12.1  Conditions Under Which Students May Be Excluded The Board, upon recommendation of the principal and the unit member responsible for the student, may exclude from a class any student who has emotional, physical, or behavioral problems which are disruptive to the educational function of the school.

12.2 Excluded Student's Entitlement A student excluded under section 12.1 above shall not be entitled to return to any classroom until such time as the Board determines that the condition which prompted the exclusion no longer exists.

12.3 Referral of Students with Special Needs When, in the judgment of the unit member, a student requires the special attention of administrative staff or support personnel, the problem shall be referred to the principal or immediate supervisor. A conference shall be arranged at the earliest possible time between the unit member, an administrative representative, and a specialist, if appropriate, to discuss the problem and to decide upon appropriate steps for its resolution.

12.4 Suspension by Teachers A teacher may suspend a student from his/her class for the day of the suspension and the day following, for offenses enumerated in section 48900 of the Education Code, and shall report the suspension to the principal and send the student to the principal/designee for appropriate action. The teacher shall notify the parent and participate in the subsequent parent conference.

12.5 Discipline Guidelines A written description of the rights and duties of all administrators and employees with respect to student discipline and the rights of suspended students, shall be presented to each employee in writing on the first day of each school year or as soon as possible thereafter.

12.6 Employee Control Over Learning Environment A unit member may utilize the same degree of physical control over a pupil that a parent would be legally privileged to exercise, but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. The Board shall not take disciplinary action against a teacher who uses demonstrably justifiable force in the performance of professional duties.

12.7 Employee's Responsibility in Cases of Assault Unit members shall immediately report cases of assault suffered by them in connection with their employment to their principal or other immediate supervisor who shall immediately report the incident to the proper law enforcement authorities. Matters involving assaults on District personnel will be reported to the Superintendent. The Superintendent shall respond to any justifiable request from the employee for pertinent information in the possession of the Superintendent relating to the incident and shall provide liaison contact between the teacher, the police, and the courts.

12.8 Student Violence When, based on demonstrable facts, a unit member believes that the continued presence in class of a pupil represents a physical danger to the unit member, he/she may initiate proceedings for consideration of the pupil's exclusion. The Superintendent will investigate the situation and take appropriate action in accordance with the District's Student Discipline Procedure.

12.9 Legal Defense If criminal or civil proceedings are brought against a unit member alleging that an assault was committed in connection with employment, such unit member may request the Board to furnish legal defense counsel in such proceedings. If the Board does not provide such counsel and the unit member prevails in the proceedings, then the Board shall reimburse the unit member for defense counsel fees incurred and shall reimburse the unit member for any loss in salary. (Government Code ¶995-996.4)

12.10         Employment Defined As used in this Article, "employment" shall include any voluntary activities approved in writing by the administration which involve student activity.

12.11         Employees Liability Employees shall not be held liable for any loss of or damage to items of school property used away from the school premises when such use is done with the prior written consent of the employee's supervisor, unless such loss or damage is due to the fault of the employee.

12.12         Compensation for Property Loss The District shall reimburse employees for any loss, damage, or destruction of clothing, automobiles, or personal property of the employee arising from assault and/or battery, theft or vandalism while on duty in the school, on the school premises, or on a school-sponsored activity, unless such loss, damage, or destruction is due to negligence by the employee. In the case of assault and/or battery related losses, the District shall reimburse employees upon the filing of a written claim detailing the circumstances and extent of the loss. As a prerequisite to reimbursement, the employee shall have filed all required reports with the police and the employee's own insurance company. Any reimbursement here under shall not be made for losses of less than $25.00 and shall be limited to a maximum of $1000.00 or to the level of the employee's insurance deductible, whichever is less.

12.13         Personal Property Verification An inventory of personal property used by employees for instructional purposes shall be filed with and approved by the appropriate supervisor prior to classroom use. The form for this inventory shall be made available to all employees. In the case of loss by theft, vandalism, or accident to inventoried materials, the District shall reimburse the employee to the extent not covered by the employee's own applicable insurance protection, provided the employee has, when appropriate, filed a report with the law enforcement agency having jurisdiction. Such reimbursement shall not be made for losses of less than $25.00 aggregate, nor of more than $500.00 maximum per incident.