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Cal. Educ. Code § 48900.2

Suspension or Expulsion

Applied in 2 court decisions — leading case 545 F. Supp. 2d 1072 - Harper v. Poway Unified School District (2008)

Most recently applied in 545 F. Supp. 2d 1072 - Harper v. Poway Unified School District (February 2008)

Added by Stats. 1992, Ch. 909, Sec. 2

In addition to the reasons specified in Section 48900, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5.

For the purposes of this chapter, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall not apply to pupils enrolled in kindergarten and grades 1 to 3, inclusive.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.