Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
Would you be surprised if you received a phone call stating that your son/daughter was being suspended or expelled for providing a "drug" to another student? What if later it turns out not to be an illegal substance at all, but rather your son/daughter pretended it was? Or, maybe this student just "possessed" the fake-drug but did not sell, offer to sell or provide it to another? Can either situation form the basis for a suspension or expulsion?
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Law and Rights
Can My Kid Be Suspended Or Expelled For Providing A Fake Drug Or Non-Alcohol?
By Michelle Ball, California Education Attorney for Students since 1995
Would you be surprised if you received a phone call stating that your son/daughter was being suspended or expelled for providing a "drug" to another student? What if later it turns out not to be an illegal substance at all, but rather your son/daughter pretended it was? Or, maybe this student just "possessed" the fake-drug but did not sell, offer to sell or provide it to another? Can either situation form the basis for a suspension or expulsion?
Per Education Code section 48900 (c) and (d), students may be suspended or expelled if they:
1) Possess, sell, use, or furnish a controlled substance, alcoholic beverage, or intoxicant of any kind, or
2) Sell, deliver or furnish any of the above, or
3) Sell, deliver or otherwise furnish "another liquid, substance, or material" and represent that item as a prohibited item (#1 above).
This is very interesting language.
What is says is that: First, if a student possesses or uses something which is not a controlled substance, alcohol or an intoxicant, even if they say it is a prohibited substance (fake drug, fake alcohol, etc.) they cannot be suspended or expelled under § 48900 (c) or (d). For example, they have oregano and tell others they have marijuana when actually they do not. So long as they do not give or sell that substance to another and represent it as marijuana (or some other improper substance), these sections would not apply.
Second, "offering to sell" is not listed as forming a basis, alone, for discipline, without something exchanging hands. An actual sale/provision of a real or fake prohibited item has to take place for it to be suspendable or expellable under these code sections. Keep in mind, a school may still try to suspend/expel under another code section, such as "disruption/defiance" (48900k).
Third, if a student gives another student a "fake" drug or legal substance but represents it as a controlled substance, alcohol or intoxicant, this is a suspendable or expellable offense.
Additionally, per a different section, Education Code §48915, sale of a controlled substance remains a mandatory expulsion offense, and possession of a controlled substance will get a mandatory expulsion recommendation (except for the first possession of less than one ounce of marijuana and/or if the student possesses his own medication).
Even with such seeming "clarity," parents may still be forced to defend their child from an unsupported recommendation for suspension or expulsion, as there can be confusion over the Education Code and its application. In fact, the exact language of the Education Code is usually shortened on suspension forms. Language can also be misunderstood although seemingly clear. This unfortunately causes heartache for thousands of kids and parents alike. Such is the public school system! When that happens, the best recourse is to seek legal help and advice.
Best,
1) Possess, sell, use, or furnish a controlled substance, alcoholic beverage, or intoxicant of any kind, or
2) Sell, deliver or furnish any of the above, or
3) Sell, deliver or otherwise furnish "another liquid, substance, or material" and represent that item as a prohibited item (#1 above).
This is very interesting language.
What is says is that: First, if a student possesses or uses something which is not a controlled substance, alcohol or an intoxicant, even if they say it is a prohibited substance (fake drug, fake alcohol, etc.) they cannot be suspended or expelled under § 48900 (c) or (d). For example, they have oregano and tell others they have marijuana when actually they do not. So long as they do not give or sell that substance to another and represent it as marijuana (or some other improper substance), these sections would not apply.
Second, "offering to sell" is not listed as forming a basis, alone, for discipline, without something exchanging hands. An actual sale/provision of a real or fake prohibited item has to take place for it to be suspendable or expellable under these code sections. Keep in mind, a school may still try to suspend/expel under another code section, such as "disruption/defiance" (48900k).
Third, if a student gives another student a "fake" drug or legal substance but represents it as a controlled substance, alcohol or intoxicant, this is a suspendable or expellable offense.
Additionally, per a different section, Education Code §48915, sale of a controlled substance remains a mandatory expulsion offense, and possession of a controlled substance will get a mandatory expulsion recommendation (except for the first possession of less than one ounce of marijuana and/or if the student possesses his own medication).
Even with such seeming "clarity," parents may still be forced to defend their child from an unsupported recommendation for suspension or expulsion, as there can be confusion over the Education Code and its application. In fact, the exact language of the Education Code is usually shortened on suspension forms. Language can also be misunderstood although seemingly clear. This unfortunately causes heartache for thousands of kids and parents alike. Such is the public school system! When that happens, the best recourse is to seek legal help and advice.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857
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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- Does It Really Matter If Students Can't Be Expelled Or Suspended For Willful Defiance Or Disruption?
By Michelle Ball, California Education Attorney for Students since 1995 Recently, the suspension and expulsion codes of California were altered to take "willfully defied" and "disrupted" out of the mix as bases for expulsion (any grade) and for suspension...
- Suspension Or Expulsion For Profanity At School? It's Supposed To Be Habitual
By Michelle Ball, California Education Attorney for Students since 1995 California parents can often be shocked when they receive a call stating their child is being sent home for five days for saying a bad word at school. I have seen a lot...
- Offenses Where A Recommendation For School Suspension Or Expulsion Is Discretionary
By Michelle Ball, California Education Attorney for Students since 1995 I previously blogged about offenses which do not give California school districts any discretion on whether to recommend and/or actually expel a student. However, there is a...
- When Must A Student Expulsion Be Recommended (but Maybe Not Issued)?
By Michelle Ball, California Education Attorney for Students since 1995 I earlier blogged regarding the Big 5 mandatory expulsion categories, for which a student must be both recommended and expelled should allegations be proven correct [http://edlaw4students.blogspot.com/2011/01/when-is-school-expulsion-mandatory-in.html]....
- When Is School Expulsion Mandatory In California Public Schools?
By Michelle Ball, California Education Attorney for Students since 1995 School expulsion is NOT something any parent wants their child to endure. To be removed entirely from a school district to have to attend school elsewhere (continuation school,...