Parent/Student Rights and Responsibilities 2014-15 School Year EC = Education Code
BP= Board Policy
AR= Administrative Regulation
DEAR PARENT/GUARDIAN: Section 48980 of the Education Code of California requires that notice be given at the beginning of the first semester or quarter of the regular school term to the parent or guardian of the minor pupils in the school district regarding the rights of the parent or guardian. Section 48982 requires that this Notice be read and the district maintains a signature from the parent or guardian. A parent signature is acknowledgement by the parent or guardian that he or she has been informed of his or her rights but does not indicate that consent to participate in any particular program has either been given or withheld. Accordingly, you are hereby notified as follows (when used in this notification "parent" includes a parent or legal guardian): Absence for Justifiable Reasons/Attendance – Students are expected to attend school regularly. Absences for day trips, travel, etc., are discouraged and considered unexcused by the State of California. Such absences may be detrimental to the student’s education and result in a loss of revenue to the district. Students may be absent for justifiable reasons and may complete missing assignments (EC 46010 and 48205). Pupils in grades 7-12, inclusive, may be excused from school to receive confidential medical services without the consent of the parent or guardian (EC 46010.1). Any student with 10 or more absences in a school year is considered to have excessive absences and will be required to have a medical note from a physician for any additional absences. AR 5113. Absence for Religious Purposes – Pupils, with the written consent of their parents or guardians, may be excused from school to attend religious services at a place away from school property after the student has attended school for the minimum day (EC 46014). Access for Handicapped – The District has named Roy Owens, Supervisor of Maintenance, Operations and Facilities, as the Section 504 Coordinator responsible for handicapped access to school buildings and facilities (Section 504, Rehabilitation Act of 1973). Administration of Medication – School personnel may assist students in taking prescribed medication if the school district receives (1) written directions from the physician and (2) written request from parent or guardian (EC 49423). Asbestos Hazard Emergency Response Act Information – The District is working diligently to identify, assess and remove any asbestos materials in district buildings. We have complied strictly with the 1987 AHERA law as part of our commitment to maintain a safe school environment. Information regarding a complete, updated management plan for asbestos-containing materials is available at each school site. Further information is available by contacting the Maintenance, Operations and Facilities Office. (Federal Register 40 CFR 763.85, 763.93)
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Alternative Schools/Programs – California State Law authorizes all school districts to provide alternative schools. In the event any parent, teacher or student is interested in further information concerning alternative schools, the administrative office of this district has copies of the law available for your information. This law particularly authorizes interested persons to request the Governing Board to establish alternative school programs (EC 58501). Attendance Options – Local – All students in grades 9-12 attend Benicia High School except those who choose to attend, or are assigned to, Liberty High School, an alternative school. All students grades 6, 7 8 attend Benicia Middle School. Elementary (K-5) students attend schools as assigned to a geographic attendance area. A map showing these areas is available from the school or Superintendent’s office. Elementary students may request to attend a school outside their attendance area on Open Enrollment. The open enrollment period is March of each year for the following school year. Attendance policies are available in school offices (BP 5111.1, 5116.1 and 5117). If while on school grounds a student becomes a victim of a violent criminal offense, as defined by the State Board of Education, or attends a school designated by the California Department of Education as persistently dangerous, he/she shall be provided an option to transfer to another district school. (20 USC 7912, 5 CCR 11992). Availability of Course Prospectus – Course prospectus may be obtained from the counseling office at the high school and the vice principal’s offices at middle school and from the principals at the elementary level (EC 49063). Availability of District Discipline Rules – Procedures which govern discipline in the Benicia Unified School District are contained in the Discipline Handbook or student planner, copies of which are available at each school site. Parents may view pertinent Board Policy on the web, at their children’s school or at the District Office (BP 5144, et. seq.). Availability of Free and Reduced Price Meals – Recognizing the importance of good nutrition and the relationship between nutrition and learning, the state has made free and reduced price lunches available to children who qualify. Information about this program is provided annually by the Food Services Department to all students (EC 49510-49520). We encourage families who may qualify to visit our website at www.beniciaunified.org. Availability of Home/Hospital Instruction for Students with Temporary Disabilities – Pupils with temporary disabilities which make attendance in the regular classroom impossible or inadvisable are entitled to individual instruction either at home or in the hospital. Parents should contact the Director of Special Services for further information in these circumstances (EC 48206.3, 48207, 48208). Availability of Information – Special Education – A delineation of the rights of special education students and their parents is available from the Office of Special Services, 350 East K Street, Benicia, CA 94510 (EC 58501). Availability of Insurance Plan – The District provides student accident insurance which is secondary to any insurance the parents may carry and covers students for injury occurring while under district supervision at school or school sponsored events, or while being transported to or from them (EC 49472). The annual cost is paid for by the student. Parents may contact the District Business Office for additional information on the insurance plan. Bullying- No student or group of students shall, through physical, written, verbal, or other means, harass, sexually harass, threaten, intimidate, cyberbully, cause bodily injury to, or commit hate violence against any
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other student or school personnel. (BP 5131.2 is attached) Can Parents Opt Out of State Testing for Their Child? – Yes. California Education Code section 60615 provides, “Notwithstanding any other provision of the law, a parent’s or guardian’s written request to school officials to exclude his or her child from any or all parts of the assessments administered pursuant to this chapter shall be granted.” Section 852 of Title 5 of the California Code of Regulations further provides that parents or guardians may annually submit a written request to the school to excuse their child from any or all parts of the CAASPP for the school year. See 5 C.C.R. §852(c). Challenge, Review and Expunging of Records – Following the inspection and review of student records, the parent may challenge the content of the record by filing a written request with the Superintendent or designee (school principal) to remove information alleged to be inaccurate, an unsubstantiated personal conclusion or reference, a conclusion or reference outside the observer’s area of reference and/or not based on the personal observation of a named person with the time and place of observation noted. The Superintendent or designee will meet with the parent and the employee who made the record, if that employee who made the record is still employed by the district, within thirty (30) days. Should the decision be made not to remove the material, the parent may appeal to the Governing Board. The decision of the Superintendent or Governing Board shall be final. A parent receiving an unfavorable decision may place a written statement of his/her objections that will become a part of the pupil’s student record until such time as the information objected to is corrected or removed (EC 49063, 49070). Chronic Illness – Students with chronic illness may be required to have a physician fill out the Chronic Illness form and have it on file. This form can be found at each school site and on the district website. Concussions and Head Injuries – Students involved in athletics shall on a yearly basis receive an information sheet to be signed and returned by the athlete and the athlete’s parent or guardian before the athlete’s initiating practice or competition. This form is available on the district website and at the school sites. (EC 49475) Disaster Plan Information – Each school site has a plan outlining what to do in case of a major emergency. Parents may review the plan at the school office (CA Admin Code, Title 5, Ed. Section 560). Duties Of Pupils - Pupils must conform to school regulations, obey all directions, be diligent in study, be respectful of teachers/others in authority, and refrain from profane/vulgar language. (5 CCR §300) Evaluation of Vision, Hearing and Scoliosis – Vision, hearing and scoliosis screenings of a child are performed at schools, including tests for visual acuity and color vision, by the licensed registered school nurse who holds a public health and school nurse credential, a certified audiologist or a licensed optometrist upon first enrollment and at least every third year thereafter. The evaluation may be waived upon presentation of a letter at the beginning of each school year indicating your child should be excused from these screenings. The letter must be turned in to the Health Services Office. (EC 49452, 49454, 49455, 449456, 49452.5, 49420, 44870). Excuse from Instruction – Pupils, with the written request of the parent or guardian, may be excused from health, family life and sex instruction classes. Parents have the right to inspect materials to be used in this instruction (EC 51201.5, 51937, 51240). Fees and Charges – School Districts are prohibited against charging any student fees, deposits, or other charges in order to participate in an educational activity, unless authorized by law (EC49010-49013)
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High School Exit Exam – Each Spring, 10th grade students will be required to take the high school exit exam and annually thereafter until they successfully pass the exam. Beginning with the graduating class of 2006, students who do not pass the high school exit exam will not receive a diploma (EC 60850-60859). HIV/AIDS Prevention Instruction – School districts are mandated to ensure that pupils in grades 7 to 12, inclusive, shall receive instruction in AIDS prevention from adequately trained instructors in appropriate courses at least once in middle school and once in high school. Pupils, with the written request of the parent or guardian, may be excused from instruction in AIDS prevention. Parents have the right to inspect materials to be used in this instruction (EC 51201.5, 51937). Immunization – Students will not be unconditionally admitted to school unless prior to their first admission they have been fully immunized against Diphtheria, Pertussis, Tetanus, Poliomyelitis, Measles, Rubella, Varicella and Hepatitis B. This regulation may be waived if the parent or legal guardian submits a letter or affidavit that immunization is contrary to his/her beliefs. Students may be admitted conditionally without full immunization, provided they submit evidence that they have been fully immunized against all of the above diseases within a stated time period (EC 49403, Health and Safety Code 3381, 3386). All students entering the 7th-12th grades will need a TDAP booster shot before starting school. With parent consent, a school district may use public resources for the immunization of pupils for communicable diseases (EC 49403). Inter-district Transfers- The law allows two or more districts to enter into an agreement for the transfer of one or more students for a period of up to five years. New agreements may be entered into for additional periods of up to five years each. The agreement must specify the terms and conditions under which transfers are permitted. Benicia Policy AR 5117 states “Applications shall be made by May 15 proceeding the school year for which the student may be transferred.” It also states that students on Inter-district Transfers must have and maintain good attendance, discipline and grades. There are no statutory limitations on the kinds of terms and conditions districts are allowed to place on transfers. The law on inter-district transfers also provides for the following: If either district denies a transfer request, a parent may appeal that decision to the county board of education. There are specified timelines in the law for filing an appeal and for the county board of education to make a decision. (EC §§46600 et seq.)(BP/AR 5117) Medication - Any student who must take prescribed medication at school and who desires assistance of school personnel must submit a written statement of instructions from the physician and a parental request for assistance in administering the medication. Students may also carry and self-administer prescription autoinjectable epinephrine upon the school's receipt of specified written confirmation and authorization from the student's parent and physician or surgeon. (EC §49423) Nondiscrimination – It is the policy of the Benicia Unified School District not to discriminate on the basis of race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, perceived gender, gender identity or expression, or genetic information: the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics, as required by law. The Board of Trustees has designated the Superintendent, 350 East K Street, Benicia, CA 94510, (707) 747-8300, ext. 1210, to be the District Compliance Officer regarding questions or concerns about non-discrimination policies or practices (Title II, CCR, Title IX, Federal Education Amendments Act of 1972 and Title VI Civil Rights Act of 1964). Open Campus – The Board of Trustees has decided to allow 12th grade students enrolled at Benicia High School to leave the school grounds during the lunch period providing that the student is in good academic and social standing. 9th, 10th and 11th grade students are not allowed to leave the school grounds during the lunch period. The Education Code states, “Neither the school district nor any officer or employee thereof shall be
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liable for the conduct or safety of any pupil during such time as the pupil has left the school grounds pursuant to this section”. (EC 44808.9) Physical Examination – A physical examination may not be given to a child whose parent has filed a written request for exemption from physical examination. However, a child may be sent home if there is good reason to believe he/she is suffering from a recognized contagious or infectious disease (EC 49451). Policy on Student Access to the Internet – A copy of the policy on student access to the Internet is attached (EC 48980, 51870). Pupil Records / Notice Of Privacy Rights Of Parents And Students - Federal and state laws concerning student records grant certain rights of privacy and right of access to students and to their parents. Full access to all personally identifiable written records maintained by the school district must be granted to: (1) Parents of students 17 and younger; (2) Parents of students age 18 and older if the student is a dependent for tax purposes; (3) Students age 18 and older, or students who are enrolled in an institution of postsecondary instruction (called "eligible students"). Parents, or an eligible student, may review individual records by making a request to the principal. The principal will see that explanation and interpretations are provided if requested. Information that is alleged to be inaccurate or inappropriate may be removed upon request. In addition, parents or eligible students may receive a copy of any information in the records at reasonable cost per page within 5 days of the request. District policies and procedures relating to: location of, and types of, records; kinds of information retained; persons responsible for records; directory information; access by other persons; review; and challenge of records are available through the principal at each school. When a student moves to a new district, records will be forwarded upon the request of the new school district. At the time of transfer the parent or eligible student may review, receive a copy (at a reasonable fee), and/or challenge the records. If you believe the district is not in compliance with federal regulations regarding privacy, you may file a complaint with the United States Department of Education (20 USC §1232g) (EC §49063 et seq., §49073, 34 CFR 99.30, 34 CFR 99.34, and the federal Family Educational Rights and Privacy Act). Private School Placement – With the approval of the Benicia Unified School District Board of Trustees, the Solano County Superintendent of Schools and the State Department of Education, certain pupils with physical or mental handicaps for whom special education facilities and services are not available or cannot be reasonably provided, may be paid tuition to enroll in approved private schools or institutions (EC 56001). Reduced Grade/Credit – Grade/credit cannot be reduced due to excused absence if work or test has been completed (EC 48205, 48980). Release Of Pupil Directory Information- The district also makes student directory information available in accordance with state and federal laws. This means that each student's name, birth date, birthplace, address, telephone number, major course of study, participation in school activities, dates of attendance, awards, and previous school attendance may be released in accordance with board policy. In addition, height and weight of athletes may be made available. Appropriate directory information may be provided to any agency or person except private, profit-making organizations (other than employers, potential employers or the news media). Names and addresses of seniors or terminating students may be given to public or private schools and colleges. Parents and eligible students will be notified prior to the destruction of any special education records. You have the right to inspect a survey or other instrument to be administered or distributed to your child that either collects personal information for marketing or sale or requests information about beliefs and practices and any instructional material to be used as part of your child’s educational curriculum. Please contact your child’s school if you wish to inspect such a survey or other instrument. Upon written request from the parent of a student age 17 or younger, the district will withhold directory information about the student. If the student is 18 or older or enrolled in an institution of postsecondary
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instruction and makes a written request, the student's request to deny access to directory information will be honored. Requests must be submitted within 30 calendar days of the receipt of this notification. (EC §49073) Release Of Info To Military Services Reps / Release Of Telephone Numbers- Parents of secondary students may request in writing that the student's name, address, and telephone listing not be released to armed forces recruiters without prior written parental consent. (EC §49073.5; 20 USC §7908(a)(2)) Release Of Student Records / Compliance With Subpoena Or Court Order- Districts are required to make a reasonable effort to notify parents in advance of disclosing student information pursuant to a subpoena or court order. (EC §§49076 AND 49077) Release Of Student Records To School Officials And Empoyees Of The District- Districts may release educational records, without obtaining prior written parental consent, to any school official or employee, which would include accountants, consultants, contractors, or other service providers, who have a legitimate educational interest in the educational record. (EC §§49076(a)(1) and 49064(d)). Required Parental Attendance – The Education Code requires each school district to adopt a policy authorizing teachers to provide that the parent or guardian of a pupil who has been suspended by a teacher pursuant to EC 48910 for reasons specified in subdivision (l) or (k) of EC 48900 may attend a portion of the school day in his or her child’s or ward’s classroom. The policy shall take into account factors that may prevent compliance and shall affect only the class from which the student was suspended. In addition, the parent is protected by law from discharge, threatening with discharge, demotion or any unfair treatment by an employer for taking time to fulfill this requirement through Labor Code 89.7 (EC 48900.1). Right to Request – Parents have the right to request information regarding the professional qualification of their child’s teacher and paraprofessional (20 USC 6311). Right to Refrain from Harmful or Destructive Use of Animals – Individual students have the right to refrain from participation in activities that they feel constitute the harmful and destructive use of animals. Their teacher will give notification to pupils of their rights under this section whenever a course will utilize live or dead animal parts (EC 32255). Schedule of Minimum Days – A copy of the 2013-14 school calendar is available on the website (EC 48980). School Accountability Report Card – Each school is required to prepare a School Accountability Report Card (SARC) and make it available to parents upon request. The SARC is available on the district website. Sex Education Courses/Venereal Disease Instruction – Benicia Unified School District provides curriculum in sex education and venereal disease at the secondary level (6-12). Parents/guardians have the option of looking at the curriculum ahead of time. Parents/guardians may request in writing to the teacher that your student will not be participating in this instruction. An alternative assignment will be given to your student. At the elementary level (5th grade) Benicia Unified School District provides instruction in Family Life. A permission slip must be signed by a parent/guardian and returned to the teacher in order for your student to participate. This section does not apply to words or pictures in any science, hygiene and health textbook (EC 51937). Sexual Harassment – Students – The District is required by law to provide a copy of its sexual harassment policy for students in its annual notification to parents. This policy is attached.
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Special Education (IDEA) - State and federal law requires that a free and appropriate public education (FAPE) in the least restrictive environment be offered to qualified pupils with disabilities ages 3 through 21 years. More information concerning student eligibility, parental rights and procedural safeguards are available upon request. Special Education; Child Find System - Any parent suspecting that a child has exceptional needs may request an assessment for eligibility for special education services through the school principal. Policy and procedures shall include written notification to all parents of their rights pursuant to EC §56300. (EC §56301) Special Education Complaints -State regulations require the district to establish procedures to address complaints regarding special education. If you believe that the district is in violation of federal or state law governing the identification or placement of a special education student, or similar issues, you may file a written complaint with the district. State regulations require the district to forward your complaint to the State Superintendent of Public Instruction. Procedures are available from the Special Services Director. (5 CCR §3080) Section 504 / Pupils With Disabilities (Section 504 of the Rehabilitation Act of 1973) -Federal law requires districts to annually notify pupils with disabilities and their parents of the district's nondiscriminatory policy and duty under Section 504 of the Rehabilitation Act. Discrimination on the basis of disability is prohibited. Section 504 requires districts to identify and evaluate children with disabilities to ensure a free, appropriate public education. Individuals with physical or mental impairment that substantially limits one or more major life activities, including learning, are eligible to receive services and aids designed to meet their needs to same extent needs of nondisabled students are met. Suspension of Students – The Education Code defines suspension as the “removal of a pupil from ongoing instruction for adjustment purposes”. Referrals are not considered suspensions. The Education Code lists the offenses that may be cause for suspending or expelling a student. Many disciplinary offenses fit under the listed general offense and thus may give cause for suspension or expulsion: a) willfully causing or attempting to cause or threatening to cause physical injury to another person or making terrorist threats; b) possessing, selling or otherwise furnishing 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 the site administrator; a student found in possession of a firearm at school or at a school activity shall be immediately suspended and recommended for expulsion; c) unlawfully possessing, using, selling or otherwise furnishing, or being under the influence of, any controlled substance, alcoholic beverage or intoxicant of any kind; d) unlawfully offering, arranging or negotiating to sell any controlled substance, alcoholic beverage or intoxicant, or that represented to be a controlled substance, alcoholic beverage or intoxicant, or that represented to be a controlled substance, intoxicant or alcoholic beverage, through in fact it is not; e) committing or attempting to commit a robbery or extortion; f) causing or attempting to cause damage to school property or stolen private property; g) stealing or attempting to steal school property or private property; h) possessing or using tobacco, or any products containing tobacco or nicotine products; i) committing an obscene act, or engaging in habitual profanity or vulgarity; j) unlawfully possessing, or offering, arranging or negotiating to sell any drug paraphernalia; k) disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials or other school personnel engaged in the performance of their duties; l) knowingly receiving stolen school property or private property; m) possessing 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 (EC 48900(m));
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n) committed or attempted to commit a sexual assault; o) harassed, threatened or intimidated a witness; p) unlawfully offered to sell Soma; q) engaged in or attempted to engage in hazing r) engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act directed specifically toward a pupil or school personnel. s) aid or abet the infliction or attempted infliction of physical injury. t) pupil has made terrorist threats against school officials or school property, or both Students in grades 4-12 are also liable for suspension or recommendation for expulsion for any of the acts below: a) committing sexual harassment as defined in Education Code 212.5; b) causing, or attempting to cause, threatening to cause or participating in an act of hate violence as defined in Education Code 33032.5; c) intentionally harassing, threatening or intimidating a student or group of students to the extent of having the actual or reasonably expected effect of materially disrupting class work, creating substantial disorder and invading student rights by creating an intimidating or hostile educational environment (EC 48900.4).(EC 48900, 48925). Tobacco-Free Schools - Use of tobacco products at any time by students, staff, parents, or visitors, is strictly prohibited in district-owned or leased buildings, on district property, and in district vehicles. This prohibition applies to all employees, students, and visitors at any school-sponsored instructional program, activity, or athletic event held on or off district property. Prohibited products include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, and nicotine delivery devices such as electronic cigarettes. Exceptions may be made for the use or possession of prescription nicotine products. Any employee or student who violates the district’s tobacco-free schools policy shall be asked to refrain from smoking and shall be subject to disciplinary action as appropriate. (HS §104420) Truancy -Any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without valid excuse three full days in one school year or tardy or absent for more than any 30-minute period during the school day without a valid excuse on three occasions in one school year, or any combination thereof, is a truant and shall be reported to the attendance supervisor or to the assistant superintendent of the school district. (EC §48260) Uniform Complaint Procedures – The Governing Board has designated Janice Adams, Superintendent, to receive and investigate complaints and ensure district compliance with the law in regarding to the programs noted: categorical programs, vocational education and child care; special education and discrimination. The complete appeal process is contained in the Administrative Regulation to Board Policy 1312.3, which is available at the District Office, the public library and every school site and upon request. A formal complaint form is available in the District Office. Once completed, it should be sent to the Superintendent, 350 East K Street, Benicia, CA 94510. (Code of Regulations, Title 5, 4622, 4631). Vandalism – In the event that it is found that a student has participated in, or is solely responsible for, an act of vandalism, the parents/guardians may be held liable for the cost of repairing the damage up to $25,000, and the costs of rewards of $25,000 (Civil Code 1714.1). Use of Pesticides – A list of pesticide products expected to be applied can be found on the website www.beniciaunified.org. The Internet address to access information on pesticides and pesticide use reduction is http://www.cdpr.ca.gov. Parents/eligible students who believe their rights have been violated may file a complaint with:
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Family Policy Compliance Office U.S. Department of Education 400 Maryland Ave., SW Washington, D.C. 20202-4605
Benicia USD Board Policy Sexual Harassment BP 5145.7 Students The Governing Board is committed to maintaining an educational environment that is free from harassment. The Board prohibits sexual harassment of students by other students, employees or other persons, at school or at school-sponsored or school-related activities. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assist or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation. Instruction/Information The Superintendent or designee shall ensure that all district students receive age-appropriate instruction and information on sexual harassment. Such instruction and information shall include: 1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same gender 2.
A clear message that students do not have to endure sexual harassment
3. Encouragement to report observed instances of sexual harassment, even where the victim of the harassment has not complained 4. (cf. (cf. (cf. (cf. (cf.
Information about the person(s) to whom a report of sexual harassment should be made 5131.5 - Vandalism, Theft and Graffiti) 5137 - Positive School Climate) 5141.4 - Child Abuse Prevention and Reporting) 5145.3 - Nondiscrimination/Harassment) 6142.1 - Sexual Health and HIV/AIDS Prevention)
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Complaint Process Any student who feels that he/she is being or has been subjected to sexual harassment shall immediately contact his/her teacher or any other employee. A school employee to whom a complaint is made shall, within 24 hours of receiving the complaint, report it to the principal or designee. Any school employee who observes any incident of sexual harassment involving a student shall report this observation to the principal or designee, whether or not the victim files a complaint. In any case of sexual harassment involving the principal or any other district employee to whom the complaint would ordinarily be made, the employee who receives the student's report or who observes the incident shall report to the nondiscrimination coordinator or the Superintendent or designee. (cf. (cf. (cf. (cf.
4119.11/4219.11/4319.11 - Sexual Harassment) 5145.3 - Nondiscrimination/Harassment) 4119.11/4219.11/4319.11 - Sexual Harassment) 5145.3 - Nondiscrimination/Harassment)
The principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate the complaint in accordance with administrative regulation. Where the principal or designee finds that sexual harassment occurred, he/she shall take prompt, appropriate action to end the harassment and address its effects on the victim. The principal or designee shall also advise the victim of any other remedies that may be available. The principal or designee shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where required. (cf. 1312.1 - Complaints Concerning District Employees) Disciplinary Measures Any student who engages in sexual harassment of anyone at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action. For students in grades 4 through 12, disciplinary action may include suspension and/or expulsion, provided that in imposing such discipline the entire circumstances of the incident(s) shall be taken into account. Record-Keeping The Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the district to monitor, address and prevent repetitive harassing behavior in its schools. All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. (5 CCR 4964) (cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)
Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination on the basis of sex 48900 Grounds for suspension or expulsion 48900.2 Additional grounds for suspension or expulsion; sexual harassment
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48904 Liability of parent/guardian for willful student misconduct 48980 Notice at beginning of term CIVIL CODE 51.9 Liability for sexual harassment; business, service and professional relationships 1714.1 Liability of parents/guardians for willful misconduct of minor GOVERNMENT CODE 12950.1 Sexual harassment training CODE OF REGULATIONS, TITLE 5 4600-4687 Uniform complaint procedures 4900-4965 Nondiscrimination in elementary and secondary education programs UNITED STATES CODE, TITLE 20 1681-1688 Title IX, discrimination UNITED STATES CODE, TITLE 42 1983 Civil action for deprivation of rights 2000d-2000d-7 Title VI, Civil Rights Act of 1964 2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended CODE OF FEDERAL REGULATIONS, TITLE 34 106.1-106.71 Nondiscrimination on the basis of sex in education programs COURT DECISIONS Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567 Flores v. Morgan Hill Unified School District, (2003, 9th Cir.) 324 F.3d 1130 Reese v. Jefferson School District, (2001, 9th Cir.) 208 F.3d 736 Davis v. Monroe County Board of Education, (1999) 526 U.S. 629 Gebser v. Lago Vista Independent School District, (1998) 524 U.S. 274 Oona by Kate S. v. McCaffrey, (1998, 9th Cir.) 143 F.3d 473 Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447 Management Resources: CSBA PUBLICATIONS Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011 Providing a Safe, Nondiscriminatory School Environment for All Students, Policy Brief, April 2010 OFFICE FOR CIVIL RIGHTS PUBLICATIONS Dear Colleague Letter: Sexual Violence, April 4, 2011 Sexual Harassment: It's Not Academic, September 2008 Revised Sexual Harassment Guidance, January 2001 WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr Policy BENICIA UNIFIED SCHOOL DISTRICT adopted: March 21, 2002 Benicia, California revised: March 15, 2007 revised: September 20, 2012
Benicia USD Administrative Regulation Sexual Harassment Page 11 of 22
AR 5145.7 Students Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors or other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite gender, in the educational setting, when: (Education Code 212.5; 5 CCR 4916) 1. Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress 2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student 3. The conduct has the purpose or effect of having a negative impact on the student's academic performance, or of creating an intimidating, hostile or offensive educational environment 4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity Types of conduct which are prohibited in the district and which may constitute sexual harassment include, but are not limited to: 1.
Unwelcome leering, sexual flirtations or propositions
2.
Sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions
3.
Graphic verbal comments about an individual's body, or overly personal conversation
4.
Sexual jokes, notes, stories, drawings, pictures or gestures
5.
Spreading sexual rumors
6.
Teasing or sexual remarks about students enrolled in a predominantly single-gender class
7.
Massaging, grabbing, fondling, stroking or brushing the body
8.
Touching an individual's body or clothes in a sexual way
9.
Purposefully cornering or blocking normal movements
10.
Displaying sexually suggestive objects
Notifications A copy of the district's sexual harassment policy and regulation shall:
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1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year (Education Code 48980; 5 CCR 4917) (cf. 5145.6 - Parental Notifications) 2. Be displayed in a prominent location in the main administrative building or other area where notices of district rules, regulations, procedures and standards of conduct are posted (Education Code 231.5) 3. Be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester or summer session (Education Code 231.5) 4. Appear in any school or district publication that sets forth the school's or district's comprehensive rules, regulations, procedures and standards of conduct (Education Code 231.5) 5.
Be provided to employees and employee organizations
Investigation of Complaints at School (Site-Level Grievance Procedure) 1. The principal or designee shall promptly investigate all complaints of sexual harassment. In so doing, he/she shall talk individually with: a.
The student who is complaining
b.
The person accused of harassment
c.
Anyone who witnessed the conduct complained of
d.
Anyone mentioned as having related information
2. The student who is complaining shall have an opportunity to describe the incident, present witnesses and other evidence of the harassment, and put his/her complaint in writing. 3. The principal or designee shall discuss the complaint only with the people described above. When necessary to carry out his/her investigation or for other good reasons that apply to the particular situation, the principal or designee also may discuss the complaint with the following persons: a.
The Superintendent or designee
b.
The parent/guardian of the student who complained
c.
If the alleged harasser is a student, his/her parent/guardian
d. A teacher or staff member whose knowledge of the students involved may help in determining who is telling the truth e.
Child protective agencies responsible for investigating child abuse reports
(cf. 5141.4 - Child Abuse Prevention and Reporting) f.
Legal counsel for the district
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4. When the student who complained and the alleged harasser so agree, the principal or designee may arrange for them to resolve the complaint informally with the help of a counselor, teacher, administrator or trained mediator. The student who complained shall never be asked to work out the problem directly with the accused person unless such help is provided and both parties agree. 5.
In reaching a decision about the complaint, the principal or designee may take into account:
a.
Statements made by the persons identified above
b.
The details and consistency of each person's account
c.
Evidence of how the complaining student reacted to the incident
d.
Evidence of any past instances of harassment by the alleged harasser
e.
Evidence of any past harassment complaints that were found to be untrue
6.
To judge the severity of the harassment, the principal or designee may take into consideration:
a.
How the misconduct affected one or more students' education
b.
The type, frequency and duration of the misconduct
c.
The number of persons involved
d.
The age and gender of the person accused of harassment
e.
The subject(s) of harassment
f.
The place and situation where the incident occurred
g.
Other incidents at the school, including incidents of harassment that were not related to gender
7. The principal or designee shall inform the student of his/her findings, decision, and reasons for the decision and shall present this report to the student who complained and the person accused. 8. The principal or designee shall give the Superintendent or designee a written or oral report of the complaint and investigation. If the principal or designee verifies that sexual harassment occurred, this report shall describe the actions taken to end the harassment, address the effects of the harassment on the student harassed, and prevent retaliation or further harassment. 9. Within two weeks after receiving the complaint, the principal or designee shall determine whether or not the student who complained has been further harassed. The principal or designee shall keep a record of this information and shall continue this follow-up. Enforcement The Superintendent or designee shall take appropriate actions to reinforce the district's sexual harassment policy. As needed, these actions may include any of the following:
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1.
Removing vulgar or offending graffiti.
2.
Providing staff inservice and student instruction or counseling.
3.
Notifying parents/guardians of the actions taken.
4.
Notifying child protective services.
5. Taking appropriate disciplinary action. In addition, the principal or designee may take disciplinary measures against any person who is found to have made a complaint of sexual harassment which he/she knew was not true. Regulation approved: revised:
BENICIA UNIFIED SCHOOL DISTRICT March 21, 2002 Benicia, California March 15, 2007
Benicia USD Board Policy Bullying BP 5131.2 Students The Governing Board recognizes the harmful effects of bullying on student learning and school attendance and desires to provide safe school environments that protect students from physical and emotional harm. District employees shall establish student safety as a high priority and shall not tolerate bullying of any student. No student or group of students shall, through physical, written, verbal, or other means, harass, sexually harass, threaten, intimidate, cyberbully, cause bodily injury to, or commit hate violence against any other student or school personnel. (cf. (cf. (cf. (cf. (cf.
5131 - Conduct) 5136 - Gangs) 5145.3 - Nondiscrimination/Harassment) 5145.7 - Sexual Harassment) 5145.9 - Hate-Motivated Behavior)
Cyberbullying includes the transmission of harassing communications, direct threats, or other harmful texts, sounds, or images on the Internet, social media, or other technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person's electronic account and assuming that person's identity in order to damage that person's reputation. (cf. 5145.2 - Freedom of Speech/Expression) Strategies for bullying prevention and intervention shall be developed with involvement of key stakeholders in accordance with law, Board policy, and administrative regulation governing the development of comprehensive safety plans and shall be incorporated into such plans.
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(cf. (cf. (cf. (cf. (cf.
0420 0450 1220 1400 6020
-
School Plans/Site Councils) Comprehensive Safety Plan) Citizen Advisory Committees) Relations Between Other Governmental Agencies and the Schools) Parent Involvement)
Bullying Prevention To the extent possible, district and school strategies shall focus on prevention of bullying by establishing clear rules for student conduct and strategies to establish a positive, collaborative school climate. Students shall be informed, through student handbooks and other appropriate means, of district and school rules related to bullying, mechanisms available for reporting incidents or threats, and the consequences for perpetrators of bullying. (cf. 5137 - Positive School Climate) (cf. 6164.2 - Guidance/Counseling Services) The district may provide students with instruction, in the classroom or other educational settings, that promotes effective communication and conflict resolution skills, social skills, character/values education, respect for cultural and individual differences, self-esteem development, assertiveness skills, and appropriate online behavior. (cf. 6163.4 - Student Use of Technology) (cf. 6142.8 - Comprehensive Health Education) (cf. 6142.94 - History-Social Science Instruction) School staff shall receive related professional development, including information about early warning signs of harassing/intimidating behaviors and effective prevention and intervention strategies. (cf. 4131 - Staff Development) (cf. 4231 - Staff Development) (cf. 4331 - Staff Development) Based on an assessment of bullying incidents at school, the Superintendent or designee may increase supervision and security in areas where bullying most often occurs, such as classrooms, playgrounds, hallways, restrooms, cafeterias. Intervention Students are encouraged to notify school staff when they are being bullied or suspect that another student is being victimized. In addition, the Superintendent or designee shall develop means for students to report threats or incidents confidentially and anonymously. School staff who witness bullying shall immediately intervene to stop the incident when it is safe to do so. (Education Code 234.1) As appropriate, the Superintendent or designee shall notify the parents/guardians of victims and perpetrators. He/she also may involve school counselors, mental health counselors, and/or law enforcement. Complaints and Investigation
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Students may submit to a teacher or administrator a verbal or written complaint of conduct they consider to be bullying. Complaints of bullying shall be investigated and resolved in accordance with site-level grievance procedures specified in AR 5145.7 - Sexual Harassment. When a student is reported to be engaging in bullying off campus, the Superintendent or designee shall investigate and document the activity and shall identify specific facts or circumstances that explain the impact or potential impact on school activity, school attendance, or the targeted student's educational performance. When the circumstances involve cyberbullying, individuals with information about the activity shall be encouraged to save and print any electronic or digital messages sent to them that they feel constitute cyberbullying and to notify a teacher, the principal, or other employee so that the matter may be investigated. If the student is using a social networking site or service that has terms of use that prohibit posting of harmful material, the Superintendent or designee also may file a complaint with the Internet site or service to have the material removed. Discipline Any student who engages in bullying on school premises, or off campus in a manner that causes or is likely to cause a substantial disruption of a school activity or school attendance, shall be subject to discipline, which may include suspension or expulsion, in accordance with district policies and regulations. (cf. (cf. (cf. (cf. (cf.
5138 - Conflict Resolution/Peer Mediation) 5144 - Discipline) 5144.1 - Suspension and Expulsion/Due Process) 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)) 6159.4 - Behavioral Interventions for Special Education Students)
Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination 32282 Comprehensive safety plan 35181 Governing board policy on responsibilities of students 35291-35291.5 Rules 48900-48925 Suspension or expulsion 48985 Translation of notices PENAL CODE 647 Use of camera or other instrument to invade person's privacy; misdemeanor 647.7 Use of camera or other instrument to invade person's privacy; punishment
653.2 Electronic communication devices, threats to safety UNITED STATES CODE, TITLE 47 254 Universal service discounts (e-rate) COURT DECISIONS J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094 Lavine v. Blaine School District, (2002) 279 F.3d 719
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Policy BENICIA UNIFIED SCHOOL DISTRICT adopted: September 20, 2012 Benicia, California
Benicia USD Board Policy Technology AR 6163.4 Instruction Responsible Use Guidelines for Technology Benicia Unified School District makes a variety of communications and information technologies available to students through computer/network/Internet access. These technologies, when properly used, promote educational excellence in the District by facilitating resource sharing, innovation, and communication. Illegal, unethical or inappropriate use of these technologies can have dramatic consequences, harming the District, its students and its employees. These Responsible Use Guidelines are intended to minimize the likelihood of such harm by educating District students and setting standards which will serve to protect the District. The District firmly believes that digital resources, information and interaction available on the computer/network/Internet far outweigh any disadvantages. Mandatory Review The District requires legal, ethical and appropriate computer/network/Internet use. To educate students on proper use and conduct, students and parents/legal guardians are required to review these guidelines at the beginning of each school year and acknowledge understanding of the guidelines. In addition, Responsible Use Guidelines for Technology are part of the student handbook or planner. Student Access/Student Safety Access to the District’s electronic communications system, including the Internet, is made available to students for instructional purposes and to enhance learning consistent with the District’s educational goals. Access to the District’s computer/network/Internet is a privilege, not a right. The Network has filtering software that blocks access to inappropriate or harmful material and images as defined by the federal Children’s Internet Protection Act (CIPA). Student Email Accounts Electronic communication is an important skill for 21st Century students. Email and other digital tools such as blogs and wikis are tools used to communicate within the District and beyond. BUSD students will be issued email accounts with access differentiated by grade level: Grades 9-12: Email for open use on the Internet. This type of email account can be used to exchange email with any email account anywhere. District “inappropriate language” and spam filters are in place, but as with commercial email providers, these filters are not 100% preventative.
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Grades 6-8: Email for District Internal Use Only. To ensure student safety and compliance with COPPA law these accounts can only be used to exchange email within our district @beniciaunified.org domains. In other words, email with district students and staff only. Grades K-5: Email accounts for District Internal Use Only are issued on request by the students’ teacher. All student email accounts are set up with the student’s user ID and are available while they are currently enrolled in the District. Students whose parents/legal guardians choose to Opt-Out of Internet access will not be issued an email account. Subject to Monitoring District computer/network/Internet usage shall not be considered confidential and is subject to monitoring by designated staff at any time to ensure appropriate use. Students should not use the District network to send, receive or store any information, including email messages, that they consider personal or confidential and wish to keep private. All electronic files, including email messages, transmitted through or stored in the District network system will be treated no differently than any other electronic file. The District reserves the right to access, review, copy, modify, delete or disclose such files for any purpose. Student Code of Conduct and Computer/Network/Internet Responsibilities District students are bound by all portions of the Responsible Use Guidelines. A student who knowingly violates any portion of the Responsible Use Guidelines will be subject to suspension of access and/or revocation of privileges on the District’s system and will be subject to disciplinary action. Use of Social Networking/Digital Tools Students may participate in District-approved social media learning environments related to curricular projects or school activities and use digital tools, such as, but not limited to blogs, discussion forums, RSS feeds, podcasts, wikis, and on-line meeting sessions. The use of blogs, wikis, podcasts, and other digital tools are considered an extension of the classroom. Verbal or written language that is considered inappropriate in the classroom is also inappropriate in all uses of blogs, wikis, podcasts, and other Districtapproved digital tools. Pictures, videos and photos should not be placed on Internet sites in an unrestricted manner. “Private” videos can be shared with specific family members and friends and should not be available to all Internet users. Security Students are required to maintain password confidentiality by not sharing their password with others. Students may not use another person’s system account. A student who gains access to any inappropriate or harmful material is expected to discontinue the access and to report the incident to the supervising staff member. The security problem should not be shared with others. Any student identified as a security risk or as having violated the Responsible Use Guidelines may be denied access to the District’s system and other consequences may also be assigned. A student who knowingly brings prohibited materials into the school’s electronic environment will be subject to suspension of access and/or revocation of privileges on the District’s system and will be subject to disciplinary action in accordance with the Board-approved policy. Use of Personal Telecommunication Devices
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The District’s goal is to increase student access to digital tools and facilitate immediate access to technology-based information. Some schools will allow students to connect privately-owned (personal) telecommunication devices to the District wireless network. Students using personal telecommunication devices must follow the guidelines stated in this document while on school property, attending any school-sponsored activity, or using the BUSD network. Internet access is filtered by the District on personal telecommunication devices in the same manner as District-owned equipment. If network access is needed, connection to the filtered, wireless network provided by the District is required. Personally-owned devices are the sole responsibility of the student owner. The campus or District assumes no responsibility for personal telecommunication devices if they are lost, loaned, damaged or stolen, and only limited time or resources will be spent trying to locate stolen or lost items. Each student is responsible for his/her own device: set-up, maintenance, charging, and security. Telecommunication devices will not be used as a factor in grading or assessing student work. Students who do not have access to personal telecommunication devices will be provided with comparable District-owned equipment or given similar assignments that do not require access to electronic devices. Telecommunication devices are only to be used for educational purposes at the direction of a classroom teacher or as stated for specific age groups. Campus administrators and staff members have the right to prohibit use of devices at certain times or during designated activities (i.e. campus presentations, theatrical performances, or guest speakers) that occur during the school day. Inappropriate Use Inappropriate use includes, but is not limited to, those uses that violate the law, that are specifically named as violations in this document, that violate the rules of network etiquette, or that hamper the integrity or security of the BUSD computer/network/Internet system or any components that are connected to it. The following actions are considered inappropriate uses, are prohibited, and will result in revocation of the student’s access to the computer/network/Internet. Violations of Law Transmission of any material in violation of any federal or state law is prohibited. This includes, but is not limited to:
threatening, harassing, defamatory or obscene material; copyrighted material; plagiarized material; material protected by trade secret; or blog posts, Web posts, or discussion forum/replies posted to the Internet which violate federal or state law.
Tampering with or theft of components from District systems may be regarded as criminal activity under applicable state and federal laws. Any attempt to break the law through the use of a District computer/network/Internet account may result in prosecution against the offender by the proper authorities. Modification of computer or network Modifying or changing computer settings and/or internal or external configurations without appropriate permission is prohibited. Transmitting Confidential Information
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Students may not redistribute or forward confidential information without proper authorization. Confidential information should never be transmitted, redistributed or forwarded to outside individuals who are not expressly authorized to receive the information. Revealing personal information about oneself such as, but not limited to, home addresses, phone numbers, email addresses, birthdates or of others is prohibited. Commercial Use Use of the system for any type of income-generating activity is prohibited. Advertising the sale of products, whether commercial or personal is prohibited. Marketing by Non-BUSD Organizations Use of the system for promoting activities or events for individuals or organizations not directly affiliated with or sanctioned by the District is prohibited. Vandalism/Mischief Any malicious attempt to harm or destroy District equipment, materials or data;, or the malicious attempt to harm or destroy data of another user of the District’s system, or any of the agencies or other networks to which the District has access is prohibited. Deliberate attempts to degrade or disrupt system performance are violations of District policy and administrative regulations and may constitute criminal activity under applicable state and federal laws. Such prohibited activity includes, but is not limited to, the uploading or creating of computer viruses.
Vandalism Vandalism as defined above is prohibited and will result in the cancellation of system use privileges. Students committing vandalism will be required to provide restitution for costs associated with system restoration and may be subject to other appropriate consequences. Impersonation Attempts to log on to the computer/network/Internet impersonating a system administrator or District employee, student, or individual other than oneself, will result in revocation of the student’s access to computer/network/Internet. Illegally Accessing or Hacking Violations Intentional or unauthorized access or attempted access of any portion of the District’s computer systems, networks, or private databases to view, obtain, manipulate, or transmit information, programs, or codes is prohibited. File/Data Violations Deleting, examining, copying, or modifying files and/or data belonging to other users, without their permission is prohibited. System Interference/Alteration Deliberate attempts to exceed, evade or change resource quotas are prohibited. The deliberate causing of network congestion through mass consumption of system resources is prohibited. Consequences of Agreement Violation
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Any attempt to violate the provisions of this agreement may result in revocation of the student’s access to the computer/network/Internet, regardless of the success or failure of the attempt. In addition, school disciplinary and/or appropriate legal action may be taken. Denial, Revocation, or Suspension of Access Privileges With just cause, the System Administrator and/or school principal, may deny, revoke, or suspend computer/network/Internet access as required, pending an investigation. Student Safety/Internet Content/Third-Party Supplied Information Students and parents of students with access to the District’s system should be aware that use of the system may provide access to other electronic communication systems in the global electronic network that may contain material that is illegal, defamatory, inaccurate or controversial. Each District computer with Internet access has filtering software that blocks access to visual depictions that are obscene, pornographic, inappropriate for students, or harmful to minors, as defined by the federal Children’s Internet Protection Act (CIPA). The District makes every effort to limit access to objectionable material; however, controlling all such materials on the computer/network/Internet is impossible, even with filtering in place. With global access to computers and people, a risk exists that students may access material that may not be of educational value in the school setting. Disclaimer The District’s system is provided on an “as is, as available” basis. The District does not make any warranties, whether expressed or implied, including, without limitation, those of merchantability and fitness for a particular purpose with respect to any services provided by the system and any information or software contained therein. The District does not guarantee that the functions or services performed by, or that the information or software contained on the system will meet the system user’s requirements, or that the system will be uninterrupted or error free, or that defects will be corrected. Opinions, advice, services, and all other information expressed by system users, information providers, service providers, or other third-party individuals in the system are those of the providers and not the District. The District will cooperate fully with local, state, or federal officials in any investigation concerning or relating to misuse of the District’s electronic communications system.
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