SECTIONS 49330-49335 - California Statutes

EDUCATION CODE

SECTION 49330-49335

49330. As used in this article "injurious object" shall mean those
objects specified in Sections 653k, 12001, 12020, 12220, 12401, and
12402 of the Penal Code, and objects capable of inflicting
substantial bodily damage, not necessary for the academic purpose of
the pupil.
As used in this section, "academic purpose" means any school
sponsored activity or class of instruction scheduled during the
schoolday.
"Injurious object" does not include any personal possessions or
items of apparel which a schoolage child reasonably may be expected
either to have in his or her possession or to wear.

49331. Any certificated employee of any school district and any
classified employee of a school district who is designated by the
governing board for such purposes may take from the personal
possession of any pupil upon school premises or while under the
authority of school personnel any injurious object in the possession
of the pupil.

49332. The parent or guardian of a pupil from whom an injurious
object has been taken pursuant to this section may be notified by
school personnel of the taking.
School personnel may retain protective possession of any injurious
object taken pursuant to this section until the risk of its use as a
weapon has dissipated, unless prior to dissipation of the risk, the
parent or guardian requests that the school personnel retain the
object, in which case, the school personnel shall retain the object
until the parent or guardian or another adult with the written
consent of the parent or guardian appears personally to take
possession of the injurious object from the school personnel.

49333. Notwithstanding Section 49332, a pupil who brings an
injurious object to school, and who presents the object to a
certificated or classified employee, may have the object returned to
him or her at the conclusion of the school day, provided such
injurious object may be lawfully possessed off school grounds.

49334. If a school employee initially notifies a law enforcement
agency regarding a student or adult who possesses an injurious object
while upon school premises or while under the authority of school
personnel, the employee may not be subject to any civil or
administrative proceeding, including any disciplinary action, for
violation of any local policy or procedure relating to the
notification of a law enforcement agency. The employee shall conform
to locally adopted procedures after exercising his or her personal
option to notify a law enforcement agency.

49335. On or before April 1, 2001, the Superintendent of Public
Instruction shall adopt a system that will shield the identity and
provide protection to pupils who report the presence of injurious
objects on school campuses that offer instruction in kindergarten and
any of grades 1 to 12, inclusive.