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SAN JUAN TEACHERS ASSOCIATION

Mike & Me

by Mike McCallum and Robin Thompson

 

Mike and Me

THE LAW OFFICE OF
MICHAEL N. McCALLUM

Michael N. McCallum has been practicing law for the past eleven years. Prior to opening up his own office, he was a partner in the law firm of Maredyth & McCallum, LLP. Mike's office is located next door to the San Juan Teachers Association, at 5820 Landis Avenue, Suite 3, in Carmichael. Working with Mike, are Robin Thompson, an Education Law Paralegal for more than fifteen years, and Candace Wells, our Legal Assistant. The Law Office of Michael N. McCallum handles employment-related matters for members of the California Teachers Association and provides free half-hour consultations to CTA members regarding non-job matters. In addition, our practice includes family law, wills and trusts, and misdemeanor criminal representation. If you have a legal matter you wish to discuss with Mr. McCallum, please contact SJTA to schedule an appointment.

Know Your Rights and Duties Regarding Student Behavior

As a teacher, you have the right to know if one of your students has previously engaged in, or is reasonably expected to have engaged in various forms of misconduct. Education Code section 49079 requires a school district to inform the teacher if his/her student has:

  1. caused, attempted to cause, or threatened to cause physical injury to another person;
  2. willfully used force or violence upon another person (except in self-defense);
  3. possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object;
  4. unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of a controlled substance;
  5. unlawfully offered, arranged, or negotiated to sell an alcoholic beverage or other liquid intoxicant;
  6. committed or attempted to commit robbery or extortion;
  7. caused or attempted to cause damage to school or private property;
  8. stolen or attempted to steal school property or private property;
  9. committed an obscene act or engaged in habitual profanity or vulgarity;
  10. unlawfully possessed or unlawfully offered, arranged or negotiated to sell drug paraphernalia;
  11. disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, or other school officials;
  12. knowingly received stolen school property or private property;
  13. possessed an imitation firearm which would lead a reasonable person to conclude that the replica is a firearm;
  14. committed or attempted to commit sexual assault;
  15. harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness;
  16. unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma;
  17. engaged in, or attempted to engage in, hazing;
  18. engaged in an act of bullying, including, but not limited to, bullying committed by means an electronic act, directed specifically toward a pupil or school personnel;
  19. has made a terroristic threat against school officials or school property;
  20. intentionally engaged in harassment, threats, or intimidation, directed against school personnel or students that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and creating an intimidating or hostile educational environment; and,
  21. for students in grades 4-12, has caused, attempted to cause, threatened to cause, or participated in an act of hate violence or has committed sexual harassment.

A school district officer or employee who knowingly fails to provide information to the teacher about a pupil who has engaged in, or who is suspected to have engaged in, these acts is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed $1000, or both. Please note that information received by the teacher regarding student acts of misconduct is not to be further disseminated by the teacher.

In addition to your right to know about the serious acts of misconduct committed by your students, school employees also have a duty to report to law enforcement if they are attacked, assaulted, or physically threatened by any pupil. Education Code section 44014 requires a school employee to Apromptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make this required report is an infraction punishable by a fine of not more than $1000. It should be noted that compliance with school district procedures related to reporting of such incidents shall not exempt a person under a duty to make the report from making the report. Further, section 44014 prohibits any school board member, superintendent or other school district employee from inhibiting or impeding the making of the report to law enforcement. Any such attempt to prevent the teacher from making the required report is an infraction, punishable by a fine of not less than $500 and not more than $1000. Finally, the law prohibits the imposition of any discipline against a person under duty to make the required report.