Quick Links
Modesto Teachers Association · Member Resource

Conduct Code Lookup

Describe what the student did in your own words. This tool surfaces possible matching offenses — it is a keyword search, not a determination. It shows which Conduct Code entries the words could match, what consequence the handbook prescribes for a first, second, and third offense, and what the Education Code says about suspension — which is not always what the handbook implies. Which offense actually applies turns on facts the search cannot see.

Read the color of each answer, not just the answer. Grey blocks are the handbook and purple blocks are the Education Code, both quoted as source-faithful excerpts — brackets and ellipses mark editorial joins and omissions. Blue dashed blocks are MTA’s analysis — useful, arguable, and not something you should attribute to the District. Nothing here is legal advice, and nothing here substitutes for calling the MTA office when a member is in a discipline meeting.
Try:

    Reference

    The rules that sit behind every entry above.

    Your authority as the teacher — and the five-day answer you are owed on a defiance or disruption referral

    The statutory bar on suspending students for defiance and disruption is written as a limit on the school. Every paragraph of it opens the same way: “Except as provided in Section 48910.” Section 48910 is your authority. It survives the bar.

    EC § 48910(a) — your own authority, which the (k) suspension bar does not touchA teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the designee of the principal for appropriate action. … As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a school psychologist may attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal.
    EC § 48910(b)A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended.
    EC § 48910(c)A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or the designee of the principal for consideration of a suspension from the school.
    Scope of the five-business-day duty — read this before relying on itADDED BY MTA; not statutory text. The five-business-day documentation and response duty below is not a universal deadline for every teacher referral. EC § 48900(k)(5) attaches only to a referral for the acts enumerated in EC § 48900(k)(1) — disrupting school activities, or willfully defying valid authority — where the employee is asking for in-school interventions or supports. A referral for a fight, a weapon, or a controlled substance is governed by EC §§ 48910 and 48911 instead, and neither sets an equivalent five-day clock.
    EC § 48900(k)(5)(A) — your referral right on defiance and disruptionA certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
    EC § 48900(k)(5)(B) — the answer the administrator owes you, in five business daysA school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupil’s record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
    Handbook p. 60 — Suspension from Class [general referral authority; see the scope note above]A teacher may suspend any pupil from the teacher’s class for any violation of EC § 48900, for the day of the suspension and the day following. The teacher shall send the pupil to the principal/designee for appropriate action. If that action requires the continued presence of the pupil at the school site, the pupil shall be under appropriate supervision. As soon as possible, the teacher shall ask the parent/guardian of the pupil to attend a parent/teacher conference regarding the suspension. If an in-person conference cannot be arranged, a telephone conference may be substituted. A school administrator shall attend the conference if the teacher or parent/guardian so requests. The pupil shall not be returned to the class during the period of suspension without the concurrence of the teacher and the principal. A pupil suspended from a class shall not be placed in another regular class during the period of suspension.
    Other means of correction — the complete statutory list

    Where the handbook says “behavioral interventions and/or other alternative means of correction,” this is the list the statute is pointing at. EC § 48900.5(b) opens “Other means of correction include, but are not limited to, the following” — so the list is a floor, not a ceiling. All nine items are reproduced.

    1. A conference between school personnel, the pupil’s parent or guardian, and the pupil.
    2. Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
    3. Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and the pupil’s parents.
    4. Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)).
    5. Enrollment in a program for teaching prosocial behavior or anger management.
    6. Participation in a restorative justice program.
    7. A positive behavior support approach with tiered interventions that occur during the schoolday on campus.
    8. After school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups.
    9. Any of the alternatives described in Section 48900.6.
    How the handbook says consequences escalate
    Handbook p. 34 and p. 42 — how Level I consequences are meant to escalate [the two grade spans’ lists are joined here; the bracketed grade labels are editorial]WITH THE EXCEPTION OF SERIOUS VIOLATIONS OF THE STUDENT CONDUCT CODE, CORRECTIVE MEASURES WILL NORMALLY BEGIN AT A MINIMAL LEVEL AND THEN PROCEED TO MORE SERIOUS LEVELS. THESE PROCEDURES MAY INCLUDE BUT ARE NOT LIMITED TO: COUNSELING, PARENT CONFERENCE, BEHAVIOR PLAN, CLASSROOM INTERVENTIONS, COMMUNITY SERVICE, RESTITUTION, CONFLICT RESOLUTION, PARENT SUPERVISION IN SCHOOL, DETENTION, LOSS OF SCHOOL PRIVILEGES, CLASS SUSPENSION, BEHAVIOR CONTRACT, SATURDAY SCHOOL, PARTNERED CLASSROOM [TK-6] / INTERVENTION CENTER (IC) [7-12], HOME SUSPENSION, ALTERNATIVE EDUCATION TRANSFER, EXPULSION RECOMMENDATION.
    Handbook p. 34 and p. 42 — first-offense suspensionSTUDENTS MAY BE SUSPENDED ON THE FIRST OFFENSE IF IT IS DETERMINED THAT THE PUPIL’S PRESENCE CAUSES A DANGER TO PERSONS. EC § 48900.5
    Handbook p. 34 and p. 42 — gang-related offensesGANG-RELATED OFFENSES: A STUDENT MAY BE SUSPENDED FOR FIVE DAYS ON THE FIRST OFFENSE AND RECOMMENDED FOR AN ALTERNATIVE EDUCATION PLACEMENT OR EXPULSION.
    Handbook p. 34 and p. 42 — the named-offense exceptionOFFENSES 1-3, 7-8, AND 25-28 ONLY: IF THE SERIOUSNESS OF THE ACT LEADS TO A DETERMINATION THAT THE PRESENCE OF THE STUDENT CAUSES A DANGER TO PERSONS, THE STUDENT MAY BE RECOMMENDED FOR AN ALTERNATIVE EDUCATION PLACEMENT OR EXPULSION ON THE FIRST OR SUCCEEDING OFFENSES.
    Handbook p. 32 — how the offense count worksConsequences are determined by the number of violations occurring in one school year with the exception of: TK-6 Offenses 4, 5, 7, 20, and 24 / 7-12 Offenses 4, 5, 7, 21, and 25. Prior offenses may warrant consequences starting at Step 2. A school may have additional rules unique to its site as long as they do not conflict with the Conduct Code. EC § 35291.5
    Handbook p. 32 — the 20-day transfer triggerStudents who accumulate 20 days of home suspension are subject to involuntary transfer to an alternative program.
    EC § 48903(a) — the statutory cap, which is a different rule from the trigger aboveExcept as provided in subdivision (g) of Section 48911 and in Section 48912, the total number of days for which a pupil may be suspended from school shall not exceed 20 schooldays in any school year, unless for purposes of adjustment, a pupil enrolls in or is transferred to another regular school, an opportunity school or class, or a continuation education school or class, in which case the total number of schooldays for which the pupil may be suspended shall not exceed 30 days in any school year.
    EC § 48903(b)For the purposes of this section, a school district may count suspensions that occur while a pupil is enrolled in another school district toward the maximum number of days for which a pupil may be suspended in any school year.
    Handbook p. 32 — offenses not listed in the Conduct CodeDisciplinary action will be taken if a student’s behavior is disruptive to the instructional process or poses a danger to persons or property, even if the offense is not specifically defined in this Conduct Code.
    Handbook p. 32 — when the Conduct Code reaches the conductNo pupil shall be suspended or expelled for any of the acts enumerated unless the act is related to school activity or school attendance. EC § 48900. A pupil may be suspended or expelled for acts which are enumerated in this section and related to school activity or attendance which occur at any time, including, but not limited to, any of the following: A. While on school grounds. B. While going to or coming from school. C. During the lunch period, whether on or off the campus. D. During, or while going to, or coming from, a school-sponsored activity.
    Due process, notice, and the appeal clock
    Handbook p. 58 — the conference that must come firstSuspension by the principal/designee, or the superintendent, shall be preceded by an informal conference which is conducted by the principal or his/her/their designee between the pupil and, whenever practicable, the teacher, supervisor, or school employee who referred the pupil to the principal. At the conference, the pupil shall be informed of the reason for the disciplinary action and the evidence against him or her, and shall be given the opportunity to present his/her/their defense. EC 48911 (b)
    Handbook p. 58 — the emergency exceptionA principal/designee, or the superintendent, may suspend a pupil without affording the pupil an opportunity for a conference only if the principal or his/her/their designee determines that an “emergency situation” exists. If a pupil is suspended without a conference prior to a suspension, both the parent and pupil shall be notified of the pupil’s right to such a conference and the pupil’s right to return to school for such purpose. The conference shall be held within two (2) school days, unless the pupil waives his right or is physically unable to attend for any reason, including, but not limited to, incarceration or hospitalization. EC § 48911(c)
    Handbook p. 58 — parent notificationAt the time of suspension, a school employee shall make a reasonable effort to contact the pupil’s parent or guardian in person or by telephone. EC § 48911(d) … Whenever a pupil is suspended from school, the parent or guardian shall be notified in writing of the suspension. EC § 48911(d)
    Handbook p. 58 — the appeal, and its five-day clockThe pupil or the pupil’s parent or guardian has the right to appeal the suspension to the building principal, whose decision will be final. A meeting must be requested within five (5) school days following the first day of suspension.
    Handbook p. 58 — what happens during the appealStudents remain on suspension through the appeal process. If the suspension is overturned by the principal, all information related to the suspension will be deleted from the pupil’s record.
    Handbook p. 60 — detention after school1. Students may be detained after school for up to 15 minutes without prior notice to the parents. 2. Detention from 16 to 30 minutes requires a reasonable effort to give prior notice to the parent. 3. Detention longer than 30 minutes requires prior notice to the parent. 4. Prior notice includes telephone calls. 5. Regardless of the length of detention, prior notice to parents must occur in cases where detention will cause a student to miss the school bus.
    Reading the labels on this page
    HandbookReproduced from the Modesto City Schools 2026–2027 Student Handbook & Conduct Code, with the handbook’s own page number. Modal verbs are not adjusted: where the handbook says “may” it is not rendered “must.” Square brackets mark an editorial join where one block covers both grade spans; an ellipsis marks an omission.
    Education CodeReproduced from the California Education Code as published by the Legislature, verbatim except where an ellipsis marks an omission. Where the handbook and the statute differ on an offense in this list, both are shown and the difference is named. The due-process panel reproduces the handbook’s own summary of EC § 48911 rather than the statute; read the section itself before relying on it.
    Added by MTAOur reading, our cross-references, our practical guidance. Argue from it, but do not cite it as the District’s position.
    Suspension availableThe offense rests on a section that carries no suspension bar. Open the entry to see which section, and whether an expulsion recommendation is discretionary, presumed, or not authorized at all.
    Suspension only after other means failEC § 48900.5(a) requires other means of correction first, unless the principal or superintendent determines that the pupil “violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons.” The two prongs are in the alternative.
    Depends on the statutory basisThe handbook cites both a ground that carries the EC § 48900(k) suspension bar and a ground that does not, or the entry’s own text points at conduct that independently satisfies a suspendable subdivision. Which ground the site charges decides the answer, and that turns on the facts. On TK–6 rows the barred label reads “K–6 barred; TK unresolved,” because the statute names kindergarten and grades 1 to 12 and never names transitional kindergarten.
    School suspension barredThe offense rests on EC § 48900(k)(1). Home suspension is barred for kindergarten and grades 1 to 12, and EC § 48900(k)(2) bars an expulsion recommendation for the same grades. Two limits ride on that: the suspension bar for grades 6 to 12 is “inoperative on July 1, 2029,” and the statute does not name transitional kindergarten. Class suspension under EC § 48910 is not barred.
    Suspension and expulsion mandatoryEC § 48915(c): the principal shall immediately suspend and shall recommend expulsion, and the Board shall order it.
    Not a statutory suspension groundThe offense is not one of the acts enumerated in EC § 48900 — either the cited authority sits outside that section, or the handbook cites no Education Code section at all. It is not on its own a basis for suspension.

    Sources. Modesto City Schools 2026–2027 Student Handbook & Conduct Code (the District posts the PDF here), Code of Conduct pages 32–33 (Behavior Expectations & Consequences), 34–41 (TK–6 Levels I–III), 42–49 (7–12 Levels I–III), and 58–60 (Right of Appeal & Due Process). California Education Code §§ 48900, 48900.2, 48900.3, 48900.4, 48900.5, 48900.7, 48901.5, 48910, 48911, and 48915, as published by the California Legislature. EC § 48900 as amended by Stats. 2024, Ch. 840, Sec. 1 (AB 2711), effective January 1, 2025.

    What this tool does not do. It does not tell you what a principal will decide. The handbook assigns discretion to site administrators in most Level I entries, and both the handbook and the statute let a first offense be treated as a later one in defined circumstances. It does not cover attendance and truancy consequences, or classroom citizenship marks. It does not reproduce the extracurricular and co-curricular eligibility rules, though two 7–12 entries carry the handbook’s own note that completing a district-approved intervention program cuts extracurricular ineligibility from eighteen school weeks to nine. Dress and grooming appears here only as the Conduct Code offense it is; the separate dress code standards and AR 5132 are not reproduced. It does not address the additional procedural protections owed to students with IEPs or Section 504 plans, which can change the answer entirely.

    Accuracy. Grey and purple blocks are source-faithful excerpts; brackets and ellipses identify editorial joins or omissions. If you find a quotation that does not match the source, that is a defect worth reporting to the MTA office — a single misquoted obligation is enough for a district to discount the rest. Every statute cited on this page links to the Legislature’s own text, and every handbook page cite links to the District’s document page — check them.

    Prepared for MTA members. Not legal advice. Contact the MTA office before a member enters a discipline meeting.