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NUVIEW UNION SCHOOL DISTRICT Jay N. Hoffman, Ed.D., Superintendent August 2010 Dear Parent or Guardian; Federal and state laws require the governing board to notify each parent or guardian of students enrolled in school of the legal rights of parents or guardians relating to the participation of their children or wards in the programs or activities of schools. The law requires each parent or guardian to sign that you have been informed of your rights. Your signature does not give consent for your child or ward to participate in any activity or program in the schools. Please sign on the appropriate line on the receipt of annual notification, and keep a copy of the Parent Rights. Notices will be sent out during the school year concerning items that are explained in the attached pamphlet. The governing board encourages you to read, acknowledge and understand your absolute rights under the laws governing the education of your student. Parents or guardians are urged to fully exercise their rights according to the laws that are explained in the Parents’ or Student’s Rights Requiring Annual Notification attached to this letter. Thank you for your cooperation, Jay N. Hoffman, Ed.D. Superintendent ANNUAL NOTIFICATION --- REQUIRED SIGNATURE OF PARENT OR GUARDIAN Student’s Name ______________________________________Grade____Date_______ Last First MI My signature only shows I have been informed of my rights as a parent or guardian of a public school pupil. My signature does not give consent for my child or ward to participate in any school activity or program. My signature does not deny me the right to refuse to give consent at any later time for my child or ward to participate in any school activity or program. My signature does not deny me the right to give written consent at a later time for my child or ward to participate in any activity or program in public school. SIGNED: _______________________________________________________________ Signature of Parent or Guardian required by Ed. Code 48982 1 ATTENDANCE POLICY In continuing efforts to provide Nuview Union School District students the best education possible, the Governing Board has adopted an attendance policy to improve student attendance. Attendance accounting for a maximum number of absences for students in grades six through twelve shall be based upon period attendance. The sole purpose of this requirement is to emphasize the importance of school attendance. All absences should be cleared through contact with the school attendance clerk. A student who has an injury or a serious illness that requires an absence of seven (7) days or more may be dropped from the regular attendance rolls and placed on home or hospital teaching. Such a student shall not have those days counted in the cumulative total of absences. Other absences due to participation in the following are not counted as absences: authorized school activities school business (counseling, testing, etc.) Absences that are considered excessive beyond five (5) include: illness appearance in court attendance at an employment conference carrying out responsibilities as a custodial parent medical and dental appointment suspension absences family vacation absences; and religious retreats and/or holidays; and unauthorized absences. TRUANCY Students absent without a valid excuse three (3) times during one school year shall be classified as habitually truant. Students who are more that thirty (30) minutes tardy on three (3) or more school days in one school year shall be classified as truant. Such students shall be reported to the Assistant Superintendent of designee. (Education Code 48260) The parent/guardian of a student classified as a truant shall be notified of the following: (Education Code 48260.5): a. The student is truant b. The parent/guardian is obligated to compel the student to attend school c. The parent/guardian who fails to meet this obligation may be guilty of an infraction of the law and subject to prosecution pursuant to Education Code 48290 et seq. d. The parent/guardian has the right to meet with appropriate school personnel to discuss the solution to the student’s truancy. 2 NOTICE OF CONSEQUENCES / GROUNDS FOR EXPULSION: The Governing Board and staff of the Nuview Union School District are committed to keeping our schools safe for all students. It is important that each student understands the consequences of becoming involved in the use and/or possession of a controlled substance (drugs or alcohol) and/or dangerous objects. Any of these offenses will be reported to the proper legal authorities. EXPULSION WILL BE RECOMMENDED UPON THE FIRST OFFENSE FOR VIOLATIONS INVOLVING DRUGS, WEAPONS, EXPLOSIVES, OR ALCOHOL (EDUCATION CODE 48900 B, C, AND D): Using, possessing, selling, furnishing, or being under the influence of any controlled substance (illegal drugs or alcoholic beverage) or intoxicant of any kind. Possessing, selling, or otherwise furnishings any firearm, knife, explosive, or other dangerous object. THESE REGULATIONS APPLY TO STUDENTS IN THE FOLLOWING SITUATIONS: 1. On school ground (this includes the parking lot, as well as vehicles on school property); 2. Going to or coming from school; 3. On lunch break, whether on or off campus; 4. At, going to, or coming from a school-sponsored activity. A STUDENT CAN BE EXPELLED FOR THE FOLLOWING: Causing Serious Physical Harm Willfully Used Force or Violence Threatening to Cause Physical Injury Possessing a Weapon Possessing, Selling, or Furnishing Drugs Robbery or Extortion Sexual Assault/Battery Cause or Attempted to Cause Property Damage Stole or Attempted to Steal Use or Possession of Tobacco Products Committing an Obscene Act Habitual Profanity or Vulgarity Disrupting School Activities Willful Defiance of School Authority Knowingly Received Stolen Property Possessed an Imitation Firearm Harassed, Threatened or Intimidated a Student Witness Retaliating Against a Student Witness Sexual Harassment (Grades 4-12 only) Caused, Attempted to Cause, Threatened to Cause or Participate in an Act of Hate Violence (Grade 4 -12 only) Intentionally Harassed, Threatened or Intimidated a Student or a Group of Students (Grades 4-12 only) Making Terroristic Threats Against School Officials or School Property The Governing Board and Staff of the Nuview Union School District are committed to keeping our schools safe for all students. 3 HEALTH EDUCATION, PUPIL SERVICES, AND PARENTS’ OR STUDENTS’ RIGHTS REQUIRING ANNUAL NOTIFICATION The Nuview Union School District is required to give annual notification to parents regarding certain portions of the instructional program, and matters related to school administration. An acknowledgement of receiving this information is located on the front page of this document. YOU ARE REQUIRED TO SIGN ON THE RECEIPT OF ANNUAL NOTIFICATION stating you have been informed of these rights. If you have questions or concerns, please contact the principal of your child’s school. ACCESS TO INTERNET AND ON-LINE SITES: (E.C. 48980 (i) Commencing July 1, 1998, annual notification shall include a copy of the school district’s written policy adopted pursuant to E.C. 51870.5 regarding access by pupils to Internet and on-line sites. ADVANCED PLACEMENT EXAMINATION FEES: E.C. 48990 (m) Requires annual notification to parent(s) or guardian(s) about the availability of state funds to cover costs of advance placement examination fees pursuant to EC § 52244. Added by SB 1689, Ch. 73, Statutes of 2000. AIDS PREVENTION INSTRUCTION Grades 7-12 inclusive: (E.C. 51201.5 (d) At the beginning of the school year or upon new student enrollment, each parent shall be notified of the purpose of AIDS prevention instruction and of their right to request copies of E.C. 51201.5 and 51553 related to AIDS prevention instruction. The notice shall further specify that any parent may request that his/her child not receive AIDS prevention instruction. ALLOWED ABSENCES: (E.C. 48205) (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to his or her illness. (2) Due to quarantine under the direction of a county or city health officer. (3) For the purpose of having medical, dental, optometric, or chiropractic services rendered. (4) For the purpose of attending the funeral services of a member of his or her immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than 3 days if the service is conducted outside California. (5) For the purpose of jury duty in the manner provided for by law. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. (7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, or attendance at an employment conference, when the pupil’s absence has been requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board. (8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. (b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. (c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. (d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. (e) “Immediate family”, as used in this section, has the same meaning as that set forth in Section 45194, except that references therein to “employee” shall be deemed to be references to “pupil”. Amended by SB 1208, Ch. 312, Statutes of 1999. 4 ASBESTOS: (Asbestos Hazard Emergency Response Act) All schools have been inspected for the existence of asbestos material in compliance with AHERA act. The findings and individual site management plans are available for review by contacting the district Director of Maintenance/Operations. AVAILABILITY OF INDIVIDUALIZED INSTRUCTION: (E.C. 48980 (b) Requires that parents be advised of the availability of individualized instruction as prescribed in Sections 48206.3 et. seq. CALIFORNIA HIGH SCHOOL EXIT EXAM: (E.C. 48980 (e) Each pupil completing 12th grade will be required to successfully pass the high school exit examination administered pursuant to Chapter 8 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination, the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation. School district that receive intensive instruction funds per Education Code section 37254 must ensure that all pupils who have not passed one or both parts of the CAHSEE by the end of grade twelve are notified in writing at the last known address before the end of each school term of the availability of the services in sufficient time to register for or avail themselves of those services each term for two consecutive academic years. Students must also be notified in writing of their right to file a complaint pursuant to the district’s Uniform Complaint Process. This notice must be posted in each school and district office and on the Internet Web site of the school district. Further, the notice must comply with the translation requirements of Section 48985. (Ed. Code §37254 (d) (3).) CAREER COUNSELING: (E.C. 221.5) Requires notification to parents about sex equity related to career counseling and course selection opportunities. Also inform parents of right to participate in counseling sessions and decisions (Note: §221.5 was formerly § 40). CHILD HEALTH AND DISABILITIES PREVENTION: (Health and Safety Code Section 324.2) Information regarding free health screening under California Medical Assistance Program is available upon request. CHILD FIND SYSTEM (Special Education): (E.C. 56301) Requires each school district, special education plan area, or county office to establish written policies and procedures for a continuous child- find system, including children with disabilities who are migrant or homeless or wards of the state and children with disabilities attending private school. Policies and procedures shall include written notification to all parents of their rights pursuant to E.C. 56300 et. seq. and the procedure for initiating a referral for assessment to identify individuals with exceptional needs. CHOOSING YOUR CHILD’S SCHOOL: A Summary of School Attendance Alternatives in California The law (E.C. 48900 (g) requires all school boards to inform each student’s parents/guardians at the beginning of the school year of the various ways in which they may choose schools for their children to attend other than the ones assigned by school districts. Students that attend schools other than those assigned by the districts are referred to as “transfer students” throughout this notification. There is one process for choosing a school within the district that the parents/guardians live (intradistrict transfer), and three separate processes for selecting schools in other districts (interdistrict transfer). The general requirements and limitations of each process are described below. Choosing a School Within the District in Which Parents/Guardians Live The law (E.C. 35160.5(c) requires the school board of each district to establish by July 1, 1994, a policy that allows parents/guardians to choose the schools their children will attend, regardless of where the parents/guardians live in the district. The law limits choice within a school district as follows: Students who live in the attendance area of a school must be given priority to attend that school over students who do not live in the school’s attendance area. In cases in which there are more requests to attend a school than there are openings, the selection process must be “random and unbiased,” which generally means students must be 5 selected through a lottery process rather than on a first-come, first-served basis. A district cannot use a student’s academic or athletic performance as a reason to accept or reject a transfer. Each district must decide the number of openings at each school, which can be filled by transfer students. Each district also has the authority to keep appropriate racial and ethnic balances among its schools, meaning that a district can deny a transfer request if it would upset this balance or would leave the district out of compliance with a court-ordered or voluntary desegregation program. A district is not required to provide transportation assistance to a student that transfers to another school in the district under these provisions. If a transfer is denied, a parent/guardian does not have an automatic right to appeal the decision. A district may, however, voluntarily decide to put in place a process for parents/guardians to appeal a decision. Choosing a School Outside the District in Which Parents/Guardians Live Parents/guardians have three different options for choosing a school outside the district in which they live. The three options are described below: 1. AB 19 Districts of Choice The law (E.C. 48209 trough 48209.16) allows, but does not require each school district to become a “District of choice” that is, a district that accepts transfer students from outside the district under the terms of these Education Code sections. The school board of a district that decides to become a “District of choice” must determine the number of students it is willing to accept in this category each year and make sure that the students are selected through a “random and unbiased” process, which generally means a lottery process. Students may request a transfer into a district of choice by January 1 of the prior school year. If the district a parent/guardian would like his/her child transferred into chooses not to become a “District of choice,” a parent/guardian may not request a transfer under these provisions. However, a parent/guardian may still request a transfer under either the “Other Interdistrict Transfer” or the “Parental Employment in Lieu of Residency” options described below. Other provisions of AB 19 include: Either the district a student would transfer to or the district a student would transfer from may deny a transfer if it will negatively affect the racial and ethnic balance of the district, or a court- ordered or voluntary desegregation plan. The district a student would be leaving may also limit the total number of students transferring out of the district each year to a specified percentage of its total enrollment, depending on the size of the district. No student who currently attends a school or lives within the attendance area of a school can be forced out of that school to make room for a student transferring under these provisions. Siblings of students already attending school in the “District of choice” must be given transfer priority. A parent/guardian may request transportation assistance within the boundaries of the “District of choice.” The district is required to provide transportation only to the extent it already does so. 2. Other Interdistrict Transfers The law (E.C. 46600 through 46221) allows two or more districts to enter into an agreement for the transfer of one or more students for a period of up to five years. New agreements may be entered into for additional periods of up to five years each. The agreement must specify the terms and conditions under which transfers are permitted. There are no statutory limitations on the kinds of terms and conditions districts are allowed to place on transfers. The law on interdistrict transfers also provides for the following: 6 Both the school district and parent/guardian is requesting a transfer to and the one a parent/guardian is transferring from must take into consideration the childcare needs of the student. If the transfer is approved based on childcare needs, the students may be allowed to th stay in the new district or the high school district to which it feeds through the 12 grade, subject to certain conditions. If either district denies a transfer request, a parent/guardian may appeal that decision to the county board of education. There are specified timelines in the law for filing an appeal and for the county board of education to make a decision. No district is required to provide transportation to a student who transfers into the District. 3. Parental Employment in Lieu of Residency Transfers (“Allen Bill Transfer”) The law (E.C. 48204(f) provides that if one or both parents/guardians of an elementary school student are employed in the boundaries of a school district other than the one in which they live, the student may be considered a resident of school district in which his/her parents or guardians work. This code section does not require that a school district automatically accept a student requesting a transfer on this basis, but a student may not be rejected on the basis of race/ethnicity, sex, parental income, academic achievement, or any other “arbitrary” consideration. Other provisions of the E.C. 48204(f) include: Either the district in which the parent/guardian lives or the district in which the parent/guardian works may prohibit the transfer if it is determined that there would be a negative impact on it. The district in which the parent/guardian works may reject a transfer if it determines that the cost of educating the student would be more than the amount of government funds the district would receive for educating the student. This limitation might particularly apply to any special needs student that would require extra services from the district for which the district believes the state aid it would receive would not fully pay. There are set limits (based on total enrollment) on the net numbers of students that may transfer out of a district under this law, unless the district approves a greater number of transfers. There is no required appeal process for a transfer that is denied. However, the district that declines to admit a student must provide in writing to the parent/guardian the specific reasons for denying the transfer. The above summary of the attendance alternatives available to parents/guardians and their children is intended to provide them with an overview of the laws applying to each alternative. Any parents/guardians who are interested in securing more information about these options, districts’ policies or procedures, and timelines for applying for transfers, should contact their own school district, or the district they may be thinking about transferring into. COMMUNICABLE DISEASE/IMMUNIZATIONS: (E.C. 49403) The governing board of the school district will cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in school age children. For that purpose, the board may use any funds, property and personnel of the district and may permit any person licensed as a physician and surgeon to administer an immunizing agent to any pupil whose parents have consented in writing to the administration of an immunizing agent. The Board of Education requires parent/guardians to show evidence of meeting statutory immunization requirements upon entrance into school unless the parent/guardian submits in writing an exception from immunization for medical reasons or personal beliefs. COMPREHENSIVE SCHOOL SAFETY PLAN: (E.C. 35294.6) Each school shall report on the status of its school safety plan, including a description of its key elements in the annual School Accountability 7 Report Card prepared pursuant to Section 33126 and 35256. Added by SB 334, Ch. 996, Statutes of 1999. Requires each school site council or school safety playing committee to notify, in writing, specified persons and entities about the required public meeting to allow members of the public an opportunity to express an opinion about the school plan. Specified persons or entities shall include: representative of the local school employee organization; representative of parent organizations including the parent teacher organization and parent teacher clubs; a representative of the student body government; and all other persons that indicate they want to be notified. (Added SB 1667, Ch. 506, Statutes of 2002.) Requires each school district to annually notify the State Department of Education by October 15, of any school that has not complied with EC 35294.1 CONFIDENTIAL MEDICAL SERVICES INFORMATION: (E.C. 46010.1) The absence of pupils, grades 7-12, for the purpose of obtaining confidential medical services, may be excused by their school district without the consent of their parent/guardian. It is the district’s policy not to release/excuse students from school for any medical purpose without parental or guardian permission or verification. CONTINUING MEDICATION REGIMEN FOR N0NEPISODIC CONDITION: (E.C. 49480) The parent or legal guardian of any public school pupil on a continuing medication regimen for long-term administration of medicine SHALL INFORM THE SCHOOL IN WRITING of the medicine, the current dosage and the name of the supervising physician and the WRITTEN CONSENT of the parent or legal guardian. The school nurse or health technician, or other designated employees of the school, may communicate with the physician and counsel with school personnel regarding the possible effects of the medication on the child’s intellectual, physical and social behavior and behavioral signs and symptoms and adverse side effects, omission or overdose, of such medication on the child. CORPORAL PUNISHMENT: (E.C. 49000-49001) No person employed or engaged in a public school shall inflict, or cause to be inflicted corporal punishment upon a pupil. “Corporal punishment” is defined as the willful infliction of, or willfully causing the infliction of, physical pain in a pupil. DIRECTORY INFORMATION: Student directory information may be released to agencies as permitted by law to include those cooperating normally connected with the activities of a school or school district and to military recruiters. Directory information means one ore more of the following items: student’s name, address, telephone number, date and place of birth, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, awards, received and the most recent public or private school attended by the student. Parents desiring this information not to be so released are required to make this known in writing to their school principal. DISASTER MEDICATIONS: If your child takes a daily medication for a life threatening condition he/she should have enough medication at school (3-7 days advised) in case of a disaster to sustain him/her for a short time. Please contact the health office to request the disaster medication form. Have the form filled out by your physician and signed by you. Return the completed form with the medication to the school nurse as soon as possible. The medication and forms must be updated at least yearly. If you have any questions, please feel free to contact the school nurse. The following section from the California Education Code (49407) is relevant to this issue: “Notwithstanding any provision of any law, no school district, school principal, physician or hospital treating any child enrolled in any school in any district shall be held liable for the reasonable treatment of child without the consent of a parent or guardian of the child when the child is ill or injured during regular school hours, requires reasonable medical treatment and the parent or guardian cannot be reached, unless the parent or guardian has previously filed with the school district a written objection of any medical treatment other than first aid.” DISCIPLINE RULES: (E.C. 35291, 35291.5, 35291.7) Requires school site discipline rules to be established by school committees with specific membership and filed with the governing board. Requires notification to parents and enrollees of site and district rules. 8 DISCRIMINATION: (Title VI, Title IX, Civil Rights Act) The Governing Board recognizes that the District is primarily responsible for complying with applicable state and federal law s and regulations governing educational programs. The District shall investigate complaints in accordance with the District’s Uniform Complaint procedures. The District shall follow Uniform Complaint procedures when addressing alleging unlawful discrimination against any protected group as identified under Education Code 200 and Government Code 11135, including actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or physical or mental disability, or age, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics in any district program or activity that receives or benefits from state financial assistance. (5 CCR4610) Uniform Complaint procedures shall also be used when addressing complaints failure to comply with state and/or federal laws in adult education programs, consolidated categorical aid programs, migrant education, career technical education and career technical and technical training programs, child care and development programs, child nutrition programs and special education programs. (5CCR4610) Complaints related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, and teacher vacancies and misassignments shall be investigated pursuant to the District’s Williams Uniform Complaint procedure. DISTRICT LIABILITY FOR STUDENTS: The school district, governing board, officers and employees shall be held harmless for any injuries caused by students’ negligent acts though committed in carrying out instructor’s request. The school district, governing board, officers and employees shall be held harmless for any loss of personal property or equipment through students’ negligent acts while on school grounds or involvement in any school activity. The above injury or loss of personal property shall be the responsibility of the student’s parents or legal guardians except in instances where negligence can be proved by the appropriate court of jurisdiction. DRESS CODE/GANG APPAREL: (E.C. 35183) Students have a right to make individual choices in regards to clothing, but they must not present a health or safety hazard or a distraction, which would interfere with the educational process. The Superintendent or designee may prohibit student dress as necessary to comply with Board Policy related to gang activity. DRESS CODE/USE OF SUNSCREEN BY PUPILS: (EC 35183.5) Provides for sunscreen by parents, during the school day, without a physician’s note or prescription. Authorizes school sites to establish a policy regarding the use of sunscreen. DUTY CONCERNING CONDUCT OF PUPIL: (E.C. 44807) Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. EMERGENCY INFORMATION: (E.C. 49408) The governing board requires each parent or guardian of a pupil enrolled in a district school to keep an “Emergency Release Card” current at the pupil’s school of attendance, listing the following information: home address, business address and telephone number of the parent or guardian, and the name, address and telephone number of a relative or friend who is authorized to care for the pupil in an emergency situation if the parents or guardian cannot be reached. EXCUSED ABSENCE: (E.C. 46015, 48205) In addition to other legally acceptable absences, a pupil shall be excused from school for specified activities when these cannot be scheduled outside the regular school day. EXCUSE FROM HEALTH, FAMILY LIFE AND SEX EDUCATION: (E.C. 51240 and 51550) On WRITTEN REQUEST of the parent or guardian of any pupil, such pupil shall be excused from any part of instruction in health, family life education and sex education, where such instruction conflicts with the religious training and beliefs or moral convictions of the parents or guardian. NOTIFICATION OF AT 9 LEAST 15 DAYS PRIOR TO THE COMMENCEMENT OF INSTRUCTION IN SEX EDUCATION AND VENEREAL DISEASE INSTRUCTION IS REQUIRED. GRADING OF PUPIL: (E.C. 49066-49067) When grades are given for any course of instruction taught in a school district, the grade given to each pupil shall be the grade determined by the teacher and, in the absence of mistake, fraud, bad faith or incompetence, shall be final. A failure notice is required. GRADE REDUCTION/LOSS OF ACADEMIC CREDIT: (E.C. 48980 (1) District shall notify parent(s) that no pupil shall have grade reduced/loss of credit for any absence or absences excused pursuant to §48205, for missed assignments/tests that can reasonably be provided/completed. GROUNDS FOR SUSPENSION AND EXPULSION: (E.C. 48900) A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: (a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person; (2) Willfully used force or violence upon the person of another, except in self-defense. (b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. (c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. (d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. (e) Committed or attempted to commit robbery or extortion. (f) Caused or attempted to cause damage to school property or private property. (g) Stolen or attempted to steal school property or private property. (h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products. (i) Committed an obscene act or engaged in habitual profanity or vulgarity. (j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. (k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. (l) Knowingly received stolen school property or private property. (m) Possessed an imitation firearm. As used in this section, "imitation firearm" means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. (n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. (o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. (p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. (q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, "hazing" means a method of initiation or pre-initiation into a pupil organization or body, whether or not the 10 organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, "hazing" does not include athletic events or school-sanctioned events. (r) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel. (s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following: (1) While on school grounds. (2) While going to or coming from school. (3) During the lunch period whether on or off the campus. (4) During, or while going to or coming from, a school sponsored activity. (t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). (u) As used in this section, "school property" includes, but is not limited to, electronic files and databases. (v) A superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this section. (w) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. HANDICAPPED PUPILS: (Individuals with Disabilities Act; Federal Regulation Section 121a.504; E.C. 56329, 56380, and 56506) A free and appropriate education, in the least restrictive environment, is offered to all handicapped pupils. Benefits of the entire educational program are not denied handicapped pupils for whom reasonable accommodations can be made. HAZING: (E.C. 32051) No student, or other person in attendance, at any public or private educational institution shall conspire to engage in hazing. HIV/AIDS EDUCATION: (E.C. 51201.5) Instruction is offered to pupils in grades 8 and 10. Parents may request that his/her child not receive such instruction. HOME INSTRUCTION: (E.C. 51802) Home teaching may be provided for reason of physical illness if it is to last longer than three weeks and if it meets the guidelines set forth in district procedures. No pupil shall be required to attend home teaching programs of instruction on Saturday without prior consent of his/her parent or guardian. IMITATION FIREARM: (PC 12550, 12556) A BB device can be considered an imitation firearm. The Penal Code makes it a criminal offense to openly display or expose any imitation firearm in a public place, including a public school. INVESTING FOR FUTURE EDUCATION: (E.C. 47880 (d) Provides that districts may advise parents of the importance of investing for future college or university education for their children. LASER POINTERS (Prohibitions on Sales possession and use): (Penal Code 417.27) It is a crime for any student to possess of a laser pointer on any elementary or secondary school premise, unless 11 possession is for valid instruction. Further prohibits directing the beam of a laser pointer into the eyes of another or into a moving vehicle or into the eyes of a guide dog. Added by AB 293, Ch 621, Statues of 1999. LIABILITY OF PARENT OR GUARDIAN: Any minor who cuts, defaces, or otherwise injures in any way any real or personal property of the school district is liable to suspension or expulsion and the parent or guardian shall be liable for all damages caused by the minor, or for all property loaned to the minor and not returned on demand of a district employee authorized to make such demand. The parent or guardian shall be liable in an amount not to exceed five thousand dollars ($5,000) for the purposes of this paragraph. (E.C. 48904) Any school district or private school whose real or personal property has been willfully cut, defaced or otherwise injured, or whose property is loaned to a pupil and is willfully not returned upon demand of any employee of the district or private school authorized to make the demand may, after affording the pupil his or her due process rights, withhold grades, diploma and transcripts of the pupil responsible for the damages until the pupil or the pupil’s parents or guardian has paid for the damages. MEDICAL AND HOSPITAL SERVICES FOR PUPILS: (E.C. 49407, 49472) The medical costs of pupil accidents are normally the responsibility of the parent or guardian. Pupil accident insurance solves many problems in advance. Every year Riverside County Office of Education provides parents or guardians with applications for school time accident insurance. The contract is made between the parent or guardian and the insurance company. The Riverside County Office of Education only supplies the application forms. This low cost accident insurance helps pay for the medical costs if a child is injured while under the jurisdiction of the school. The principal of your child’s school will provide you with further information and the application form. MEDICAL SERVICES FOR PUPILS: (E.C. 49472) The governing board shall make available opportunities for parents or guardians to purchase injury or accident insurance for pupils while at school sponsored activities or while being transported to or from school, except no pupil shall be compelled to accept such services WITHOUT THE CONSENT of the parent or guardian of such pupil. NO CHILD LEFT BEHIND ACT PROVISIONS: The federal No Child Left Behind Act (“Act”) contains the following parental notice provisions: 1. Teacher qualifications: Under Section 111(h)(6) of the Act, local educational agencies that receive Title I funds must inform parents of their right to request information on the qualifications of their child’s teacher, including at a minimum: Whether the teacher has met state credentialing or license criteria for grade level and subject matter taught; Whether the teacher is teaching under emergency or other graduate certification or degree held; Whether the child is provided services by paraprofessionals, and, if so, their qualifications. The Act also requires that the school district notify parents when their child has been taught for four or more consecutive weeks by a teacher who is not “highly qualified”. A definition of “highly qualified” has been approved by the State Board of Education and has been proposed to the U.S. Department of Education. Although not final, the definition lists the following: Possession of a Baccalaureate; Passage of California’s state test of reading, writing, and mathematics, unless otherwise specified in the Education Code (currently CBEST); Orientation to the subject(s) and grade levels taught; Demonstrated competence of the subjects taught, as measured by: (a) Successful passage of the state-approved subject matter examination(s) aligned with the State Board of Education-approved student content standards, or (b) Successful completion of 18 units of university course work (or the equivalent) in the subject(s) taught that have met state standards adopted by the Commission on Teacher Credentialing and that are aligned with the State Board of Education - approved student content standards, or (c) Teachers serving on teaching assignment options specified in the Education Code (such as vocational education teachers teaching business math). 2. Parents’ Right to Inspect Instructional Materials: All instructional materials, including teacher’s manuals, films, tapes or other supplementary material which will be used in connection with any 12 survey, analysis or evaluation shall be available for inspection by parents or guardians. (20 U.S.C. § 1232H(a)) 3. Parents’ Right to Object to Certain Tests, Exams, Questionnaires, or Surveys: California Education Code section 51513 requires school districts to inform parents that before the school district can administer a test, questionnaire, survey or examination to the child containing questions about the student’s or the parents’ personal beliefs, beliefs or practices in sex or attitudes regarding sex, family life, morality or religion, school districts must first obtain written parental permission. The Act expands on this duty by requiring school districts to notify parents in writing whenever the following types of information are sought by way of a test, questionnaire, survey or exam about a parent or student: political affiliations or beliefs; illegal, anti-social, self-incriminating or demeaning behavior; mental or psychological problems; the identity of the parent or student’s lawyer, physician, or minister (or other relationships that are legally recognized as being privileged); critical appraisals of individuals with whom the student or parents has close family relationships; income (except as required by law to determine eligibility for participation in a program or for receiving financial assistance under such program). Parents have the right to request that such test, questionnaire, survey or examination not be administered to their child. NOTICE OF ALTERNATIVE SCHOOLS: (E.C. 58501) California State Law authorizes all school districts to provide for alternative schools. NOTICE OF FREE AND REDUCED LUNCHES: (E.C. 49520, 59420) Free and reduced-price lunches are available to pupils whose parents qualify. Information regarding qualifications and availability will be distributed to parents. NOTIFICATION OF MINIMUM DAYS AND PUPIL-FREE STAFF DEVELOPMENT DAYS: (E.C. 48980 (c) The notification also shall advise the parents and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. NOTICE OF PARENTS RIGHTS: (E.C.4890 (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1. OPPORTUNITY CLASS: (E.C. 48630) Students may be assigned to opportunity classes or alternative programs at the same school for the same length of day for pupils of the same grade level if assigned by their school guidance committee, and may be removed from such classes if they fail to make adequate progress. PARENT NOTIFICATION: (E.C. 48980) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of its minor pupils regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51240, and 51550, and Chapter 2.3 (commencing with Section 32255) of Part 19. PARENT’S RIGHT TO REFUSE CONSENT TO STUDENT’S PHYSICAL EXAMINATION: (E.C. 49451) A student’s parent or guardian may file annually a statement that he/she will not consent to the physical examination of the student. The student shall be exempt from any physical examination. If the school feels the child may be suffering from a recognized contagious or infectious disease, he shall be sent home and shall not be permitted to return until school authorities are satisfied that any contagious or infectious disease does not exist. 13 PERSONAL BELIEFS: (E.C. 60650) No tests, questionnaire, survey, examination containing any questions about the pupil’s or their parent’s personal beliefs or practices in sex, family life, morality or religion, shall be administered to any pupil in the schools of this district, unless the parent or guardian is notified in writing that such test, questionnaire, survey or examination is to be administered and the parent or guardian of the pupil gives written permission for the pupil to take such test, questionnaire, survey or examination. PESTICIDE NOTICE FOR 2010-2011 SCHOOL YEAR: The Healthy Schools Act of 2000 requires all California school districts to notify parents and guardians of pesticides they expect to apply during the year. We may use one or more of the following pesticides in your school or on your school grounds this coming fiscal year. As part of our Integrated Pest Management Plan, we will use as little pesticide as possible to minimize pest population at District sites. Notices will be posted at least 24 hours in advance of any pesticide used at a site, and all pesticide applications will be scheduled at times when students and staff are NOT present. Pesticides include any chemical used to kill anything from ants to gophers to weeds. All sites are on a monthly exterior treatment schedule below. The pesticide used most in classrooms or kitchens to kill ants is “Maxforce”. This is a very mild, odorless pesticide, which is used on an “as needed” basis only. Parents or guardians may request prior notification of individual pesticide applications at a school site. If you would like to be notified every time we apply a pesticide, contact the site secretary, or the District Office to obtain the “Healthy Schools Act” Request For Individual Pesticide Application Notification form. You can find more information regarding these pesticides and pesticide use reduction at the Department of Pesticide Regulation’s Web site at http://www.cdpr.ca.gov. For questions or detailed information about any pesticide listed below, contact Sivert Nelson, Maintenance/Operations Supervisor at (951) 928-2758 ext. 1504. Name of Pesticide Active Ingredient EcoSmart EcoPCO WPX Thyme Oil/Pyrethrins EcoSmart EcoPCO ACU & 2 Phenethyl Proplonate EcoSmart EcoExempt – D Exempt EcoSmart EcoExemp IC – 2 Exempt All herbicide treatments, which may include the use of pesticides, will be done on scheduled non-student days. All sites are scheduled for monthly perimeter treatments. These scheduled applications will occur at times when students and staff are NOT scheduled to be in attendance. Saturdays have been scheduled for the monthly treatment for the exterior perimeter of each site. PESTICIDE PRODUCTS: (E.C. 17612) Requires school districts to annually notify staff and the parents of all pesticide products expected to be used at the school facility during the year. The notice shall identify the active ingredient(s) in each product and contain the internet access address on information about pesticides pursuant to § 13184 of the Food and Agriculture Code. Added by AB 2260, Ch. 718, Statutes of 2000. PRESCRIBED MEDICATION: (E.C. 49423) Any pupil who is required to take, during the regular school day, medication prescribed for him by a physician, may be assisted by the school nurse or other designated school personnel if the school district receives (1) A WRITTEN STATEMENT from such physician detailing the method, amount, and time schedules by which such medication is to be taken and (2) A WRITTEN STATEMENT from the parent or guardian of the pupil indicating the desire that the school district assist the pupil in the matters set forth in the physician’s statement. Parents or guardians who wish this service to be performed must obtain the official district form from their school of attendance and return it completed to the principal. 14 PRIVATE SCHOOLING FOR THE HANDICAPPED: (E.C. 56365) Every handicapped pupil shall be offered the opportunity of a free and appropriate public education. When no appropriate public program is available, then a program in a private, non-sectarian non-public school may be offered as an alternative at no cost to parents. PSYCHIATRIC TREATMENT: (E.C. 49443) Only with the WRITTEN CONSENT of a parent or guardian may either psychological or psychiatric treatment of such pupil be given at school or a place outside the school, or for placement of such pupil in any other facility for treatment within or outside the attendance area of the school. RELIGIOUS INSTRUCTION: (E.C. 46014) Permissive absence may be granted for governing board approved religious exercises or instruction. REPORT OF MISSING CHILDREN: (E.C. 49370) It is the intent of the legislature that specified persons, including school teachers, administrators, aides, playground workers, and bus drivers, be required to report missing children to a law enforcement agency in a timely manner. Added by SB 570, Ch. 1013, Statues of 1999. REQUIRED PARENTAL ATTENDANCE: (E.C. 48900.1) Whenever a student is suspended from a class because he/she committed an obscene act, engaged in habitual profanity or vulgarity, disrupted school activities or otherwise willfully defied valid staff authority, the teacher of the class from which the student was suspended may require the student’s parent/guardian to attend a portion of a school day in that class. After completing the classroom visit and before leaving school premises, the parent/guardian also shall meet with the principal or designee. RULES AND REGULATIONS REGARDING DISCIPLINE: (E.C. 35291 and 48900) The governing board of each school district shall prescribe rules not inconsistent with law or the State Board of Education. Each principal shall take steps to ensure that all rules pertaining to the discipline of pupils is communicated to students at the beginning of each school year and to transfer students when enrolled. SCHOOL ACCOUNTABILITY REPORT CARD: (E.C. 35256) Report cards are made available on the district website, located at www.nuview.k12.ca.us. A copy of the SARC will be provided upon request at the school site and/or the District Office. SCHOOL ATTENDANCE REVIEW BOARD: (E.C. 35146) If any pupil is habitually truant, is habitually insubordinate or disorderly during attendance at school, the student may be referred to a school attendance review board, the school district SHALL NOTIFY IN WRITING the parents or guardians of the pupil of the name and address of the board and the reason for such referral. THEN NOTICE SHALL INCLUDE an invitation to the parents or guardians to meet with the board to consider a proper disposition of the case. SCHOOL BUSES: PASSENGER SAFETY: (E.C. 39831.5) Requires that, upon registration, parents or guardians of pupils not previously transported in a school bus, shall receive written information on school bus safety as specified. Applies to pre-kindergarten, kindergarten, and grades 1 to 6. Added by AB 15, Ch. 648, Statutes of 1999. SCHOOL CURRICULUM: A prospectus of the school curriculum is available for review at the pupil’s school, upon request. SCOLIOSIS SCREENING: (E.C. 49452.5) The governing board of a school district shall provide for the screening of every female pupil in grade 7 and every male pupil in grade 8 for the condition known as scoliosis. The screening shall be in accordance with methods established by the State Department of Education and supervised by qualified supervisors of health. The school district shall provide for the notification of the parent/guardian of any pupil suspected of having scoliosis. 15 SEX EDUCATION COURSES AND VENEREAL DISEASE INSTRUCTION: (E.C. 51550 and 51820) Family Life Education programs may be provided in grades 5 and 6. Venereal Disease instruction will be provided in grades 7 through 12. If instruction about the human reproductive organs and their functions, processes and diseases are included in your child’s class, you will then have an opportunity to inspect and review any written or audio-visual materials to be used. You may evaluate the materials and, based on firsthand knowledge, determine whether you want your child to participate in the program. Your child will not be permitted to attend the class during this year if you request in writing that he/she be excused. If you have any questions on this matter, contact the principal of the school that your child attends. SEXUAL HARASSMENT: (E.C. 200 et al., 212.6, 212.5, 230, 48900.2) Sexual harassment of or by any employee shall not be tolerated. The Board considers sexual harassment to be a major offense, which may result in disciplinary action or dismissal of the offending employee. Pursuant to Education Code 212.5, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to the conduct is made either an explicit or implicit condition of employment, status or promotion. 2. Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed employee. 3. The harassment substantially interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment. 4. Submission to, or rejection of, the conduct is the basis for any decision affecting benefits, services, honors, programs or other available activities. An employee who feels that he/she is being harassed is encouraged to immediately report such incident to the immediate supervisor of the accused employee or the appropriate personnel department official without fear of reprisal. The personnel department shall be informed of all such complaints and will assist in the investigation and resolution of complaints. Complaints involving sexual harassment shall not be subject to any requirement of Board Policy 4144 that would cause the employee to resolve the complaint directly with the offending person. SEXUAL HARASSMENT WRITTEN POLICY: (E.C. 231.5) Requires each district to have a written policy regarding sexual harassment. Requires this policy to be part of any student orientation for new students, to be included with mandated parental notifications, to be posted, and to be distributed to all employees. Students – Sexual Harassment BP 5145.7(a) The Governing Board is committed to maintaining a learning environment that is free of harassment. The Board prohibits the unlawful sexual harassment of any student by any employee, student, or other person at school or at any school-related activity. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation. Instruction/Information The Superintendent or designee shall ensure that students receive age- appropriate information related to sexual harassment. Such instruction and information shall include: 1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same gender. 2. A clear message that students do not have to endure sexual harassment. 3. Encouragement to report observed instance of sexual harassment, even where the victim of the harassment has not complained. 4. Information about the person(s) to whom a report of sexual harassment should be made. Complaint Process Any student who feels that he/she is being or has been subjected to sexual harassment shall immediately contact his/her teacher or any other employee. A school employee to whom a complaint is made shall, within 24 hours of receiving the complaint, report it to the principal or 16 designee. Any school employee who observes any incident of sexual harassment involving a student shall report this observation to the principal or designee, whether or not the victim files a complaint. In any case of sexual harassment involving the principal or any other District employee to whom the complaint would ordinarily be made, the employee who received the student's report or who observes the incident shall report to the nondiscrimination coordinator or the Superintendent or designee. The principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate the complaint in accordance with administrative regulation. Where the principal or designee finds that sexual harassment occurred, he/she shall take prompt, appropriate action to end the harassment and address its effects on the victim. The principal or designee shall also advise the victim of any other remedies that may be available. The principal or designee shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where required. SIGHT AND HEARING TESTING: (E.C. 49452) The governing board of school is required to provide for the testing of sight and hearing by duly qualified supervisors of health of each pupil enrolled. Children will be exempt if parent or guardian notifies the school principal in writing that such appraisal is in conflict with their religious beliefs. This testing program begins in September. STUDENT RECORDS AND INFORMATION: (E.C. 49063, 49073-49078) The compiling of appropriate facts and records pertaining to each student is a necessary function of the school district. This information is needed as a record of each student’s progress. A “cumulative records” file is maintained for each student enrolled in this district. This file contains student identification data, academic work completed, grades and test scores, attendance data, health records, teacher and counselor comments and behavior records. These files are located in the pupil’s school and in district administrative offices. All active pupil records are under the supervision of the school principal; all inactive records are under the supervision of the District Custodian of Records. The records for your child are available for your review upon request to the building principal or the Child Welfare and Attendance Specialist. The school district reserves the right to charge up to 20 cents per page if copies are requested of these records. Information included in pupil records may be challenged. If you wish to challenge the content of these records, procedures may be obtained from the school principal or Joe Koski, Assistant Superintendent, Ed. Services, 29780 Lakeview Avenue, Nuevo, CA 92567. Telephone: (951) 928-0066. When student records are requested by officials of another school system or postsecondary institution where the student seeks or intends to enroll, the requested records may be sent. STUDENT’S RIGHT TO REFRAIN FROM THE HARMFUL OR DESTRUCTIVE USE OF ANIMALS: (E.C. 32255, et al) Students objecting to the dissection of animals shall notify their teacher and the student’s request shall be substantiated by a written notice from the student’s parent. An alternative education project shall be proscribed and the student shall not be discriminated against as a result of the alternative education project. STUDENT RESPONSIBILITIES: (C.C.R. Title 5, Section 300) Every pupil shall attend school punctually and regularly; conform to the regulations of the school; obey promptly all the directions of his teacher and others in authority; observe good order and propriety of deportment; be diligent in study; respectful to his teacher and others in authority; kind and courteous to schoolmates; and refrain from the use of profane and vulgar language. (Reg. 77, No 39) TEMPORARY DISABILITY INSTRUCTION: (E.C. 48207, 48208) A pupil enrolled in regular day classes who becomes hospital-bound with a “Temporary Disability” may receive individualized instruction prescribed for that pupil. It is the responsibility of the parent/guardian to notify the school district IN WHICH the hospital or medical facility is located. When the school district in which the facility is located is notified that a pupil is hospital-bound with a temporary disability, the district will make arrangements for providing individualized instruction. UNIFORM COMPLAINT PROCEDURES: The Governing Board designates the following compliance officer to receive and investigate complaints and ensure District compliance with law: Joe Koski, Assistant Superintendent of Educational Support Services 17 or Gina Scott, Director of Human Resources 29780 Lakeview Avenue Nuevo, CA 92567 (951) 928-0066 Procedures: The District is primarily responsible for complying with applicable state and federal laws and regulations governing educational programs. The following procedures shall be used to address all complaints which allege that the District has violated federal or state laws or regulations governing educational programs. Step: 1 – Filing of a complaint – A complaint alleging unlawful discrimination shall be initiated received no later than six (6) months from the date when the alleged discrimination occurred, or six (6) months from the date when the complainant first obtained knowledge of the facts of the alleged discrimination. Step: 2 – Mediation – Within three (3) days of receiving the complaint, the compliance officer may informally discuss with the complainant the possibility of using mediation. If the complainant agrees to mediation, the compliance officer shall make all arrangements for this process. Step: 3 – Investigation of complaint – The compliance officer is encouraged to hold an investigative meeting within five (5) days of receiving the complaint or an unsuccessful attempt to mediate the complaint. This meeting shall provide an opportunity for the complainant and/or his representative to repeat the complaint orally. Step: 4 – District Response – Within 30 days of receiving the complaint, the compliance officer shall prepare and send to the complainant a written report of the district’s investigation and decision, as described in Step #5 below. If the complainant is dissatisfied with the compliance officer’s decision, he/she may, within five (5) days, file his/her complaint in writing to the Board. If the Board hears the complaint, the compliance officer shall send the Board’s decision to the complainant within 60 days of the district’s initial receipt of the complaint or within the period that has been specified in a written agreement with the complainant. Step: 5 – Final Written Decision – The report of the district’s decision shall be writing and sent to the complainant. The district’s decision shall be written in English and in the language of the complainant whenever feasible or as required by law. APPEALS TO THE CALIFORNIA DEPARTMENT OF EDUCATION: If dissatisfied with the district’s decision, the complainant has the right to appeal the district’s decision to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving the district’s decision. When appealing to the CDE, the complainant must specify the basis for the appeal and whether the facts are incorrect and/or the law as been misapplied. The appeal shall be accompanied by a copy of the locally filed complaint and a copy of the district’s decision. CIVIL LAW REMEDIES – A complainant may pursue available civil law remedies that may be available under state or federal discrimination laws, if applicable, and of the appeal pursuant to Education Code Section 262.3 [EC 262.3, T5CCR 4622]. Complainants may seek assistance from mediation centers or public/private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders. For discrimination complaints, however, a complainant must wait until 60 days have elapsed from the filing of an appeal with the California Department of Education before pursuing civil law remedies. The moratorium does not apply to injunctive relief and is applicable only if the district has appropriately, and in a timely manner, apprised the complainant of his/her right to file a complaint in accordance with 5 CCR 4622. Copies of the District’s complaint procedures shall be available free of charge, and will disseminated to employees, students, parents/guardians, advisory committees, charter schools, and other interested parties such as Adult Ed., and ROP. 18 VOCATIONAL EDUCATION: (Title VI and Title IX; Federal Regulations Section 121a 504; Age Discrimination Act of 1975) Preparation for post high school training and/or employment is offered to all secondary and post-secondary students regardless of age, sex, handicap, race, or national origin. Lack of English skills is not a barrier to admission to and participation in vocational training courses, or to employment in the district. WILLIAMS UNIFORM COMPLAINT: Pursuant to California Education Code section 35186, you are hereby notified that: 1. There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials, each pupil, including English learners, must have a textbook or instructional material, or both, to use in the class and to take home. 2. School facilities must be clean, safe, and maintained in good repair. 3. There should be no teacher vacancies or mis-assignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including certification to teach English learners, if present. Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester. Mis-assignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statue to hold. 4. Pupils, including English learners, who have not passed one or both parts of the high school exit examination by the end of grade 12 are to be provided the opportunity to receive intensive instruction and services for up to two consecutive academic years after the completion of grade 12. 5. A complaint form can be obtained at the school office or district office. You may also download a copy of the California Department of Education complaint form from the following web site: http://www.cde.ca.gov/re/cp/us. 19 NUVIEW UNION SCHOOL DISTRICT NO CHILD LEFT BEHIND, TITLE X ANNUAL PUBLIC NOTICE Education Rights of Homeless Children and Youth The District is actively seeking to enroll children and youth who are homeless. If you are homeless or know of a child or youth that is homeless and not attending school, please contact the following person who will provide information and assistance during the enrollment process: Local Liaison Name: Joe Koski, Assistant Superintendent Telephone: 951-928-3836 Address: 29780 Lakeview Avenue, Nuevo, CA 92567 Who is considered “homeless”? Any child or youth not attending school who lacks a fixed, regular, and adequate nighttime residence is considered homeless and included those who are sharing a house with others due to loss of housing or economic hardship. It also includes children and youth who are living in hotels, camping grounds, emergency shelters, cars, bus or train stations, or other similar settings. If you are not sure, please call. What are the education rights of homeless children and youth? Our schools provide equal and comparable access to all students regardless of their home living situation. Homeless children and youth have specific rights that include: a. Immediate enrollment in school and, when desired or feasible, at the “school or origin”. b. Prompt provision of necessary services such as transportation and meal programs. c. Appropriate support services and programs for which they are eligible such as programs for gifted students, children with disabilities, English Learners, and in vocational education. d. Academic assistance through the district’s federally funded Title 1 program at specific schools. e. Parent or guardian involvement in school activities. What is the “school of origin”? The term “school of origin” means the school the child or youth attended when permanently housed or the school in which the child or youth was last enrolled. It is the District’s responsibility to consider the best interests of the child or youth when making a decision regarding what school to attend. Consideration must be given to placement at the school of origin unless doing so is contrary to the wishes of the parent or guardian. What if there is disagreement regarding school placement? The parent, guardian or unaccompanied youth (a youth not in the physical custody of a parent or guardian) may appeal the placement decision if the District makes placement in a school other than the school of origin or a school requested by the parent, guardian, or unaccompanied youth. The student will be immediately enrolled in the school in which enrollment was requested by the student or parent while an appeal is pending. The person indicated above will provide information and assistance regarding such an appeal. 20 Nuview Union School District Notification of Rights under Family Educational Rights and Privacy Act (FERPA) The Family Educational Rights and Privacy Act (FERPA) afford parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. These rights are: 1. The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access. Parents or eligible students need to submit to the Principal a written request that identifies the record(s) they wish to inspect. The Principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. 2. The right to request the amendment of the student’s education records that the parent or eligible student believes is inaccurate. Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They should write the Principal, clearly identify the part of the record they want changed, and specify why it is inaccurate. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing. 3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health and medical staff and law enforcement unit personnel); a person serving on the Governing Board; a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon the request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. 4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901 21 NUVIEW UNION SCHOOL DISTRICT NOTIFICATION OF RIGHTS UNDER PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA) PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to: Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED) – 1. Political affiliations or beliefs of the student or student’s parents; 2. Mental or psychological problems of the student or student’s family; 3. Sex behavior or attitudes; 4. Illegal, anti-social, self-incriminating, or demeaning behavior; 5. Critical appraisals of others with whom respondents have close family relationships; 6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers; 7. Religious practices, affiliations, or beliefs of the student or parents; or 8. Income, other than as required by law to determine program eligibility. Receive notice and an opportunity to opt a student out of – 1. Any other protected information survey, regardless of funding; 2. Any non-emergency; inclusive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and, safety of a student, except for hearing, vision, or scoliosis screening, or any physical exam or screening permitted or required under State law; and 3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or others distribute the information to others. Inspect, upon request and before administration or use – 1. Protected information surveys of students; 2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and 3. Instructional material used as part of the educational curriculum. These rights transfer from parent to a student who is 18 years old or an emancipated minor under California state law. The District has developed and adopted policies, in consultation with parents regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. The District will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. The District will also directly notify, such as through U.S. mail or email, parents of students who are scheduled to participate in specific activities or surveys and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. The District will make this notification to parents at the beginning of the school year if the District had identified the specific or approximate dates of the activities or surveys at the time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and are provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement: Collection, disclosure, or use of personal information for marketing, sales, or other distribution. Administration of any protected information survey not funded in whole or in part by ED. Any non-emergency, invasive physical examination or screening as described above. Parents who believe their rights have been violated may file a complaint with: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901 22 NUVIEW UNION SCHOOL DISTRICT Students with Special Needs The Student Study Team (SST) within each school continuously reviews individual student needs and assigns a resource person to consult with the classroom teacher regarding appropriate modifications. Student progress is the carefully monitored. Special Education Services Federal and state laws require public school districts to provide “free and appropriate public education” for “disabled children”. Both federal and state legislation mandate time lines for referral, assessment, certification, placement and provision of appropriate services to all students with exceptional needs. If a student’s needs cannot be met within the regular classroom with modifications and interventions, a referral to the Special Education Department is made through the Student Study Team. The team assures all areas of suspected disability are assessed. A full range of special education programs are available for eligible Nuview Union School District students. The continuum for program placement is illustrated by the figure below. Non-Public and State Schools Special Day Classes (more than 50% of the day in Special Education) Regular Program with Specialized Academic Instruction (less than 50% of the day in Special Education) Regular Program with Designated Instructional Services such as Language; Audiological Services; Visually Handicapped Services; Orientation and Mobility; Home and Hospital; Occupational and Physical Therapy; Nursing Services Regular Program with Interventions, Special Materials, and Consultations Provided to the Teacher Regular Programs with Modifications Regular Program An Individualized Educational Program (IEP) is written for each special education student. The program is developed with participation of the student’s parent or guardian who must approve the services. All special education teachers must be certified by the state for specific instruction or services they provide to students with disabilities. 23 RIGHTS OF STUDENTS WITH DISABILITIES The following is a description of the rights granted by federal law to students with disabilities both special education and Section 504 of the Rehabilitation Act of 1973. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights, if you disagree with any of these decisions. You have the right to: 1. Have your child take part in and receive benefits from public education programs without discrimination because of his/her disabling conditions; 2. Have the school district advise you of your rights under federal law; 3. Receive notice with respect to identification, evaluation, or placement of your child 4. Have your child receive free appropriate public education. This includes the right to be educated with nondisabled students to the maximum extent appropriate. It also includes the right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities; 5. Have your child educated in facilities and receive services comparable to those provided nondisabled students; 6. Have your child receive special education and related services if she/he is found to be eligible under the Individuals with Disabilities Education Act (PL 101-476) or Section 504 of the Rehabilitation Act; 7. Have evaluation, educational and placement decision made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options; 8. Have transportation provided to and from an alternative placement setting at no greater cost to you than would be incurred if the student were place in a program operated by the district; 9. Have your child be given an equal opportunity to participate in nonacademic and extra curricular activities offered by the district; 10. Examine all relevant records relating to decisions regarding your child identification, evaluation, educational program and placement; 11. Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records; 12. A response from the school district to reasonable for explanations and interpretations of your child’s records; 13. Request amendment of your child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violations of the privacy rights of your child. If the school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing; 14. Request mediation or an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you; 15. Ask for payment of reasonable attorney fees if you are successful on your claim; 16. File a local grievance by contacting the district’s 504 Coordinator. 24
"Dear Parent of Guardian"