minating or “in any manner discriminat- ing against an employee who is the parent or guardian of a pupil for taking time off to appear in the school of a pupil pursuant to a request made under Section 48900.1 of the Education Code.” Section 230.7 authorizes reimbursement for lost wages and work benefits as well as reinstatement if a parent was terminated by the employer. Like the community service option, there is no limit to the number of times this provision can be used, although Section 48900.1 requires safeguards in the policy to take into account “reasonable factors that may prevent com- pliance with a notice to attend.”
3. Temporary removal from class Education Code section 48925(d)(3)
authorizes teachers to remove a misbehav- ing child from class for the remainder of the class period. This can be an effective disciplinary alternative for students being disruptive or who just need a “time out,” in lieu of a referral for suspension for “willful defiance.” Section 48925(d)(3) limits the use of this disciplinary method to no more than “once every five schooldays.” Although the authorizing statute seem-
ingly provides few restrictions for its use, there is one ambiguity in the law that should be considered prior to employing temporary removal. A separate statute, Education Code section 46300(a) requires that students be supervised by a certificated employee dur- ing instructional time in order for the school district to collect average daily attendance apportionment. The temporary removal statute, Section
48925(d)(3) doesn’t specify whether a stu- dent removed under that authorization must continue to be supervised by a certificated employee. Therefore, schools may wish to ensure that students temporarily removed from class are supervised by a certificated employee for “silent reading time” or similar for the remainder of the class period when temporarily removed from class.
4. Other means of correction Above are just some examples of disci-
plinary alternatives to suspension. Other disciplinary measures commonly used or specified in the Education Code that are
September/October 2012 35
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designed to keep the pupil in school include limiting recess (Education Code §44807.5), detention, and in-school suspension (Edu- cation Code §48911.1). Lawmakers are also trying to encourage use of a greater variety of disciplinary alternatives to suspension. At press time, the aforementioned AB 1729 proposed to enumerate several more exam- ples of appropriate alternatives to suspen- sion in the Education Code, including:
• Referrals for psychosocial or psycho-
educational assessment; • The use of study teams, guidance teams,
resource panel teams, or other intervention- related teams to address and respond to pupil behavior; • Development and use of behavioral
support plans; • Use of appropriate after-school pro-
grams.
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