Teacher's Right to Suspend

There seems to be continued confusion about who can and cannot suspend a student. AB420 has put restrictions and under what conditions an ADMINISTRATOR may suspend and / or expel a student especially as it pertains to defiance or disruptive behavior.
These changes do not impact a teacher’s right to suspend from the classroom. Suspending for disruptive behavior or acts of defiance remains in Ed Code as a reason for which a teacher can suspend for that day and the following day.

Below are the applicable Ed Codes:
AB 420 Section k (2) maintains the ability for a teacher to suspend a student in any grade level from class for the day of the suspension and the following day as per Education Code 48910 below.

(a) A 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. If that action requires the continued presence of the pupil at the school site, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. 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.

(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.

(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. (Amended by Stats. 2004, Ch. 895, Sec. 10. Effective January 1, 2005.)