Annual Notification of Parents or Guardian 2017-2018
2017-2018 Annual Notification of Parent or Guardian
Children cannot learn if they are not in school. Regular attendance is the most valuable gift you can give your child. The Empire Union School District urges parents to make sure their children attend school regularly and to schedule medical and other appointments after school or during school holidays. The district also asks that travel or other absences be avoided during the time school is in session. The higher the district’s daily attendance rate, the more a student will learn and the greater the amount of funding that the district will receive from the state for classroom instruction and academic programs. The school calendar is designed to minimize problems for families which plan vacations around traditional holiday periods, and thereby minimize student absences.
Following an absence, a student is required to bring a written excuse from home when returning to school. Illnesses, and doctor and dental appointments are considered excused absences. Absences without a written excuse are recorded as unexcused.
California schools no longer receive funding for students who are sick or excused. Whenever possible, it is essential that your child attend school for part of a day after or before appointments. However, other attendance requirements still rely on excused and unexcused tallies. No pupil whose attendance is excused shall have grades or academic credit lost if assignments and tests can be reasonably completed.
No pupil shall have his or her grade reduced or lose academic credit for any excused absence or absences, if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time.
(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, optometry, 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 three 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, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil's absence is 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.
(9) For the purpose of spending time with a member of the pupil's immediate family, who is an active duty member of the uniformed services, as defined in EC § 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10) For the purpose of attending the pupil’s naturalization ceremony to become a United States citizen.
(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 provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefore. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall 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."
The governing board annually reviews attendance options including how students may attend a district school outside their attendance (intradistrict). This district has non-arbitrary rules explaining how students may apply, be accepted or denied transfer to district schools. the district also allows the transfer of students from or to other districts (interdistrict). In some cases the district must provide transportation. [E.C. 35160.5, 46600, 48204, 48206.3, 48301, 48306, 48980]
When students who have been absent return to school, they shall present a satisfactory explanation verifying the reason for the absence. Please note: Parents cannot verify an absence, only school personnel can do so. The following methods may be used to verify student absences:
- Written note from parent/guardian, parent representative, or student if 18 or older. (E.C. 46012). This note must include the date the note is written, the date the student is absent, and the reason the student is absent.
- Conversation, in person or by telephone, between the verifying employee and the student's parent/guardian or parent representative. The employee shall subsequently record the following:
- Name of student
- Name of parent/guardian or parent representative
- Name of verifying employee
- Date(s) of absence
- Reason for absence
- Visit to the student's home by the verifying employee, or any other reasonable method which establishes the fact that the student was absent for the reasons stated. A written recording shall be made, including information outlined above.
- Physicians Verification [B.P. 5113b]
Children should be encouraged to be prompt as part of developing good habits. They are expected to be at school on time. If a child is late, the child should bring an excuse from home to the school office. Repeated tardies in excess of 30 minutes lead to the student being designated as truant.
A student is considered truant after three absences or three tardies of more than 30 minutes each time or any combination thereof and the absences or tardies are unexcused. After a student has been reported as a truant three or more times in a school year and the district has made a conscientious effort to meet with the family, the student is considered an habitual truant. A student who is absent from school without a valid excuse for 10% or more of the schooldays in one school year, from the date of enrollment to the current date, is considered a chronic truant. Unexcused absences are all absences that do not fall within [EC 48205].
A student who is a habitual truant may be referred to a School Attendance and Review Board (SARB). [EC 48263 and 48264]
A student is considered a chronic absentee when he/she is absent on 10% or more of the school days in one school year, from the date of enrollment to the current date. Chronic absenteeism includes all absences – excused and unexcused – and is an important measure because excessive absences negatively impact academic achievement and student engagement. [EC 60901]
Teachers may require the parent or guardian of a student who has been suspended by a teacher to attend a portion of that school day in his or her student’s classroom. The attendance of the parent or guardian will be limited to the class from which the student was suspended. A written notice will be sent to the parent or guardian regarding implementation of this requirement. Employers are not allowed to apply sanctions against the parent or guardian for this requirement if the parent or guardian has given reasonable notice to his/her employer. [EC 48900.1]
A minor between the ages of 6 and 18 years is subject to compulsory education and, unless exempted, must enroll in school in the school district in which the residence of either the parent or legal guardian is located. The McKinney-Vento Homeless Assistance Act for Homeless Children and Youth entitles all homeless school-aged children to the same free and appropriate public education that is provided to non-homeless students.
A pupil may alternatively comply with the residency requirements for school attendance in a school district, if he or she is any of the following: placed in a foster home or licensed children’s institution within the boundaries of the school district pursuant to a commitment of placement under the Welfare and Institutions Code; a pupil who is a foster child who remains in his or her school of origin; an emancipated pupil who resides within the boundaries of the school district; a pupil who lives in the home of a caregiving adult that is located within the boundaries of the school district; or a pupil residing in a state hospital located within the boundaries of the school district.
A school district shall accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school district, and course registration for military dependents. The parent shall provide proof of residence within 10 days after the published arrival date provided on official documentation related to his or her military move: temporary on base billeting facility, purchased or leased home or apartment, or federal government or public private venture off-base military housing.
Residency is established when a pupil’s parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of 3 days during the school week.
Although students generally must attend school in the District where their residence has been established, the Board of Education recognizes justifiable reasons for inter-district transfers, and may, through District staff, approve inter-district attendance transfers which are in the best interest of the student and are consistent with District needs, subject to the requirements of the regulation accompanying this policy. The parent or legal guardian of a pupil may seek release from the home district to attend a school in any other school district. School districts may enter into agreements for the interdistrict transfer of one or more pupils for a period of up to five years. The agreement must specify the terms and conditions for granting or denying transfers, and may contain standards of reapplication and specify the terms and conditions under which a permit may be revoked. Unless otherwise specified in the agreement, a pupil will not have to reapply for an interdistrict transfer, and the school board of the district of enrollment must allow the pupil to continue to attend the school in which he/she is enrolled.
A pupil who has been determined by personnel of either the home or receiving district to have been the victim of an act of bullying, as defined in EC 48900(r), shall, at the request of the parent or legal guardian, be given priority for interdistrict attendance under any existing agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement.
The Board recognizes that the District may be capable of serving additional students. Therefore, the Superintendent or designee may approve inter-district attendance agreements with other districts. [E.C. 46600 et. seq., BP5117]
The Governing Board desires to provide enrollment options that meet the diverse needs and interests of District students. The Superintendent or designee shall establish procedures for the selection and transfer of students among District schools in accordance with law, Board Policy, and Administrative Regulation. The parents/guardians of students who reside within District boundaries may apply for enrollment in any District school, regardless of the location of residence within the District. (E.C. 35160.5) The Superintendent or designee shall determine the capacity of each school and establish a random, unbiased selection process for the admission of students from outside a school’s attendance area. In accordance with law, no student currently residing within a school’s attendance area shall be displaced by another student transferring from outside the attendance area.
A student who becomes a victim of a violent criminal offense while in or on the grounds of a school that the student attends, has the right to transfer to another school within the district. The District has 14 calendar days to offer students the option to transfer. For more information, please contact EUSD Human Resources Department at 209-521-2800. (20 USC 7912)
If your child lives in the home of a care-giving adult, as defined by law, your child may attend the school district in which that residence is located. Execution of an affidavit under penalty of perjury pursuant to the Family Code by the care-giving adult is required to determine that your child lives in the caregiver’s home. [E.C. 48204(d), 48980(g)]
A school district may deem a pupil as having complied with the residency requirements for school attendance in the school district if one or both the parents or legal guardians of the pupil are physically employed within the boundaries of the school district for a minimum of 10 hours during the school week[EC 48200 & 48204]
A pupil, enrolled in the regular day classes or the alternative educational program, who has a temporary disability which makes attendance, impossible or inadvisable, may receive individualized instruction provided in the pupil’s home for one hour a day, or a total of 5 hour a week.
If, due to a temporary disability, your child is in a hospital or other residential health facility, which is located outside your school district, he/she may be eligible to attend the school district in which the hospital is located. [E.C. 48207] If this situation should arise, you should notify both the district where you reside and where the hospital is located so that individualized instruction, if possible, can be provided. [E.C.48208]
Visits during school hours should be arranged with the school principal and classroom teacher. If a conference is desired, an appointment should be arranged with the teacher during non-instructional time.
To ensure the safety of students and staff and to avoid potential disruptions, all visitors shall register in accordance with law immediately upon entering any school building or grounds when school is in session. [PC 627.6]
Our goal is to continue to provide a welcoming and warm environment for our parents, students and staff while simultaneously communicating a culture of safety and security to the community. All parents are urged to continue to participate in your child’s education.
If your child will be affected by minimum days or staff development days, the District will provide at least one month’s notice. Individual schools will send out reminders prior to those days. The dates that were known at press time are printed in the calendar in this booklet. [E.C. 48980(c)]
California state law authorizes all school districts to provide for alternative schools. Section 58500 of the Education Code defines alternative schools. Section 58500 of the Education Code defines alternative school as a school or separate class group within a school which is operated in a manner designed to: (a) maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy; (b) recognize that the best learning takes place when the student learns because of his desire to learn; (c) maintain a learning situation maximizing student self-motivation and encouraging the student in his own time to follow his own interests (these interests may be conceived by him totally and independently or may result in whole or in part from a presentation by his teachers of choices of learning projects); (d) maximize the opportunity for teachers, parents and students to cooperatively develop the learning process and its subject matter (this opportunity shall be a continuous, permanent process); (e) maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including but not limited to the community in which the school is located.
The Empire Union School District partners with the Stanislaus County Office of Education to provide alternative school programs for parents interested in this option.
The Empire Union School District is committed to maintaining a learning environment that is free from discrimination, harassment, violence, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. All school personnel who witness an act of discrimination, harassment, intimidation, or bullying must take immediate steps to intervene when safe to do so. Any student who engages in acts of discrimination, harassment, violence, intimidation, or bullying related to school activity or school attendance occurring within a school of the school district may be subject to disciplinary action up to and including expulsion. To report an incidence and/or to receive a copy of the district’s anti-discrimination, anti-harassment, anti-intimidation, and anti-bullying policies, please contact C.W. Smith Ed.D, Assistant Superintendent Human Resources 209-521-2800 [EC 234 and 234.1]
School Rules are available at each school site. You have a right to review school and district rules regarding student discipline. If you wish to do so, please contact your school site’s main office. [E.C. 35291, 48980]
No person under 18 years of age may operate a bicycle, non-motorized scooter, skateboard or wear in-line or roller skates, nor ride as a passenger upon a bicycle, non-motorized scooter, or skateboard upon a street, bikeway, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets specified standards. [VC 21212]
Students may be suspended or expelled from school for any of the acts listed in Education Code Section 48900 if the activity or attendance occurring within this District or any other school district. A student may be suspended or expelled for any of the acts listed in Education Code 48900 that are related to school activity or attendance and occur at any time, including but not limited to: 1) while on the school grounds; 2) while going to and from school; 3) during the lunch period whether on or off campus; and 4) during, or while going to or coming from a school sponsored activity.
The District Board of Trustees and staff of Empire Union School District believe that all students have the right to attend a safe and secure school. The District will not tolerate any gestures, comments, threats, or actions, written, verbal or physical, which cause, threaten to cause or are likely to cause bodily harm or personal degradation. Such actions will not be acceptable on any school campus or at any school activities on or off camp. Every threat of violence is taken seriously, even false threats or those made in jest. Any student who makes a threat, regardless of age or grade, will be subject to discipline, suspension, expulsion, and/or arrest.
If a school official releases your child from school to a peace officer for the purpose of removing him/her from the school premises, the school official shall take immediate steps to notify you or a responsible relative of your child, except when a student has been taken into custody as a victim of suspected child abuse. In those cases, the peace officer will notify the parent or guardian. [E.C. 48906; Penal Code 11165.6]
Parents or guardians are liable for all the damages caused by the willful misconduct of their minor children that result in death or injury to other students, school personnel, or damage to school property. Parents are also liable for any school property loaned to the student and willfully not returned. Parents’ or guardians’ liability may be as much as $18,300 in damages and another maximum of $10,000 for payment of a reward, if any. The school district may withhold grades, diplomas, or transcripts of the student responsible until such damages are paid or the property returned or until completion of a voluntary work program in lieu of payment of money. If your child commits an obscene act or engages in habitual profanity or vulgarity, disrupts school activities, or otherwise willfully defies the authority of school personnel, and is suspended for such misconduct, you may be required to attend a portion of a school day in your child’s classroom. [E.C. 48900.1, 48904; Civil Code 1714.1; government Code 53069.5]
Vandalism: Graffiti and scratching glass or other material on someone else’s property is now considered vandalism and those convicted face fines, imprisonment, and court orders to clean up the damage or perform community service. Parents may be liable to pay fines as high as $50,000 and be required to participate in the clean-up. [Penal Code 594]
The school principal or designee may search the person of a student, the student’s backpack or purse if there is a reasonable suspicion to believe the student may have a concealed weapon, narcotics, stolen property, or contraband. [U.S. Supreme Court Case: New Jersey v. T.L.O. (1985) 469 U.S. 325]
EC 48900. Grounds for Suspension and Expulsion
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:
- (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.
- 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.
- 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.
- 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.
- Committed or attempted to commit robbery or extortion.
- Caused or attempted to cause damage to school property or private property.
- Stolen or attempted to steal school property or private property.
- 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.
- Committed an obscene act or engaged in habitual profanity or vulgarity.
- Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
- (1) 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.
(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in this subdivision, and this subdivision shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph shall become inoperative on July 1, 2018, unless a later enacted statute that becomes operative before July 1, 2018, deletes or extends that date.
- Knowingly received stolen school property or private property.
- 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.
- 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.
- 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.
- Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
- Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, "hazing" means a method of initiation or preinitiation into a pupil organization or body, whether or not the 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.
- Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by a school.
- (A) “Electronic act” means the creation or transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
- A message, text, sound, or image.
- A post on a social network Internet Web site, including, but not limited to:
- Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of having one or more of the effects listed in paragraph (1).
- Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
- Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet.
(3) “Reasonable pupil” means a pupil, including, but not limited to, an exceptional needs pupil, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with his or her exceptional needs.
- 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:
- While on school grounds.
- While going to or coming from school.
- During the lunch period whether on or off the campus.
- During, or while going to or coming from, a school sponsored activity.
- 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).
- As used in this section, "school property" includes, but is not limited to, electronic files and databases.
- For a pupil subject to discipline under this section, a superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s misbehavior as specified in Section 48900.5.
- 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.
EC 48900.2. Sexual Harassment
In addition to the reasons specified in Section 48900, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5.
For the purposes of this chapter, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual's academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall not apply to pupils enrolled in kindergarten and grades 1 to 3, inclusive.
EC 48900.3. Hate Violence
In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Section 233.
EC 48900.4. Harassment, Threats or Intimidation
In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment.
EC 48900.5. Limitations on Imposing Suspension
Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the other means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil's presence causes a danger to persons.
EC 48900.7. Terroristic Threats
- In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both.
- For the purposes of this section, "terroristic threat" shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, or for the protection of school district property, or the personal property of the person threatened or his or her immediate family.
EC 48915. Circumstances for Recommending Expulsion
- (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct:
- Causing serious physical injury to another person, except in self-defense.
- Possession of any knife or other dangerous object of no reasonable use to the pupil.
- Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for either of the following:
- (i) The first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis.
- (ii) The possession of over-the-counter medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician.
- Robbery or extortion.
- Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.
(2) If the principal or the superintendent of schools makes a determination as described in paragraph (1), he or she is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.
- Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel shall be based on a finding of one or both of the following:
- Other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
- Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.
- The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds:
- Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.
- Brandishing a knife at another person.
- Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
- Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900.
- Possession of an explosive.
- The governing board shall order a pupil expelled upon finding that the pupil committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of the following conditions:
- Is appropriately prepared to accommodate pupils who exhibit discipline problems.
- Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary school.
- Is not housed at the school site attended by the pupil at the time of suspension.
- Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil, at school or at a school activity off of school grounds violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section 48900.2, 48900.3, or 48900.4, and either of the following:
- That other means of correction are not feasible or have repeatedly failed to bring about proper conduct.
- That due to the nature of the violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.
- The governing board shall refer a pupil who has been expelled pursuant to subdivision (b) or (e) to a program of study which meets all of the conditions specified in subdivision (d). Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if the county superintendent of schools certifies that an alternative program of study is not available at a site away from a comprehensive middle, junior, or senior high school, or an elementary school, and that the only option for placement is at another comprehensive middle, junior, or senior high school, or another elementary school, the pupil may be referred to a program of study that is provided at a comprehensive middle, junior, or senior high school, or at an elementary school.
- As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 3½ inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.
- As used in this section, the term "explosive" means "destructive device" as described in Section 921 of Title 18 of the United States Code.
The Empire Union School District prohibits the use of electronic nicotine delivery systems (ENDS) such as e-cigarettes, hookah pens, cigarillos, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products on all district property and in district vehicles at all times. ENDS are often made to look like cigarettes, cigars and pipes, but can also be made to look like everyday items such as pens, asthma inhalers and beverage containers. These devices are not limited to vaporizing nicotine; they can be used to vaporize other drugs such as marijuana, cocaine, and heroin.
Section 119405 of the Health and Safety Code prohibits the sales of e-cigarettes to minors which means that students should not be in possession of any such devices. Students using, in possession of, or offering, arranging or negotiating to sell ENDS can be subject to disciplinary action, particularly because ENDS are considered drug paraphernalia, as defined by 11014.5 of the Health and Safety Code.
If you have reason to believe your child (ages 0 through 21 years) has a disability requiring special services or accommodations, tell or write the school. Your child will be evaluated to determine whether he/she is eligible for free special instruction or services.
The District wants to locate, identify and assess all children with disabilities whether homeless, wards of the state, enrolled in public or private schools in order to provide a free and appropriate education. [E.C. 56020 et seq., 56040, 56301; 20 USC 1412, (10) (A) (ii); 34CFR 300.121]
A pupil with a temporary disability which makes attendance in the regular day classes or the alternative educational program in which the pupil is enrolled impossible or inadvisable may receive individualized instruction provided in the pupil’s home for one hour a day. Please contact the Instructional Services Department at 209-521-2800 / for further information. [EC 48206.3, 48207 and 48208]
Free or reduced-price lunches are available at school for pupils whose parents or legal guardians qualify, based on annual household income, and complete the required application form. An application will be sent to all students’ homes. Application forms may be obtained through the Food Services Department at 209-521-2800 [E.C. 49510 – 49520]
Each school within the Empire Union School District provides counseling services for students.
The Board of Education intends that technological resources provided by the District be used in a responsible and proper manner in support of the instructional program and for the advancement of student learning. Annually, students and parents/guardian technology acceptable use agreement.
The Superintendent and/or designee shall notify students and parents/guardians about authorized uses of District computers and consequences for unauthorized use and/or unlawful activities.
Internet Access: The Superintendent or designee shall ensure that all District computers with Internet access have a technology protection measure that blocks or filters Internet access to visual depictions that are obscene, child pornography, or harmful to minors, and that the operation of such measures is enforced.
The Board desires to protect students from access to harmful matter on the Internet or other on-line services. The Superintendent or designee shall implement rules and procedures designed to restrict students’ access to harmful or inappropriate matter on the Internet. He/she also shall establish regulations to address the safety and security of students when using electronic mail, chat rooms and other forms of direct electronic communication.
Disclosure, use and dissemination of personal identification information regarding students are prohibited.
Staff shall supervise students while they are using online services and may ask teacher aides and student aides to assist in this supervision.
Empire Union School District provides student access to the Internet for educational and personal purposes as outlined in Board Policy 5131 “Use of Personal Electronic Devices at School.” Access is used only for those purposes. Students are not permitted to use their names of photographic images on the Internet without parental consent. Internet access is a privilege, not a right. Access will be withheld in cases of abuse, violation of the District’s Internet Policy, violation of the rules of network etiquette (“Netiquette”), or any other prohibited activity on the Internet. Students are not permitted to access the Internet using any other person’s account number and/or password. Inappropriate use may result in losing access to the Internet. Students may also be subject to progressive disciplinary action, up to and including suspension from school, expulsion from the District, and/or appropriate legal action.
On-Line Services: Before using the District’s on-line resources, each student and his/her parent/guardian shall sign and return a Student Technology Use Agreement form, specifying user obligations and responsibilities. In that agreement, the student and his/her parent/guardian shall agree to not hold the District responsible and shall agree to indemnify and hold harmless the District and all District personnel for the failure of any technology protection measures, violations of copyright restrictions, users’ mistakes or negligence, or any costs incurred by user. (cf. 6162.6-Use of Copyrighted Materials)
In order to help ensure that the District adapts to changing technologies and circumstances, the Superintendent or designee shall regularly review this policy, the accompanying administrative regulation and other procedures. He/she shall also monitor the District’s filtering software to help ensure its effectiveness.
Staff shall closely supervise students while using on-line services and may ask teacher aides and student aides to assist in this supervision.
The Superintendent or designee shall establish administrative regulations governing use of the District’s on-line services. The Superintendent shall ensure that users have no expectation of privacy and understand that District staff may monitor or examine all system activities to ensure proper use of the system. Students who fail to abide by these regulations shall be subject to disciplinary action, revocation of the user account, and legal action as appropriate.
Netiquette – Rules for Internet Etiquette
- Be Polite. Never send, or encourage others to send abusive messages.
- Use Appropriate Language. Remember that you are a representative of not only yourself but also your school on a publicly accessible system. You may be alone with your computer, but what you say and do can be viewed globally! Never swear, use vulgarities, or any other inappropriate language. Illegal activities of any kind are strictly forbidden.
- No student names, addresses, or images are to be used on the Internet.
- Electronic Mail. Electronic mail (e-mail) is not guaranteed to be private. Messages relating to or in support of illegal or unethical activities must be report to the District.
- Use accurate and descriptive titles for your articles and subject lines for your e-mail. Do not use your name if you are an elementary or middle school student.
- Get the most appropriate audience for your message, not the widest. Do not use your name if you are an elementary or middle school student.
- Remember that if you post to multiple groups; specify all groups in a single message.
- Be brief.
- Minimize spelling errors and make sure your message is easy to understand and read.
- Forgive the spelling and grammatical errors of others.
- Remember that humor and satire is very often misinterpreted.
- Post only to groups you know.
- Cite reference for any facts you present.
Prohibited Internet Activities: The Internet may not be used for any purpose which conflicts with the goals of Board Policy (BP 6163.4) of the Empire Union School District or for illegal or unethical purposes. You may not:
- Send or receive messages that are likely to be obscene, pornographic, racist, sexist, illegal, unethical, or inappropriate in language for the school environment. The District reserves the right to determine whether any message violates this prohibition.
- Send any message or image that is inconsistent with the schools’ conduct code of practices.
- Send any material in violation of any federal or state law or regulation. This includes non-exclusively copyrighted material, threatening or obscene material, or material protected by trade secret.
- Impair or damage District system operations or disrupt the use of the system by another user.
- Share your individual account and/or password.
All of these policies apply to internet or Local Area Networks within schools and district.
In addition, unauthorized attempts or access to district network resources including but not limited to firewalls, routers, switches, printer configurations, server and phone configuration, is strictly prohibited and will be punished to the maximum allowable by law.
Unauthorized attempts or access to staff accounts for email, student information systems, library management, food service management, grade book, student assessment, website or any other source of student or district private information is strictly prohibited.
Installing malicious software including but not limited to viruses, keylogging, Trojan horses, malware or any other software or hardware that could be disruptive of the school/business day is strictly prohibited.
Intentional damage of equipment or schools site technology resources is prohibited.
Penalty for Inappropriate Use: Inappropriate use will result in loss of access to the Internet. It may also be subject to progressive disciplinary action, up to and including suspension from school, expulsion from the District, and/or appropriate legal action.
The Internet is a worldwide collection of thousands of computer systems that are able to communicate together and access information from each other. Millions of persons use the Internet daily to access and share information.
Parents must provide written permission for their students to access the District’s Internet system, and to publish work on a school site’s Internet home page.
Parents’ signature on the enclosed Acknowledgement of Receipt and Review form grants permission for the student to access the Internet using the District’s Internet system.
Acceptable Use Agreement
The School Accountability Report Card is available on request and is available on the Internet at www.tcusd.net. It contains information about the District and school regarding the quality of programs and its progress toward achieving state goals. A copy will be provided upon request. [E.C. 33126, 32286, 35256, 35258, 52056]
After School Programs
Students who are identified as homeless or foster children have a right to receive priority enrollment. To request priority enrollment, please contact the Empire Union School District Instructional Services Department at 209-521-2800. No current participant in a before or after school program shall be dis-enrolled in order to allow enrollment of a student with priority enrollment. [EC 8482.6, 8483(e), 8483.1(e), and 8483.95]
State law requires that the parent or legal guardian of each pupil provide the school within 90 days after entrance to first grade documentary proof that the pupil has received a health screening examination by a doctor within the prior 18 months. Pupils may be excluded up to 5 days from school for failing to comply or not providing a waiver.
If your child does not receive this exam, you must file with the School District a waiver stating the reasons that you unable to obtain such services. You must understand that your child may be sent home if you fail to provide the certificate or waiver, if your child is suspected to be suffering from a contagious disease. You may find it convenient to have your child immunized at the same time that the physical examination is conducted. [E.C. 4940; Health and Safety Code 124085, 124100, 124105, 120475]
Record of a dental assessment done by a dental professional is required for all kindergarteners and first graders attending public school for the first time. Dental assessments must be completed in the 12 months prior to entry or by May 31st of the pupil’s first school year. [EC 49452.8]
Oral Health Assessment
Record of a dental assessment done by a dental professional is required for all kindergarteners and first graders attending public school for the first time. Dental assessments must be completed in the 12 months prior to entry or by May 31st of the pupil’s first school year. [EC 49452.8]
Students must be immunized against certain communicable diseases. Students are prohibited from attending school unless immunization requirements are met for age and grade. The school district shall cooperate with local health officials in measures necessary for the prevention and control of communicable diseases in school age children. The district may use any funds, property, or personnel and may permit any person licensed as a physician or registered nurse to administer an immunizing agent to any student whose parents have consented in writing.
Beginning January 1, 2016, parents of students in any school, will no longer be allowed to submit a personal beliefs exemption to a currently required vaccine. A personal beliefs exemption on file at school prior to January 1, 2016 will continue to be valid until the student enters the next grade span at kindergarten (including transitional kindergarten) or 7th grade.
Students are not required to have immunizations if they attend a home-based private school or an independent study program and do not receive classroom-based instruction. However, parents must continue to provide immunizations records for these students to their schools.
The immunization requirements do not prohibit students from accessing special education and related services required by their individualized education programs.
A student not fully immunized may be temporarily excluded from a school or other institution when that child has been exposed to a specified disease and whose documentary proof of immunization status does not show proof of immunization against one of the communicable diseases described above. [HSC 120325, 120335, 120338, 120365, 120370, and 120375]
State law requires the following immunizations before a child may attend school:
(a) All new students, in transitional kindergarten through grade 12, to the Temple City Unified School District must provide proof of polio, diphtheria, pertussis, tetanus, measles, mumps, rubella, and varicella immunizations.
(b) All transitional kindergarten and kindergarten students must also provide proof of vaccination against hepatitis B.
(c) All seventh grade students must also provide proof of a second *** measles-containing vaccine, and a pertussis booster vaccine.
Children may take medication that is prescribed by a physician and get help from school personnel during the school day if:
- The District designee has received a written statement from the physician detailing the method, amount, and time schedules by which the medication is to be taken; and
- Parent submits a written statement indicating his/her desire that the School District assist his/her child in taking the medication; and
- Parent signs a release statement on a special form available from the District. [E.C. 49423, 49480]
Children may carry a self-administer inhaled asthma medication and/or auto-injectable epinephrine if the rules in one through three above are met.
If your child is on a continuing medication regimen for a non-episodic condition, you are required to notify the district designee of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the medication on the pupil. [E.C. 49480]
If a pupil with epilepsy has been prescribed an emergency antiseizure medication by his or her health care provider, the pupil’s parent or guardian may request the pupil’s school to have one or more of its employees receive training in the administration of an emergency antiseizure medication in the event that the pupil suffers a seizure when a nurse is not available. EC 49414.7
The parent or legal guardian of any pupil taking medication on a regular basis must inform the school nurse or district nurse of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the medication on the pupil. [EC 49480]
whenever there is good reason to believe that the pupil is suffering from a recognized contagious or infectious disease, the pupil shall be sent home and shall not be permitted to return until school authorities are satisfied that the contagious or infectious disease no longer exists [E.C. 494451]
Between grades 6 and 8, your child may be screened for scoliosis (curvature of the spine), unless you submit a written denial of consent. [E.C. 49452.5]
Your child’s vision and hearing will be checked by an authorized person during kindergarten, upon first entry into a California school, and in grades 2, 5, and 8, unless you present to the school a certificate from a physician or optometrist verifying prior testing or a letter stating it violates your faith in a recognized religious belief. [E.C. 49455, 49452]
Students, when outdoors, can wear sun protective clothing, including, but not limited to hats. [E.C. 35183.5] Please refer to your school’s dress code policy for specific guidelines. Students may also apply sunscreen during the day without a doctor’s note or prescription. [E.C. 35291, 35294.6]
The Empire Union School District does not provide or make available medical and hospital services for pupils who are injured in accidents related to school activity or attendance.
The District DOES NOT provide insurance on individual students. However, you may purchase accident insurance through the district for medical and hospital services covering your child. The insurance provides coverage for your child while on school grounds or in school buildings during the time your child is required to be there because of attendance during a regular school day of the District; or while being transported by the District to and from school or other place of instruction; or while at any other place as an incident to school-sponsored activities. [E.C. 32221.5, 49472]
Under state law, school districts are required to ensure that all members of school athletic teams have accidental injury insurance that covers medical and hospital expenses. This insurance requirement can be met by the School District offering insurance or other health benefits that cover medical and hospital expenses. Some pupils may qualify to enroll in no-cost or low-cost local, state, or federally sponsored health insurance programs. Information about these programs may be obtained by calling Healthy Families/Medi-Cal for Families
(888) 747-1222. [EC 32221.5]
This notice is provided in compliance with the requirements of state and federal law as a part of the District’s drug, alcohol, and tobacco prevention programs. The unlawful manufacture, distribution, dispensation, possession, or use of any of its activities is wrong, harmful and is strictly prohibited. Tobacco use is prohibited. All pupils will abide by this prohibition as a condition of attendance. Any violations of the District or school standards of conduct, rules and regulations or state or federal laws regarding illicit drugs, alcohol and tobacco will be investigated. Violators will be subject to prosecution in accordance with local, state, and federal law and District disciplinary action up to and including expulsion, and/or required to satisfactorily complete a drug abuse assistance, tobacco cessation program, or rehabilitation program selected by the District in conformance with law.
The District’s drug, alcohol and tobacco education and prevention programs are designed to address the legal, social and health consequences of drug, alcohol and tobacco use and to provide pupils with effective techniques for resisting peer pressure to use illicit drugs, alcohol or tobacco. Information about any drug, alcohol and tobacco counseling, rehabilitation, and re-entry programs available to pupils may be obtained by contacting their school. This information may include programs sponsored or maintained by various community groups or agencies. The District neither supports nor endorses any specific program, agency or firm. The information is provided only to assist parents and pupils who may desire information regarding the resources available to assist them. [E.C. 49033, 60041; Health and Safety Code 11032]
Some resources are:
A concussion is a brain injury that can be caused by a bump, blow, or jolt to the head, or by a blow to another part of the body with the force transmitted to the head. Even though most concussions are mild, all concussions are potentially serious and may result in complications including prolonged brain damage and death if not recognized and managed properly. A school district, charter school, or private school that elects to offer an athletic program must immediately remove from a school-sponsored athletic activity for the remainder of the day an athlete who is suspected of sustaining a concussion or head injury during that activity. The athlete may not return to that activity until he or she is evaluated by, and receives written clearance from, a licensed health care provider. If the licensed health care provider determines the athlete has a concussion or head injury, the athlete shall also complete a graduated return-to-play protocol of no less than 7 days in duration under the supervision of a licensed health care provider. On a yearly basis, a concussion and head injury information sheet must be signed and returned by the athlete and the athlete’s parent or guardian before the athlete initiates practice or competition. This requirement does not apply to an athlete engaging in an athletic activity during the regular school day or as part of a physical education course. [EC 49475]
Anaphylaxis is a severe and potentially life-threatening allergic reaction that can occur after encountering an allergic trigger, such as food, medicine, an insect bite, latex or exercise. Symptoms include narrowing of the airways, rashes or hives, nausea or vomiting, a weak pulse and dizziness. It is estimated that approximately 25% of the anaphylactic reactions occur during school hours to students who had not previously been diagnosed with a food or other allergy. Without immediate administration of epinephrine followed by calling emergency medical services, death can occur. Being able to recognize and treat it quickly can save lives. Recent changes to EC 49414 now require school districts to provide epinephrine auto-injectors to school nurses and trained personnel and authorizes them to use epinephrine auto-injectors for any student who may be experiencing anaphylaxis, regardless of known history.[ EC 49414]
Empire Union School District does not provide, or make available, medical or hospital service, for injuries to pupils of the district arising out of accidents related to school activity or attendance.
The Board of Education believes good communication between parents and teachers is important in the educational process. All appropriate forms of communication should be used. The progress report should reflect student progress in classwork and proficiency levels and indicated education growth in relation to the student’s ability, citizenship and effort. [E.C. 49067]
A provision of federal Title I requires all districts to notify parents of children in Title I schools that they have the right to request and receive timely information on the professional qualifications of classroom teachers and paraprofessionals, including state qualifications, licensing for the grade level or subject taught, any waivers for qualifications, emergency provisions, college major, graduate degrees and subject, and if paraprofessionals or aides are in the classroom and what qualifications.
The Empire Union School District has adopted a promotion policy based on student performance. This policy requires the student to meet minimum performance levels in reading, language arts and mathematics in grades 1-8 before being promoted to the next grade. Minimum proficiency will be determined by a variety of measures including the student’s score on the California Assessment of Student Performance and Progress (CAASPP) Test, or the student’s grades or performance on District-wide performance-based assessments.
Parents will be informed early in the school year if their student is considered at risk of retention. Parents will need to work with their student’s teacher or a site’s Student Study Team to ensure that all necessary steps are taken prior to a student’s retention.
The major purpose of the pupil promotion and retention policy in the Empire Union School District is to improve student learning and support students who are at risk of failure. The Student Study Team’s decision to retain a student may be appealed consistent with Board policy, administrative regulation, and law. The burden shall be on the appealing party to show why the Team’s decision should be overruled. Adopted by Board of Education: [BP 5123].
A cumulative record, whether recorded by handwriting, print, tapes, film, microfilm or other means, must be maintained on the history of a pupil’s development and educational progress. The District will protect the privacy of such records. Parents/guardians have the right to 1) inspect and review the student’s educational record maintained by the school, 2) request that a school correct records which they believe to be inaccurate or misleading, and 3) have some control over the disclosure of information from educational records. School officials with legitimate educational interests may access student records without parental consent as long as the official needs to review the records in order to fulfill his/her professional responsibility. Upon request from officials of another school district in which a student seeks or intends to enroll, the District shall disclose educational records without parental consent.
Parents’ request to access their student’s educational records must be submitted in a written form to the Assistant Superintendent Human Resources and the school will have five (5) business days from the day of receipt of the request to provide access to the records. Copies of student records are available to parents for a fee of .25 cents per page. Any challenge to school records must be submitted in writing to the Assistant Superintendent Human Resources, 209-521-2800.
A parent challenging school records must show that the records are 1) inaccurate, 2) an unsubstantiated personal conclusion or inference, 3) a conclusion or inference outside the observer’s area of competence, 4) not based on the personal observation of a named person with the time and place of the observation noted, 5) misleading, or 6) in violation of the privacy or other rights of the student. Parents have the right to file a complaint with the United States Department of Education concerning an alleged failure by the District to comply with the provisions of the United States Family Educational Rights and Privacy Act (FERPA) by writing to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., SW, Washington, D.C. 20202-4605.
Only if a court order is provided, will any student information be disseminated, attached or provided to federal officials. The court order must indicate prior approval of the presiding judge of the juvenile court. [WIC 831]
The parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1) Within a reasonable period of time after making the request, to observe their child’s
(2) Within a reasonable time of their request, to meet with their child's teacher(s) and the principal.
(3) To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher.
(4) To be notified on a timely basis if their child is absent from school without permission.
(5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of their child’s school on standardized statewide tests.
(6) To request a particular school for their child, and to receive a response from the school district.
(7) To have a school environment for their child that is safe and supportive of learning.
(8) To examine the curriculum materials of their child’s class(es).
(9) To be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child.
(10) To have access to the school records of their child.
(11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish.
(12) To be informed in advance about school rules, including disciplinary rules and procedures, attendance policies, dress codes, and procedures for visiting the school.
(13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14) To participate as a member of a parent advisory committee, school site council, or site-based management leadership team.
(15) To question anything in their child's record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16) To be notified, as early in the school year as practicable, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
Directory information regarding a pupil identified as a homeless child or youth shall not be released unless a parent, or eligible pupil, has provided written consent that directory information may be released. [EC 49073]
You may have the District withhold any of this information by submitting a request in writing by September 30, 2017. Written notification received after the date specified will be honored, but the student’s information may have been released in the interim. In the case of students with exceptional needs, no material can be released without parent or guardian consent. [E.C. 49061(c), 49070, 56515; FERPA]
All pupils in pre-kindergarten, kindergarten and grades 1 to 8 receiving transportation services provided by Empire Union School District, shall receive written information on school bus safety (i.e., general rules of conduct at school bus loading zones, red light crossing instructions, school bus danger zone, and walking to and from school bus stops). Prior to departure on a school activity trip, all pupils riding on a school bus or school activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit.
Each Empire Union School District school site has a Comprehensive School Safety Plan, which includes a disaster preparedness plan and emergency procedures. Copies are available to read at each school office. Fire and emergency drills are held periodically at each school. [EC 32280 et seq.]
Every year, each school shall review and update its plan. The plan will include an earthquake emergency procedure system and disaster policy for buildings with a capacity of 50 or more people. Each school shall report on the status of its school safety plan to numerous community leaders and include a description of its key elements in the school accountability report card. [E.C. 32281, 32286, 32288]
The Empire Union School District is committed to equal opportunity for all individuals in education. District programs and activities shall be free from discrimination based on disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The District assures that lack of English language skills will not be a barrier to admission or participation in District programs. Complaints of unlawful discrimination are investigated through the Uniform Complaint Process. Such complaints must be filed no later than six months after knowledge of the alleged discrimination was first obtained
The District is primarily responsible for compliance with state and federal laws and regulations and has procedures to address allegations of unlawful discrimination and complaints alleging violation of laws governing educational programs. Employees, students, parents or guardians, advisory committees, and other interested parties are advised how to file a complaint if they so desire.
Complaints Regarding Discrimination, Exceptional Needs Students, Categorical Programs, Federally Funded Programs
The Empire Union School District is committed to maintaining a learning environment that is free from discrimination, harassment, violence, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. All school personnel who witness an act of discrimination, harassment, intimidation, or bullying must take immediate steps to intervene when safe to do so. Any student who engages in acts of discrimination, harassment, violence, intimidation, or bullying related to school activity or school attendance occurring within a school of the school district may be subject to disciplinary action up to and including expulsion. To report an incidence and/or to receive a copy of the district’s anti-discrimination, anti-harassment, anti-intimidation, and anti-bullying policies, please contact the office of the Superintendent.
The Uniform Complaint Procedures apply to the filing, investigation and resolution of complaints regarding alleged: 1) failure to comply with federal or state law or regulations governing adult education, consolidated categorical aid programs, migrant education, vocational education, child care and developmental programs, child nutrition programs and special education programs; 2) unlawful discrimination against any protected group as identified under Education Code section 200 and 220 and Government Code section 11135, including actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical 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 program or activity conducted by a local agency, which is funded directly by, or that receives or benefits from any state financial assistance; 3) failure to comply with school safety planning requirements as specified in Section 7114 of Title 20 of the United States Code; 4) unlawful discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics; and 5) unlawful imposition of pupil fees for participation in educational activities in public schools.
The District has established Uniform Complaint Procedures to resolve alleged acts of discrimination, harassment, violence, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics, which apply to all state and federally funded programs. Uniform complaint procedures shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in adult education, consolidated categorical aid programs, migrant education, vocational education, child care and developmental programs, child nutrition programs and special education programs. A complaint must be filed no later than six months from the date the complainant first obtains knowledge of the concern. These uniform procedures require the complainant to submit a written complaint to the Superintendent who will coordinate an investigation and response within 60 days of receipt of the written complaint, unless the complainant agrees in writing to extend the time line. A complainant may appeal the District’s decision to the California Department of Education (CDE) by filing a written appeal within 15 days after receiving the District’s decision. The CDE may directly intervene in the complaint without waiting for action by the district when one of the conditions listed in 5 CCR 4650 exists, including cases in which the district has not taken action within 60 days of the date the complaint was filed with the district. If a district is found to have violated a State or Federal law and/or regulation, and the District does not take corrective action to comply, then various civil remedies may be available.
The District shall promote programs that ensure non-discriminatory practices in all District activities. If you want further details in this regard, or wish to file a complaint, please contact the District’s Uniform Complaint Officer. The Governing Board designates the following compliance officer(s) to receive and investigate all complaints and ensure district compliance with law: Superintendent 116 North McClure Road, Modesto, CA 95357 (209) 521-2800.
The Uniform Complaint Procedures apply to the filing, investigation and resolution of complaints regarding alleged: 1) failure to comply with federal or state law or regulations governing adult education, consolidated categorical aid programs, migrant education, vocational education, child care and developmental programs, child nutrition programs and special education programs; 2) unlawful discrimination against any protected group as identified under Education Code (EC) sections 200 and 220 and Government Code section 11135, including actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical 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, lactation accommodations, homeless, foster youth, juvenile court student, physical education minutes, or non-instructional courses, in any program or activity conducted by a local agency, which is funded directly by, or that receives or benefits from any state financial assistance; 3) failure to comply with school safety planning requirements as specified in Section 7114 of Title 20 of the United States Code; 4) unlawful discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics; *** 5) unlawful imposition of pupil fees for participation in educational activities in public schools; and 6) failure to comply with the requirements established through the Local Control Funding Formula related to the Local Control and Accountability Plan as described in EC sections 52060 through 52076 or sections 47606.5 and 47607.3. A complaint must be filed no later than six months from the date the complainant first obtains knowledge of the concern. These uniform procedures require the complainant to submit a written complaint to the Director of Student Services who will coordinate an investigation and response within 60 days of receipt of the written complaint, unless the complainant agrees in writing to extend the time line. If the District finds merit in a complaint, the District shall provide a remedy to all affected pupils, parents/guardians. A complainant may appeal the District’s decision to the California Department of Education (CDE) by filing a written appeal within 15 days after receiving the District’s decision. The CDE may directly intervene in the complaint without waiting for action by the district when one of the conditions listed in Section 4650 of Title 5 of the California Code of Regulations exists, including cases in which the district has not taken action within 60 days of the date the complaint was filed with the district. If a district is found to have violated a state or federal law and/or regulation, and the District does not take corrective action to comply, then various civil remedies may be available. Contact the Assistant Superintendent Human Resources for additional information or assistance 209-521-2800
You may find the California Department of Education website at: http://www.cde.ca.gov/re/cp/uc/
For discrimination complaints, 60 days must elapse from the time an appeal is filed with CDE before pursuing civil remedies except for an injunction. Complaints may also be forwarded to appropriate state or federal agencies in the following cases:
American Civil Liberties Act 504 – Office of Civil Rights
Child Abuse -- Department of Social Services, Protective Services Division, or Law Enforcement
Discrimination/Nutritional Services – U.S. Secretary of Agriculture
Employment Discrimination – Department of Fair Employment and Housing, Equal Employment Opportunity Commission
General Education – This School District, Empire Union School District
Health and Safety/Child Development – Department of Social Services
Student Records – Family Policy Compliance Office (FPCO), U.S. Department of
Education [20 USC 7114(D)(7) (No Child Left Behind), 20 USC 11138; 34 CFR 300.510-511, 300.513; E.C. 232.262.3, 33031, 33032, 33381, 48985, 56000-56885, 59000-593000, 64000(a); 5 CCR 4600; 5CCR 4620-4632]
The McKinney-Vento Homeless Assistance Act for Homeless Children and Youth entitles all homeless school-aged children to the same free and appropriate public education that is provided to non-homeless students. Every school district must appoint a liaison to assist these students.
A homeless student is defined as a person between the ages of birth (Early Head Start and Head Start Programs) and twenty-two (special education students) who lacks a fixed, regular, and adequate nighttime residence and may temporarily:
- Live in an emergency or transitional shelter; abandoned building, parked car, or other facility not designed as a regular sleeping accommodation for human beings;
- Live “doubled-up” with another family, due to loss of housing stemming from financial problems (e.g., loss of job, eviction or natural disaster);
- Live in a hotel or motel;
- Live in a trailer park or campsite with their family;
- Have been abandoned at a hospital;
- Be awaiting foster placement in limited circumstances;
- Reside in a home for school-aged, unwed mothers or mothers-to-be if there are no other available living accommodations; or
- Be abandoned, runaway, or pushed out youth or migrant youth that qualifies as homeless because he/she is living in circumstances described above.
A homeless student has the right to attend either the school of origin, defined as the school that the student was last enrolled or attended when last housed or any school attended in the past fifteen (15) months; or the current school of residence. If a dispute arises over school selection or enrollment, the parent/guardian has the right to dispute the school’s decision by contacting the Assistant Superintendent Human Resources at 209-521-2800 and following the district’s dispute resolution policy.
The law requires the immediate enrollment of homeless students, which is defined as “attending class and participating fully in school activities”. Schools cannot delay or prevent the enrollment of a student due to the lack of school or immunization records or other documentation usually required for enrollment. It is the responsibility of the district homeless liaison to refer parents to all programs and services for which the student is eligible. Referrals may include, but is not limited to: free nutrition, special education services, tutoring, English Language Learners programs, Gifted and Talented Education program, preschool, before and after school services or any other program offered by the school or district. The district shall ensure that transportation is provided, at the request of the parent/guardian/unaccompanied homeless youth, to and from the school of origin, if feasible.
Unaccompanied youth; such as teen parents not living with their parent or guardian or students that have runaway or have been pushed out of their homes, have access to these same rights.
A homeless student that transfers schools after the second year of high school, and is greatly deficient in credits may be able to graduate within four years with reduced state requirements. School districts are required to issue and accept partial credit for courses that have been satisfactorily completed. [42 US 11432, EC 48853, 49069, 51225.1 and 51225.2]
Complaints Regarding the Williams Settlement, Instructional Materials, Teacher Placement, and School Facilities
Parents should use the District Uniform Complaint Procedure to identify and resolve any deficiencies regarding instructional materials, facility cleanliness and safety, emergency or urgent facility conditions that pose a health or safety threat to students or staff, and teacher vacancies or miss-assignments. The procedure may be used for complaints regarding instruction and services provided to pupils who have not passed one or both parts of the high school exit examination after the completion of grade 12; however, the state budget crisis has given districts flexibility in providing these services. [E.C. 35186, 37254, 52378]
Williams Settlement Complaint Procedure
Every school must provide sufficient textbooks and instructional materials. Every student, including English learners, must have textbooks or instructional materials, or both, to use at home or after school. School facilities must be clean, safe, and maintained in good repair. There should be no teacher vacancies or misassignments. If a school is found to have deficiencies in these areas, and the school does not take corrective action, then a complaint form may be obtained at Business Services Office 3rd Floor Temple City Unified School District 9700 Las Tunas Drive, Temple City CA 91780 626.548.5024 . Parents, students, teachers or any member of the public may submit a complaint regarding these issues. However, it is highly encouraged that individuals express their concerns to the school principal before completing the complaint forms to allow the school to respond to these concerns.
Forms are available, at the school, but the form need not be used to make a complaint. The Uniform Complaint Procedure shall be used for filing Williams related complaints with the following special circumstances applying:
- Forms can be turned into the principal or designee who will make every reasonable attempt to investigate.
- Complaints beyond the site authority will be forwarded to the District within 10 days.
- Complaints may be filed anonymously. A response may be requested if complainant is identified and will be sent to the mailing address on complaint.
- If the District is required to provide material in a foreign language based on California Department of Education census data and if requested, the response and report shall be written in English and the primary language in which the complaint was filed.
- The form will have a box to request a response and indicate where to file the form.
- Valid complaints should be remedied within 30 days of receipt.
- With 45 days of resolution, notice should be sent to complainant when a response was requested. A principal will also inform the Superintendent of resolution in the same timeframe.
- If unsatisfied with resolution a complainant may describe the complaint to the governing board at a regularly scheduled meeting.
- The district will report quarterly on the number of resolved and unresolved complaints and summarize data regarding complaints and resolutions to the county superintendent and the local governing board in public session making it part of the public records.
[E.C. 35186, 48985]
Civility on School Grounds
Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500).
It is unlawful for any person, except a parent/guardian acting toward his/her minor child, to intentionally or to attempt to injure, intimidate, interfere by force, threat of force, physical obstruction, or nonviolent physical obstruction with any person attempting to enter or exit any public or private school grounds. [CC 1708.9, EC 32210]
Custody disputes must be handled by the courts. The school has no legal jurisdiction to refuse a biological parent access to his/her child and/or school records. The only exception is when signed restraining orders or proper divorce papers, specifically stating visitation limitations, are on file in the school office. Any student release situation which leaves the student’s welfare in question will be handled at the discretion of the site administrator or designee. Should any such situation become a disruption to the school, law enforcement will be contacted and an officer requested to intervene. Parents are asked to make every attempt not to involve school sites in custody matters. The school will make every attempt to reach the custodial parent when a parent or any other person not listed on the emergency card attempts to pick up a child.
Information about registered sex offenders in California can be found on the California Department of Justice's website, http://meganslaw.ca.gov/. The website also provides information on how to protect yourself and your family, facts about sex offenders, frequently asked questions, and sex offender registration requirements in California. [PC 290 et seq.]
Parents or guardians may be held financially liable if their child willfully damages school property or fails to return school property loaned to the child. The school may further withhold the grades, diploma, and transcript of the pupil until restitution is paid.
District programs and activities shall be free from discrimination, including harassment, with respect to a student's actual or perceived sex, gender, ethnic group identification, race, national origin, religion, color, physical or mental disability, age or sexual orientation.
The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the District's academic and other educational support programs, services, and activities. The Board prohibits, at any District school or school activity, unlawful discrimination, harassment, intimidation, and bullying of any student based on the student's actual race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.
Specifically, state law prohibits discrimination on the basis of gender in enrollment, counseling, and the availability of physical education, athletic activities, and sports. Transgender students shall be permitted to participate in gender-segregated school programs and activities (e.g., athletic teams, sports competitions, and field trips) and to use facilities consistent with their gender identity.
Prohibited harassment includes physical, verbal, non-verbal, or written conduct based on one of the categories listed above that is so severe and pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the purpose or effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects the student's educational opportunities.
The Board also prohibits any form of retaliation against any student who files a complaint or report regarding an incident of discrimination, harassment, intimidation, or bullying.
Students who engage in discrimination, harassment, intimidation, bullying, or retaliation in violation of law, Board Policy, or Administrative Regulation shall be subject to appropriate discipline, up to and including counseling, suspension and/or expulsion. Any employee who permits or engages in prohibited discrimination, harassment, intimidation, bullying, or retaliation shall be subject to disciplinary action, up to and including dismissal.
The Empire Union School District is committed to providing a safe school environment where all individuals in education are afforded equal access and opportunities. The District’s academic and other educational support programs, services and activities shall be free from discrimination, harassment, intimidation, and bullying of any individual based on the person’s actual race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. Specifically, state law prohibits discrimination on the basis of gender in enrollment, counseling, and the availability of physical education, athletic activities, and sports. Transgender students shall be permitted to participate in gender-segregated school programs and activities (e.g., athletic teams, sports competitions, and field trips) and to use facilities consistent with their gender identity. The District assures that lack of English language skills will not be a barrier to admission or participation in District programs. Complaints of unlawful discrimination, harassment, intimidation, or bullying are investigated through the Uniform Complaint Process. Such complaints must be filed no later than six months after knowledge of the alleged discrimination was first obtained. For a complaint form or additional information, contact the Assistant Superintendent Human Resources at 209-521-2800.
Any student who feels that he/she has been subjected to discrimination, harassment, intimidation, or bullying should immediately contact the Coordinator for Non-Discrimination, the Principal, designee, or any other staff member. Any student or school employee who observes any such incident should report the incident to the Coordinator or Principal, whether or not the victim files a complaint.
The Board hereby designates the following position as Coordinator for Non-Discrimination to handle complaints regarding discrimination, harassment, intimidation, or bullying and to answer inquiries regarding the District’s non-discrimination policies:
C.W. Smith Ed.D
Assistant Superintendent Human Resources
116 North McClure Road, Modesto, CA 95357
Upon receiving a complaint of discrimination, harassment, intimidation, or bullying, the Coordinator shall immediately investigate the complaint in accordance with the site-level grievance procedures specified in AR 5145.7 - Sexual Harassment.
If a situation involving harassment is not promptly remedied by the Non-Discrimination Coordinator, Principal or designee, a complaint may be filed with the Superintendent or designee who shall determine which complaint procedure is appropriate.
Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex, including sexual harassment, and transgender students or students who do not conform to sex stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. You may file a Title IX complaint by contacting the Assistant Superintendent Human Resources for the Empire Union School District 209-521-2800.
The Board of Education is committed to maintaining a school environment that is free from harassment. The Board prohibits sexual harassment of any student by another student, employee or other person, at school, or at a school-sponsored or school-related activity. The Board also prohibits retaliatory behavior or action against any person who complains, testifies, assists or otherwise participates in the complaint process established in accordance with this policy.
Any student who engages in sexual harassment of anyone at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action. For students in grades 4 through 12, disciplinary action may include suspension and/or expulsion, provided that in imposing such discipline the entire circumstances of the incident(s) shall be taken into account. Such circumstances shall include but are not limited to:
- Age and maturity of the victim and the perpetrator;
- Pervasiveness of the alleged harassing conduct (i.e. how many times the act(s) occurred, how many individuals were involved, etc.);
- Prior complaints against the perpetrator.
The Superintendent or designee shall ensure that all District students receive age-appropriate instruction and information on sexual harassment. Such instruction and information shall include:
- What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between two people of the same gender;
- A clear message that students do not have to endure sexual harassment; students should be encouraged to report observed instances of sexual harassment, even where the victim of the harassment has not complained;
- Information about the person(s) to whom a report of sexual harassment should be made.
Any student who feels that he/she is being or has been subjected to sexual harassment shall immediately contact a school employee. A school employee to whom a complaint is made shall, within 24 hours of his/her getting the complaint, report it to the principal or designee. Any school employee who observes any incident of sexual harassment on any student shall similarly report his/her observation to the principal or designee, whether or not the victim makes a complaint. If the alleged harasser is the principal or designee, the employee may report the complaint or his/her observation of the incident to the Superintendent or designees who shall investigate the complaint.
The principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate the complaint. 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 necessary. In addition, the student may file a formal complaint with the Superintendent or designee in accordance with the uniform complaint procedures.
The Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the District to monitor, address and prevent repetitive harassing behavior in its schools.
Information gathered in the course of investigating a sexual harassment complaint shall be kept confidential to the extent possible.
The Empire Union School District is committed to protecting all students in its care. All employees of the District are considered mandated reporters, required by law to report cases of child abuse and neglect whenever there is reasonable suspicion abuse or neglect has occurred. District employees may not investigate to confirm a suspicion.
All complaints must be filed through a formal report, over the telephone, in person, or in writing, with an appropriate local law enforcement agency (i.e. Police or Sheriff’s Department, County Probation Department, or County Welfare Department/County Child Protective Services). Both the name of the person filing the complaint and the report itself are confidential and cannot be disclosed except to authorized agencies.
Parents and guardians of students also have a right to file a complaint against a school employee or other person that they suspect has engaged in abuse of a child at a school site. Complaints may be filed with the local law enforcement agency; you may also notify the District of an incident by contacting your child’s principal or by contacting the Superintendent at 209-521-2800.
Child abuse does not include an injury caused by any force that is reasonable and necessary for a person employed by or engaged in a school:
- To stop a disturbance threatening physical injury to people or damage to property;
- For purposes of self-defense;
- To obtain possession of weapons or other dangerous objects within control of a student;
- To exercise the degree of control reasonably necessary to maintain order, protect property, protect the health and safety of pupils, and maintain proper and appropriate conditions conducive to learning. [PC 11164 et seq.]
A student who becomes a victim of a violent criminal offense while in or on the grounds of a school that the student attends, has the right to transfer to another school within the district. The District has 14 calendar days to offer students the option to transfer. For more information, please contact the Assistant Superintendent Human Resources at 209-521-2800.
The District maintains and annually updates its management plan for asbestos-containing material in school buildings. A complete and updated management plan for asbestos-containing material is available on request. [Code of Federal Regulations: 40 CFR 763.93] For a copy of the asbestos management plan, please contact the Assistant Superintendent Business Services at 209-521-2800.
To obtain a copy of all pesticide products and expected use at the school facility during the year, and to receive notification of individual pesticide applications at the school at least 72 hours before the application, please contact the Director of Maintenance, Operations, Transportation and Facilities at 209-238-9401 . The notice will identify the active ingredient(s) in each pesticide product, the intended date of application, an Internet address on pesticide use and reduction, and the Internet address where the school site integrated pest management plan may be found if the school site has posted the plan.
Parents and guardians may register with the District if they wish to receive notification of pesticide applications at a particular school or facility. Please request a REQUEST FOR INDIVIDUAL PESTICIDE APPLICATION NOTIFICATION from the school. Further information is available from the California Department of Pesticide Regulation, P.O. Box 4015, Sacramento, CA 95812-4015, www.cdpr.ca.gov. [E.C. 17610.1, 17612, 48980]
Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500).
Further information regarding our district schools, programs, policies, and procedures is available to any interested person upon request to our district office. [E.C. 48209.13, FERPA, 34 CFR Section 99.7(b)] EC 32210]