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ANNUAL NOTIFICATION OF PARENT/STUDENT RIGHTS 2012 - 2013
Board of Trustees: Nancy Newton, Barbara Nunes, Homer Tong, Hung Wei & Bill Wilson
Superintendent of Schools: Polly M. Bove
Welcome to the new school year! This 2012-2013 Annual Notification document is designed to notify you of your rights and responsibilities per California Education Code and District Board Policies (BP) and Administrative Regulations (AR). The District’s BP’s and AR’s can be accessed online at http://www.fuhsd.org/policies.
Please review this document with your student. You will receive the EMERGENCY/ZERO TOLERANCE FORM in a separate mailer this summer. Your signature is required on the back of that form as an acknowledgement that you have been notified of your rights. Your student will return this SIGNED FORM to the school in August.
HAVE YOU MOVED?
If you have recently moved, you must document your change of address within 14 days of your date of move. Changes of address must be done in person at the Enrollment & Residency Office located at 589 W. Fremont Avenue, Sunnyvale. You will be required to provide residency verification documents. Failure to notify the school and provide proof of residency could delay your child’s placement into classes.
If your student will NOT BE ATTENDING Fremont Union High School District schools for the 2012-2013 school year, please immediately notify your student’s school: Cupertino High School 408-366-7300, Fremont High School 408-522-2405, Homestead High School 408-522-2503, Lynbrook High School 408-366-7710, and Monta Vista High School 408-366-7610. You may also call the District’s Enrollment & Residency Office at 408-522-2266.
2012-13 SCHOOL CALENDAR SUMMARY
Table of Contents
Click on any entry below to view a specific section.
- Non-Discrimination in District Programs/Activities (BP 0410)
- Student and Parent Privacy Rights (AR 5022)
- Right to Refrain from Harmful or Destructive Use of Animals (EC 32255.1)
- Notice of Alternative Schools (EC 51000)
- Federal Elementary and Secondary Education Act: No Child Left Behind (NCLB)
- Requirement to Pass the California High School Exit Exam (BP 6146.1; EC 60851)
- Student Eligibility for Assistance in Preparing for the CA. High School Exit Exam After Grade 12.
- Annual STAR Testing (EC 60615)
- Eligibility Requirements for Extracurricular and Co-curricular Activities (BP 6145; EC 35160.5)
- HIV/AIDS Prevention Education: Notice and Parental Excuse (AR 6142.1)
- Exemptions from Requirements
- Advanced Placement Examination Fees
- Identification of Individuals for Special Education (BP 6164.4)
- Rehabilitation Act of 1973, Section 504
- Access to Student Records (EC 49063)
- Release of Directory Information (BP 5125.1)
- School Accountability Report Card (SARC)
- Academic Honesty Policy
- Use of Technology and Internet Access
- Open Campus (BP 5112.5)
- Minimum and/or Staff Development Days
- District Expectations Regarding Attendance (AR 5113)
- 10% Excused Absence Policy
- Absence for Religious Purposes (EC 56014)
- Absence for Justifiable Reasons (EC 48205)
- Completion of Missed Work for Excused Absence (EC 48205)
- Uniform Complaint Procedures
- Williams Uniform Complaint Procedures
- Standards of Discipline
- Conduct of Students
- Suspension and Expulsion (BP/AR 5144.1)
- Required Parent Attendance at School
- Sexual Harassment (231.5)
- Harassment/Bullying. 16
- Hate-motivated Behavior
- Zero Tolerance Policy
- Prohibited Items
- Use of Electronic Devices (MP3/CD/DVD Players; Cell Phones)
- Cooperation with Law Enforcement
- District Residency
- General Information
- Interdistrict Transfers (BP 5117)
- Open Enrollment (EC 35160.5)
- Emergency Information (EC 49408)18
- Immunizations (Health Code, Title 17, Chapter 4, Section 6000)
- Administration of Medication to Student During Regular School Hours (EC 49423)
- Student’s Exemption from Physical Exam (EC 49451)
- Sight and Hearing Test (EC 49452)
- Insurance (EC 49472)
- Notice to School of Nonepisodic Condition (EC 49480)
- Release of Student to Obtain Confidential Medical Services (EC 46010.1)
- Temporary Disability (EC 48207, 48208)
- Sun Protection (E.C. 35183.5)
- Asbestos Hazard Emergency Response Act (AHERA)
- Healthy Schools Act Policy Statement (AB 2260)
- Annual Anticipated or Expected Pesticides and Herbicides Use
- Denial of Military Request for Directory Information
RIGHTS & RESPONSIBILITIES
Non-Discrimination in District Programs/Activities (BP 0410)
The Board of Trustees is committed to equal opportunity for all individuals in education. District programs and activities shall be free from discrimination based on gender, sex, race, color, religion, ancestry, national origin, ethnic group identification, marital or parental status, physical or mental disability, sexual orientation, lack of English skills, handicap or the perception of one or more of such characteristics. The Board shall promote programs which ensure that discriminatory practices are eliminated in all district activities. Reasonable accommodations are available for handicapped students.
Student and Parent Privacy Rights (AR 5022)
A student's parent/guardian shall provide prior written consent before the student submits to a survey containing one or more of the following items:
- Political affiliations or beliefs of the student or his/her family
- Mental or psychological problems of the student or his/her family
- Sexual behavior or attitudes or personal beliefs and practices in family life or morality
- Illegal, anti-social, self-incriminating or demeaning behavior
- Critical appraisals of other individuals with whom students have close family relationships
- Legally recognized privileged or analogous relationships, such as those of lawyers, physicians or ministers
- Religious practices, affiliations or beliefs of the student or his/her parent/guardian
- Income, except to the extent that income is required to be disclosed by law for participation in a program or for receiving financial assistance under such a program
If a student participates in a survey regarding information about beliefs and practices as identified above, school officials and staff members shall not request or disclose the student's identity.
Right to Refrain from Harmful or Destructive Use of Animals (EC 32255.1)
Except as otherwise provided in Section 32255.6, any pupil with a moral objection to dissecting or otherwise harming or destroying animals, or any parts thereof, shall notify his or her teacher regarding this objection, upon notification by the school of his or her rights pursuant to Section 32255.4. An alternate education project will be developed. A student’s objection to participating in an educational project pursuant to this section shall be substantiated by a note from his or her parent or guardian.
Notice of Alternative Schools (EC 51000)
California state law authorizes all school districts to provide for 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:
- Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy.
- Recognize that the best learning takes place when the student learns because of his desire to learn.
- 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.
- 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.
- 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.
- In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this district, and the principal's office in each attendance unit have copies of the law available for your information. This law particularly authorizes interested persons to request the governing board of the district to establish alternative school programs in each district.
Federal Elementary and Secondary Education Act: No Child Left Behind (NCLB)
Parents may request information and the professional qualifications of their child’s classroom teachers. Requests should be made in writing and directed to the attention of Tom Avvakumovits, Director of Human Resources. Parents will receive a written response informing them of the following:
- If their child’s teacher has met State qualifications for grade levels and subject areas taught;
- If their child’s teacher is teaching under an emergency credential or other provisional status;
- If their child is receiving services from a paraprofessional and if so, his/her qualifications;
- The baccalaureate degree major of the teacher or any other graduate certification or degree held by the teacher and the field of discipline or certification or degree.
Requirement to Pass the California High School Exit Exam (BP 6146.1; EC 60851)
Beginning in the 2005-06 school year, each student completing grade 12 shall have successfully passed the state exit examination in language arts and mathematics as a condition of high school graduation. Detailed information regarding the high school exit exam is provided under separate cover annually to students and parents and/or may be found on the District website at http://www.fuhsd.org/EXITexam.For questions or additional information, please contact the Teaching and Learning Department at (408) 522-2243.
Student Eligibility for Assistance in Preparing for the CA. High School Exit Exam After Grade 12
Pursuant to California Education Code section 37254, you are hereby notified that:
- Pupils, including English learners, who have not passed one or both parts of the California High School Exit Examination (CAHSEE) by the end of grade 12 are entitled to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until they pass both parts of the CAHSEE, whichever comes first;
- English learners, who have not passed one or both parts of the CAHSEE by the end of grade 12, are entitled to receive services to improve English proficiency as needed to pass those parts of the CAHSEE not yet passed for up to two consecutive academic years after completion of grade 12 or until they pass both parts of the CAHSEE, whichever comes first; and
- Pupils, who have not passed one or both parts of the CAHSEE by the end of grade 12, have the right to file a complaint regarding intensive instruction and services under the Uniform Complaint Procedures if he or she was not provided the opportunity to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until they pass both parts of the CAHSEE, whichever comes first.
If you have any questions about eligibility for services, wish to obtain services, or wish to file a complaint regarding services, please contact the Coordinator of Curriculum & Assessment at 589 W. Fremont Avenue, Sunnyvale, CA or (408) 522-2249.
Annual STAR Testing (EC 60615)
California Education Cod 60615 provides that student shall be excused from any or all parts of the statewide assessments (STAR) upon written request of the parent/guardian. While Fremont Union High School District will honor such request, the District would like to have all students participate in and give their best efforts to STAR testing. These tests have a significant impact on a school’s API scores and State rankings which, in turn, can affect the perception of a school in the community as well as among colleges and universities. However, if it is the parents’ desire to excuse their student from testing, upon receipt of the written request of the parent/ guardian, the student will be excused from any or all parts of the current year’s statewide assessments (STAR). For more information, see the STAR page of the FUHSD website at: http://www.fuhsd.org/STAR
Eligibility Requirements for Extracurricular and Co-curricular Activities (BP 6145; EC 35160.5)
To be eligible to participate in extracurricular and co-curricular activities, students in grades 9 through 12 must demonstrate satisfactory educational progress in the previous grading period including but not limited to:
1. Maintenance of a minimum of a 2.0 grade point average on a 4.0 scale
2. Maintenance of minimum progress toward meeting high school graduation requirements
The Superintendent or designee may grant ineligible students a probationary period of not more than one semester. Students granted probationary eligibility must meet the required standards by the end of the probationary period in order to remain eligible for participation.
HIV/AIDS Prevention Education: Notice and Parental Excuse (AR 6142.1)
At the beginning of the school year, parents/guardians of students in grades 9-12 shall be notified in writing about the purposes of the AIDS prevention instruction and information stating that the parent/guardian has a right to request a copy of Education Code 51201.5 and 51553 relating to AIDS instruction. If a student enrolls in school after the beginning of the year, the parent/guardian shall receive the notice described above upon the student's enrollment. This notification shall inform parents/guardians that they may request in writing that their child not attend the class. No student shall attend AIDS prevention instruction if a written request that he/she not attend has been received by the school.
At the beginning of the school year, or at the time of a student's enrollment, the Superintendent or designee shall notify parents/guardians of any outside organization or guest speaker brought into the district to provide instruction in family life, human sexuality, AIDS or sexually transmitted diseases. This notification shall include the date of the instruction, the name of the organization or affiliation of each guest speaker and information regarding the parent/guardian's right to request a copy of Education Code 51201.5 and 51553.
If arrangements for this instruction are made after the beginning of the school year, the parents/guardians shall be notified no fewer than 10, and no more than 15, days before the instruction is delivered. This notification is required whether the guest speakers are brought in by the district to lecture, distribute information, show a videotape, act out, conduct an activity involving student participation or provide audio material in either a classroom or assembly.
Exemptions from Requirements
Whenever any part of the instruction in health, family life education, and sex education conflicts with the religious training and beliefs of the parent or guardian of any student, the student, on written request of the parent or guardian, shall be excused from the part of the training which conflicts with such religious training and beliefs. As used in this section, “religious training and beliefs” includes personal moral convictions. This written request must be delivered to the school and must include student name, parent signature and date.
Advanced Placement Examination Fees
State funding is available to qualified low-income students to cover the costs of advanced placement examination fees.
Identification of Individuals for Special Education (BP 6164.4)
The Board of Trustees recognizes the need to actively seek out and evaluate district residents from birth to age 22 who have disabilities in order to provide them with appropriate educational opportunities in accordance with state and federal law.
The Superintendent or designee shall develop processes to determine when an individual is eligible for special education services and shall establish systematic procedures for special education program identification, screening, referral, assessment, planning, implementation, review and triennial assessment.
The Superintendent or designee shall develop a method to ensure that all eligible individuals residing within the district are currently receiving needed special education and related services. In addition, the Superintendent or designee shall consult with appropriate representatives of private school students with disabilities on how to identify, locate and evaluate these students.
The Superintendent or designee shall establish a method whereby parents/guardians, teachers, appropriate professionals and others may refer an individual for assessment for special education services. Identification procedures shall be coordinated with school site procedures for referral of students with needs that cannot be met with modifications to the regular instructional program. For assessment purposes, staff shall use appropriate tests to identify specific information about the individual's abilities in accordance with Education Code 56320.
The Superintendent or designee shall notify parents/guardians in writing of their rights related to identification, referral, assessment, instructional planning, implementation and review, including the District's procedures for initiating a referral for assessment to identify individuals who need special education services. The requirements of this regulation do not apply to those situations in which a district has placed a student with a disability in a private school as a means of fulfilling the district’s obligations to provide a free appropriate public education (FAPE) or when the parent/ guardian has made a unilateral placement of the student in a private school when the provision of FAPE is an issue. The District shall not be liable for costs incurred due to the unilateral placement made by a parent/guardian.
Rehabilitation Act of 1973, Section 504
This civil rights statute provides for the referral, evaluation, and reasonable accommodation of students who may have a physical or mental impairment that substantially limits a major life activity under Section 504. Rights pertinent to Section 504 are available from the local school or from the Special Services Dept. Please notify your student’s school or the Assistant Director of Special Services of any student who may need special help by calling 522-2232.
STUDENT & SCHOOL RECORDS
Access to Student Records (EC 49063)
The parent or guardian has the right to examine all relevant school records pertaining to his or her child within five (5) school days after each request is made by the parent or guardian, either orally or in writing. For further information, contact your school principal or the District Office at (408) 522-2200.
Release of Directory Information (BP 5125.1)
The Board of Trustees recognizes the importance of maintaining the confidentiality of directory information and therefore authorizes the release of such information only in accordance with law and Board policy. The Superintendent or designee may limit or deny the release of specific directory information to any public or private nonprofit organization based on his/her determination of the best interest of the student. Employers and prospective employers, including military services representatives, shall have access to directory information. Section 928 of the Federal “No Child Left Behind” Act of 2001 requires schools to disclose directory information (names, addresses and telephone numbers) of high school students to military recruiters upon request, unless parent/legal guardian of the students request that such information not be released (See appendix for this form).
Under no circumstances shall directory information be disclosed to a private profit-making entity other than employers, prospective employers, and representatives of the news media. Lists of senior graduates will not be issued without prior administrative approval. Private schools and colleges may be given the names and addresses of 12th-grade students and students who are no longer enrolled provided they use this information only for purposes directly related to the institution's academic or professional goals.
School Accountability Report Card (SARC)
School Accountability Report Cards are available on request from the Principal’s Office and will be provided by mail if so requested. SARCs can also be accessed on the District’s website http://www.fuhsd.org/sarcs.
Academic Honesty Policy
The Fremont Union High School District is committed to advancing the pursuit of intellectual excellence and to maintaining the highest standards and expectations for academic integrity among all students. We believe in establishing a school climate that promotes ethical and responsible student conduct.
In conjunction with that belief, we support the development of a school culture that furthers our academic mission and recognizes the hard work of students and facultyalike. We are convinced that neither pressure for grades, inadequate time for studying or completing an assignment, nor unrealistic parental expectations justify students acting dishonestly. As a professional learning community, we affirm that “learning for learning’s sake” is intrinsically valued, and we will not tolerate any infractions that create or result in an unfair academic advantage for one student, or a disadvantage for another. In short, any form or act of academic dishonesty will undermine our standards of excellence and violate the trust that bonds all members of the school community.
The District considers violations of the FUHSD Academic Honesty Policy to be serious offenses and has therefore instituted consequences. The consequences apply on a school-wide and districtwide basis, i.e., a violation in one class follows a student to a different class within the school, and a violation at one school follows a student to a different school within the District. Additionally, violations of the FUHSD Academic Honesty Policy are cumulative for all the years a student is enrolled in the Fremont Union High School District.
The complete FUHSD Academic Honesty Policy is included as an appendix of this document and can also be accessed on the District’s website http://www.fuhsd.org/ANNUALnotifications.
Use of Technology and Internet Access
The District’s network system has been established for a limited educational purpose. The term educational purpose is used in the context of instruction-related activities, including but not limited to classroom-based projects and student works, college and career explorations, and high-quality, academically-enriching research.
Recognizing the value of the Internet, the District supports teachers and students being engaged in an online environment that allows them to discuss, collaborate, communicate, create, and share in a safe, ethical, and responsible manner. With that educational purpose in mind, we want to emphasize that the District’s network system has not been established as a public access service or a public forum. The District has the right to place reasonable restrictions on the material students access or post through the system. Students may not use the District’s network system for commercial purposes. This means students may not offer, provide, or purchase products or services through the District’s network system.
Students are expected to follow the rules set forth in this policy, the student disciplinary code, and the law in students’ use of the District’s network system. Teachers and/or other staff members will provide instruction and guidance to students regarding the appropriate use of and access to the District’s network system. The complete FUHSD Student Technology Use Policyis included as an appendix of this document and can also be accessed on the District’s website http://www.fuhsd.org/annual-notifications.
Open Campus (BP 5112.5)
As authorized by Education Code 44808.5,the Board of Trustees establishes an "open campus" at district high schools. By allowing students to leave campus during the lunch period or during any other period the student is not assigned to class, the Board entrusts them with an opportunity to learn responsibility and to demonstrate good citizenship. The district, Board members, and district employees shall not be responsible or in any way liable for the conduct and safety of students who leave school grounds during these periods. The privilege of open campus may be revoked from individual students for disciplinary reasons or because of failure to maintain academic eligibility for extracurricular activities.
Minimum and/or Staff Development Days
Pursuant to Education Code and with Governing Board approval, local schools may schedule minimum days for parent conferences and/or staff development purposes. Student-free staff development days, the maximum number of which is determined by law, may also be scheduled by local schools. The school calendar listing minimum days, staff development days, and other school or district events is distributed annually by the school in which the student is enrolled. Please contact the school for more information.
District Expectations Regarding Attendance (AR 5113)
Students are expected to have on-time, regular school attendance. Parents are expected to support such attendance and to contact the school promptly when a student is absent. Each principal shall be responsible for specific implementation of the District Attendance Policies and Procedures at his/her school, including written communication regarding the District and School attendance procedures. Students who fail to abide by District expectations regarding attendance, including those who are truant or those students with excessive excused absences, may be referred to Truancy Mediation or be required to appear before the District Attorney.
10% Excused Absence Policy
When a student has accrued absences due to illness equal to or surpassing ten percent (10%) of the school days, from the date of enrollment to the current day, subsequent absences may be verified by a physician, school nurse, or other school personnel for each additional absence. Absences must be cleared daily, unless other arrangements are made with the school principal or designee. Failure to provide verification from the physician or school health services support specialist will result in those additional absences being recorded as unexcused.
Absence for Religious Purposes (EC 56014)
Pupils, with the written consent of their parents or guardians, may be excused from school in order to participate in religious exercises or to receive moral and religious instruction at their respective places of worship or at other suitable place or places away from school property designated by the religious group, church, or denomination, which shall be in addition and supplementary to the instruction in manners and morals required elsewhere in this code. Such absence shall not be deemed absence in computing average daily attendance, if all of the following conditions are complied with:
a) The governing board of the district of attendance, in its discretion, shall first adopt a resolution permitting pupils to be absent from school for such exercises or instruction.
b) The governing board shall adopt regulations governing the attendance of pupils at such exercises or instruction and the reporting thereof.
c) Each pupil so excused shall attend school at least the minimum school day for his grade for elementary schools, and as provided by the relevant provisions of the rules and regulations of the State Board of Education for secondary schools.
d) No pupil shall be excused from school for such purpose for more than four days per school month.
It is hereby declared to be the intent of the Legislature that this section shall be permissive only.
Absence for Justifiable Reasons (EC 48205)
Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
- Due to his or her illness.
- Due to quarantine under the direction of a county or city health officer.
- For the purpose of having medical, dental, optometric, or chiropractic services rendered.
- 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.
- For the purpose of jury duty in the manner provided for by law.
- Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent.
- 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.
- For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. "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."
Completion of Missed Work for Excused Absence (EC 48205)
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 any class from which a pupil is absent shall determine that tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
Uniform Complaint Procedures
- The Fremont Union High School District is primarily responsible for compliance with federal and state laws and regulations.
- The District has designated the Consulting Administrator as the Compliance Officer to receive and investigate complaints to ensure District compliance with law.
- If dissatisfied with the District’s decision, a complainant may appeal the district’s decision to the California Department of Education by filing a written appeal within 15 days of receiving the District’s decision.
- A complainant is free to pursue any civil law remedies that may be available under state or federal discrimination laws, if applicable, and of the appeal pursuant to Education Code Section 262.3
- Copies of the complaint form are available from the school or District Office free of charge.
Williams Uniform Complaint Procedures
The Board of Trustees recognizes that the district is primarily responsible for complying with applicable state and federal laws and regulations governing educational programs. The district shall investigate complaints alleging failure to comply with such laws and/or alleging discrimination and shall seek to resolve those complaints in accordance with the District's Uniform Complaint Procedures. (5 CCR 4620)
1. A complaint related to textbooks and instructional materials
a) A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state- or district-adopted textbooks or other required instructional materials to use in class.
b) A pupil does not have access to instructional materials to use at home or after school.
c) Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
d) A pupil was provided photocopied sheets from only a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials.
2. A complaint related to teacher vacancy or misassignment
a) A semester begins and a certificated teacher is not assigned to teach the class. Vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester. (Education Code 33126)
b) A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner pupils in the class.
c) A teacher is assigned to teach a class for which the teacher lacks subject matter competency. Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (Education Code 35186; 5 CCR 4600)
3. A complaint related to facilities
a) A condition poses an emergency or urgent threat to the health or safety of pupils or staff. Emergency or urgent threat means structures or systems that are in a condition that poses a threat to the health and safety of pupils or staff while at school, including but not limited to gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems; electrical power failure; major sewer line stoppage; major pest or vermin infestation; broken windows or exterior doors or gates that will not lock and that pose a security risk; abatement of hazardous materials previously undiscovered that pose an immediate threat to pupils or staff; or structural damage creating a hazardous or uninhabitable condition. (Education Code 17592.72)
b) A school restroom has not been cleaned, maintained, or kept open in accordance with Education Code 35292.5. Clean or maintained school restroom means a school restroom has been cleaned or maintained regularly, is fully operational, or has been stocked at all times with toilet paper, soap, and paper towels or functional hand dryers. (Education Code 35292.5). Open restroom means, except as necessary for pupil safety or to make repairs, the school has kept all restrooms open during school hours when pupils are not in classes and has kept a sufficient number of restrooms open during school hours when pupils are in classes. (Education Code 35292.5)
4. A complaint related to High school exit examination intensive instruction and services. A pupil, including an English learner, who has not passed the exit exam by the end of grade 12 was not provided the opportunity to receive intensive instruction and services pursuant to Education Code 37254(d)(4) and (5) after completion of grade 12 for two consecutive academic years or until the pupil has passed both parts of the exam, whichever comes first. (Education Code 35186)
The Superintendent or designee shall ensure that school sites have the district’s complaint forms available for Williams identified complaints. Each school and work site also has copies of the Uniform Complaint Procedures on file for access by employees, parents, and the public. If you have questions, need additional information, or wish to file a complaint, please call the Consulting Administrator who serves as the District’s Compliance Officer at (408) 522-2209.
If a complainant is not satisfied with the resolution of the complaint, he/she may describe the complaint to the Board of Trustees at a regularly scheduled hearing. (E Code 35186; 5 CCR 4686)
For complaints concerning a facility condition that poses an emergency or urgent threat to the health or safety of pupils or staff as described in item #3 above, a complainant who is not satisfied with the resolution offered by the principal or Superintendent or designee may file an appeal to the Superintendent of Public Instruction within 15 days of receiving the district's response. The complainant shall comply with the appeal requirements specified in 5 CCR 4632. (Education Code 35186; 5 CCR 4687)
The Superintendent or designee shall also disseminate information about available appeals, civil law remedies and conditions under which a complaint may be taken directly to the California Depart. of Education. The Superintendent or designee shall ensure that complainants understand that they may pursue other remedies, including actions before civil courts or other public agencies (See Appendix for Williams Complaint Form).
Standards of Discipline
Standards of discipline are developed at each school. Copies of these standards may be obtained from the principal. Each school shall review its site-level discipline rules at least every four years. It shall be the duty of each employee of the school to enforce the school rules on student discipline.
Conduct of Students
The Board of Trustees believes that all students have the right to be educated in a positive learning environment free from disruptions. On school grounds and at school activities, students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with the school program. Behavior is considered appropriate when students are diligent in study, careful with school property, courteous, and respectful towards their teachers, other staff, students and volunteers.
Suspension and Expulsion (BP/AR 5144.1)
The Board of Trustees has established policies and standards of behavior in order to promote learning and protect the safety and well being of all students. When these policies and standards are violated, it may be necessary to suspend or expel a student from regular classroom instruction.
Suspended or expelled students shall be excluded from all school-related extracurricular activities during the period of suspension or expulsion.
Except where suspension for a first offense is warranted in accordance with law, suspension shall be imposed only when other means of correction fail to bring about proper conduct.
Expulsion is an action taken by the Board for severe or prolonged breaches of discipline by a student. Except for single acts of a grave nature, expulsion is used only when there is a history of misconduct, when other forms of discipline, including suspension, have failed to bring about proper conduct, or when the student's presence causes a continuing danger to him/herself or others.
A student may be subject to suspension or expulsion when it is determined that he/she:
- Caused, attempted to cause, or threatened to cause physical injury to another person or willfully used force or violence upon the person of another, except in self-defense .
- 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 principal or designee's concurrence.
- Unlawfully possessed, used, sold, or otherwise furnished, or was under the influence of, any controlled substance as defined in Health and Safety Code 11053-11058,alcoholic beverage, or intoxicant of any kind.
- Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11058,alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid, substance or material and represented same as controlled substance, alcohol beverage or intoxicant.
- Committed or attempted to commit robbery or extortion.
- Caused or attempted to cause damage to school property or private property.
- Stole or attempted to steal school property or private property.
- Possessed or used tobacco or any products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. This restriction shall not prohibit a student from using or possessing his/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 any drug paraphernalia, as defined in Health and Safety Code 11014.5.
- Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, other school officials, or other school personnel engaged in the performance of their duties.
- Knowingly received stolen school property or private property.
- Possessed an imitation firearm, i.e., 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 Penal Code 261,266c,286,288,288a or 289,or committed a sexual battery as defined in Penal Code 243.4.
- Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness.
- Engaged, or attempted to engage in, bullying, including electronic bullying.
- Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
- Made terrorist threats against school officials and/or school property.
- Engaged in, or attempted to engage in, hazing as defined in subdivision (b) of Section 245.6 of the Penal Code.
A student in grades 9 through 12 is also subject to suspension or recommendation for expulsion when it is determined that he/she:
- Committed sexual harassment as defined Education Code 212.5.
- Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in Education Code 233.
- Intentionally engaged in harassment, threats or intimidation against district personnel or 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 school personnel or students by creating an intimidating or hostile educational environment.
A student may be suspended or expelled for any of the acts listed above if the act is related to school activity or school attendance occurring at any district school under the jurisdiction of the Superintendent or principal or within any other school district, including but not limited to the following circumstances:
1. While on school grounds
2. While going to or coming from school
3. During the lunch period, whether on or off the school campus
4. During, going to, or coming from a school-sponsored activity
A student 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 suspended, but not expelled, 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 48900(a) of the California Education Code.
Appeal of Suspension
The parents or guardian and the pupil have the right to appeal this suspension to the Principal. If the Principal upholds the suspension, the parents or guardians have the right to request a meeting with the Superintendent or the Superintendent’s designee. At the Principal or Superintendent/designee level, if it is determined that no violation occurred, and/or that the penalty imposed was inappropriate, all references to suspension shall be removed from the student’s records. You are also entitled to review the student’s records.
Required Parent Attendance at School
California provides that teachers may require the parent or guardian of a student who has been suspended by the teacher pursuant to the Education Code to attend a portion of a school day in the classroom of that teacher. Parental attendance may be requested on the day the student returns to class or within one week thereafter. The principal or designee shall contact any parents/guardians who do not respond to the request to attend school. The Board recognizes that parental compliance with this policy may be delayed, modified or prevented for reasons such as serious illness/injury/disability, absence from town, or inability to get release time from work.
Sexual Harassment (231.5)
Fremont Union High School District’s policy is to provide a working and learning environment free of all forms of unlawful discrimination, including sexual harassment. The District promptly investigates all forms of sexual harassment and takes immediate remedial action. If a student engages in sexual harassment, remedial action may include discipline, up to and including expulsion. For additional information, please contact the Consulting Administrator at (408) 522-2209.
Acts of harassment or bullying may be sufficiently severe or pervasive as to create an intimidating, hostile, or offensive educational environment. Harassment specifically includes, but is not limited to:
- Assault (sexual or physical)
- Physical abuse (unnecessary touching, pushing, or cornering, etc.)
- Intimidation (leering, or displaying materials designed to embarrass or intimidate)
- Verbal abuse (proposition, lewd comments, or sexual insults)
- Subtle or overt pressure for favors accompanied by implied or overt threats.
Students who engage in harassment or bullying shall be subject to suspension/notification to law enforcement and/or expulsion from school.
Acts of hate-motivated behavior may be sufficiently severe or pervasive as to create an intimidating, hostile, or offensive educational environment. Hate-motivated behavior specifically includes, but is not limited to, criminal acts which are statutory violations, and non-criminal acts such as:
- Using bigoted insults, taunts or slurs, or threatening the safety of a student
- Posting or circulating demeaning jokes, leaflets, or caricatures
- Possession or display of hate group literature, caricatures, and the like
Students who engage in hate-motivated behavior shall be subject to suspension/notification to law enforcement and/or expulsion from school.
Zero Tolerance Policy
The Board desires students and staff to be free from the fear and danger presented by campus violence, controlled substances or weapons. The Board therefore prohibits students from possessing weapons, firearms, imitation firearms, controlled substances, or dangerous instruments of any kind in school buildings, on school grounds, on school transportation, or at school-related or school-sponsored activities away from school. Students will be recommended for expulsion for any of the following acts of misconduct:
- Possessing, selling, or otherwise furnishing a firearm
- Possession/brandishing of any knife; possession of an explosive, or other dangerous object of no reasonable use to the pupil
- Unlawful possession, sale or distribution of any controlled substance
- Causing serious physical injury to another person; robbery or extortion
- Assault or battery upon any school employee
Under no circumstances are students to bring weapons, explosives, alcohol, drugs or tobacco products onto campus. These items will be confiscated; further, the possession of any prohibited item will result in disciplinary and/or legal actions. Students are also reminded not to bring pets, scooters, skateboards, or in-line skates to school. All of the above items are dangerous and/or disruptive in the school setting. They may be confiscated and taken to the office.
Use of Electronic Devices (MP3/CD/DVD Players; Cell Phones)
Electronic devices are not to be used in any school building or disrupt any part of the instructional day. Cell phones can only be used outside during non-class time. Disruption of the instructional environment will result in
- Confiscation and return at the end of the day by the assistant principal,
- Confiscation and return to the parent, or
- Confiscation and return at the end of the school year.
Cooperation with Law Enforcement
School officials will cooperate with law enforcement officials in the discharge of their duties on campus. As provided in the Ed Code:
- Law enforcement officers have the right to interview students who are suspects or witnesses while these students are at school. School officials must determine the identification and official capacity of the law enforcement person and the authority under which he/she acts. In case of the release of the student to the law enforcement officer, the school official shall determine the reason for such action.
- The principal/designee shall inform the student of the request for an interview and may be present during the interview only when requested by the student and/or officer. If the officer asks the principal/designee to leave, they must do so by law.
- The principal/designee shall notify the parent/guardian within a reasonable time of any investigation and/or release of a student except when the investigation and/or release is for suspected child abuse or neglect.
To register a student, the parent/legal guardian must supply three types of original documentation, including, but not limited to:
- Valid photo ID
- Current valid vehicle registration, current year’s W-2’s, or current paycheck/paystub with name and full address of employer and employee appearing on paycheck/paystub.
- Current property tax bill with parent’s name and property address indicating homeowner’s exemption OR rental/lease agreement with parent’s name, student’s name and address, as well as manager/owner’s name and phone number
If at any time a student’s residence is in question, the District will investigate.
Interdistrict Transfers (BP 5117)
The Superintendent/designee shall be responsible for establishing agreements with other school districts to provide for interdistrict transfers of students. Because of limited space within District schools and limited resources, the Board of Trustees discourages transfers into the district and will consider approving such transfers only on a case-by-case basis through an interdistrict attendance agreement.
Open Enrollment (EC 35160.5)
Fremont Union High School District has established rules and regulations regarding an open enrollment policy within the District for residents of the District. As required under this section, the policy includes the following elements:
- Parents and guardians of each school-age child who is a resident in the district may select the school the child shall attend, irrespective of the particular location of his/her residence within the district.
- A selection policy for any school that receives request for admission in excess of the capacity of the school that ensures selection of students to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether any student should be enrolled based on his or her academic or athletic performance. For the purposes of this subdivision, the school district Governing Board shall determine the capacity of the schools in its district.
- No student who currently resides in the attendance area of a school shall be displaced by students transferring from outside the attendance area.
The Board of Trustees determined that District schools do not have sufficient excess capacity to permit intra-district transfers through Open Enrollment for the 2012-13 school year.
Emergency Information (EC 49408)
Parents are required to provide and keep current emergency contact information in order to facilitate communication in the event of an accident or illness.
Immunizations (Health Code, Title 17, Chapter 4, Section 6000)
All students must show evidence of immunization against poliomyelitis, DPT/TD (Diphtheria, Pertussis, and Tetanus) and Measles and Diphtheria only, and Measles upon initial entrance into a school unless immunization is contrary to religious beliefs. In addition, Santa Clara County Department of Public Health requires that all students entering from outside Santa Clara County must have a Mantoux Tuberculosis Test before starting school. Students entering school in California must have proof of immunization against or a history of chicken pox (varicella).
Administration of Medication to Student During Regular School Hours (EC 49423)
Notwithstanding the provisions of Section 49422, any student who is required to take, during the regular school day, medication prescribed for him or her by a physician, may be assisted by the school nurse or other designated school personnel if the school district receives
- a written statement from such physician detailing the method, amount, and time schedules which such medication is to be taken and
- a written statement from the parent or guardian of the student indicating the desire that the school district assist the student in the matters set forth in the physician’s statement.
A new medication authorization is required at the beginning of each school year. A separate form is required for each medication. The medication must be in the original pharmacy container labeled with the student’s name, medication name, dosage and dosage schedule, physician’s name and phone number, and expiration date of the medication.
Students may not possess either over-the-counter or prescription medication during the regular school day or at school related functions without written consent. Although recent legislation allows for students to care and self-administer Epi-Pens and/or asthma inhalers, the law requires a detailed written confirmation from the student’s physician, including confirmation that the student is able to self-administer the medication.
Parents and/or guardians must contact the school office, fill out, and return the Authorization for Student to Carry Medication at School Form (see Appendix). The form is also available on-line at http://www.fuhsd.org/meds. The form must be completed and on file at the beginning of each school year. If you have any questions or concerns, please contact Susan Lake, RN, MSN, School Nurse Consultant at (408) 522-2238.
Student’s Exemption from Physical Exam (EC 49451)
A parent or guardian having control or charge of any child enrolled in the public schools may file annually with the principal of the school in which he is enrolled a statement in writing, signed by the parent or guardian, stating that s/he will not consent to a physical examination of his child. Thereupon the child shall be exempt from any physical examination, but whenever there is a good reason to believe that the child is suffering from a recognized contagious or infectious disease, s/he shall be sent home and shall not be permitted to return until the school authorities are satisfied that any contagious or infectious disease does not exist.
Sight and Hearing Test (EC 49452)
The governing board of any school district shall, subject to Section 49451, provide for the testing of sight and hearing of each student enrolled in the district’s schools.
Insurance (EC 49472)
The governing board of any school district or districts which does not employ at least five physicians as full-time supervisors of health, or the equivalent thereof, may provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance or through policies of liability insurance from authorized insurers, for injuries to pupils of the district or districts arising out of accidents occurring while in or on buildings and other premises of the district or districts during the time such pupils are required to be therein or thereon by reason of their attendance upon a regular day school of such district or districts or while being transported by the district or districts to and from school or other place of instruction, or while at any other place as an incident to school-sponsored activities and while being transported to, from and between such places.
No pupil shall be compelled to accept such service without his consent, or if a minor without the consent of his parent or guardian. The cost of the insurance or membership may be paid, from the funds of the district or districts, or by the insured pupil, his parent or guardian. Such insurance may be purchased from, or such membership may be taken in, only such companies or corporations as are authorized to do business in California. Information regarding student accident insurance is enclosed for your review. If you would like to purchase student accident insurance, please pick up an application from your school.
Notice to School of Nonepisodic Condition (EC 49480)
The parent or legal guardian of any public school pupil on a continuing medication regimen for a nonepisodic 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 the consent of the parent or legal guardian of the pupil, the school nurse may communicate with the physician and may counsel with the 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. The superintendent of each school district shall be responsible for informing parents of all pupils of the requirements of this section.
Release of Student to Obtain Confidential Medical Services (EC 46010.1)
Students in grade 7-12 may be excused from school for the purpose of obtaining confidential medical services without the consent of the student’s parent or guardian.
Temporary Disability (EC 48207, 48208)
Notwithstanding Section 48200, a student with a temporary disability who is in a hospital or other residential facility, excluding a state hospital, which is located outside of the school district in which the student’s parent or guardian resides shall be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. For further information, parents or guardians should contact the School Nurse Consultant/Special Education Office at (408) 522-2238.
Sun Protection (E.C. 35183.5)
Students, when outdoors, can wear sun protective clothing, including, but not limited to hats. Students may also apply sunscreen during the day without a doctor’s note or prescription.
Asbestos Hazard Emergency Response Act (AHERA)
As required by the Environmental Protection Agency’s (EPA) Asbestos Hazard Emergency Response Act (AHERA), an inspection of asbestos containing building materials (ACBM) was conducted by Macs Lab, Inc. of Santa Clara, California in December 2007. This inspection was conducted by EPA-accredited inspectors in accordance with guidelines established by the EPA. This inspection identified areas of ACBM having the potential for release of asbestos fibers. All areas noted by the inspectors were completed during December 2007.
To eliminate the potential of future harm, the Fremont Union High School District has a continuing periodic surveillance and maintenance program which ensures that ACBM does not become hazardous. A copy of the school’s Asbestos Management Plan, the results of the December 2007 inspection, and other asbestos records are located in the school administration office. This documentation is public information and is available for your review. If you have any questions or concerns, please contact Glen Evans, COO/Associate Superintendent, at (408) 522-2205.
Healthy Schools Act Policy Statement (AB 2260)
In support of the Healthy Schools Act (AB 2260), the Fremont Union High School District will implement policies and procedures to control structural and landscape pests/weeds and minimize exposure of pesticides/herbicides to students and staff.
It is the policy of this school district to control pests in the school environment. Pests such as cockroaches, fleas, fire ants, stinging wasps, termites and rodents are annoying and can disrupt the learning environment in schools. Pests are known to bite, sting, or transmit diseases, and may also cause allergic responses.
It is the policy of this school district to reduce exposure to pesticides and herbicides in the school environment. When pesticides or herbicides are used to control pests and weeds in schools, there is potential for human exposure. Excessive exposure may result in pesticide/herbicide poisoning or allergic responses in sensitive individuals.
The Healthy Schools Act of 2000 (AB 2260)provides:
- Non-chemical prevention of pests and weeds populations is always preferred using such methods as sanitation, exclusion, and cultural practices.
- The selection and use of the least hazardous methods and materials effective for control of targeted pests and weeds will be implemented.
- Precision targeting of pesticides and herbicides to areas not contacted by or accessible to the students, faculty, and staff will be implemented.
- Application of pesticides/herbicides will only be used “as needed” to correct verified problems.
- All parents and staff will be notified annually in writing of the anticipated pesticide/herbicide products and application to be regularly used throughout the school year. Parents may request in writing a separate written notice for each pesticide/herbicide application seventy-two (72) hours prior to the anticipated application.
- Warning signs will be posted at all entrances to the school district property twenty-four (24) hours prior to regular pesticide/herbicide applications and will remain posted for seventy-two (72) hours after the application.
- Active ingredients of all pesticides/herbicides used by the school district and/or copies of AB 2260 may be obtained by written request to the District Coordinator, John Treanor, at 589 West Fremont Avenue, Sunnyvale, CA 94087 or by contacting the California Department of Pesticide Regulation website at http://www.cdpr.ca.gov
- In the event of an “emergency” application of a pesticide to control a specific and documented problem, signs will be posted immediately and remain posted for seventy-two (72) hours following the application procedure.
Annual Anticipated or Expected Pesticides and Herbicides Use
The following is a list of the anticipated or expected pesticides and herbicides to be used through the 2012-13 school year in the Fremont Union High School District. Complete Material Safety Data Sheets (MSDS) containing all active ingredients for each chemical used may be obtained from Erik Walukiewicz, at 522-2278. Information is also available at http://www.pesticideinfo.org.
EPA Reg. #
Ingredient Expected Usage (Purpose and Amount)
1. Round-up Pro
To control weeds - 1 gallon per three months in each school
2. Avent Gel
To control cockroaches - 1 quart per year at each school To control cockroaches - 1 quart per year at each school
3. Tempo 20WP
To control insects - 1 quart per year at each school
To control insects and mites - ½ pint per year only as needed
To control weeds - 1 gallon per three months at each school
Fremont Union High School District invites questions, concerns, and/or suggestions from our parents, community, students, and staff. All comments regarding the Healthy Schools Act and related policies should be addressed to the following:
Fremont Union High School District
Attention: Erik Walukiewicz
489 West Fremont Avenue
Sunnyvale, CA 94087