Review Agenda Item
Meeting Date: 12/17/2024 - 5:30 PM
Category: Board Policies, Second Reading
Type: Action
Subject: 7.14 Consider Approval of the Second Reading, Board Policy/Regulation 5144.1 Suspension and Expulsions/Due Process
Strategic Plan:
Policy:
Enclosure BP 5144.1 Comparison Matrix AR 5144.1 Comparison Matrix
File Attachment:
5144.1 BP Suspension and Expulsion_Due Process Matrix.pdf
5144.1 R Suspension and Expulsion_Due Process Matrix.pdf
Summary: The policy has been updated to comply with NEW LAW (SB 274, 2023), which (1) extends the prohibition on suspending students for disruption or willful defiance to include all grade levels (formerly applied only to K-8 students), effective through July 1, 2029, and (2) prohibits suspensions or expulsions solely based on truancy, tardiness, or other absences from school activities. Additionally, the policy now specifies that no preschool student may be expelled or unenrolled except as allowed by law and administrative regulation. The update also incorporates NEW LAW (SB 114, 2023), expanding the definition of numerically significant subgroups to include long-term English learners. The regulation has been updated to comply with NEW LAW (SB 274, 2023), which extends the prohibition on suspending students for disruption or willful defiance to all grade levels (previously applied only to K-8), effective until July 1, 2029. Additionally, per NEW LAW (AB 1165, 2023), districts are encouraged to facilitate a restorative justice practice involving both the student suspended or subject to other corrective measures for incidents of racist bullying, harassment, or intimidation, and the victim. This includes requiring the perpetrator to participate in a culturally sensitive program that promotes racial justice, equity, and anti-racism education, and conducting regular check-ins with the victim to monitor any potential long-term mental health impacts. Furthermore, the regulation update clarifies that the suspension notice to parents/guardians must include the date and time the student is allowed to return to school.
Funding:
Recommendation: It is recommended that the Governing Board of Trustees approve the second reading and adopt Board Policy/Regulation 5144.1 Suspension and Expulsions/Due Process.
Approvals:
Recommended By:
Signed By:
Jeff Youskievicz - Assistant Superintendent, Educational Services
Signed By:
Marc Lacey - Assistant Superintendent, Administrative Services
Signed By:
Jesse M. Najera - Superintendent
Vote Results:

Original Motion
Member Mark Staggs Moved, Member Lynn McKee seconded to approve the Original motion 'It is recommended that the Governing Board of Trustees approve the second reading and adopt Board Policy/Regulation 5144.1 Suspension and Expulsions/Due Process.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 4 Nay: 0.
The motion Carried 4 - 0