What does it take to issue a valid school suspension?  Does a student have to DO something, or can they just be near someone who does something? 

Over the years, I have seen bystanders (aka witnesses) punished by schools when they did nothing but watch others do wrong.  When are students who witness a wrong done by another guilty of an offense which can be properly punished by a school? 

Education Code Limits What Is Suspendable

The California Education Code lists out all the potential areas for which a student may be suspended or expelled.  It also lists out things that schools CANNOT punish students for.  Things not listed as suspension-eligible offenses are also not suspendable.  Schools are limited by these state laws, voted in by our legislature.  Of course, the codes can be vague, and cover a LOT of areas of alleged wrong, from arranging a drug sale, to possession of nicotine products.  

Are Bystanders Guilty of An Offense?

But what about bystanders or witnesses to an event?  What about the kid who watches as someone sells drugs to another but says nothing?  Or, the students who run to a fight and just stand there? 

I have seen schools punish students by association, believing as they participated in the wrongful action.  

If a school validates the student did not actually commit a wrong, most just obtain their statement and don’t suspend the innocent student.  

Some, however, do.

Observing a Fight?

A prime example I have seen is a school which suspended students observe a fight and are thereafter suspended. 

It seems that the school morphs a kid standing near a fight into an offender. I disagree strongly that standing near someone committing an actual prohibited act makes a student guilty of a wrong. 

Under Education Code section 48900(k), students may no longer be suspended for willful defiance or disruption and it is highly doubtful a bystander offense could fit under another Education Code section.  Standing near a fight also may be protected speech or association under the First Amendment.  

Suspensions Should Be Challenged

These types of alleged bystander offenses should be challenged by parents.  A suspension appeal can be filed, or a response to the discipline.

The only disclaimer here, is the fact that California courts have sided with the schools, even for offenses which don’t “fit” in delineated offenses, such as restricting students’ ability to wear an American Flag shirt on Cinco de Mayo, to prevent alleged gang issues. 

So, although I see no grounds for bystander offenses, the courts sometimes surprise you, supporting an almost dictatorial control over all students under a school’s authority.