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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.
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