School Suspension Or Expulsion For Bullying

Do you remember the school bully?  Or, maybe you have seen movie depictions such as the red haired youth with his raccoon fur hat who terrorizes the main character, Ralphie, in A Christmas Story.  Bullying can occur anywhere in schools: in the classroom, in the bathroom, in the office, behind a building, on a field trip, on the way to or from school — wherever students interact.  Bullying conduct, or actions that someone says are bullying, may result in a student being suspended or expelled. 

Per California Education Code section 48900(r), students who bully can be removed from school. Bullying is defined generally as:

When implemented, the legislature did attempt to limit the application of this statute to require “substantial” interference in three out of four of the categories.  However, they did not provide a definition as far as what amounts to “substantial interference,” nor explain what a “substantially detrimental effect” to a reasonable student might be.  


The overbroadness of this statute means that practically anything can come under the “bullying” heading as many things kids do could put almost anyone “in fear of harm.” 

Unfortunately, when disciplining students, schools require a low level of proof that an offense has occurred.  He who speaks first is believed.  And it does not help matters that expulsion hearings are usually in front of a panel of hand-picked District employees who will hear and decide on the matter.


The many ways actual and perceived bullying can manifest in school would be a good topic to go over with kids, so they can avoid a suspension or expulsion, as well as report bullying if seen to start the mandated investigation of process so they can help prevent it.  If you find your child being punished for “bullying,” don’t fear: with a thorough review of the legal codes and evidence, you just may show no bullying actually occurred. 

[This communication may be considered a
communication/solicitation for services]