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§ 11992. Provisions.

5 CA ADC § 11992Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 5. Education
Division 1. California Department of Education
Chapter 11. Special Programs
Subchapter 23. Defining Persistently Dangerous Public Elementary and Secondary Schools
5 CCR § 11992
§ 11992. Provisions.
Currentness
(a) A California public elementary or secondary school is “persistently dangerous” if, in each of three consecutive fiscal years, one of the following criteria has been met:
(1) For a school of fewer than 300 enrolled students, the number of incidents of firearm violations committed by non-students on school grounds during school hours or during a school-sponsored activity, plus the number of student expulsions for any of the violations delineated in subsection (b) is greater than three.
(2) For a larger school, the number of incidents of firearm violations committed by non-students on school grounds during school hours or during a school-sponsored activity, plus the number of student expulsions for any of the violations delineated in subsection (b) is greater than one per 100 enrolled students or a fraction thereof.
(b) Applicable violations include:
(1) Assault or battery upon a school employee (Education Code section 48915(a)(5));
(2) Brandishing a knife (Education Code section 48915(c)(2));
(3) Causing serious physical injury to another person, except in self-defense (Education Code section 48915(a)(1));
(4) Hate violence (Education Code section 48900.3);
(5) Possessing, selling or furnishing a firearm (Education Code section 48915(c)(1));
(6) Possession of an explosive (Education Code section 48915(c)(5));
(7) Robbery or extortion (Education Code section 48915(a)(4));
(8) Selling a controlled substance (Education Code section 48915(c)(3)); and
(9) Sexual assault or sexual battery (Education Code section 48915(c)(4)).
(c) In instances where a student committed a violation enumerated in subsection (b) for which expulsion proceedings would have been instituted, but is no longer a student and therefore cannot be expelled, that violation must be reported in the total number of incidents and expulsions referenced in subsection (a).

Credits

Note: Authority cited: Section 33031, Education Code; Reference: Sections 48900.3, 48915(a)(1), 48915(a)(4), 48915(a)(5), 48915(c)(1), 48915(c)(2), 48915(c)(3), 48915(c)(4) and 48915(c)(5), Education Code; Public Law 107-110, Title IX, Part E, Subpart 2, Section 9532; and 20 USC Section 7912.
History
1. New subchapter 23 (sections 11992-11994) and section filed 6-23-2005; operative 7-23-2005 (Register 2005, No. 25).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 5, § 11992, 5 CA ADC § 11992
End of Document