44811.
(a) Any parent, guardian, or other person adult whose conduct in a place where a school employee is required to be in the course of his or her the school employee’s duties materially disrupts classwork or extracurricular activities or involves substantial disorder disorder, including substantial disorder at any meeting of the governing board of a school district, the governing body of a charter school, a county board of education, or the state board, is guilty of a misdemeanor.(b) Any adult who subjects a school employee to harassment or makes a credible threat against the school employee or member of the school employee’s family, while the school employee is away from a schoolsite or after school hours, for reasons related to the school employee’s course of duties, including, but not limited to, instruction pursuant to Sections 51204.5 and 51930, is guilty of a misdemeanor.
(c) For purposes of this section, the following definitions apply:
(1) “Course of conduct” means a pattern of conduct composed of two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(2) “Harassment” means a knowing and willful course of conduct directed at a specific person that seriously alarms, torments, or terrorizes the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.
(3) “Credible threat” means a verbal, written, or electronic communication, a communication implied by a pattern of conduct, or a combination of a verbal, written, or electronic communication and conduct, made with the specific intent to place the person that is the target of the communication in reasonable fear for their safety or the safety of their family, that, on its face and under the circumstances in which it is made, expresses serious intent to commit an act of unlawful violence, and is made by an individual that possesses the apparent ability to carry out the act so as to cause the person who is the target of the communication to reasonably be in a sustained state of fear for their safety or the safety of their family. A credible threat does not require the individual making the communication to actually carry out the act. Constitutionally protected activity is not included within the meaning of “credible threat.”
(4) “School employee” means any employee or official of a school district, a charter school, a county office of education, a county board of education, the state board, or the department.
(b) (d) A violation of subdivision (a) shall be punished as follows:
(1) Upon the first conviction, by a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment.
(2) Upon a second conviction, by imprisonment in a county jail for a period of not less than 10 days, and not more than one year, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000). The defendant shall not be released on probation, or for any other basis until he or she has served not less than 10 days in a county jail.
(3) Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than 90 days, and not more than one year, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000). The defendant shall not be released on probation, or for any other basis until he or she the defendant has served not less than 90 days in a county jail.
(4) Upon a showing of good cause, the court may find that for any mandatory minimum imprisonment specified by paragraph (2) or (3) of this subdivision, the imprisonment shall not be imposed, and the court may grant probation, or the suspension of the execution or imposition of the sentence.
(c) (e) This section shall not apply to any otherwise lawful employee concerted activity, including, but not limited to, picketing and the distribution of handbills.
(f) This section shall not apply to the conduct of a pupil who is an individual with exceptional needs pursuant to subdivision (a) of Section 56026 if it is determined that the pupil’s conduct was caused by, or had a direct and substantial relationship to, the pupil’s disability.