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Notice to Parents/Guardians 2023-24 (Translatable Version)

BRISBANE SCHOOL DISTRICT 2023-2024

NOTICE TO and RIGHTS of PARENTS/GUARDIANS/EDUCATIONAL RIGHTS HOLDERS

Dear Parent/Guardian/ERH:

Section 48980 et seq. of the California Education Code (EC) requires that certain notices be given to the parent or guardian of the minor pupils in the school district regarding the rights of the parent or guardian under sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with section 32255) of Part 19, and notice of the availability of the program prescribed by Article 9 (commencing with section 49510) of Chapter 9 and of the availability of individualized instruction under section 48206.3. Section 48982 requires that the parent or guardian sign return acknowledgement by the parent or guardian that he or she has been informed of their rights but does not indicate that consent to participate in any particular program has either been given or withheld.

Some legislation requires additional notification to the parents or guardians during the school term or at least 15 days prior to a specific activity. (A separate letter will be sent to parents or guardians prior to any of these specified activities or classes, and the student will be excused whenever the parents or guardians file with the principal of the school a statement in writing requesting that their child not participate.) Other legislation grants certain rights that are spelled out in this form.

This information is updated annually to reflect current state and federal laws, education codes excerpts, and school board policies relating to RIGHTS OF PARENTS OR GUARDIANS OF MINOR PUPILS. Parents of continuing students are encouraged to read this booklet in its entirety, as many laws and policies will have changed from previous years.

Throughout this document, the term "parent" includes a parent or legal guardian. “Parent” also refers to the Educational Rights Holder (ERH) of Foster Children and Foster Youth.

The term “residency” refers to a student’s living situation, i.e., where the student sleeps at night. “Residency” does NOT refer to the immigration status of a student or their parent or guardian. California law states that school-age children who reside in California are required to attend school and must not be denied access to a free, public education based on citizenship status. The Brisbane School District does not collect information on the immigration status of its students or their parents/guardians.

UNITED STATES DEPARTMENT OF EDUCATION:

NOTIFICATION OF RIGHTS UNDER FERPA

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to their education records. These rights are:

The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the school to amend a record should write to the school principal, clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
The right to provide written consent before the school discloses personally identifiable information (PII) in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official typically includes a person employed by the school or district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer or contractor outside of the school who performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing their tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill their professional responsibility. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Brisbane School District to comply with the requirements of FERPA. The name and address of the office that administers FERPA are: Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.

NOTIFICATION OF DISCLOSURE OF INFORMATION WITHOUT CONSENT

FERPA permits the disclosure of personally identifiable information (PII) from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student …

To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement. (20 USC §1232g(b)(1)(L))
To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for the purpose of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions. (20 USC §1232g(b)(1)(K))

NOTICE OF DISCLOSURE OF DIRECTORY INFORMATION

FERPA requires that school districts, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, Brisbane School District may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Brisbane School District to include this type of information from your child’s education records in certain school publications. Examples include the annual yearbook, honor roll or other recognition lists, graduation programs, and sports activity sheers.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. No information may be released to private profit-making entity other than employers, prospective employers and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. The District has determined that the following organizations may receive directory information: BEST/PTO.

Directory information may be disclosed without prior consent from the parent or legal guardian unless the parent or legal guardian submits a written notice to the school to deny access to their pupil’s directory information. Directory information regarding a pupil identified as a homeless child or youth shall not be released unless a parent has provided written consent that directory information may be released.

If you do not want Brisbane School District to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing or complete the disclose form in the First Day Packet located in the Parent Portal. You must specify which information you want excluded and the circumstances (i.g., I do not want my child included in the yearbook).

SAFE PLACE TO LEARN ACT (EC 234 AND 234.1): The Brisbane School District is committed to maintaining a learning environment that is free from discrimination, harassment, violence, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. All school personnel who witness an act of discrimination, harassment, intimidation, or bullying must take immediate steps to intervene when safe to do so. Any student who engages in acts of discrimination, harassment, violence, intimidation, or bullying related to school activity or school attendance occurring within a school of the school district may be subject to disciplinary action up to and including expulsion. To report an incident and/or to receive a copy of the district’s antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, please contact 415-467-0550.

NONDISCRIMINATION IN DISTRICT PROGRAMS AND ACTIVITIES (EC 221.8; BP 0410): The Brisbane School District is committed to providing a safe school environment where all individuals in education are afforded equal access and opportunities. The District’s academic and other educational support programs, services and activities shall be free from discrimination, harassment, intimidation, and bullying of any individual based on the person’s actual race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. Specifically, state law prohibits discrimination on the basis of gender in enrollment, counseling, and the availability of physical education, athletic activities, and sports. Transgender students shall be permitted to participate in gender-segregated school programs and activities (e.g., athletic teams, sports competitions, and field trips) and to use facilities consistent with their gender identity. The District assures that lack of English language skills will not be a barrier to admission or participation in District programs. Complaints of unlawful discrimination, harassment, intimidation, or bullying are investigated through the Uniform Complaint Process. Such complaints must be filed no later than six months after knowledge of the alleged discrimination was first obtained. For a complaint form or additional information, contact: 415.467.0550.

TITLE IX (EC 221.61): Title IX of the Education Amendments of 1972 is one of several federal and state anti- discrimination laws that ensure equality in educational programs and activities that receive federal funding. Specifically, Title IX protects male and female pupils and employees, as well as transgender pupils and pupils who do not conform to sex stereotypes, against discrimination based on sex, including sexual harassment. California law also prohibits discrimination based on gender, gender expression, gender identity, and sexual orientation. Under Title IX, pupils may not be discriminated against based on their parental, family, or marital status, and pregnant and parenting pupils may not be excluded from participating in any educational program, including extracurricular activities, for which they qualify. For more information about Title IX, or how to file a complaint of noncompliance with Title IX, contact: Ronan Collver, Superintendent; 1 Solano Street, Brisbane, CA 94005; [email protected]; 415-467-0550.

SEXUAL HARASSMENT (EC 231.5 and 48980(g)): The Brisbane School District is committed to maintaining a learning and working environment that is free from sexual harassment. Any student who engages in sexual harassment of anyone in or from the district may be subject to disciplinary action up to and including expulsion. Any employee who permits, engages in, or fails to report sexual harassment shall be subject to disciplinary action up to and including dismissal. For a copy of the district’s sexual harassment policy or to report incidences of sexual harassment, please contact: Ronan Collver, Superintendent at 415-467-0550.

UNIFORM COMPLAINT POLICY AND PROCEDURE (5 CCR 4622, EC 234.1, 32289, and 49013): The Uniform Complaint (UCP) complaint is a written and signed statement by a complainant alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, bullying or charging pupil fees for participation in an educational activity or non-compliance. The person who receives the complaint shall respond to the parent in writing within 60 days. The parent may appeal to CDE within 15 days if not in agreement with the final report. Contact 415-467-0550 if you would like more information on how to file a complaint with the school or district, prior to appealing to the CDE. For more information you may go to the District website (www.brisbanesd.org) or the CDE website: https://www.cde.ca.gov/re/cp/uc/ucpmonitoring.asp.

WILLIAMS COMPLAINT POLICY & PROCEDURE (EC 35186): Every school must provide sufficient textbooks and instructional materials. Every student, including English learners, must have textbooks or instructional materials, or both, to use at home or after school. School facilities must be clean, safe, and maintained in good repair. There should be no teacher vacancies or misassignments. If a school is found to have deficiencies in these areas, and the school does not take corrective action, then a complaint form may be obtained at any school office and on the district website. Parents, students, teachers or any member of the public may submit a complaint regarding these issues.

GUN-FREE SCHOOL ZONE ACT (PC 626.9, 30310): California prohibits any person from possessing a firearm on, or within 1,000 feet from, the grounds of a public or private school, unless it is with the written permission of the Superintendent. This does not apply to law enforcement officers, any active or honorably retired peace officers, members of the military forces of California or the United States, or armored vehicle guards engaged in the performance of, or acting in the scope of, their duties. A person may also be in possession of a firearm on school grounds if the firearm is unloaded and in a locked container or within the locked trunk of a motor vehicle. A violation of this law is punishable by imprisonment in a county jail for up to six months, a fine of up to $1,000, or both imprisonment and fine.

DRUG-FREE CAMPUS (EC 48900 et seq.; BPC 25608; HSC 11032; BP 5131.6): Possession, use or sale of narcotics, alcohol, or other controlled substances is prohibited and strictly enforced at all school activities, on all school grounds, and in District vehicles. Records will be forwarded to local law enforcement, and district sanctions will result from violations. Pursuant to EC48900 (p), it is unlawful to offer, arrange to sell, negotiate to sell or have sold the prescription drug SOMA.

TOBACCO-FREE CAMPUS (BPC 22950.5; HSC 104420, 104495, 104559; PC 308): The use of tobacco and nicotine products is prohibited on school or district grounds, buildings, and vehicles, and within 250 feet of a youth sports event. Tobacco product includes, but is not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, or an electronic device (e.g., electronic cigarette, cigar, pipe, or hookah) that delivers nicotine or other vaporized liquids.

ELECTRONIC NICOTINE DELIVERY SYSTEMS (e-cigarettes) (PC 308): The Brisbane School District prohibits the use of electronic nicotine delivery systems (ENDS) such as e-cigarettes, hookah pens, cigarillos, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products on all district property and in district vehicles at all times. ENDS are often made to look like cigarettes, cigars and pipes, but can also be made to look like everyday items such as pens, asthma inhalers and beverage containers. These devices are not limited to vaporizing nicotine; they can be used to vaporize other drugs such as marijuana, cocaine, and heroin.

Section 119405 of the Health and Safety Code prohibits the sales of e-cigarettes to minors which means that students should not be in possession of any such devices. Students using, in possession of, or offering, arranging or negotiating to sell ENDS can be subject to disciplinary action, particularly because ENDS are considered drug paraphernalia, as defined by 11014.5 of the Health and Safety Code.

CHILD ABUSE and NEGLECT REPORTING (PC 11164) et seq.: The Brisbane School District is committed to protecting all students in its care. All employees of the District are considered mandated reporters, required by law to report cases of child abuse and neglect whenever there is reasonable suspicion abuse or neglect has occurred. District employees may not investigate to confirm a suspicion.

All complaints must be filed through a formal report, over the telephone, in person, or in writing, with an appropriate local law enforcement agency (i.e. Police or Sheriff’s Department, County Probation Department, or County Welfare Department/County Child Protective Services). Both the name of the person filing the complaint and the report itself are confidential and cannot be disclosed except to authorized agencies.

Parents and guardians of students also have a right to file a complaint against a school employee or other person that they suspect has engaged in abuse of a child at a school site. Complaints may be filed with the local law enforcement agency; you may also notify the District of an incident by contacting the superintendent at 415-467-0550.

Child abuse does not include an injury caused by any force that is reasonable and necessary for a person employed by or engaged in a school: 1) To stop a disturbance threatening physical injury to people or damage to property; 2) For purposes of self-defense; 3) To obtain possession of weapons or other dangerous objects within control of a student; 4) To exercise the degree of control reasonably necessary to maintain order, protect property, protect the health and safety of pupils, and maintain proper and appropriate conditions conducive to learning.

CUSTODY ISSUES: Custody disputes must be handled by the courts. The school has no legal jurisdiction to refuse a biological parent access to their child and/or school records. The only exception is when signed restraining orders or proper divorce papers, specifically stating visitation limitations, are on file in the school office. Any student release situation which leaves the student’s welfare in question will be handled at the discretion of the site administrator or designee. Should any such situation become a disruption to the school, law enforcement will be contacted and an officer requested to intervene. Parents are asked to make every attempt not to involve school sites in custody matters. The school will make every attempt to reach the custodial parent when a parent or any other person not listed on the emergency card attempts to pick up a child.

CIVILITY ON SCHOOL GROUNDS (CC 1708.9, EC 32210): Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500).

It is unlawful for any person, except a parent/guardian acting toward their minor child, to intentionally or to attempt to injure, intimidate, interfere by force, threat of force, physical obstruction, or nonviolent physical obstruction with any person attempting to enter or exit any public or private school grounds.

HARM OR DESTRUCTION OF ANIMALS (EC 32255 et seq.): Any pupil with a moral objection to dissecting or otherwise harming or destroying an animal, or any part thereof, must inform their teacher of the objection. Objections must be substantiated by a note from the pupil’s parent or guardian.

A pupil who chooses to refrain from participation in an education project involving the harmful or destructive use of an animal may receive an alternative education project, if the teacher believes that an adequate alternative education project is possible. The teacher may work with the pupil to develop and agree upon an alternative education project so that the pupil may obtain the knowledge, information, or experience required by the course of study in question.

EDUCATIONAL EQUITY: IMMIGRATION STATUS (EC 66251, 66260.6, 66270, and 66270.3): Equity in Higher Education Act, states that all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities and adds this opportunity to apply for financial aid for higher education to also be equitable, and an application may not be denied of a student based on their immigration status. This does not guarantee any final eligibility, but simply an ability to apply for financial aid just like any other student, without discrimination.

ATTENDANCE

Student attendance is reported annually to the California Department of Education and is a part of each student’s permanent school record. This includes all excused and unexcused absences and the number of tardies.

AVOIDING ABSENCES, WRITTEN EXCUSES: Brisbane School District urges parents to make sure their children attend school regularly and to schedule medical and other appointments after school or during school holidays. The district also asks that travel or other absences be avoided during the time school is in session. The higher the district’s daily attendance rate, the more a student will learn and the greater the amount of funding that the district will receive from the state for classroom instruction and academic programs. The school calendar is designed to minimize problems for families which plan vacations around traditional holiday periods, and thereby minimize student absences.

Following an absence, a student is required to bring a written excuse from home when returning to school. Illnesses, and doctor and dental appointments are considered excused absences. Absences without a written excuse are recorded as unexcused.

TARDINESS: Children should be encouraged to be prompt as part of developing good habits. They are expected to be at school on time. If a child is late, the child should bring an excuse from home to the school office. Repeated tardies in excess of 30 minutes lead to the student being designated as truant.

TRUANCY DEFINITIONS (EC 48260, 48262 and 48263.6): A student is considered truant after three absences or three tardies of more than 30 minutes each time or any combination thereof and the absences or tardies are unexcused. After a student has been reported as a truant three or more times in a school year and the district has made a conscientious effort to meet with the family, the student is considered an habitual truant. A student who is absent from school without a valid excuse for 10% or more of the schooldays in one school year, from the date of enrollment to the current date, is considered a chronic truant. Unexcused absences are all absences that do not fall within EC 48205.

ARREST OF TRUANTS / SCHOOL ATTENDANCE REVIEW BOARDS (EC 48263 and 48264): The school attendance supervisor, administrator or designee, a peace officer, or probation officer may arrest or assume temporary custody during school hours, of any minor who is found away from their home and who is absent from school without valid excuse within the county, city or school district. A student who is an habitual truant may be referred to a School Attendance and Review Board (SARB).

TRUANT CONSEQUENCES (EC 48263,48267, 48268, and 48269; WIC 236, 601, 601.3, 653.5, 654, and 651.5): Any student who is identified as “Truant” may be assigned as a ward of the court, if the available community resources do not resolve the students’ continued problem of truancy, by a Probation Officer or Deputy District Attorney.

CHRONIC ABSENTEEISM (EC 60901): A student is considered a chronic absentee when he/she is absent on 10% or more of the school days in one school year, from the date of enrollment to the current date. Chronic absenteeism includes all absences – excused and unexcused – and is an important measure because excessive absences negatively impact academic achievement and student engagement.

EXCUSED ABSENCES (EC 46014 and 48205): 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 or religious instruction. No pupil shall have a grade reduced or lose academic credit for any excused absence or absences, if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time.

(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health. (2) Due to quarantine under the direction of a county or city health officer. (3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered. (4) For the purpose of attending the funeral services of a member of the pupil’s immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California. (5) For the purpose of jury duty in the manner provided for by law. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. (7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of their religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization when the pupil's absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board. (8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. (9) For the purpose of spending time with a member of the pupil's immediate family, who is an active duty member of the uniformed services, as defined in EC § 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. (10) For the purpose of attending the pupil’s naturalization ceremony to become a United States citizen. (11) For the purpose of participating in a cultural ceremony or event.

(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefore. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.

(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.

(e) "Immediate family," as used in this section, means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.

CONFIDENTIAL MEDICAL SERVICES (EC 46010.1): School authorities may excuse any pupil in grades 7-8 from school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian.

INSTRUCTION FOR PUPILS WITH TEMPORARY DISABILITIES (EC 48206.3, 48207 and 48208): A pupil with a temporary disability which makes attendance in the regular day classes or the alternative educational program in which the pupil is enrolled impossible or inadvisable may receive individualized instruction provided in the pupil’s home for one hour a day. Please contact your school principal for further information. A pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, may be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. It is the responsibility of the parent or guardian to notify the school district in which the hospital or other residential health facility is located of the presence of a pupil with a temporary disability. Upon receipt of the notification, the district will within five working days determine whether the pupil will be able to receive individualized instruction pursuant to EC 48206.3 and, if so, provide the instruction within five working days or less. A pupil with a temporary disability may remain enrolled in the district of residence or charter school and may attend regular classes when not confined to the hospital setting, the total days of instruction may not exceed the maximum of five days with both school settings and attendance may not be duplicated. If necessary, the district of residence may provide instruction in the home for the days not receiving instruction in the hospital setting, depending upon the temporary doctor orders. The supervisor of attendance shall ensure that absences from the regular school program are excused until the pupil is able to return to the regular school program.

COMMUNICATION

PARENT PARTICIPATION IN SCHOOL MEETINGS AND CONFERENCES (EC 230.8): If the parent’s employer has 25 or more employees, the parent must be allowed to attend school meetings and events for their children, up to a maximum of 40 hours each year without discrimination or fear of job loss. Purposes to attend child-related activities include: enrollment in grades 1-12, to address child care or school emergency, behavior or discipline problem that requires immediate parent attention, sudden school closure, or natural disaster. (“Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in.) If an employer discharges, threatens to discharge, demotes, suspends or otherwise discriminates against the parent, the employee may be entitled to reinstatement and reimbursement for lost income or benefits. See Labor Code for more details.

RIGHTS OF PARENTS AND GUARDIANS TO INFORMATION [EC 51101 (in part)]: The parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows: (1) Within a reasonable period of time after making the request, to observe their child’s classroom(s). (2) Within a reasonable time of their request, to meet with their child's teacher(s) and the principal. (3) To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. (4) To be notified on a timely basis if their child is absent from school without permission. (5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of their child’s school on standardized statewide tests. (6) To request a particular school for their child, and to receive a response from the school district. (7) To have a school environment for their child that is safe and supportive of learning. (8) To examine the curriculum materials of their child’s class(es). (9) To be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child. (10) To have access to the school records of their child. (11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish. (12) To be informed in advance about school rules, including disciplinary rules and procedures, attendance policies, dress codes, and procedures for visiting the school. (13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test. (14) To participate as a member of a parent advisory committee, school site council, or site-based management leadership team. (15) To question anything in their child's record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school. (16) To be notified, as early in the school year as practicable, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.

PARENT ENGAGEMENT: SCHOOL ACCOUNTABILITY (EC 11500, 11501, 11502, 11503): To participate in the district offerings of parent education and to provide parental input to the local training programs for parents, please contact the following district representative for more information on how you may contribute: Superintendent Ronan Collver ([email protected]), Principal Jolene Heckerman ([email protected]), Principal Sarah Neidhart ([email protected]), Principal Traci Storer ([email protected]).

OPEN MEETINGS: PUBLIC COMMENTS: TRANSLATION (GC 54954.3): As a parent, you have a right to participate in open meetings with the school district. If you require a translator, one will be provided for you with the time allotment doubled to allow for both English and primary language translation. Please contact the school or district office in advance of the meeting to allow us to schedule a translator.

SCHOOL SAFETY PLAN (EC 32280 et seq., 32282.5): Natural and human-caused disasters affect everyone which is why it is important to be prepared at home, at school, at work, and in the community. Parents/guardians are encouraged to review the safety educational materials provided on the California Department of Education Web page at http://www.cde.ca.gov/ls/ss/cp/pupilsafetyeducmat.asp. The materials are available in multiple languages and can be used to help families prepare for different types of emergencies and crisis. The Brisbane School District also has a Comprehensive School Safety Plan, which includes a disaster preparedness plan and emergency procedures and can be found on the District’s website. Each school has additional emergency procedures which are not published to protect the safety of students. Fire and emergency drills are held periodically at each school.

PUPIL RECORDS (EC 49063 and 49069, 34 CFR 99.7, 20 USC 1232g): A cumulative record, whether recorded by handwriting, print, tapes, film, microfilm or other means, must be maintained on the history of a pupil’s development and educational progress. The District will protect the privacy of such records. Parents/guardians have the right to 1) inspect and review the student’s educational record maintained by the school, 2) request that a school correct records which they believe to be inaccurate or misleading, and 3) have some control over the disclosure of information from educational records. School officials with legitimate educational interests may access student records without parental consent as long as the official needs to review the records in order to fulfill their professional responsibility. Upon request from officials of another school district in which a student seeks or intends to enroll, the District shall disclose educational records without parental consent. Parents’ request to access their student’s educational records must be submitted in a written form to the school or district office. The school will have five (5) business days from the day of receipt of the request to provide access to the records. (A business day is one in which the school office is open.) Any challenge to school records must be submitted in writing to the principal. A parent challenging school records must show that the records are 1) inaccurate, 2) an unsubstantiated personal conclusion or inference, 3) a conclusion or inference outside the observer’s area of competence, 4) not based on the personal observation of a named person with the time and place of the observation noted, 5) misleading, or 6) in violation of the privacy or other rights of the student. Parents have the right to file a complaint with the United States Department of Education concerning an alleged failure by the District to comply with the provisions of the United States Family Educational Rights and Privacy Act (FERPA) by writing to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., SW, Washington, D.C. 20202-4605.

PUPIL RECORDS OBTAINED FROM SOCIAL MEDIA (EC 49073.6): Other than the school newspaper and yearbook, the school may gather information in the forms of video, photograph, blog, texts, and emails, to maintain school and student safety. All social media information gathered will be destroyed within one year after the student is no longer enrolled.

RELEASE OF JUVENILE INFORMATION (WIC 831): Only if a court order is provided, will any student information be disseminated, attached or provided to federal officials. The court order must indicate prior approval of the presiding judge of the juvenile court. Otherwise, juvenile information is protected from distribution and remains private without a court order.

Whenever a pupil has been found by a court to have committed any felony or misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying of weapons, a sex offense, assault or battery, larceny, vandalism, or graffiti, the court will provide a written notice to the superintendent of the school district of attendance. The superintendent will then provide the information to the principal at the school of attendance, who will disseminate the information to any administrator, teacher, or counselor directly supervising or reporting on the behavior or progress of the pupil, allowing them to work with the pupil in an appropriate manner.

ENROLLMENT OPTIONS/PERMITS

RESIDENCY (EC 48200, 48204, 48204.3): A minor between the ages of 6 and 18 years is subject to compulsory education and, unless exempted, must enroll in school in the school district in which the residence of either the parent or legal guardian is located. A pupil may alternatively comply with the residency requirements for school attendance in a school district, if he or she is any of the following: placed in a foster home or licensed children’s institution within the boundaries of the school district pursuant to a commitment of placement under the Welfare and Institutions Code; a pupil who is a foster child who remains in their school of origin; an emancipated pupil who resides within the boundaries of the school district; a pupil who lives in the home of a caregiving adult that is located within the boundaries of the school district; a pupil residing in a state hospital located within the boundaries of the school district; or a pupil whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order.

INDEPENDENT STUDY (EC 51744, 51745, 51745.5, 51746, 56026): Independent Study (IS) is by choice and may not be mandated. Each district and charter school that chooses to offer IS must have policies for independent study courses or curriculum equivalent time to complete work expectations equal to what is offered in person. In addition, the short-term (3-14 school days) and long-term (15 or more school days) will require IS engagement defined per the policies adopted by the local governing board. For more information on BSD’s IS policy, contact your school principal.

INTRADISTRICT OPEN ENROLLMENT (EC 35160.5(b)): Residents of the Brisbane School District may be enrolled in any district school. Enrollment in district elementary schools is offered on a space-available basis, first-come, first-served. Information on each school within the District is provided on the District website. Transportation to all district schools is the responsibility of the parent. Students who are a victim of bullying shall be allowed an intradistrict permit to transfer if space is available at the same grade level. If there is no “intra-district” space to attend, the student may seek an “inter-district” permit to another district without any delay in release from the home district, but it does not guarantee entrance to an outside district. The process to enter another school district will be according to the desired district’s transfer policies. “Bullying” means any severe or pervasive physical or verbal communication made in writing or by means of an electronic act directed toward one or more pupils that results in placing a reasonable person in fear of harm of self or property. It may cause a substantially detrimental effect on physical or mental health, interfere with academic performance or the ability to participate in or benefit from the services, activities, or privileges provided by a school, and may be done in person or online. Bullying may be exhibited in the creation or transmission of bullying online, on or off the school site, by telephone or other device in a message, text, sound, video, or image in a post on a social network internet website or burn page that creates a credible impersonation of another student knowingly and without consent for the purpose of bullying. Sharing or forwarding messages contributes to the act of bullying. Informational meetings on open enrollment will be held upon request. Transfer application materials will be available by the first Monday in February and must be submitted by March 31. For further information please contact the district office.

INTERDISTRICT ATTENDANCE (EC 46600 et seq.): Compulsory Education law states that students must enroll in school in the school district in which the residence of either the parent or legal guardian is located. If a parent is seeking a change in a public district outside of the resident district, then an interdistrict permit is required. Exceptions are for charter school, home school or other private school enrollments, and other online charter school options. An interdistrict agreement is signed by both the releasing and accepting districts. When denied, there are appeal processess according to the local district policies. The education rights holder may appeal to their County Office of Education for an appeal process within 30 days of a final denial from either district. Visit the BSD website (brisbanesd.org) for specific information and timelines for requesting an interdistrict transfer in or out of the Brisbane School District schools.

VICTIM OF A VIOLENT CRIME (20 USC 7912): A student who becomes a victim of a violent criminal offense while in or on the grounds of a school that the student attends, has the right to transfer to another school within the district. If there is not another school within the area served by the district, the district may explore other appropriate options such as an agreement with a neighboring district to accept pupils through an interdistrict transfer. For more information, please contact the district office at 415-467-0550.

NOTICE OF ALTERNATIVE SCHOOLS (EC 58501): California state law authorizes all school districts to provide for alternative schools. Education Code 58500 defines alternative school as a school or separate class group within a school which is operated in a manner designed to: (1) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy. (2) Recognize that the best learning takes place when the student learns because of their desire to learn. (3) Maintain a learning situation maximizing student self-motivation and encouraging the student in their own time to follow their own interests. These interests may be conceived by him/her totally and independently or may result in whole or in part from a presentation by their teachers of choices of learning projects. (4) 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. (5) 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.

HEALTH SERVICES

IMMUNIZATIONS REQUIREMENTS (EC 49403, 48216; HSC 120325, 120335, 120365, 120370, 120375): Students must be immunized against certain communicable diseases. Students are prohibited from attending school unless immunization requirements are met for age and grade. The school district shall cooperate with local health officials in measures necessary for the prevention and control of communicable diseases in school age children. The district may use any funds, property, or personnel and may permit any person licensed as a physician or registered nurse to administer an immunizing agent to any student whose parents have consented in writing. Beginning January 1, 2016, parents of students in any school will no longer be allowed to submit a personal beliefs exemption to a currently required vaccine. A personal beliefs exemption on file at school prior to January 1, 2016 will continue to be valid until the student enters the next grade span at kindergarten (including transitional kindergarten) or 7TH grade.

Students are not required to have immunizations if they attend a home-based private school or an independent study program and do not receive classroom-based instruction. However, parents must continue to provide immunizations records for these students to their schools.

The immunization requirements do not prohibit students from accessing special education and related services required by their individualized education programs.

A student not fully immunized may be temporarily excluded from a school or other institution when that child has been exposed to a specified disease and whose documentary proof of immunization status does not show proof of immunization against one of the communicable diseases described above.

Immunization requirements are found at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/School/tk-12.aspx

This is a listing of free- or low-cost immunizations for children: https://www.smchealth.org/sites/main/files/file-attachments/health_exam_and_iz_clinic_schedule_eng_090120.pdf?1654543519

Information about medical exemption from immunization for students is available at https://cair.cdph.ca.gov/exemptions/home.

MEDICATION REGIMEN (EC 49423): The parent or legal guardian of any pupil taking medication on a regular basis must inform the school office of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian, the school representative may communicate with the physician and may counsel with other school personnel regarding the possible effects of the medication on the pupil.

Administration of Prescribed Medication for Pupils (EC 49423 and 49423.1): Any pupil who is required to take, during the regular school day, medication prescribed by a physician or surgeon, may be assisted by a designated school employee or may carry and self-administer auto-injectable epinephrine or inhaled asthma medication if the school district receives both a written statement of instructions from the physician detailing the method, amount and time schedules by which such medication is to be taken and a written statement from the parent or guardian requesting the school district assist the pupil with prescribed medication as set forth in the physician statement.

Administration of Epilepsy Medication (EC 49414.7): If a pupil with epilepsy has been prescribed an emergency antiseizure medication by their health care provider, the pupil’s parent or guardian may request the pupil’s school to have one or more of its employees receive training in the administration of an emergency antiseizure medication in the event that the pupil suffers a seizure when a nurse is not available.

PLEASE NOTE that the school must have a Physician’s Recommendation for Medication form on file if the child is to take medication while at school. This includes over-the-counter medicine. This form is available in the school office and on the district website.

MEDICAL OR HOSPITAL SERVICE (EC 49472): The Brisbane School District does not provide or make available medical or hospital services for pupils who are injured in accidents related to school activity or attendance.

ENTRANCE HEALTH SCREENING (HSC 124085, 124100, 124105): State law requires that the parent/legal guardian of each pupil provide the school documentary proof that the pupil has received a health screening examination by a doctor within 90 days after entrance to first grade. Pupils may be excluded up to 5 days from school for failing to comply or not providing a waiver. Free health screening is available through the local health department.

PHYSICAL EXAMINATION (EC 49451): A parent or guardian may file annually with the school principal a written statement, signed by the parent or legal guardian, withholding consent to a physical examination of the pupil. However, whenever there is good reason to believe that the pupil is suffering from a recognized contagious or infectious disease, the pupil shall be sent home and shall not be permitted to return until school authorities are satisfied that the contagious or infectious disease no longer exists.

ORAL HEALTH ASSESSMENT (EC 49452.8): Record of a dental assessment done by a dental professional is required for all kindergarteners and first graders attending public school for the first time. Dental assessments must be completed in the 12 months prior to entry or by May 31st of the pupil’s first school year.

SUNSCREEN and SUN-PROTECTIVE CLOTHING (EC 35183.5): Schools shall allow students to wear sun protective clothing, including hats, whenever the students are outdoors during the school day. Each school site may adopt a policy regarding the type of sun protective clothing that is permissible. Each school site shall allow pupils the use of sunscreen during the school day without a physician’s note or prescription.

WALKING OR RIDING A BIKE TO SCHOOL (VC 21212): No person under 18 years of age may operate a bicycle, non-motorized scooter, skateboard or wear in-line or roller skates, nor ride as a passenger upon a bicycle, non-motorized scooter, or skateboard upon a street, bikeway, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets specified standards.

CALIFORNIA HEALTHY YOUTH ACT (EC 51930-51939): The California Healthy Youth Act requires school districts to provide pupils with integrated, comprehensive, accurate, and unbiased sexual health and HIV prevention education at least once in middle school and once in high school. It is intended to ensure that pupils in grades 7-12 are provided with the knowledge and skills necessary to: 1) protect their sexual and reproductive health from HIV, other sexually transmitted infections, and unintended pregnancy; 2) develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family; and 3) have healthy, positive, and safe relationships and behaviors. It also promotes understanding of sexuality as a normal part of human development.

Parents or legal guardians have the right to: (1) Inspect the written and audiovisual educational materials used in the comprehensive sexual health and HIV prevention education. (2) Request in writing that their child not receive comprehensive sexual health or HIV prevention education. (3) Request a copy of Education Codes 51930 through 51939, the California Healthy Youth Act. (4) Be informed whether the comprehensive sexual health or HIV prevention education will be taught by district personnel or outside consultants. (5) Receive notice by mail or another commonly used method of notification no fewer than 14 days before the instruction is delivered if arrangements for the instruction are made after the beginning of the school year. (6) When the district chooses to use outside consultants or to hold an assembly with guest speakers to teach comprehensive sexual health or HIV prevention education, be informed of: (a) The date of the instruction (b) The name of the organization or affiliation of each guest speaker.

The District may administer to pupils in grades 7 and 8 anonymous, voluntary, and confidential research and evaluation tools to measure pupils’ health behavior and risks, including tests, questionnaires, and surveys, containing age-appropriate questions about their attitudes or practices relating to sex. Parents or legal guardians will be notified in writing about the administration of, the right to review, and the excuse their child from any test, questionnaire, or survey.

MENTAL HEALTH (EC 49428): In order to initiate access to available pupil mental health services, parents/guardians may contact their school site principal or the district office at 415—467-0550. BSD will notify parents at least twice per year. This is one time, through our Annual Noticiations. We will notify you again a second time by sending a notice home in January.

PUPIL SWIMMING SAFETY (EC 35179.6): The Brisbane School District is committed to safety for all our students at our planned school events, including around swimming pools. There is already a requirement for pool sport coaches to be fully trained in CPR in case of accidental drowning in the pool. If there is any school event hosted at a swimming pool facility, at least one adult with valid certification of CPR training will be present throughout the the duration of the event.

SUICIDE PREVENTION POLICIES (EC 215): Student suicide rates are of concern to all members of the school community. One child, ages 12 and older, dies by suicide every five days in California. Local districts were required by California law to provide suicide prevention education, according to age-appropriate and sensitive local policies, for grades 7-12. Legislators have determined that training in mental health and coordination around improved services is extended to our elementary students. A shared goal by all staff educators is to keep a safe place to learn, free from harm to any of our students.

ASBESTOS MANAGEMENT PLAN (40 CFR 763.93): The Brisbane School District maintains and annually updates its management plan for asbestos-containing material in school buildings. For a copy of the asbestos management plan, please contact the District Office.

STUDENT CONDUCT

DUTIES OF PUPILS (5 CCR §300): 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.

DUTY CONCERNING CONDUCT OF PUPILS (EC 44807): Every teacher shall hold pupils accountable for their conduct on the way to and from school, on the playground, or during recess.

RULES AND PROCEDURES ON SCHOOL DISCIPLINE (EC 35291): Rules pertaining to student discipline, including those that govern suspension or expulsion, are set forth in Education Code Sections 48900 and following, and are available upon request from the school. Lipman students receive information in their student handbooks. In addition, more information is at the end of this document.

SCHOOL SAFETY: BULLYING (EC 234.4 and 32283.5): BSD is committed to the prohibition of discrimination, harassment, intimidation, and bullying, including cyberbullying on social media. Annual training will be provided to all staff who work with students, to prevent bullying and cyberbullying. For a list of web pages describing the staff training, go to https://www.cde.ca.gov/ls/ss/se/bullyres.asp. If you or your child should experience any bullying on campus, at school events, or on the way to or from school, please contact our district counseling liaison available to assist you in identifying and stopping this behavior at: 415.467.0550.

HARASSMENT, THREATS OR INTIMIDATION (EC 48900.4): In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment.

HATE VIOLENCE (EC 48900.3): In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Section 233.

TERRORISTIC THREATS (EC 48900.7): (a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both. (b) For the purposes of this section, "terroristic threat" shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for their own safety or for their immediate family's safety, or for the protection of school district property, or the personal property of the person threatened or their immediate family.

DANGEROUS OBJECTS: Often, students like to bring objects, such as a collector’s item, to school to show their friends. Examples of these objects include but are not limited to, laster pointers, mini baseball bats, martial arts weapons (e.g., nunchucks, throwing stars), or any other sharp, pointy objects. Students should refrain from bringing objects that have the potential to inflict serious bodily injury to others.

LASER POINTER (PC 417.27): It is a crime for any student to possess a laser pointer on any elementary or secondary school premise, unless the possession is for a valid instructional or other school-related purpose.

IMITATION FIREARM (PC 12550, 12556): A BB device can be considered an imitation firearm. The Penal Code makes it a criminal offense to openly display or expose any imitation firearm in a public place, including a public school. This includes BB devices.

PROPERTY DAMAGE (EC 48904): Parents or guardians may be held financially liable if their child willfully damages school property or fails to return school property loaned to the child. The school may further withhold the grades, diploma, and transcript of the pupil until restitution is paid.

DRESS CODE/GANG APPAREL (EC 35183): The district is authorized to adopt a reasonable dress code, including prohibiting pupils from wearing gang-related apparel.

ELECTRONIC SIGNALING DEVICES (EC 48901.5): The use by any person, including a pupil, of any electronic signaling device in any classroom without the prior consent of the teacher and the principal is prohibited as it disrupts and impairs the teaching process and discipline in the schools. The only allowable use would be acceptable if it is determined by a licensed physician that the pupil must use for the health and safety of a pupil. Any pupil in violation shall be subject to appropriate disciplinary action.

SMARTPHONE USE may be prohibited by districts, charter schools, and county schools while a student is at a school site and under supervision and control of staff. There are health and special education limits or usage that may differ from the general student population, but must be in writing and kept on file in student records for confidential record keeping and reasons.

SCHOOLBUS SAFETY (EC 39831.5): All pupils in pre-kindergarten, kindergarten and grades 1 to 6, shall receive written information on school bus safety (i.e., general rules of conduct at schoolbus loading zones, red light crossing instructions, schoolbus danger zone, and walking to and from schoolbus stops). Prior to departure on a school activity trip, all pupils riding on a school bus or school activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit.

REQUIREMENT OF PARENT/GUARDIAN SCHOOL ATTENDANCE (EC 48900.1): Teachers may require the parent or guardian of a student who has been suspended by a teacher to attend a portion of that school day in their student’s classroom. The attendance of the parent or guardian will be limited to the class from which the student was suspended. A written notice will be sent to the parent or guardian regarding implementation of this requirement. Employers are not allowed to apply sanctions against the parent or guardian for this requirement if the parent or guardian has given reasonable notice to their employer.

MANDATORY EXPULSION VIOLATIONS (EC 48915): Schools shall immediately suspend and recommend expulsion for students that commit any of the following acts at school or at a school activity off school grounds: (1) Possessing, selling, or otherwise furnishing a firearm. (2) Brandishing a knife at another person. (3) Unlawfully selling a controlled substance. (4) Committing or attempting to commit a sexual assault. (5) Possession of an explosive. The school board shall order the student expelled upon finding that the student committed the act.

LIMITATIONS ON IMPOSING SUSPENSION (EC 48900.5): Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the other means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil's presence causes a danger to persons.

ALTERNATIVES TO SUSPENSION OR EXPULSION (EC 48900.6): The superintendent or principal may use their discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this section. The alternative must be age-appropriate and designed to address and correct the student’s specific misbehavior. Alternatives to suspension or expulsion shall be imposed against any pupil who is truant, tardy, or otherwise absent from assigned school activities. (Education Code 48900)

See SPECIAL NOTICES section for additional information on Suspensions and Expulsions.

STUDENT SERVICES

CHILDREN IN HOMELESS SITUATIONS (42 USC 11432; EC 48551, 48852.5, 48853, 48857, 51225.1, 51225.2): Every local education agency is required to administer a Housing Questionnaire for purposes of identifying homeless children and youths and unaccompanied youths in accordance with McKinney-Vento Homeless Assistance Act. Each local district shall appoint a liaison for homeless children who shall ensure the dissemination of public notice of the educational rights of students in homeless situations. The district’s homeless liaison is Aida Wong Gamba, Administrative Coordinator, (415) 467-0550, or [email protected].

EDUCATION OF FOSTER YOUTH (EC 48204, 48853, 48853.5, 51215.1, 51225.2): Each local district shall appoint a liaison for foster youth children who shall ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children; and assist foster children when transferring from one school/district to another school/district. The District’s liaison for foster youth is Aida Wong Gamba, Administrative Coordinator, (415) 467-0550, or [email protected].

CHILD FIND SYSTEM (EC 56301, 2OUSC1401(3); 1412(a)(3); 34 CFR 300.111(c)(d)): Under state law, each public school system is responsible to find children with disabilities in its area. Free Appropriate Public Education (FAPE) – Each public school system is responsbile for ensuring that each child with disabilities is served appropriately, at no expense to the parent, in the least restrictive environment.

SECTION 504 (Rehabilitation Act of 1973, §504; 29 USC 794, 34 CFR 104.32): Parents/guardians are hereby notified of the District’s nondiscrimination policy on the basis of disability. Section 504 requires school districts to identify and evaluate children with disabilities in order to provide them a free, appropriate public education. Reasonable accommodation for handicapped pupils is available. Parents/guardians have a right to a written accommodation plan if a student is found to have a disability that requires services under Section 504. For questions regarding the implementation of Section 504, screening and evaluation procedures used, please contact the superintendent, Ronan Collver, at 415-467-0550; One Solano Street, Brisbane, CA 94005.

FREE AND REDUCED-PRICE MEALS (EC 49510 et seq): Commencing in SY 2022-23, Education Code 49501.5 requires public school districts, county offices of education, and charter schools serving students in grades TK-12 to provide two meals (breakfast and lunch) free of charge during each school day to students requesting a meal, regardless of their free or reduced-price meal eligibility. The Brisbane School District will still require parents to submit an application or complete a Household Income form to remain in compliance for accounting purposes. Students who are found to be eligible for free or reduced-price meals may qualify for other benefits off campus as well, including participation in the P-EBT program and free youth bus passes.

MEGAN'S LAW NOTIFICATION (PENAL CODE 290.4): Information about registered sex offenders in California can be found on the website of the California Department of Justice: meganslaw.ca.gov. The website also provides information on how to protect yourself and your family, facts about sex offenders, frequently asked questions, and sex offender registration requirements in California.

MISCELLANEOUS

VISITORS/OUTSIDERS: The Board of Trustees normally encourages parents/guardians and interested members of the community to visit the schools and view the educational program. Due to the ongoing health crisis, the District is limiting the number of individuals on campus. Please visit the District website and review the Safe Return to In-person Instruction and Continuity of Services plan in the COVID-19 section for the most up-to-date information on visitors.

RALPH M. BROWN ACT: REQUIRED NOTICES AND AGENDAS FOR OPEN PUBLIC MEETINGS (GC 54954.2, 54956, 54956.5, 54954.2, GC 54954.5, GC 54957.1, 54957.7, and GC 54954.2(b)): REGULAR MEETINGS: Agenda in 20 words or less, posted within 72 hours of meeting. SPECIAL MEETINGS: Twenty-four hour notice must be provided to members of legislative body and media outlets including brief general description of matters to be considered or discussed. EMERGENCY MEETINGS: One hour notice in case of work stoppage or crippling activity, except in the case of a dire emergency. CLOSED SESSION AGENDAS: All items to be considered in closed session must be described in the notice or agenda for the meeting. The body must orally announce the subject matter of the closed session. If final action is taken in closed session, the body generally must report the action at the conclusion of the closed session. AGENDA EXCEPTION: Special procedures permit a body to proceed without an agenda in the case of emergency circumstances, or where a need for immediate action came to the attention of the body after posting of the agenda.

CAREER COUNSELING & COURSE SELECTION (EC 221.5): Commencing grade 7, school personnel shall assist pupils with course selection or career counseling, exploring the possibility of careers, or courses leading to careers based on the interest and ability of the pupil and not on the pupil’s gender. Parents or legal guardians are notified so that they may participate in such counseling sessions and decisions.

ELECTRONIC LISTENING OR RECORDING DEVICE (EC 51512): The use by any person, including a pupil, of any electronic listening or recording device in any classroom without the prior consent of the teacher and the principal is prohibited as it disrupts and impairs the teaching process and discipline in the schools. Any person, other than the pupil, willfully in violation shall be guilty of a misdemeanor. Any pupil in violation shall be subject to appropriate disciplinary action.

CAMERA SURVEILLANCE ON SCHOOL PROPERTY (PC 647(j)): For the safety of our students, staff and visitors, the District employs camera surveillance equipment for security purposes. This equipment may or may not be monitored at any time. Surveillance cameras will generally be utilized only in public areas where this is no “reasonable expectation of privacy.” Public areas may include school buses; building entrances; hallways; parking lots; front offices where students, employees, and parents come and go; gymnasiums during public activities; cafeterias; and supply rooms. However, it is not possible for surveillance cameras to cover all public areas of District buildings or all District activities. District surveillance cameras will not be installed in “private” areas such as restrooms, locker rooms, changing areas, private offices (unless consent by office occupier is given), or classrooms.

GUN SAFETY (EC 9390, 48391, 49392): This is a reminder that firearms are to be safely stored away from children and teens. The accidental shooting of children and youth is the third leading cause of death following accidents and suicide. California public schools are mandated to remind families to keep their home safe from such potential dangers. If there is a threat or perceived threat, then the public schools will cooperate with local law enforcement to conduct an immediate threat assessment.

SURVEYS (EC 51513): Anonymous, voluntary and confidential research and evaluation tools to measure student’s health behaviors and risks, including tests, questionnaires, and surveys containing age-appropriate questions about the student’s attitudes and practices relating to sex, family life, morality, and religion may be administered to students if the parent is notified in writing that 1) this test, questionnaire, or survey is to be administered, 2) the student’s parent is given the opportunity to review the test, questionnaire, or survey, and 3) the parent consents in writing.

SPECIAL NOTICES

SUSPENSION AND EXPULSION LAWS - California Education Codes (EC) 48900 et seq.

EC 48900. Grounds for Suspension and Expulsion

A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:

(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person.

(2) Willfully used force or violence upon the person of another, except in self-defense.

(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.

(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.

(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.

(e) Committed or attempted to commit robbery or extortion.

(f) Caused or attempted to cause damage to school property or private property.

(g) Stole or attempted to steal school property or private property.

(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupil’s own prescription products.

(i) Committed an obscene act or engaged in habitual profanity or vulgarity.

(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.

(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

(2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended for any of the acts enumerated in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. This paragraph is inoperative on July 1, 2020.

(3) Except as provided in Section 48910, commencing July 1, 2020, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.

(4) Except as provided in Section 48910, commencing July 1, 2020, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2025.

(l) Knowingly received stolen school property or private property.

(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.

(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.

(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.

(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.

(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events.

(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:

(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:

(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.

(B) Causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or mental health.

(D) Causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:

(i) A message, text, sound, video, or image.

(ii) A post on a social network internet website, including, but not limited to:

(I) Posting to or creating a burn page. “Burn page” means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).

(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.

(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.

(iii) (I) An act of cyber sexual bullying.

(II) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.

(III) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.

(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.

(3) “Reasonable pupil” means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupil’s exceptional needs.

(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:

(1) While on school grounds.

(2) While going to or coming from school.

(3) During the lunch period whether on or off the campus.

(4) During, or while going to or coming from, a school-sponsored activity.

(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).

(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.

(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5.

(w) (1) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.

(2) It is further the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, may be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.

Circumstances for Recommending Expulsion (EC 48915):

(a) (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct:

(A) Causing serious physical injury to another person, except in self-defense.

(B) Possession of any knife or other dangerous object of no reasonable use to the pupil.

(C) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for either of the following: (i) The first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. (ii) The possession of over-the-counter medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician.

(D) Robbery or extortion.

(E) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.

(2) If the principal or the superintendent of schools makes a determination as described in paragraph (1), he or she is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.

(b) Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel shall be based on a finding of one or both of the following: (1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

(c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds:

(1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.

(2) Brandishing a knife at another person.

(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.

(4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900.

(5) Possession of an explosive.

(d) The governing board shall order a pupil expelled upon finding that the pupil committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of the following conditions: 1) Is appropriately prepared to accommodate pupils who exhibit discipline problems. (2) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary school. (3) Is not housed at the schoolsite attended by the pupil at the time of suspension.

(e) Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil, at school or at a school activity off of school grounds violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section 48900.2, 48900.3, or 48900.4, and either of the following: (1) That other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others.

(f) The governing board shall refer a pupil who has been expelled pursuant to subdivision (b) or (e) to a program of study which meets all of the conditions specified in subdivision (d). Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if the county superintendent of schools certifies that an alternative program of study is not available at a site away from a comprehensive middle, junior, or senior high school, or an elementary school, and that the only option for placement is at another comprehensive middle, junior, or senior high school, or another elementary school, the pupil may be referred to a program of study that is provided at a comprehensive middle, junior, or senior high school, or at an elementary school.

(g) As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 3½ inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade.

(h) As used in this section, the term "explosive" means "destructive device" as described in Section 921 of Title 18 of the United States Code.