanctioned events.
17. Engaged in an act of bullying, including cyber bullying.
18. Aided or abetted the infliction or attempted infliction of physical injury on another person, as
defined in Penal Code 31.
19. Made terrorist threats against school officials and/or school property. A terrorist threat includes any written or oral statement by a person who willfully threatens to commit a crime which will result in death or great bodily injury to another person or property damage in excess of $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.