1. (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. (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. (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.

2. (b) Applicable violations include:

   1. (1) Assault or battery upon a school employee (Education Code section 48915(a)(5));
   2. (2) Brandishing a knife (Education Code section 48915(c)(2));
   3. (3) Causing serious physical injury to another person, except in self-defense (Education Code section 48915(a)(1));
   4. (4) Hate violence (Education Code section 48900.3);
   5. (5) Possessing, selling or furnishing a firearm (Education Code section 48915(c)(1));
   6. (6) Possession of an explosive (Education Code section 48915(c)(5));
   7. (7) Robbery or extortion (Education Code section 48915(a)(4));
   8. (8) Selling a controlled substance (Education Code section 48915(c)(3)); and
   9. (9) Sexual assault or sexual battery (Education Code section 48915(c)(4)).
3. (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).

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.

History

1. New subchapter 23 (sections 11992-11994) and section filed 6-23-2005; operative 7-23-2005 (Register 2005, No. 25).