Zero Tollerance Safety Handbook Policies

  • May 2020
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Zero Tolerance Policy The Cupertino Union School District believes a safe school environment is essential to learning. The Board of Education has adopted a resolution of Zero Tolerance for violence, weapons, and drugs on school campuses or at school activities off campus. Zero Tolerance is a countywide project that brings together school boards, parents, students, school personnel, representatives of the juvenile justice system, elected officials, and other community members in a joint effort to ensure that our schools are free of weapons, violence, and drugs. State law, district policy, and regulations of California Education Code support Zero Tolerance by requiring the immediate suspension and recommendation for expulsion of any student who possesses or furnishes a firearm, knife, explosive, or other similarly dangerous object on school grounds or at school events off school grounds. This policy is strictly enforced in the district. To support our students, all district schools have discipline policies that promote a positive environment and stress good citizenship. Our schools also have prevention and intervention programs to help students make decisions, solve problems, and deal with conflict. How can you help? Discuss with your child the fact that weapons, violence, and drugs are unacceptable and help him or her understand the serious consequences of any act violating district policy and state law. Most important, tell your child that the safety of our schools and community is the responsibility of each and every one of us. Schools in the Cupertino Union School District are safe. Incidents involving violence, weapons, or drugs are rare, but they are increasing here as in other parts of the county and state. We strongly encourage you to join our Zero Tolerance effort to keep our schools and community safe for everyone.

Student Safety Policy The Cupertino Union School District is prepared in the event of an emergency. The district has a Disaster Preparedness Plan and each school has a disaster plan for student safety coordinated with the district plan. Principals and school staffs are prepared to make prompt and responsible decisions in any situation that could threaten the safety of students. The need to close a school and evacuate the students before the regularly scheduled closing time could arise from a relatively minor emergency such as a prolonged interruption of power, or from a major event such as fire, earthquake, or severe storm. At times, communication and/or transportation may be disrupted. IN THE EVENT OF A MAJOR DISASTER:

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Information will be broadcast to parents over local radio stations KNBR -AM 680, KCBS-AM 740, KGO-AM 810, KLIV-AM 1590, KARA-FM 105.7, and/or local television station KNTV-Channel 11(NBC 3). Information also will be posted at the school site.

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No student will be dismissed from school unless a parent (or individual designated in writing by a parent) comes for him/her.

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No child will be allowed to leave with another person, even a relative or baby sitter, unless we have written permission to that effect or that particular person is listed on the student’s Enrollment/Health card in our files and is able to identify him/herself. It is critical that the information on your student’s card be up-to-date.

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All parents or designated persons who come for students must sign out at the school office or at the temporary student release station. Signs will be posted if this alternate location is required. -2-

If you are not able to reach the school in an emergency, we will care for your child until you arrive (or the person designated in writing by you). We have a number of staff members with first aid certificates and we will be in communication with local emergency services. We do ask your help in the following ways: º

Please do not call the school. We must have the lines open for emergency calls. Do turn to the above radio and television stations for information.

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Following an earthquake or other emergency, do not immediately drive to the school. The school access route and street entrance areas must remain clear for emergency vehicles and/or may be cluttered with debris.

It is important that we be prepared personally and in relationship to others in our school community as well as the broader community. During the year your student will be trained in the necessary emergency procedures. Students will learn how to react, where to assemble, and what to expect in an emergency situation. Education and preparation are our best allies. If you have any questions regarding your school’s disaster plan for student safety, please call the Cupertino Union School District Office at (408) 252-3000, Extension 341.

Pupil/Parents Rights and Responsibilities Described below are certain important programs and services the school district offers your children. Also included are pupil and parent rights and responsibilities related to those opportunities. To assure that all parents are informed of these rights, please acknowledge receipt of this notification by signing and returning the tear-off at the end of this section to your child’s school.

Attendance 1. Absences - The Board of Education believes regular attendance is critical to student success in school and recognizes its responsibility under the law to ensure that students attend school regularly. Parents/guardians of children aged six to eighteen are obligated to send their children to school unless otherwise provided by law. The Board shall abide by all state attendance laws and may use all legal means to correct the problems of excessive absence or truancy. (a) First Day of School - Students who have an unexcused absence on the first day of school in August will be dropped from the school roster (vacations are unexcused). If space is available at his or her school when the student returns, the student will be reinstated. If no space is available, the student will be assigned to another school in the district where space is available. If the student is ill, parents must notify the school of the absence and provide documentation. (b) Last Day of School - Students must be in attendance on the last day of school to guarantee their place in the district for the following school year. As with the first day of school policy, when the student returns, if space is available at his or her school the student will be reinstated. If no space is available, the student will be assigned to another school in the district where space is available. If the student is ill, parents must notify the school of the absence and provide documentation. (c) Long-Term Absences - Students who are absent for more than ten (10) consecutive days will be dropped from the roster of their school. This regulation applies to all district schools, independent study, and alternative programs (Faria, Mandarin Immersion, Murdock-Portal, and McAuliffe). When the student returns, if space is available at his or her school, the student will be reinstated. If no space is available the student will be assigned to another school in the district where space is available. (Board Policy 5113) -3-

2. Excused Absence for Personal Reasons - The following specific information is important to you: (a) A student shall be excused from school for justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious retreats, or attendance at an employment conference, when the pupil’s absence has been requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board. (b) A student 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, shall be given full credit. The teacher of any class from which a pupil is absent shall determine, pursuant to the regulations of the governing board of the school district, what assignments the pupil shall make up and in what period of time the pupil shall complete those assignments. The 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, except as otherwise provided by law. 3. Unexcused absences/truancy - The superintendent or designee shall implement whatever steps are deemed appropriate to keep students in school, including the use of attendance review boards and/or student study teams. The Board of Education believes that intervention at the earliest time in elementary grades is the best method of reducing the number of students who are habitually absent or tardy. California Education Code Section 48260 states:

“Any pupil subject to compulsory full-time education who is absent from school without valid excuse three (3) full school days in one year or tardy or absent for more than any thirty (30) minute period during the school day without a valid excuse on three (3) occasions in one school year, or any combination thereof, is a truant and shall be reported to the attendance supervisory or to the superintendent of the school district.”

4. Absence of students for religious purposes - Absence of students for religious purposes at a place away from school property and after the student has attended school for a minimum day is authorized by written consent of parent or guardian. The minimum day requirement does not apply to absences for observance of religious holidays. (California Education Code Section 46014)

Health Curriculum 5. HIV/AIDS Prevention Instruction - State laws require school districts to notify parents or guardians of K-12 students any time an assembly is held, or an outside organization or guest speaker is scheduled, to deliver HIV/AIDS prevention instruction. This notification must be sent within 10-15 days prior to the instruction and must include the name of the organization or affiliation of the guest speaker(s) and the scheduled date of instruction. If the student’s parent or guardian declines to permit the student to receive such instruction, an alternative education activity must be made available to the student. 6. Human Growth and Development/Family Life Education and Sexually Transmitted Disease Education - These courses, in which reproductive organs and their functions are described, illustrated, or discussed, are offered to students unless parents request in writing that their child not attend. Parents are notified of the program before it takes place. Excuse from parts of the instructional program in these areas due to religious beliefs, including personal moral convictions of -4-

the parent, is permitted upon written request from the parent. (California Education Code Sections 51550, 51820, 51240) 7. Student Substance Abuse Prevention - Student substance abuse prevention and early identification and intervention programs for students are supported by the Board of Education to keep students free from the use of harmful drugs, alcohol, and tobacco. (Board Policy 5131.6)

Student Health Information 8. Immunization - Immunization for communicable disease is required of all children attending public school. You must file a California School Immunization Record form at the time your child enrolls in school. If a child is not properly immunized or a valid waiver is not on file, the law requires that we exclude him/her from school. (California Administrative Code Title 17) Immunization arranged for by the district for any of its programs is administered only with written consent of a parent. (California Education Code Section 49403) 9. Medication - Medication prescribed by a physician and over-the-counter medication required by a child during the school day may be administered by designated district employees if the school district receives (1) a written statement from the physician detailing the method, amount and time schedules by which such medication is to be taken, and (2) a written request from the parent or the guardian. Medication permission forms are available at your child’s school. (California Education Code Section 49423) 10. Medication Regimen - The parent or legal guardian of any public school student on a continuing medication regimen for an existing condition shall inform the school nurse or other designated certificated school employee of the medication being taken, the current dosage, and the name of the supervising physician. With consent of the parent or legal guardian of the student, the school nurse may communicate with the physician and may counsel with school personnel regarding the possible effects of the drug on the child’s physical, intellectual, and social behavior as well as possible behavioral signs and symptoms of adverse side effects, omission, or overdose. (California Education Code Section 49480) 11. Emergency Physical Examinations - Emergency physical examinations are not given to a child whose parent files an objection with the superintendent by September 15. However, the principal may send a child home if he/she believes the child is suffering from a recognized contagious or infectious disease. (California Education Code Section 49451) 12. Communicable Conditions - Students may be sent home because of a communicable condition such as head lice. The district enforces a “no nit” head lice policy. (California Education Code Section 49423, and California Administrative Code, Title 5, Section 202) 13. Vision Evaluation - Evaluation of a child’s vision by the school district is required upon enrollment in a district and at least every third year thereafter. The evaluation is waived upon presentation by the parent of an appropriate certificate from a physician or optometrist. (California Education Code Section 49455) Excuse from this requirement due to religious reasons is permitted upon written request from the parent. 14. Physical Examination Exemptions -If you want your child to be exempt from physical examinations at school, the parent or legal guardian of any public school student may file a written statement with the school refusing such an exam. However, when there is a sufficient reason to believe that your child is suffering from a recognized contagious or infectious disease, he/she may be sent home and shall not be permitted to return to school until the contagious or infectious disease does not exist. 15. Hearing Evaluation - Evaluation of a child’s hearing by the school district is required upon enrollment and at grades 1, 2, 5, and 8. The evaluation is waived upon presentation of a proper certificate from a physician. (California Education Code Section 49452) -5-

16. Psychological Evaluation - Psychological evaluation of a student requires written parent consent. The district must provide a written report of the evaluation to parents with recommendations for action. Written consent of a parent for psychological or psychiatric treatment of the student by a public school employee also is required. (California Education Code Sections 49440-43) 17. Children With Disabilities - Disabled children have a right to a free appropriate public education and, if required, special education instruction and services that meet their unique needs. Such services may include specialized physical health care services for eligible students. (California Education Code Section 56000) 18. Smoking Policy - The use of tobacco is prohibited on or in district property or when in the presence of students at school or district-sponsored events off campus in compliance with Cupertino Union School District Board Policy 3513.3. To request a copy of this policy, contact the Assistant Superintendent, Human Resources, Cupertino Union School District. 19. Health Screening Requirement - State law requires school districts to exclude any first grade student from school for up to five (5) days if the student does not have a health screening or the appropriate waiver. (Health and Safety Code 324.3) 20. Medical Insurance - The Cupertino Union School District does not provide medical insurance for students for school-related injuries. Medical expenses are the responsibility of the family. Student accident insurance is available for voluntary purchase for families who may not have insurance or who wish additional coverage. (Refer to Student Accident Insurance Program information in this packet.)

Parent and Student Rights 21. Personal Beliefs - Personal beliefs of students or parents are not explored through a test, questionnaire, survey or examination which has questions about the student or his/her parents’ personal beliefs, sexual practices, family life, morality and religion without written permission by the parent or guardian. (California Education Code Section 60650) 22. Accessibility - Federal and state laws require that all school activities or school related activities shall be accessible to all students, including disabled students, to the maximum extent possible. (California Education Code Sections 56001(g) and 34 DFR 300.306 and 300.553) 23. Nonpublic School Placement - Nonpublic, nonsectarian schooling is available for a disabled student for whom a special education placement in a public school is unavailable or inappropriate. (California Education Code Section 56031) 24. Requirements for Nonpublic Placement - If a parent/guardian is considering enrolling his/her disabled child in a private school at public expense without the consent or referral of the local educational agency, this is to inform you that a request for reimbursement of the cost of the private school placement may be reduced or denied unless you have met the following requirements: (a) At the most recent IEP meeting that you attend prior to the removal of the child from the public school, you must inform the IEP team that you are rejecting the special education placement proposed by the public agency to provide a free appropriate public education. You must inform the IEP team of your concerns and state your intent to enroll your child in a private school at public expense; or (b) Ten business days (including any holidays that occur on a business day) prior to the removal of your child from the public school, you must give written notice to the public agency that you are rejecting the placement proposed by the public agency to provide a free appropriate public education, stating your concerns with the public agency’s placement, and that you intend to enroll your child in a private school at public expense. -6-



Prior to your removal of the child from the public school, you must make the child available for evaluation by the public agency if the agency informs you, through appropriate notice requirements, of its intent to evaluate the child including a reasonable statement of the purpose of the evaluation.



Further reimbursement may be limited or denied if a court determines that your actions were unreasonable. (Federal Regulation Section 1415 (d)(2)(H))

25. Special Education Complaints - Special education complaints are filed with the superintendent. The complaint should describe a matter which, if true, would constitute a violation by the district of federal or state law governing special education and related services. Parents must submit all complaints under this section in writing. (California Administrative Code, Title 5, Section 3125) 26. Sexual Harrassment Policy - The district shall maintain an educational, employment, and business environment free from harassment, intimidation, or insult on the basis of an individual’s sex. Action will be taken when necessary to eliminate such practices or remedy their effects. Sexual harassment constitutes an unlawful form of sex discrimination. Within the educational environment, sexual harassment is prohibited between students, between employees and students, and between other non-students and students. Within the employment environment, sexual harassment is prohibited between supervisors and employees, between non-employees and employees, and between employees. A copy of Board Policy 4119.11, Sexual Harassment, is included in this packet of information, and is available and posted in each school office. 27. Gifted and Talented Students - Gifted and talented children are entitled to special learning opportunities. Parents or a staff member may request appropriate testing for a child they believe is eligible for this program. 28. Complaint Proceedures - The following complaint procedures are available: Uniform Complaint Procedures Uniform complaint procedures shall be followed when addressing complaints alleging unlawful discrimination or failure to comply with the law in consolidated categorical aid programs, child care and developmental programs, child nutrition programs, and special education programs. Parents may address complaints to the Director of Instruction, Pupil Services, Cupertino Union School District, 10301 Vista Drive, Cupertino, CA 95014. A copy of the Uniform Complaint Procedures is enclosed. (California Administrative Code, Title 5, 4600-4671)

Williams Uniform Complaint Procedures The Williams Uniform Complaint Procedures establish policies and procedures regarding deficiencies related to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of students or staff, and teacher vacancy or misassignment.



Complaints Against Personnel For personnel complaints not covered by Uniform Complaint Procedures, parents may request a copy of Complaints Against Personnel (Board Policy 1312.1) by contacting the Assistant Superintendent, Human Resources, Cupertino Union School District.

29. Equal Opportunity Employer - The Cupertino Union School District provides equal opportunity in employment and access to school programs for all persons regardless of race, sex, religion, color, national origin, ethnic group, age, marital or parental status, physical or mental disability, or any other unlawful consideration in every aspect of personnel policy, practice, and program accessibility as required by Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973.

Complaints may be addressed to the Assistant Superintendent, Human Resources Cupertino Union School District, 10301 Vista Drive, Cupertino, CA 95014. -7-

30. English Language Development - English as a second language instruction is provided to all children who are identified as limited or non-English speaking. 31. Mandated Reporting of Child Abuse - Guidelines for parents to report suspected child abuse by school district employees or other persons against a student at a school site may be obtained by calling the Director of Instruction, Pupil Services, at (408) 252-3000. (AB 2232, Statutes of 1991, Chapter 1102) 32. Temporary Disability of a Student - A student with a temporary disability which makes attendance in the regular day classes or alternative education program in which the student is enrolled impossible or inadvisable shall receive individual instruction. Individual instruction for a student with a temporary disability will consist of up to five (5) hours of service per week. The purpose of the individual instruction is to maintain a student’s academic standing while the student is unable to attend school. (California Education Code Section 48206.3) 33. Parent and Pupil Rights Regarding Instruction, Instructional Materials and Testing - State law requires that the district: (a) Provides that all instructional materials and assessments, including books, teacher’s manuals, films, tapes, and software must be made available for inspection by a parent. These materials need to be made available for “inspection” in a reasonable time frame or in accordance with procedures determined by the governing board. (b) Grants parents the right to observe any instruction or other school activity involving their child. The parent must put this request in writing and the school district must accommodate this request within a reasonable time. (c) Prohibits a student from being compelled to affirm or disavow any particular personally or privately held world view, religious doctrine, or political opinion. This provision does not relieve students of any obligation to complete regular classroom assignments. (d) Prohibits a student from being tested for a behavioral, mental, or emotional evaluation without the informed written consent of the student’s parent or guardian. (e) Prohibits, notwithstanding provisions of law to the contrary, a school from requiring a student, or student’s family, to submit to any of the following: any assessment or monitoring of the student’s home life; any form of parental screening or testing; any home-based counseling, parent training, or family education service plan. 34. Other Parent/Pupil Rights - State laws also provide the following parent and pupil rights and responsibilities: (a) To observe in their child’s classroom (upon reasonable notice); (b) To meet with their child’s teacher and the school principal (upon reasonable notice); (c) To volunteer their time and resources at the school; (d) To be notified on a timely basis if their child is absent from school without permission; (e) To be notified concerning their child’s classroom and standardized test performance; (f) To be informed of their child’s progress and appropriate school personnel to contact in the event of problems; (g) To receive information concerning expectations for student learning. -8-

Discipline and School Safety 35. School Safety - School safety is one of the district’s highest priorities. Students and parents need to understand the serious consequences of any threat to the safety of district students, staff, parents, or any other persons present on a school campus. California law states the following: (a) Mandatory Recommendation for Expulsion in Absence of Alternative Findings

The principal or the superintendent of schools shall recommend a student’s expulsion for any of the following acts, unless the principal or superintendent finds that expulsion is inappropriate due to the particular circumstance: (i) Causing serious physical injury to another person, except in self-defense; (ii) Possession of any knife, explosive, or other dangerous object of not reasonable use to the student at school; (iii) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, except for the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis; (iv) Robbery or extortion; or (v) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.

(b) Mandatory Recommendation for Expulsion and Mandatory Expulsion The principal or the superintendent of schools shall immediately suspend and shall recommend expulsion of a student that he or she determines has committed any of the following acts at school or at a school activity off school grounds: (i)

Possessing, selling, or otherwise furnishing a firearm. This section does not apply to an act of possessing a firearm if the student had obtained prior written permission to possess the firearm from a certificated school employee, which is approved by the principal or the designee of the principal. This section applies to an act of possessing a firearm only if the possession is verified by an employee of the district;

(ii) Brandishing a knife at another person; (iii) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code; (iv) Committing or attempting to commit a sexual assault as defined in the Penal Code or committing sexual battery as defined in the Penal Code; or (v) Possession of an explosive. 36. Suspension and Expulsion - A student shall not be suspended from school or recommended for expulsion unless the superintendent or the principal of the school in which the student is enrolled determines that the student has engaged in acts enumerated under California Education Code Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7. Grounds for suspension and expulsion contained in these sections are as follows:

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(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person; (2) Willfully used force or violence upon the person of another, except in self-defense; (b) Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the approval of the principal or the designee of the principal; (c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, any controlled substance, listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind; (d) Unlawfully offered, arranged, or negotiated to sell any controlled substance, listed in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant; (e) Committed or attempted to commit robbery or extortion; (f)

Caused or attempted to cause damage to school property or private property;

(g) Stole or attempted to steal school property or private property; (h) Possessed or used tobacco, or any 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 student of his/her own prescription products; (i)

Committed an obscene act or engaged in habitual profanity or vulgarity;

(j)

Unlawfully possessed, or unlawfully offered, arranged or negotiated to sell any drug paraphernalia, as defined in Section 11014.5 of the California Health and Safety Code;

(k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties; (l) Knowingly received stolen school property or private property; (m) Possessed an imitation firearm. An “imitation firearm” is a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm; (n) Committed or attempted to commit a sexual assault as defined in Sections 261, 266(c), 286, 288, 288(a) or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code; (o) Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of either preventing that student from being a witness or retaliating against that student for being a witness, or both; (p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma; (q) Engaged in, or attempted to engage in, hazing; - 10 -

(r) Engaged in an act of bullying, including, but not limited to bullying committed by means of an electronic act; (t) A pupil who aids or abets in the attempted or infliction of physical injury on another person. (Administrative Regulation 5144.1, page 3); (.2) Committed sexual harassment as defined in California Education Code Section 212.5. The conduct must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This subdivision shall not apply to students enrolled in kindergarten and grades 1 to 3, inclusive; (.3) Caused, attempted, or threatened to cause, or participated in an act of hate violence. (Grades 4-8) (EC 48900.3); (.4) Intentionally engaged in harassment, threats or intimidation, directed against a student or group of students, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading the rights of that student or group of students by creating a hostile educational environment. This section applies only to students in grade 4 and above; (.7) Made terroristic threats against school officials or property. (EC 48900.7) ***The above section labels coorespond to California Education Code Sections*** State law permits a teacher, under certain circumstances, to require a suspended student’s parent or guardian to attend a portion of a school day in the child’s classroom. (California Education Code Section 48900.1) 37. Additional Information - Rules and procedures on school discipline are available to students and to their parents or guardians in the administrative office at each school.

Residency and Transfers 38. School Transfers - The Board of Education is committed to offering parents residing in the district a choice of schools in which to enroll their children, and to providing parents with diverse educational options from which they may select a program that best meets their child’s needs. In keeping with this commitment, the Board allows parents to transfer their child to any district school where space is available. Parents who have child care or employment outside the boundaries of the Cupertino Union School District may apply for a transfer to that district. Information regarding student transfers may be obtained by calling the Student Assignment Office at (408)-252-3000. (Board Policy 5118) 39. Residency Verification - All residency information is subject to verification. Valid proof of residence must be provided at the time of registration or when a change of residence occurs. Change of residence must be reported to the school office within ten (10) days. Failure to provide current residency information could result in the immediate withdrawal of your child. 40. District of Residence - Students who move out of the boundaries of the Cupertino Union School District during the school year are required to attend school in their district of residence.

General Information 41. Student Records - Student records are transferred when a child moves from one school district to another. California schools are not required to obtain parent permission to forward records. Indeed they are required to forward records to any California school where parents intend to enroll - 11 -

a child. Parents have the right to review, challenge, and receive a copy of the transferred record. The following specific information is important to you: (a) Permanent student records are required by California statute. Schools compile a permanent record for each student. (b) Confidential records are maintained for some students whenever a parent gives written authorization for the development of such records. (c) A log is maintained in each student’s record folder listing all persons, agencies, or organizations requesting or receiving information from the record.

A school district is not authorized to permit access to student records without written parental consent or under judicial order except to: school officials and employees with a legitimate educational interest, officials and employees of other public schools where the student intends to enroll, or federal, state, and local officials in compliance with federal or state law.



The school district makes a reasonable charge that is determined on an annual basis for the duplication of school records. Parents should inform the district of any financial hardship that would prevent them from paying this fee.



Any school district whose real or personal property has been willfully cut, defaced, or otherwise injured, or whose property is loaned to a pupil and willfully not returned upon demand of an employee of the school district, may, after affording the student his or her due process rights, withhold the grades, diploma, and transcripts of the responsible student. (California Education Code Section 48904)

42. Before and After School Care - Student Care is provided by non-profit agencies for a fee to students at schools in the district before and after school on a space available basis. Waiting lists exist at some sites. 43. Cellular Phones and Pagers - Student may possess cellular phones and pagers under specific conditions. Cellular phones and pagers must be turned off during the school day, including recess, passing periods, brunch, and lunch (prohibition on ringing or vibrating) and must be kept in the student’s purse or backpack at all times. Failure to abide by this policy may result in the cellular phone and/or pager being confiscated and the loss of cell phone and pager possession privileges at the discretion of the site administrator. (California Education Code Section 48901.5) 44. Recognition of Diversity - In support of a quality education for the benefit of all students, the Cupertino Union School District embraces human diversity as an important value of the district. Students, parents, and staff should cultivate attitudes, acquire knowledge, and master skills which promote mutual respect and understanding among all people regardless of their ethnic background, beliefs, gender, or cultural heritage. School personnel shall provide a number of positive experiences which promote student and staff awareness of and respect for all cultures. (BP 5145.3) 45. School Accountability Report Cards (SARC) - School Accountability Report Cards are available on the district’s webpage at www.cupertino.k12.ca.us and in school offices upon request. The SARC contains information about the district and school, including the quality of programs and the school’s academic achievements. They are updated annually during February. (California Education Code Section 33126)

PLEASE SIGN AND RETURN THE NEXT PAGE TO YOUR CHILD’S SCHOOL - 12 -

PLEASE SIGN AND RETURN THIS PAGE TO YOUR CHILD’S SCHOOL

CUPERTINO UNION SCHOOL DISTRICT

Receipt of Information on Parents, Legal Rights As required by law, this handbook is to notify you of your legal rights and responsibilities. I hereby acknowledge that I have received information from the Cupertino Union School District regarding the legal rights of parents and guardians with children in California public schools. I am informed of my rights and opportunities under the specified sections of the California Education Code; however, my signature does not indicate that I am either giving or withholding my consent for my child to participate in any particular program. I understand I will receive separate notification of these offerings when they are scheduled.

Name of Student

School Student Attends

Teacher

Room No.

Signature of Parent or Guardian



Date

Instruction/Pupil Services August 2009

PLEASE SIGN AND RETURN THIS PAGE TO YOUR CHILD’S SCHOOL - 13 -

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