Dealing with Oppositional Parents

An Educator's Guide to Conflict Resolution


Relevant California Education Code
Robert Desmond

California Education Code contains several sections relevant to employee security. What follows is a brief summary of each of these sections:

Section 32210
Anyone who intentionally disturbs a public school or school meeting has committed a misdemeanor and can be fined by to $500.

Section 32211
(a) Any person who is not a student of the public school, a parent or guardian of a student of the public school, or an officer or employee of the school district maintaining the public school, or who is not required by his or her employment to be in a public school building or on the grounds of the public school, and who has entered any public school building or grounds of any public school, during school hours, and who is requested either by the principal of the public school or by the designee of the principal to leave a public school building or public school grounds, shall promptly depart therefrom and shall not return thereto for at least 48 hours. A request that a person depart from a public school building or public school grounds shall be made by the principal, or the designee of the principal, exclusively on the basis that it appears to the principal, or the designee of the principal that the continued presence of the person requested to depart would be disruptive of, or would interfere with, classes or other activities of the public school program.

(b) Any person who fails to leave a public school building or public school grounds promptly upon request of the principal of the public school or the designee of the principal made pursuant to subdivision (a) or who, after leaving a public school building or public school grounds pursuant to a request of the principal of the public school, or the designee of the principal, made pursuant to subdivision (a), returns thereto, except pursuant to subdivision(d), within 48 hours, is guilty of a misdemeanor and shall be punished pursuant to Section 626.8 of the Penal Code.

Section 35205
School district funds may be used to hire an attorney to provide legal services if the district finds it appropriate.

Section 44014
Any employee assaulted by a student is required to report it to the appropriate authorities. Any employee who knows of such an assault is required to report it. Anyone who tries to stop such a report from being made is subject to a fine. No actions may be taken against an individual for filing a report of this kind.

Section 44807
Certificated district employees may exercise physical control over a student to maintain order, protect property or the health and safety of pupils. This applies to students going to and from school, on the playground, and during recess.

Section 44810--Willful interference with classroom conduct
Every minor over 16 years of age who is not a pupil of the school, including but not limited to any minor or adult who is the parent or guardian of the school, who comes upon any school ground or into any schoolhouse and there willfully interferes with the discipline, good order, lawful conduct, or administration of any school class or activity of the school, with the intent to disrupt, obstruct, or to inflict damage to property or bodily injury upon any person, is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1000), or by imprisonment in the county jail for not more than six months, or both.

Section 44811--Disruption of classroom or extracurricular activities
Any parent, guardian, or person whose conduct in a place where a school employee is required to be in the course of his or her duties materially disrupts classwork or extracurricular activities or involves substantial disorder is guilty of a misdemeanor which is punishable by a fine not exceeding one hundred dollars ($100), by imprisonment in the county jail for a period of not more than 10 days, or both. (More severe punishment is specified for repeated offenses.) This section does not apply to any otherwise lawful employee concerted activity, including, but not limited to, picketing and the distribution of handbills.

Section 48900
A student may be suspended for causing, attempting to cause, or threatening to cause physical injury to another person.

Section 48902
The principal or principal designee of a school is required to notify the appropriate law enforcement agency if a student violates section 245 of the Penal Code. An individual willfully failing to make this report is subject to a fine.

Section 48905
If a student causes injury or damage to a district employee or their property when the employee or property is: (1) on district grounds, (2) being taken to or from an activity sponsored by the district or a school within it, (3) present at such an activity, or (4) otherwise injured or damaged in retaliation for actions taken by the employee while performing their job duties, the employee may request the district take legal action.

Section 49079
A teacher needs to be made aware of students who have engaged in, or are suspected of having engaged in, acts outlined in

Section 48900
A district employee who willfully fails to provide the teacher with such information is subject to a fine.

Section 49331
Any certificated or classified employee may take any object from a student that can cause serious physical harm.

Home