State Mandate Commission expands suspension-expulsion claims

The Commission on State Mandates announced earlier this month opening the window for accepting claims for an expanded list of claimable activities tied to suspension and expulsions.

The filing deadline for the expanded claims has been set for a date near or on Oct. 21, 2012. Claims dating back to the 1995-96 school year will be accepted.

The commission had in November tentatively set the filing deadline for this coming May.

The original offenses that triggered the reimbursement of the suspension activities prior to the recent action were:

⢠Selling or furnishing a firearm, as specified in existing code;

⢠Brandishing a knife at another person;

⢠Selling a controlled substance, including the first offense for selling not more than one avoirdupois ounce of marijuana, other than concentrated cannabis.

Added in 1996-97 were:

⢠Committing or attempting to commit a sexual assault or sexual battery as defined in existing code.

And in 2001-02:

⢠Possession of an explosive at school or at a school activity off school grounds.

The new list of offenses for which a principal or superintendent must recommend expulsion of a pupil are:

⢠Brandishing a knife at another person;

⢠Possessing, selling or furnishing a firearm.

⢠Unlawful possession of a controlled substance, as defined (except for the first offense of possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis);

⢠The first offense of a sale of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis;

⢠Committing or attempting to commit a sexual assault or sexual battery, as defined in section 48900 (operative Jan. 1, 1997);

⢠Assault or battery on any school employee (operative Jan. 1, 1997);

⢠Causing serious physical injury to another person, except in self-defense;

⢠Possession of any knife or other dangerous object of no reasonable use to the pupil;

⢠Unlawful sale of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code;

⢠Robbery or extortion;

⢠Committing assault or battery on any school employee.

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