Ed Codes You Should Know

Navigating the California Education Code is crucial for teachers to ensure they're providing the best possible education while staying within legal bounds. Here are five key areas teachers should be particularly aware of:

1. Mandated reporting of child abuse and neglect (Penal Code § 11164 et seq.)

Teachers are explicitly identified as mandated reporters, obligated to report any suspected or known instances of child abuse or neglect.
It's not the teacher's responsibility to determine the validity of the allegations; if there's a reasonable suspicion or a student discloses information suggesting abuse, a report must be made.
Let your administrator know ASAP and call the Child Protection Hotline for a consultation - 800.540.4000
School districts are required to provide annual training on child abuse and neglect identification and reporting to all employees whose duties bring them into direct contact with students.

2. Student discipline and rights (Education Code Sections 48900-48900.7 and others)

Teachers have the right to suspend students from their class for infractions outlined in the Education Code, particularly when other corrective measures have been unsuccessful.
However, it's essential to remember that suspension should generally be a last resort, and other positive, non-exclusionary practices should be explored first.
Teachers should be familiar with the specific grounds for suspension, as outlined in EC 48900, which includes acts related to causing injury, possessing weapons, and engaging in certain forms of harassment.
Recent amendments (like SB 274 effective July 1, 2024) have further limited suspensions for "willful defiance," especially for certain student groups, and promote restorative justice practices.

3. Special education and Individualized Education Programs (IEPs) (Education Code Section 56341 and others)

Teachers are integral members of the IEP team for students in their classes who are, or may be, receiving special education services.
As part of the IEP team, teachers are expected to collaborate in developing, reviewing, and revising IEPs to ensure students with exceptional needs receive appropriate education and support.
Teachers must be notified in advance of the placement of a student with an IEP in their class and informed of their responsibilities related to implementing the IEP.
Teachers also have the right to request training, support, and services to effectively implement a student's IEP, particularly if they feel they lack the necessary tools or expertise.

4. Final Grading Policy (Education Code Section 49066 and others)

Instructor's Authority: The instructor has the primary responsibility for assigning grades.
Finality of Grades: Unless there are specific reasons, a grade assigned by the instructor is considered final.
District Administration and the School Board are responsible for establishing grading policies, but they cannot change a student's grade.