1. Search and Seizure
    1. Consensual Encounters, Detentions and Arrests
      1. Reasonable Suspicion and Probable Cause – Reasonable suspicion is seen as more than a guess or hunch but less than probable cause. Probable cause is the logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed.
        (1) TLO v. New Jersey – Based on her confession and the evidence in her purse, the state of New Jersey brought charges against her. In a juvenile court, T.L.O. argued that her Fourth Amendment rights against unreasonable searches and seizures had been violated. … The state of New Jersey appealed the decision to the United States Supreme Court. In 1985, the Supreme Court, by a 6-3  margin, ruled that New Jersey and the school had met a “reasonableness” standard for conducting such searches at school. The high court said school administrators don’t need to have a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in school.
        (2) In Re: Joseph G – Defendant and his friend, both sixteen years old, told their friends that they were going to kill themselves by driving off a cliff. Defendant drove the car and his friend was a passenger. In a juvenile court petition to declare Defendant a ward of the court Defendant was charged with murder and aiding and abetting suicide. The court upheld the petition in relation to the murder count, but dismissed the aiding and abetting charge, stating that it did not apply. Defendant appealed.
        (3) In Re: Latosha W – Search and Seizure. Appellant was one of eight to ten students who met these criteria and were searched. After the metal detector beeped, she was asked to open her pocket, revealing a knife. Appellant was charged in a juvenile court petition with the crime of bringing on school grounds a knife with a blade longer than 2.5 inches.
      2. School officials (non-sworn) not held to the same standard as peace officers
        (1) Certified – certified peace officers are held to different standards and have different levels of authority.
        (2) Classified
        (3) Security Guards – security guards do not have the same authority and are not held to the same standards as police officers.
      3. P.C. 243.5 – Assault/Battery
      4. E.C. 44807 – 49001 + Use of Force by School Administrators – use of force, such as corporal punishment, is prohibited
      5. E.C. 48264 – Arrest of Truants – The attendance supervisor or his or her designee, a peace officer, a school administrator or his or her designee, or a probation officer may arrest or assume temporary custody, during school hours, of any minor subject to compulsory full-time education or to compulsory continuation education found away from his or her home and who is absent from school without valid excuse within the county, city, or city and county, or school district.
    2. Searches
      1. P.C. 626.11 – Community College Searches – Any evidence seized by a teacher, official, employee, or governing board member of any university, state university, or community college, or by any person acting under his or her direction or with his or her consent in violation of standards relating to rights under the Fourth Amendment to the United States Constitution or under Section 13 of Article I of the State Constitution to be free from unreasonable searches and seizures, or in violation of state or federal constitutional rights to privacy, or any of them, is inadmissible in administrative disciplinary proceedings.
      2. E.C. 49331 – Removing Injurious Objects – (Defined in E.C. 49330) – Any certificated employee of any school district and any classified employee of a school district who is designated by the governing board for such purposes may take from the personal possession of any pupil upon school premises or while under the authority of school personnel any injurious object in the possession of the pupil.
      3. Reasonable Suspicion v. Probable Cause Standard – Reasonable suspicion is seen as more than a guess or hunch but less than probable cause. Probable cause is the logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed.
      4. E.C. 49050 – Prohibited Searches – No school employee shall conduct a search that involves: (a) Conducting a body cavity search of a pupil manually or with an instrument. (b) Removing or arranging any or all of the clothing of a pupil to permit a visual inspection of the underclothing, breast, buttocks, or genitalia of the pupil.
  2. Conduct on Campus
    1. In Loco Parentis – Parens Patria – In loco parentis means “in place of parent.” The in loco parentis legal doctrine can be applied to both governmental and non-governmental entities, and is implicated “when a person [or legal entity] undertakes the care and control of another [person of legal incapacity] in the absence of such supervision by the latter’s natural parents and in the absence of formal legal approval.” Black’s Law Dictionary 787 (6th Ed. 1990)(quoting Griego v. Hogan, 377 P.2d 953, 955-56 (N.M. 1963)). The doctrine most commonly applies to minors, but can apply in other contexts, such as adult-age persons who are suffering from permanent and severe medical incapacity.
    2. Trespass – Safe School Zone
      1. P.C. 626 et al – Every student or employee who, after a hearing, has been suspended or dismissed from a community college, a state university, the university, or a public or private school for disrupting the orderly operation of the campus or facility of the institution, and as a condition of the suspension or dismissal has been denied access to the campus or facility, or both, of the institution for the period of the suspension or in the case of dismissal for a period not to exceed one year; who has been served by registered or certified mail, at the last address given by that person, with a written notice of the suspension or dismissal and condition; and who willfully and knowingly enters upon the campus or facility of the institution to which he or she has been denied access, without the express written permission of the chief administrative officer of the campus or facility, is guilty of a misdemeanor
      2. P.C. 627 – violent crimes on school grounds
        (1) Registration
      3. P.C. 602j – every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor
    3. Disturbances
      1. E.C. 32211 – Interference with Classes (K-12)
      2. P.C. 647b – Loitering about adult schools
      3. P.C. 626.7 (K-12) – persons on campus who are not supposed to be there
      4. P.C. 602.10 – Disruptive Presence
      5. P.C. 626.8 – Disruptive Presence
      6. P.C. 415/415.5 – Fighting – Citations/Arrest
      7. P.C. 308b – Smoking
    4. Student Discipline
      1. Expulsion/Suspension
        (1) E.C. 48900 A-O
        (2) E.C. 76033
        (3) E.C. 48900.2 and E.C. 212 – Sexual harassment
        (4) E.C. 48900.3 – Hate Crimes
        (5) P.C. 422.55 – Hate Crimes Definition
        (6) E.C. 48900.4 – Harassment, Threats or Intimidation
        (7) E.C. 48900.5 – Special Education
      2. E.C. 48915 – Mandatory Expulsion
      3. E.C. 48901.5 – Electronic Equipment – Pagers
      4. Attendance
        (1) Truancy – E.C. 48264 – The attendance supervisor or his or her designee, a peace officer, a school administrator or his or her designee, or a probation officer may arrest or assume temporary custody, during school hours, of any minor subject to compulsory full-time education or to compulsory continuation education found away from his or her home and who is absent from school without valid excuse within the county, city, or city and county, or school district.
        (2) Student Attendance Review Board (SARB) – E.C. 48291 – If it appears upon investigation that any parent, guardian, or other person having control or charge of any child has violated any of the provisions of this chapter, the secretary of the board of education, except as provided in Section 48292, or the clerk of the board of trustees, shall refer such person to a school attendance review board. In the event that any such parent, guardian, or other person continually and willfully fails to respond to directives of the school attendance review board or services provided, the school attendance review board shall direct the school district to make and file in the proper court a criminal complaint against the parent, guardian, or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority. In the event that a criminal complaint is not prosecuted by the proper authority as recommended, the official making the determination not to prosecute shall provide the school attendance review board with a written explanation for the decision not to prosecute.
    5. The Discipline Process
      1. K-12
      2. Community College
    6. Legal Process
      1. Role of Administrator – school administrator assists with enforcing attendance and school conduct rules and regulations.
      2. Role of Police – police enforce school conduct and other laws off and on campus.
      3. Role of Board of Trustees – School board members are locally elected public officials entrusted with governing a community’s public schools. The role of the school board is to ensure that schooldistricts are responsive to the values, beliefs and priorities of their communities.
      4. Role of Hearing Panel – The Hearing Panel conducts fair hearings to ensure student due process. They listen to testimony and formulate a recommendation to the Board of Education for students referred for expulsion.Following the hearing, the Hearing Panel member assigned as the case carrier will meet with students and parents to inform them of the decision, Board rehabilitation orders and education assignments. The case carrier follows the case through the end of the timelines and serves as support to the family.The Hearing Panel also conducts lifts of expulsion to determine if expelled students have been rehabilitated sufficiently to return to the School District.
    7. Student Rights
  3. Crimes Against Persons
    1. Threats
      1. P.C. 69/71 – Under California law, anyone who attempts to extort action or inaction on the part of public officers by way of making threats is punishable under Penal Code Section 71. The perpetrator must specifically intend to interfere with the public employee’s official duty.
      2. P.C. 422 –  Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
    2. Assaults – Battery
      1. P.C. 646.9 – Stalking – Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.
      2. E.C. 87708 – Abuse of Instructor – Community College
      3. P.C. 241.2,3,4, and 6 – Assault on School Officials.
        P.C. 243.2,3,5, and 6 – Battery on School Officials
      4. P.C. 243.4 – Sexual Battery
      5. P.C. 245, etc. – Assault with a Deadly Weapon on School Officials
    3. TRO’s, Stay-away Orders, Abduction Issues
      1. P.C. 277 – Child Abduction
      2. P.C. 272 – Contributing – every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause that person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment in a county jail, or may be released on probation for a period not exceeding five years.
      3. P.C. 647.6 – Hate Crimes
      4. Domestic Violence – The trauma that children experience when they witness domestic violence in the home, plays a major role in their development and physical well-being. Olderchildren can sometimes turn the stress towards behavioral problems. Sometimeschildren who see the abuse turn to drugs, hoping to take the pain away.
      5. Missing Persons
  4. Crime Against Property
    1. E.C. 48905 – Destruction of Employee Property – An employee of a school district whose person or property is injured or damaged by the willful misconduct of a pupil who attends school in such district, when the employee or the employee’s property is (1) located on property owned by the district, (2) being transported to or from an activity sponsored by the district or a school within the district, (3) present at an activity sponsored by such district or school, or (4) otherwise injured or damaged in retaliation for acts lawfully undertaken by the employee in execution of the employee’s duties, may request the school district to pursue legal action against the pupil who caused the injury or damage, or the pupil’s parent or guardian pursuant to Section 48904.
    2. P.C. 594, 594.2, 594.3 – Vandalism
    3. P.C. 469 Keys – Duplication –  Any person who knowingly makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has in his possession any key to a building or other area owned, operated, or controlled by the State of California, any state agency, board, or commission, a county, city, or any public school or community college district without authorization from the person in charge of such building or area or his designated representative and with knowledge of the lack of such authorization is guilty of a misdemeanor.
    4. E.C. 19911 – Destruction of Library Property – Any person who maliciously cuts, tears, defaces, breaks, or injures any book, map, chart, picture, engraving, statue, coin, model, apparatus, or other work of literature, art, mechanics, or object of curiosity, deposited in any public library, gallery, museum, collection, fair, or exhibition, is guilty of a misdemeanor.The parent or guardian of a minor who willfully and maliciously commits any act within the scope of this section shall be liable for all damages so caused by the minor.
    5. P.C. 502 – Computer Crimes
  5. Weapons
    1. P.C. 626.9 – Gun Free School Zone
    2. P.C. 626.95 – Firearms on Playgrounds
    3. P.C. 626.10 – Other Weapons
    4. Injurious Objects
    5. Attorney General Opinion 96-906 – Definition of Possession – expulsion and firearms
  6. Mandatory Reporting
    1. Child Abuse
      1. Reporting – all suspected child abuse must be reported to immediate supervisor or law enforcement.
      2. Recognition – 
        • Shows sudden changes in behavior or school performance;
        • Has not received help for physical or medical problems brought to the parents’ attention;
        • Has learning problems that cannot be attributed to specific physical or psychological causes;
        • Is always watchful, as though preparing for something bad to happen;
        • Lacks adult supervision;
        • Is overly compliant, an overachiever, or too responsible; or
        • Comes to school early, stays late, and does not want to go home.
      3. Campus Procedures
      4. Removal of Child by Peace Officer – E.C. 48906, 87044
      5. K-12 police not authorized for Law Enforcement Notification
    2. Reporting Assaults
      1. E.C. 87014 – Community Colleges
      2. E.C. 44014 – Against Employees – Whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of any person under whose direction or supervision the employee is employed in the public school system who has knowledge of the incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make the report shall be an infraction punishable by a fine of not more than one thousand dollars ($1,000).
      3. E.C. 48902 – Suspended Students
      4. E.C. 76035 – Community Colleges
    3. District Reporting Procedures
  7. Liability
    1. Off campus
    2. On campus
      a. San Francisco v. Peterson
    3. E.C. 48900: K-12 – Student conduct off campus (portal to portal) A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive
    4. E.C. 44808 – Liability of students off campus Notwithstanding any other provision of this code, no school district, city or county board of education, county superintendent of schools, or any officer or employee of such district or board shall be responsible or in any way liable for the conduct or safety of any pupil of the public schools at any time when such pupil is not on school property, unless such district, board, or person has undertaken to provide transportation for such pupil to and from the school premises, has undertaken a school-sponsored activity off the premises of such school, has otherwise specifically assumed such responsibility or liability or has failed to exercise reasonable care under the circumstances.In the event of such a specific undertaking, the district, board, or person shall be liable or responsible for the conduct or safety of any pupil only while such pupil is or should be under the immediate and direct supervision of an employee of such district or board.