California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 23 - Defining Persistently Dangerous Public Elementary and Secondary Schools › Section 11993 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Assault" means
				  an unlawful attempt, coupled with a present ability, to commit a violent injury
				  on the person of another (Penal Code section
				  240).
(b) "Battery" means any willful and unlawful
				  use of force or violence upon the person of another (Penal Code section
				  242).
(c) "Controlled substance" means all
				  controlled substances listed in chapter 2 of division 10 of the Health and
				  Safety Code (commencing with section
				  11053).
(d) "Firearm" means handgun, rifle, shotgun
				  or other type of firearm (section
				  921(a)(3) of
				  title 18, United States Code).
(e)
				  "Firearm violation" means unlawfully bringing or possessing a firearm, as
				  defined in subsection (d), on school grounds or during a school-sponsored
				  activity.
(f) "Explosive" means a
				  destructive device (title 18, section
				  921(a)(4), United
				  States Code).
(g) "Expulsion" means
				  an expulsion ordered by the local educational agency's governing board
				  regardless of whether it is suspended, modified, or stipulated.
(h) "Extortion" means acts described in Penal
				  Code sections
				  71,
				  518, and
				  519.
(i) "Fiscal year" means the period of July 1
				  through June 30 (Education Code section
				  37200).
(j) "Hate violence" means any act punishable
				  under Penal Code section
				  422.6.
(k) An "incident" of a firearm violation by
				  non-student(s) for the purpose of section
				  11992 is an event on school grounds
				  during school hours, or at a school-sponsored activity, involving a person or
				  persons not enrolled in the school who unlawfully brings or possesses a
				  handgun, rifle, shotgun, or other type of firearm. An event shall be counted as
				  a single incident when it happens at the same time in the same location,
				  regardless of the number of non-students involved. School site administrators
				  or designees are responsible for documenting the incident and reporting the
				  incident to the local educational agency (LEA) staff who are responsible for
				  collecting expulsion data.
(l)
				  "Knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade
				  fitted primarily for stabbing, a weapon with a blade fitted primarily for
				  stabbing, a weapon with a blade longer than 3 1/2 inches, a folding knife with
				  a blade that locks into place, or a razor with an unguarded blade.
(m) "Non-student" means a person, regardless
				  of age, not enrolled in the school or program reporting the
				  violation.
(n) "On school grounds"
				  means the immediate area surrounding the school including, but not limited to,
				  the school building, the gymnasium, athletic fields, and the site parking
				  lots.
(o) "Robbery" means acts
				  described in Penal Code sections
				  211 and
				  212.
(p) A "school sponsored activity" means any
				  event on the grounds of the school district supervised by district staff at
				  which students are present, including transportation to and from
				  school.
(q) "Serious physical
				  injury" means serious impairment of physical condition, including, but not
				  limited to, the following: loss of consciousness; concussion; bone fracture;
				  protracted loss or impairment of function of any bodily member or organ; a
				  wound requiring extensive suturing; and serious disfigurement (this is the same
				  definition as described in "serious bodily injury" in Penal Code section
				  243(f)(4)).
(r) "Sexual assault" means acts defined in
				  Penal Code sections
				  261,
				  266(c),
				  286,
				  288a,
				  288(a-c),
				  and
				  289.
(s) "Sexual battery" means acts defined in
				  Penal Code section
				  243.4.
(t) "Enrolled students", for the purpose of
				  subsections
				  11992(a)(1) and
				  11992(a)(2), means
				  students included in the most current California Basic Educational Data System
				  (CBEDS) report for the school.
(u)
				  "During school hours" means from thirty minutes before the initial school bell
				  to thirty minutes after the closing school bell.
1. New
					 section filed 6-23-2005; operative 7-23-2005 (Register 2005, No.
					 25).
Note: Authority cited: Section
						33031,
						Education Code; Reference: Sections
						37200 and
						48915(g),
						Education Code; Sections
						11053-
						11058,
						Health and Safety Code; and Sections
						71,
						211,
						212,
						240,
						242,
						243(f)(4),
						243.4,
						261,
						266(c),
						286,
						288a,
						288(a-c),
						289,
						422.6,
						518 and
						519, Penal
						Code.