Section 11992 - Provisions(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).Cal. Code Regs. Tit. 5, § 11992
1. New subchapter 23 (sections 11992-11994) and section filed 6-23-2005; operative 7-23-2005 (Register 2005, No. 25). 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.
1. New subchapter 23 (sections 11992-11994) and section filed 6-23-2005; operative 7-23-2005 (Register 2005, No. 25).