Students BP 5000

CONCEPTS AND ROLES

The Board of Trustees shall make every effort to maintain a safe, positive school environment and student services that promote student welfare and academic achievement. The Board expects students to make good use of learning opportunities by demonstrating regular attendance, appropriate conduct and respect for others.

(cf. 5113 - Absences and Excuses)
(cf. 5131 - Conduct)
(cf. 5137 - Positive School Climate)

The Board is fully committed to providing equal educational opportunities and keeping the schools free from discriminatory practices. The Board shall not tolerate the intimidation or harassment of any student for any reason.

(cf. 5145.3 - Nondiscrimination/Harassment)

The Superintendent or designee shall establish and keep parents/ guardians and students well informed about school and district rules and regulations related to attendance, health examinations, records, grades and student conduct. When conducting hearings related to discipline, attendance and other student matters, the Board shall afford students their due process rights in accordance with law.

(cf. 5125 - Student Records)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5145.6 - Parental Notifications)
(cf. 9000 - Role of the Board)

Legal Reference:
EDUCATION CODE
35160 Authority of governing boards
35160.1 Broad authority of school districts
35291-35291.5 Rules


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5020

PARENT RIGHTS AND RESPONSIBILITIES


The Board of Trustees recognizes that parents/guardians of district students have certain rights as well as responsibilities related to the education of their children.

Parents/guardians shall have the opportunity to work with schools in a mutually supportive and respectful partnership and to help their children succeed in school. (Education Code 51100)

(cf. 6020 - Parent Involvement)

The Board believes that the education of the district's students is a shared responsibility. The Superintendent or designee shall work with parents/guardians to determine appropriate roles and responsibilities of parents/guardians, school staff and students for continuing the intellectual, physical, emotional and social development and well-being of students at each school site, including the means by which the schools and parents/guardians can help students achieve academic and other standards of the school.

Within this framework, the school's primary responsibility shall be to provide a high-quality curriculum and instructional program in a supportive and effective learning environment that enables all students to meet the academic expectations of the school.

Legal Reference:
EDUCATION CODE
44670.5 Professional development program
49091.10-49091.19 Parental review of curriculum and instruction
51100-51102 Parent/guardian rights


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5020(a)

PARENT RIGHTS AND RESPONSIBILITIES


Parent Rights

The rights of parents/guardians of district students include, but are not limited to, the following:

1. To observe, within a reasonable period of time after making the request, the classroom(s) in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled (Education Code 51101)

Parents/guardians may observe instructional and other school activities that involve their child in accordance with Board policy and administrative regulations adopted to ensure the safety of students and staff, prevent undue interference with instruction or harassment of school staff, and provide reasonable accommodation to parents/guardians. Upon written request by parents/guardians, the Superintendent or designee shall arrange for parental observation of a class or activity in a reasonable time frame and in accordance with Board policy and administrative regulations. (Education Code 49091.10)

(cf. 1250 - Visitors/Outsiders)
(cf. 3515.2 - Disruptions)
(cf. 6116 - Classroom Interruptions)

2. To meet, within a reasonable time of their request, with their child's teacher(s) and the principal of the school in which their child is enrolled (Education Code 51101)

3. Under the supervision of district employees, to volunteer their time and resources for the improvement of school facilities and school programs, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher (Education Code 51101)

4. To be notified on a timely basis if their child is absent from school without permission (Education Code 51101)

(cf. 5113 - Absences and Excuses)

5. To receive the results of their child's performance and the school's performance on standardized tests and statewide tests (Education Code 51101)

AR 5020(b)


PARENT RIGHTS AND RESPONSIBILITIES (continued)


(cf. 0500 - Accountability)
(cf. 0510 - School Accountability Report Card)
(cf. 6162.5 - Student Assessment)

6. To request a particular school for their child and to receive a response from the district (Education Code 51101)

(cf. 5116.1 - Intradistrict Open Enrollment)
(cf. 5117 - Interdistrict Attendance)

7. To have a school environment for their child that is safe and supportive of learning (Education Code 51101)

(cf. 0450 - Comprehensive Safety Plan)
(cf. 3515 - Campus Security)
(cf. 5131 - Conduct)
(cf. 5137 - Positive School Climate)
(cf. 5142 - Safety)

8. To examine the curriculum materials of the class(es) in which their child is enrolled (Education Code 51101)

Parents/guardians may inspect, in a reasonable time frame, all primary supplemental instructional materials and assessments stored by the classroom teacher, including textbooks, teacher's manuals, films, tapes and software. (Education Code 49091.10)

Each school site shall make available to parents/guardians and others, upon request, a copy of the prospectus for each course, including the titles, descriptions and instructional aims of the course. (Education Code 49091.14)

The school may charge an amount not to exceed the cost of duplication. (Education Code 49091.14)

(cf. 1312.2 - Complaints Concerning Instructional Materials)
(cf. 6141 - Curriculum Development and Evaluation)
(cf. 6142.1 - Family Life/Sex Education)
(cf. 6142.2 - AIDS Prevention Instruction)
(cf. 6161.1 - Selection and Evaluation of Instructional Materials)
(cf. 6161.11 - Supplementary Instructional Materials)

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 (Education Code 51101)

AR 5020(c)


PARENT RIGHTS AND RESPONSIBILITIES (continued)


(cf. 5121 - Grades/Evaluation of Student Achievement)
(cf. 5123 - Promotion/Acceleration/Retention)
(cf. 5124 - Communication with Parents/Guardians)

10. To have access to the school records of their child (Education Code 51101)

(cf. 5125 - Student Records)
(cf. 5125.1 - Release of Directory Information)

11. To receive information concerning the academic performance standards, proficiencies or skills their child is expected to accomplish (Education Code 51101)

(cf. 6011 - Academic Standards)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)
(cf. 6146.4 - Differential Graduation and Competency Standards for Individuals with Exceptional Needs)
(cf. 6146.5 - Elementary School Graduation Requirements/Standards of Proficiency)

12. To be informed in advance about school rules, attendance policies, dress codes and procedures for visiting the school (Education Code 51101)

(cf. 5132 - Dress and Grooming)
(cf. 5144 - Discipline)

13. To receive information about any psychological testing the school does involving their child and to deny permission to give the test (Education Code 51101)

(cf. 5145.1 - Privacy)
(cf. 6164.4 - Identification of Individuals for Special Education)
(cf. 6164.6 - Identification and Education Under Section 504)

14. To refuse to submit or to participate in any assessment, analysis, evaluation or monitoring of the quality or character of the student's home life; any form of parental screening or testing; any nonacademic home-based counseling program; parent training; or any prescribed family education service plan. (Education Code 49091.18)

15. To participate as a member of a parent advisory committee, school site council or site-based management leadership team in accordance with any rules and regulations governing membership in these organizations (Education Code 51101)

AR 5020(d)


PARENT RIGHTS AND RESPONSIBILITIES (continued)


(cf. 0420 - School Plans/Site Councils)
(cf. 0420.5 - School-Based Decision Making)
(cf. 0420.2 - School Improvement Program)
(cf. 0420.3 - School-Based Student Motivation and Maintenance Program)
(cf. 0420.5 - School-Based Decision Making)
(cf. 1220 - Citizen Advisory Committees)
(cf. 6171 - Title I Programs)
(cf. 6175 - Migrant Education Program)

16. To question anything in their child's record that the parent/guardian feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school (Education Code 51101)

(cf. 5125.3 - Challenging Student Records)

The Superintendent or designee shall obtain informed written parental consent before testing any student for a behavioral, mental or emotional evaluation. A general consent, including medical consent used to approve admission to or involvement in, a special education or remedial program or regular school activity, shall not constitute written consent for these purposes. (Education Code 49091.12)

All students shall have the right to obtain confidential medical care or confidential counseling related to the diagnosis or treatment of a drug- or alcohol-related problem, or mental health treatment or counseling, without the consent of his/her parent/guardian. (Education Code 49091.12)

(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5141.3 - Health Examinations)
(cf. 6164.2 - Guidance/Counseling Services)

The Superintendent or designee shall ensure that district staff understand the rights of parents/guardians afforded by law and Board policy and follow acceptable practices that respect those rights.

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)

In addition, the Superintendent or designee shall provide interested parents/guardians with opportunities to participate in professional development programs offered at the school in which their child is enrolled. (Education Code 44670.5)

(cf. 4131.6/4231.6/4331.6 - Professional Development Program)


AR 5020(e)


PARENT RIGHTS AND RESPONSIBILITIES (continued)


The Superintendent or designee shall ensure that parents/guardians receive notification regarding their rights in accordance with law.

(cf. 5145.6 - Parental Notifications)

School officials or law enforcement officials have the authority to investigate or intervene in cases of suspected child abuse, (Education Code 49091.12)

(cf. 5141.4 - Child Abuse Reporting Procedures)

Parent Responsibilities

Parents/guardians may support the learning environment of their children by: (Education Code 51101)

1. Monitoring attendance of their children

2. Ensuring that homework is completed and turned in on time

(cf. 6154 - Homework/Makeup Work)

3. Encouraging their children to participate in extracurricular and cocurricular activities

(cf. 6145 - Extracurricular and Cocurricular Activities)

4. Monitoring and regulating the television viewed by their children

5. Working with their children at home in learning activities that extend the classroom learning

6. Volunteering in their children's classroom(s) or for other school activities

(cf. 1240 - Volunteer Assistance)

7. Participating in decisions related to the education of their own children or the total school program as appropriate

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5021

NONCUSTODIAL PARENTS


Noncustodial parents generally retain the same rights as custodial parents unless a court order restricts the rights of the noncustodial parent. These rights include but are not limited to accessing his/her child's student records, participating in school activities and visiting the child at school. If a completed or pending legal action curtails the noncustodial parent's rights, the parent/guardian with custody shall provide evidence of this action to the Superintendent or designee.

(cf. 5125 - Student Records)
(cf. 5142 - Safety)
(cf. 6020 - Parent Involvement)

Upon request, the district shall provide noncustodial parents with announcements and notices that are sent to the custodial parent.

While both parents can visit the child at school, only the custodial parent has the right to remove the child from school property. Only a verified note or an emergency card from the custodial parent will be cause for exception to this provision.

(cf. 5141 - Health Care and Emergencies)

In the event of an attempted violation of a court order that restricts access to a student, staff shall contact the custodial parent and local law enforcement officials and shall make the student available only after one or both of these parties consent.

Legal Reference:
EDUCATION CODE
49061 Definitions
49069 Absolute right to access
FAMILY CODE
3025 Parental access to records


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5111

ADMISSION


The Board of Trustees believes that all children should have the opportunity to receive educational services. Staff shall encourage parents/guardians to enroll all school-aged children in school.

The Superintendent or designee shall maintain procedures which provide for the verification of all entrance requirements specified in law and in Board policies and regulations.

(cf. 5111.1 - District Residency)
(cf. 5111.11 - Residency of Students with Caregiver)
(cf. 5111.12 - Residency Based on Parent/Guardian Employment)
(cf. 5111.13 - Residency for Homeless Children)
(cf. 5119 - Students Expelled from Other Districts)
(cf. 5141.22 - Infectious Diseases)
(cf. 5141.3 - Health Examinations)
(cf. 5141.31 - Immunizations)

The Superintendent or designee may admit to the ninth grade only those students who have been promoted from eighth grade.

Legal Reference:
EDUCATION CODE
46600 Agreements for admission of pupils desiring interdistrict attendance
48000 Minimum age of admission (kindergarten)
48002 Evidence of minimum age required to enter kindergarten or first grade
48010 Minimum age of admission (first grade)
48011 Admission from kindergarten or other school; minimum age
48050-48053 Nonresidents
48200 Children between ages of 6 and 18 years (compulsory full-time education)
48211 Habits and disease
49076 Access to records by persons without written consent or under judicial order
49408 Information of use in emergencies
HEALTH AND SAFETY CODE
3380-3390 Immunization against communicable diseases
3400-3409 Tuberculosis tests for pupils
CODE OF REGULATIONS, TITLE 5
200 Promotion from kindergarten to first grade
201 Admission to high school
CODE OF REGULATIONS, TITLE 17
6000-6075 School attendance immunization requirements
TITLE VII, SUBTITLE B, THE MCKINNEY ACT OF 1987

Management Resources:
CDE MANAGEMENT ADVISORIES
0900.90 Changes in law concerning eligibility for admission to kindergarten


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5111

ADMISSION


Age of Admission

Proof of age shall be required of all enrolling students. The legal evidences of age, in order of desirability, are a birth certificate, baptismal certificate, passport, immigration certificate, Bible record, or notorized affidavit from the parent/guardian.

A child who will reach the age of five on or before December 2 of the school year shall be eligible for enrollment in kindergarten at the beginning of that school year or at any later time in the same year. (Education Code 48000)

A child who will reach the age of five on or before December 2 of the school year shall be eligible for enrollment in the district pre-kindergarten summer program. (Education Code 48000)

A child who will have reached the age of six years on or before December 2 of the current school year shall be eligible for enrollment in the first grade. (Education Code 48010)

Early Entry to Kindergarten

A child who becomes five years old after December 2 may be admitted into kindergarten, with parental approval, at any time after his/her fifth birthday during the school year when the Superintendent or designee determines on a case-by-case basis that such admittance is in the child's best interests.

The Superintendent or designee shall provide parents/guardians with information as to the effects, advantages and disadvantages of early entry into kindergarten. (Education Code 48000)

Classroom space must be available, and the class size cap specified in certificated negotiated agreements may not be exceeded.

(cf. 5123 - Promotion/Acceleration/Retention)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students AR 5111.1(a)

DISTRICT RESIDENCY


Prior to admission, students living within the district must provide proof of residency.

(cf. 5111 - Admission)

A student may establish residency by documenting that he/she lives with a parent/guardian within the district, is an emancipated minor living in the district, is in the court-appointed care of a licensed foster home, family home, or children's institution within the district, or lives in the home of a care-giving adult within the district. (Education Code 48204)

(cf. 5111.11 - Residency of Students with Caregiver)
(cf. 5111.12 - Residency Based on Parent/Guardian Employment)
(cf. 5111.13 - Residency for Homeless Children)

The district shall retain a copy of the document or written verification offered as proof of residency. In addition, the district shall annually verify the student's residency and retain a copy of the document or written statement offered as verification. (5 CCR 432)

(cf. 5125 - Student Records)

If a district employee reasonably believes that a parent/guardian has provided false or unreliable evidence of residency, the Superintendent or designee shall make reasonable efforts to determine whether the student resides in the district.

A student not residing within the district shall be deemed a district resident if admitted through the district's interdistrict attendance program or if the student is confined to a district area hospital or residential care facility for treatment of a temporary disability. (Education Code 48206.3-48208)

(cf. 5117 - Interdistrict Attendance)
(cf. 6183 - Home and Hospital Instruction)

District residency is not required for enrollment in a regional occupational center or program. (Education Code 52317) However, if a local ROC/P is available at a city of residence, a reciprocal agreement must be reached between the concerned ROC/Ps.

If any district employee reasonably believes that the parent/guardian of a student has provided false or unreliable evidence of residency, the Superintendent or designee shall make reasonable efforts to determine that the student meets legal residency requirements.


AR 5111.1(b)


DISTRICT RESIDENCY (continued)


Reasonable evidence of residency may be established by documentation, including but not limited to any of the following:

1. Property tax payment receipts

2. Rent payment receipts

3. Utility service payment receipts

4. Declaration of residency executed by the student's parent/guardian

Revocation of Enrollment

If the Superintendent or designee, upon investigation, has determined that a student's enrollment is based on false evidence of residency, he/she shall revoke the student's enrollment. Before any such revocation, the parent/guardian shall be sent written notice of the facts leading to the decision. This notice shall state the parent/guardian's right, within 10 school days, to schedule a meeting with a hearing officer to inspect supporting documents, rebut district evidence, question any district witnesses, and present oral and/or documentary evidence, including witnesses, on the student's behalf. For good cause, the hearing officer may extend the meeting date for an additional 10 days to permit the parent/guardian to obtain required documentation.

If the parent/guardian fails to schedule the above meeting, the student's enrollment shall be revoked 11 school days after the date of the notice.

If the above meeting is held, the hearing officer shall prepare a written decision describing his/her findings. If this decision upholds the revocation, the parent/guardian shall be informed of his/her right to appeal to the Board of Trustees within 10 days. The hearing officer's decision shall be final unless appealed.

A parent/guardian who appeals to the Board shall have the right to have a representative present and to rebut district evidence, question any district witnesses, and present oral and/or documentary evidence, including witnesses, on the student's behalf. Except in cases where good cause is shown, the Board will not reopen the record to consider evidence or

AR 5111.1(c)


DISTRICT RESIDENCY (continued)


argument which was not presented to the hearing officer. The student may continue to attend school during the period of the appeal. The Board's decision shall be final.

Legal Reference:
EDUCATION CODE
35351 Assignment of students to particular schools
48050-48053 Nonresidents
48200-48204 Persons included (compulsory education law)
48204.5 Districts adjacent to international border
48204.6 Evidence of residency
48206.3-48208 Students with temporary disability
48980 Notification of parent or guardian
52317 Admission of persons including nonresidents to attendance area
FAMILY CODE
6550-6552 Caregivers
CODE OF REGULATIONS, TITLE 5
432 Varieties of student records
CODE OF REGULATIONS, TITLE 22
87001 Definitions

Management Resources:
CDE LEGAL ADVISORIES
0303.95 Verification of residency, LO: 1-95
1115.88 Application of residency requirements for homeless children and youth, LO:5-88


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students AR 5111.11(a)

RESIDENCY OF STUDENTS WITH CAREGIVER


Students shall qualify as district residents if placed within the district in a regularly established licensed children's institution, a licensed foster home, or a family home pursuant to a commitment or placement under Welfare and Institutions Code 200-987. The agency placing a student in such a home or institution shall provide evidence to the school that the placement or commitment is pursuant to law. (Education Code 48204)

Students shall qualify as district residents if they reside in the home of a care-giving adult within district boundaries. (Education Code 48204)

Upon enrollment, the care-giving adult shall execute, under penalty of perjury, the affidavit specified in Family Code 6552.

When their whereabouts is known, parents/guardians of students living with a caregiver or in foster care shall receive all parental notifications required by law. They shall be contacted for all major educational decisions concerning enrollment, discipline and final grades.

(cf. 5145.6 - Parental Notifications)

Caregivers and foster parents who have filed the affidavit specified in Family Code 6552 may authorize school-related medical care.

(cf. 5141 - Health Care and Emergencies)

Caregivers and foster parents shall receive a copy of all school notices.

(cf. 5111.1 - District Residency)
(cf. 6159.3 - Appointment of Surrogate Parent for Special Education Students)

Legal Reference: See next page

AR 5111.11(b)


RESIDENCY OF STUDENTS WITH CAREGIVER (continued)

Legal Reference:
EDUCATION CODE
35351 Assignment of students to particular schools
42920-42925 Educational services
48200-48204 Persons included (compulsory education law)
56028 Parent
56050 Surrogate parent
FAMILY CODE
6550-6552 Caregivers
GOVERNMENT CODE
7579.5 Surrogate parent
CODE OF REGULATIONS, TITLE 22
87001 Definitions
CODE OF FEDERAL REGULATIONS, TITLE 34
300.517 Surrogate Parent

Management Resources:
CDE MANAGEMENT ADVISORIES
0912.94 New Law on Establishing Residence 94-09

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students E 5111.11(a)

CAREGIVER'S AUTHORIZATION AFFIDAVIT

Use of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code.

Instructions: Completion of items 1-4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5-8 is additionally required to authorize any other medical care. Print clearly.

The minor named below lives in my home and I am 18 years of age or older.

1. Name of minor:

2. Minor's birth date:

3. My name (adult giving authorization):

4. My home address:

5. ? I am a grandparent, aunt, uncle, or other qualified relative of the minor (see
next page for a definition of "qualified relative").

6. Check one or both (for example, if one parent was advised and the other
cannot be located):

? I have advised the parent(s) or other person(s) having legal custody of the
minor of my intent to authorize medical care, and have received no
objection.

? I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.

7. My date of birth:

8. My California's driver license or identification card number:

Warning: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Dated: Signed:


E 5111.11(b)

Notices:

1. This declaration does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.

2. A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

3. This affidavit is not valid for more than one year after the date on which it is executed.

Additional information:

TO CAREGIVERS:

1. "Qualified relative," for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great" or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.

2. The law may require you, if you are not a relative or a currently licensed foster parent, to obtain a foster home license in order to care for a minor. If you have any questions, please contact your local department of social services.

3. If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit.

4. If you do not have the information requested in item 8 (California driver's license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.

TO SCHOOL OFFICIALS:

1. Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.

2. The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.

TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:

1. No person who acts in good faith reliance upon a caregiver's authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is subject to criminal liability or to civil liability to any person, or is subject to professional disciplinary action, for such reliance if the applicable portions of the form are completed.

2. This affidavit does not confer dependency for health care coverage purposes.

Exhibit COMPTON UNIFIED SCHOOL DISTRICT
version: April 11, 2000 Compton, California

Students AR 5111.12(a)

RESIDENCY BASED ON PARENT/GUARDIAN EMPLOYMENT


District residency status may be granted to an elementary grade student if the student's parent/guardian works within the district boundaries. Proof of the parent/guardian's employment within the district shall be required prior to initial enrollment. (Education Code 48204)

(cf. 5117 - Interdistrict Attendance)

The Superintendent or designee shall review each proposed or continued enrollment and determine whether it would result in additional costs to the district in excess of state funds. If it is determined that excess costs would be incurred by the district, the Board may deny the student's admission.

The Board also may deny any proposed or continued enrollment which would adversely affect the existing desegregation plan of either the current or proposed district. (Education Code 48204)

Students enrolled in the district on the basis of parent/guardian employment shall not be obliged to reapply for enrollment the next school year. They may continue to attend school in the district through the 12th grade, subject to restrictions specified in law related to excess costs and negative impact on desegregation plans. (Education Code 48204)

If more than 1 percent of the district's ADA or 300 students, whichever is greater, are admitted to other districts on the basis of parent/guardian place of employment, the Board may deny any further transfers out of the district on this basis. (Education Code 48204)

The Superintendent or designee shall notify the district of residence of all children requesting admittance into the district on the basis of parent/guardian place of employment. Unless approved by the student's current district of attendance, no student shall be admitted into the district on the basis of a parent/guardian place of employment in excess of the limits imposed by law.

The student's parent/guardian shall be notified in writing of the Board's decision to deny admission or transfer out of the district. The notice shall include specific reasons for the denial. (Education Code 48204)


AR 5111.12(b)


RESIDENCY BASED ON PARENT/GUARDIAN EMPLOYMENT (continued)


Notifications sent to parents/guardians at the beginning of each year shall include information about employment-based school attendance options. (Education Code 48980)

(cf. 5145.6 - Parental Notifications)

Legal Reference:
EDUCATION CODE
48200-48204 Persons included (compulsory education law)
48980 Notification of parent or guardian

Management Resources:
CDE MANAGEMENT ADVISORIES
1222.86 Enrollment Based on Parental Employment 86-09


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students AR 5111.13

RESIDENCY FOR HOMELESS CHILDREN


Children living in the district who do not reside in a permanent, fixed residence shall be admitted to district schools upon presentation of any of the following:

1. Hotel or motel receipts

2. A letter from a social service agency verifying that the child lives within the district

3. An affidavit from the parent/guardian stating that the family lives within the district with the intent of remaining there

A reasonable effort shall be made to secure an address, phone number and medical release from the parent/guardian when a child is placed in a classroom.

Legal Reference:
EDUCATION CODE
1981 Enrollment of pupils
1981.2 Homeless children defined
1982 Administration; apportionments
2558.2 Use of revenue limits to determine average daily attendance of homeless children
TITLE VII, SUBTITLE B, THE MCKINNEY ACT OF 1987

Management Resources:
CDE LEGAL ADVISORIES
1115.88 Application of residency requirements for homeless children & youth, LO:5-88


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students AR 5111.2(a)

NONRESIDENT FOREIGN STUDENTS

Definitions

F-1 Visa Students: An F-1 visa student is a nonimmigrant visa category intended for use by nonresident aliens whose primary purpose for visiting the United States is to study at an academic school. (8 USC 1184)

J-1 Visa Students: A J-1 visa student is a nonimmigrant exchange student who has come to the United States to study for a specific period of time under the sponsorship of a government approved agency. (8 USC 1184)

(cf. 6145.6 - International Exchange)

Nonimmigrant foreign students may be admitted to the United States for a temporary stay for the purpose of study.

(cf. 5111.1 - District Residency)

F-1 Visa Students

(cf. 6200 - Adult Education)

On a case-by-case basis, students with or seeking an F-1 visa designation shall be accepted for admission to district schools in grades 9-12.

(cf. 6200 - Adult Education)

In determining whether to admit the student, the Superintendent or designee shall consider whether the following conditions exist: (8 CFR 214.3, 22 CFR 41.61)

1. A suitable program exists at the school the student has selected

2. The student's English proficiency is sufficient for successful study at that school


AR 5111.2(b)


NONRESIDENT FOREIGN STUDENTS (continued)


3. Space is available

4. The student has provided proof of financial responsibility

In addition, the student shall also submit evidence that he/she has been fully immunized in accordance with California law.

(cf. 5141.31 - Immunizations)

A student shall be admitted for a maximum of one year. In addition, a student granted admission under this program shall pay the district the full, unsubsidized per-student cost of attendance at the secondary school. (8 USC 1184)


Legal Reference:
EDUCATION CODE
8050-48054 Nonresidents
UNITED STATES CODE, TITLE 8
1184 Foreign students
CODE OF FEDERAL REGULATIONS, TITLE 8
214.3 Petition for school approval
214.4 Withdrawal of school approval
CODE OF FEDERAL REGULATIONS, TITLE 22
41.61 Students; academic and nonacademic

Management Resources:
CDE LEGAL ADVISORIES
0319.97 Amendments to F-1 Student Visa Requirements, LO: 1-97


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5112.1

EXEMPTIONS FROM ATTENDANCE


The Board of Trustees may grant exemptions from compulsory attendance to students as allowed by law and in the best interest of the student.

Exemptions shall not be used to remove students who are disciplinary problems. Suspension, expulsion, transfer to alternative programs and other administrative measures shall be used with these students.

(cf. 5112.2 - Exclusions from Attendance)
(cf. 5112.3 - Student Leave of Absence)
(cf. 5113.1 - Work Permits)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 6158 - Independent Study)
(cf. 6183 - Home and Hospital Instruction)

Legal Reference:
EDUCATION CODE
33190 Affidavit by persons conducting private school instruction
46113 Minimum schoolday for grades four through eight
48200-48341 Compulsory education law
48400 Weekly minimum attendance requirement
48410 Persons exempted from continuation classes
LABOR CODE
1295.5 Employment of minors; performance of sports-attending services
1394 Employment of minors
UNITED STATES CODE, TITLE 20
1681-1688 Title IX, Discrimination
UNITED STATES CODE, TITLE 29
794 Section 504 of the Rehabilitation Act of 1973
CODE OF FEDERAL REGULATIONS, TITLE 34
106.40 Marital or parental status
COURT DECISIONS
Thomas v. Atascadero Unified School District, (1987) 662 F.Supp. 342

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5112.1(a)

EXEMPTIONS FROM ATTENDANCE


Requests for exemption from compulsory full-time attendance shall include satisfactory evidence of conditions upon which an exemption can be legally justified.

Students may be exempted from full-time attendance in the district's regular education program if they:

1. Are being instructed in a private full-time school and the attendance supervisor or designee verifies that the private school has filed an affidavit pursuant to Education Code 33190 (Education Code 48222, 48223)

2. Are being instructed by a private tutor who holds a valid state credential for the grade taught, provided that the instruction consists of study and recitation for at least three hours a day for 175 days of each calendar year (Education Code 48224)

3. Hold work permits to work temporarily in the entertainment or allied industry (Education Code 48225)

(cf. 5113.1 - Work Permits)

4. Are being instructed in a private non-public school as recommended by the IEP team and approved by the Board of Trustees

5. Hold work permits and attend part-time classes (Education Code 48230)

6. Are between the ages of 12 and 18 and enter a school attendance area from another state within 10 days of the end of the school term, with the exemption applicable for the remainder of the term (Education Code 48231)

7. Are at least 15 years old and taking a leave of absence for up to one semester for the purpose of supervised travel and study (Education Code 48232)

(cf. 5112.3 - Student Leave of Absence)



AR 5112.1(b)


EXEMPTIONS FROM ATTENDANCE (continued)


Students may be exempted from full-time attendance in the district's continuation education program if they: (Education Code 48410)

1. Have graduated from a public or private high school maintaining a four-year course above the eighth grade

2. Have successfully demonstrated proficiency equal or greater than standards established by the California Department of Education and have verified approval submitted by their parent/guardian

3. Are attending adult school for not less than four hours per week

(cf. 6200 - Adult Education)

4. Are attending a regional occupation program or center pursuant to Education Code 48432

5. Are disqualified because of their physical or mental condition or because of personal services that must be rendered to their dependents

(cf. 5141.22 - Infectious Diseases)
(cf. 5146 - Married/Pregnant/Parenting Students)
(cf. 6158 - Independent Study)
(cf. 6183 - Home and Hospital Instruction)
(cf. 6184 - Continuation Education)

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students AR 5112.2(a)

EXCLUSIONS FROM ATTENDANCE


Students may be excluded from attendance at district schools if they:

1. Are under the legal age of attendance, except as otherwise provided by law. (Education Code 48210)

(cf. 5111 - Admission)

2. Do not present evidence of immunization from certain infectious diseases as required by law. Such a student shall not be excluded, however, if the parent/guardian, in writing, requests exemption from the immunization requirement on the basis of the student's physical condition or a conflict with the parent/ guardian's religious beliefs. (Health and Safety Code 120335, 120365)

(cf. 5141.31 - Immunizations)

3. Are reasonably suspected of having active tuberculosis. (Health and Safety Code 121485, 121495 and 121505)

(cf. 5141.26 - Tuberculosis Testing)

4. Reside where any contagious, infectious, or communicable disease subject to quarantine exists or has recently existed, unless written permission of the health officer is provided. (Health and Safety Code 120230)

5. Have not had a health screening before or within the first 90 days of attending first grade. Such students may be excluded for up to five days unless the parent/guardian has presented an appropriate waiver or the district has exempted the student from this requirement in accordance with law. (Health and Safety Code 124105)

(cf. 5141.32 - Child Health and Disability Prevention Program)

6. Have filthy or vicious habits, or suffer from contagious or infectious diseases. (Education Code 48211; 5 CCR 202)

The Board of Trustees shall periodically review its decisions to exclude students of filthy or vicious habits or suffering from contagious or infectious diseases. (Education Code 48214)

(cf. 5141.22 - Infectious Diseases)
(cf. 5141.33 - Head Lice)



AR 5112.2(b)


EXCLUSIONS FROM ATTENDANCE (continued)


Before excluding any such student, the Superintendent or designee shall send a notice to the parent/guardian of the student. This notice shall state the facts leading to a decision to propose exclusion and shall further state that: (Education Code 48213)

a. The parent/guardian has a right to meet with the Board to discuss the proposed exclusion.

b. At this meeting, the parent/guardian shall have an opportunity to:

(1) Inspect all documents upon which the district is basing its decision to propose exclusion

(2) Challenge any evidence and question any witness presented by the Board

(3) Present oral and documentary evidence on the student's behalf

(4) Have one or more representatives present at the meeting

c. The decision to exclude the child is subject to periodic review and the procedures for such periodic review.

The Superintendent or designee is not required to send prior notice of exclusion to the parent/guardian if the student is excluded because: (Education Code 48213)

a. He/she resides in an area subject to quarantine.

b. He/she is exempt from a medical examination but suffers from a contagious or infectious disease.

c. It is determined that the presence of the student would constitute a clear and present danger to the life, safety, or health of students or school personnel.

However, the Superintendent or designee shall send a notice as soon as reasonably possible after the exclusion. (Education Code 48213)

Legal Reference: (see next page)

AR 5112.2(c)


EXCLUSIONS FROM ATTENDANCE (continued)

Legal Reference:
EDUCATION CODE
48210-48214 Persons excluded
49076 Access to records by persons without written consent or under judicial order
49408 Information of use in emergencies
49451 Parent's refusal to consent
HEALTH AND SAFETY CODE
120230 Exclusion of persons from school
120325-120380 Educational and child care facility immunization requirements
121475-121520 Tuberculosis tests for students
124025-124110 Child Health and Disability Prevention Program
CODE OF REGULATIONS, TITLE 5
202 Exclusion of students with a contagious disease

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5112.3

STUDENT LEAVE OF ABSENCE

Upon request, the Board of Trustees may grant student leaves of absence in accordance with law for the purpose of supervised travel, study, training, or work not available to the student under another educational option. Such leave may be granted to a student 15 years of age or older in the regular program and to a student between the ages of 16 and 18 in the continuation program.

No more than one percent of the students enrolled and attending a school shall be granted a leave of absence during any school year. (Education Code 48232, 48416)

(cf. 6158 - Independent Study)
(cf. 6184 - Continuation Education)

Legal Reference:
EDUCATION CODE
48232 Leave of absence for students aged 15 at time of commencement of leave
48416 Leave of absence for students aged 16 to 18 inclusive
FAMILY CODE
7000-7002 Emancipation of minors law
7050 Purposes for which emancipated minor considered an adult

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5112.3(a)

STUDENT LEAVE OF ABSENCE


The Board of Trustees may grant a leave of absence to a student on request, under the following conditions:

1. The student will be 15 years of age at the start of the leave of absence and the leave requested is for one semester.

Continuation students between the ages of 16 and 18 inclusive may request leave for up to two semesters.

2. A written agreement shall be made and signed by the student, the parent/guardian, the principal or designee of the school the student would otherwise attend, a classroom teacher familiar with the student's academic progress and chosen by the student, and the district supervisor of child welfare and attendance. This agreement shall provide for:

a. The purpose of the leave

b. The length of the leave

c. A meeting or contact between the student and a designated school official at least once a month while the student is on the leave

d. A statement explaining and justifying the purpose of the leave

The parent/guardian's signature and approval shall not be required for an emancipated minor.

3. The student shall be permitted to return to school at any time and shall not be prevented from completing his/her academic requirements within a time period equal to that of classmates who did not take leave, plus the length of time spent on leave. If the student reenrolls at a time other than the beginning of a semester, the school shall not be required to provide make-up sessions for classes missed.

4. The leave may be extended for an additional semester if approved by all parties to the agreement and the local school attendance review board.


AR 5112.3(b)


STUDENT LEAVE OF ABSENCE (continued)


5. No leave of absence may extend beyond the end of the school year in which the leave is taken.

6. If the student does not contact the designated school official as required by the agreement, the leave shall be nullified. Any party to the agreement may nullify the agreement for cause at any time.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5112.5

OPEN/CLOSED CAMPUS

Closed Campus

In order to keep students in a supervised, safe and orderly environment, the Board of Trustees establishes a closed campus at all district schools.

Students shall not leave the school grounds at any time during the school day without written permission of their parents/guardians and school authorities. Students who leave school without authorization shall be classified truant and subject to disciplinary action.

(cf. 5113 - Absences and Excuses)

Student handbooks shall fully explain all rules and disciplinary procedures involved in the maintenance of the closed campus.

(cf. 5144 - Discipline)

Legal Reference:
EDUCATION CODE
35160 Authority of the Board
35160.1 Broad authority of school district
44808.5 Permission for pupils to leave school grounds; notice


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5113(a)

ABSENCES AND EXCUSES


The Board of Trustees believes that regular attendance plays a key role in student achievement. The Board recognizes its responsibility under the law to ensure that students attend school regularly. Parents/guardians of children aged six to 18 are obligated to send their children to school unless otherwise provided by law. The Board shall abide by all state attendance laws and may use appropriate legal means to correct the problems of excessive absence or truancy.

(cf. 5112.1 - Exemptions from Attendance)
(cf. 5112.2 - Exclusions from Attendance)
(cf. 5121 - Grades/Evaluation of Student Achievement)

Excused Absences

Absence from school shall be excused only for health reasons, family emergencies and justifiable personal reasons, as permitted by law, Board policy and administration regulations. (Education Code 46010, 48205, 48216)

(cf. 6154 - Homework/Makeup Work)

Insofar as class participation is an integral part of students' learning experiences, parents/guardians and students shall be encouraged to schedule medical appointments during nonschool hours.

At the beginning of each academic year, notifications shall be sent to the parents/guardians of all students and to all students in grades 7 through 12, informing them that school authorities may excuse any student from school to obtain confidential medical services without the consent of the student's parent/guardian. (Education Code 46010.1)

(cf. 5145.6 - Parental Notifications)

Students should not be absent from school without their parents/guardians' knowledge or consent except in cases of medical emergency or confidential medical appointment.


BP 5113(b)


ABSENCES AND EXCUSES (continued)


Student absence for religious instruction or participation in religious exercises away from school property may be considered excused subject to administrative regulations and law. (Education Code 46014)

Unexcused Absences/Truancy

The Superintendent or designee shall implement positive steps to reduce truancy, such as communication with parents/guardians and the use of student study teams.

(cf. 5147 - Dropout Prevention)
(cf. 6164.5 - Student Study Teams)
(cf. 6176 - Weekend/Saturday Classes)

The district participates in the county school attendance review board as allowed by law in order to meet the special needs of students with school attendance or school behavior problems.

Students who are habitual truants or habitually insubordinate or disorderly during attendance at school may be referred to the County Probation Department, District Attorney's Office or School Attendance Review Board (SARB).

When the student's attendance problems cannot be resolved or the student and parent/guardian have failed to respond to directives to correct the problem, a student who has been classified as truant may be referred to the district attorney or probation officer for truancy mediation.

When the student's attendance problems cannot be resolved or the student and parent/guardian have failed to respond to directives to correct the problem, the school attendance review board or probation officer may ask the County Superintendent of Schools to request a juvenile court petition on behalf of the student.

For purposes of the CalWORKS program, a student shall be determined to be "regularly attending school" until he/she has been referred by the school attendance review board to the county District Attorney.

A student's grades may be affected by excessive unexcused absences in accordance with Board policy.

(cf. 5121 - Grades/Evaluation of Student Achievement)

BP 5113(c)

ABSENCES AND EXCUSES (continued)


Legal Reference:
EDUCATION CODE
1740 Employment of personnel to supervise attendance (county superintendent)
2550-2558.6 Computation of revenue limits
37201 School month
37223 Weekend classes
41601 Reports of average daily attendance
42238-42250.1 Apportionments
46000 Records (attendance)
46010-46014 Absences
46100-46119 Attendance in kindergarten and elementary schools
46140-46147 Attendance in junior high and high schools
48200-48208 Children between ages of 6 and 18 years (compulsory full-time attendance)
48216 Immunizations
48240-48246 Supervisors of attendance
48260-48273 Truants
48292 Filing complaint against parent
48320-48324 School Attendance Review Boards
48340-48341 Improvement of student attendance
49067 Unexcused absences as cause of failing grade
FAMILY CODE
6920-6929 Consent by minor
VEHICLE CODE
13202.7 Driving privileges; minors; suspension or delay for habitual truancy
WELFARE AND INSTITUTIONS CODE
601-601.4 Habitually truant minors
11253.5 Compulsory school attendance
CODE OF REGULATIONS, TITLE 5
306 Explanation of absence
420-421 Record of verification of absence due to illness and other causes
COURT DECISIONS
American Academy of Pediatrics et al v. Lungren et al (1997) 16 Cal.4th 307
ATTORNEY GENERAL OPINIONS
66 Ops.Cal.Atty.Gen. 245, 249 (1983)

Management Resources:
CDE MANAGEMENT ADVISORIES
0114.98 School Attendance and CalWORKS, Management Bulletin 98-01
CSBA ADVISORIES
Welfare Reform and Requirements for School Attendance

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5113(a)

ABSENCES AND EXCUSES


Excused Absences

A student's absence shall be excused for the following reasons:

1. Personal illness (Education Code 48205)

2. Quarantine under the direction of a county or city health officer (Education Code 48205)

3. Medical, dental, optometrical, or chiropractic appointments (Education Code 48205)

4. Attendance at funeral services for a member of the immediate family (Education Code 48205)

a. Excused absence in this instance shall be limited to one day if the service is conducted in California or three days if the service is conducted out of state. (Education Code 48205)

b. "Immediate family" shall be defined as mother, father, grandmother, grandfather, spouse, son/son-in-law, daughter/ daughter-in-law, brother, sister or any relative living in the student's immediate household. (Education Code 45194, 48205)

5. Jury duty in the manner provided by law (Education Code 48205)

6. Participation in religious instruction or exercises in accordance with district policy

a. In such instances, the student shall attend at least the minimum school day. (Education Code 46014)

b. The student shall be excused for this purpose on no more than four school days per month. (Education Code 46014)

In addition, a student's absence shall be excused for justifiable personal reasons. Advance written request by the parent/guardian and approval of the principal or designee shall be required for absences for: (Education Code 48205)

1. Appearance in court


AR 5113(b)


ABSENCES AND EXCUSES (continued)


2. Attendance at a funeral service

3. Observation of a holiday or ceremony of his/her religion

4. Attendance at religious retreats for no more than four hours during a semester

5. Employment interview or conference

In addition, if a student is the custodial parent of a child, his/her absence shall be excused when the child is ill or has a medical appointment during school hours. (Education Code 48205)

Method of Verification

When students who have been absent return to school, they must present a satisfactory explanation verifying the reason for the absence. The following methods may be used to verify student absences:

1. Written note from parent/guardian, parent representative, or student if 18 or older (Education Code 46012)

2. Conversation, in person or by telephone, between the verifying employee and the student's parent/guardian or parent representative. The employee shall subsequently record the following:

a. Name of student

b. Name of parent/guardian or parent representative

c. Name of verifying employee

d. Date or dates of absence

e. Reason for absence

3. Visit to the student's home by the verifying employee, or any other reasonable method which establishes the fact that the student was absent for the reasons stated. A written recording shall be made, including information outlined above.


AR 5113(c)

ABSENCES AND EXCUSES (continued)


4. Physician's verification

a. When excusing students for confidential medical services or verifying such appointments, district staff shall not ask the purpose of such appointments but may contact a medical office to confirm the time of the appointment.

b. When a student has had 14 absences in the school year for illness verified by methods listed in #1-#3 above, any further absences for illness must be verified by a physician.

Truancy

1. Students shall be classified as truant if absent from school without a valid excuse three full days in one school year, or tardy or absent for more than any 30-minute period during the school day without a valid excuse on three occasions in one school year, or any combination thereof. Such students shall be reported to the Superintendent or designee. (Education Code 48260)

The parent/guardian of a student classified as a truant shall be notified of the following: (Education Code 48260.5)

a. The student is truant

b. The parent/guardian is obligated to compel the student to attend school

c. The parent/guardian who fails to meet this obligation may be guilty of an infraction of the law and subject to prosecution pursuant to Education Code 48290-48296

d. The parent/guardian has the right to meet with appropriate school personnel to discuss solutions to the student's truancy

e. Alternative educational programs are available in the district

f. The student may be subject to arrest by a probation officer, a peace officer, a school administrator, an attendance supervisor or his/her designee under Education Code 48264 if found away from home and absent from school without a valid excuse

AR 5113(d)


ABSENCES AND EXCUSES (continued)


g. The student may be subject to suspension, restriction or delay of his/her driving privilege pursuant to Vehicle Code 13202.7

h. It is recommended that the parent/guardian accompany the student to school and attend classes with the student for one day

2. Upon his/her first truancy, a student may be given a written warning by a peace officer. A record of this warning may be kept at school for at least two years or until the student graduates or transfers from the school. If the student transfers, the record may be forwarded to the new school.

(cf. 5125 - Student Records)

3. Upon his/her second truancy within the same school year, a student may be assigned to an after-school or weekend study program within the county. If the student fails to successfully complete this study program, he/she shall be subject to item #5 below.

4. Upon his/her first or second truancy within the same school year, an appropriate district staff member shall make every effort to hold at least one conference with the student and parent/guardian and may discuss resources available for achieving regular school attendance, which may include:

a. Program changes

b. Referral of family to community agency

c. Referral to school psychologist or student study team

d. Modified day

e. Independent study

f. Special school projects, special programs

g. School furlough

h. Work-experience education

AR 5113(e)


ABSENCES AND EXCUSES (continued)


i. Alternative education

j. Referral for health checkup, medical examination

5. Upon his/her third truancy within the same school year, a student may
be referred to, and required to attend, an attendance review board, a
truancy mediation program established by the district attorney or the
probation officer, or a comparable program deemed acceptable by the
Superintendent or designee. If the student does not successfully
complete the truancy mediation program or other similar program,
he/she shall be subject to item #6 below.

6. Upon his/her fourth truancy within the same school year, the student shall be classified a habitual truant as defined in Education Code 48262. (Education Code 48264.5)

A habitual truant may be referred to a school attendance review board or to the probation department. (Education Code 48263)

When a student is referred to a school attendance review board or to the probation department, the Superintendent or designee shall provide the student and parent/guardian, in writing, the name and address of the school attendance review board or probation department and the reason for the referral. This notice shall indicate that the student and parent/guardian will be required, along with a district staff member, to meet with the school attendance review board or probation officer to consider a proper disposition of the referral. (Education Code 48263)

AR 5113(f)


ABSENCES AND EXCUSES (continued)


If the school attendance review board or probation officer determines that available community services can resolve the problem of the truant or insubordinate students, then the school attendance review board or probation officer shall direct the student and/or the student's parents/guardians to make use of these resources. (Education Code 48263)

If the school attendance review board or probation officer determines that available community services cannot resolve the problem of the truant or insubordinate student or if the student and/or student's parents/guardians have failed to respond to the directives of the school attendance review board or probation officer or to services provided, the school attendance review board and/or probation officer may notify the county district attorney.

7. If a student in grades 7-12 has been judged by the county juvenile court to be a habitual truant or habitually insubordinate or disorderly at school, or if a student has been required by the court to attend school as a condition of probation, the district shall inform the juvenile court and the student's probation or parole officer, within 10 days, whenever that student is insubordinate, disorderly at school, or truant or tardy without a valid excuse. (Education Code 48267)

The Superintendent or designee shall gather and transmit to the County Superintendent of Schools the number of referrals and types of referrals made to the school attendance review board and the number of requests for petitions made to the juvenile court. (Education Code 48273)

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5113.1

WORK PERMITS


The Board of Trustees recognizes that part-time jobs can give students needed supplementary income, valuable work experience, and enhanced self-esteem. However, the Board also believes that outside employment should not interfere with students' educational progress nor impair their health. In accordance with law, students must obtain work permits from school authorities before accepting employment.

The Superintendent or designee shall issue work permits only as allowed by law and only to the extent that outside employment does not significantly interfere with the student's schoolwork. Students granted work permits must demonstrate and maintain satisfactory grades.

Students 16 or 17 years of age shall be granted approval to work more than 20 hours a week only when justified by unusual circumstances which shall be stated on the work permit, or during non school days (weekends and vacations).

Legal Reference:
EDUCATION CODE
48231 Entrance into attendance area within 10 school days of end of term
49110-49119 Permits to work
49130-49135 Permits to work full time
49140-49141 Exceptions
49164 Inspection; cancellation or revocation
LABOR CODE
1285-1312 Employment of minors
1391-1394 Working hours for minors

Management Resources:
CDE MANAGEMENT ADVISORIES
1016.89 Local work permit policies

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5113.1(a)

WORK PERMITS


Approval/Revocation of Work Permits

1. No work permit shall be issued until the student's parent/guardian, foster parent or residential shelter services provider has filed a written request with the district. (Education Code 49110)

2. To help in determining the extent to which outside employment may be approved, the Superintendent or designee shall:

a. Inspect the student's records for evidence of satisfactory grades and attendance

b. Confer with at least one of the student's teachers to determine whether the student appears to have the time, stamina, motivation and maturity to maintain academic progress while working

3. After issuing a work permit, the Superintendent or designee shall periodically inspect the student's scholastic and attendance records.

4. The Superintendent or designee shall revoke a student's work permit whenever he/she determines that employment is impairing the student's health or education. (Education Code 49164)

Permits to Work Part Time When School Is in Session

1. A student 16 or 17 years of age who has completed the seventh grade may receive a permit to work outside of school hours for no more than four hours on any day on which the student is required by law to attend school. (Education Code 49112) The following exceptions shall apply:

a. The four-hour limit may be exceeded for students 16 or 17 years of age who are employed in a school-approved work experience or cooperative vocational education program or in personnel attendance occupations as defined in Industrial Welfare Commission Minimum Wage Order #15. (Education Code 49116)


AR 5113.1(b)


WORK PERMITS (continued)


b. A student 16 or 17 years of age may receive a permit to work outside of school hours for no more than eight hours on any day on which the student is required by law to attend school, provided it is a day which immediately precedes a nonschool day e.g., all Fridays or Sundays if Monday is a holiday.

2. While school is in session, a student 14 or 15 years of age who has completed the seventh grade may receive a permit to work outside of school hours for no more than three hours on any school day and no more than 18 hours in any week. (Education Code 49112, 49116)

If enrolled in and employed pursuant to a school-supervised and school-administered work experience and career exploration program, a student 14 or 15 years of age may be employed for up to 23 hours a week, any portion of which may occur during school hours. (Education Code 49116)

3. With the consent of the Superintendent or designee, a student who is 13 years old and has completed the sixth grade may receive a permit to work for no more than two hours on any given day, up to a maximum of four hours each week, provided that: (Education Code 49112)

a. The student has been identified by the district as a potential dropout, and

b. The student is participating in an employment program that is conducted on school premises and sponsored by one or more school districts to foster student appreciation of the importance of education in preparing for future employment and education.

Permits to Work Full Time When School Is In Session, Students 14 or 15 Years of Age

A permit to work full time may be issued to a minor 14 or 15 years of age who holds an elementary school diploma, provided that the permit expires no later than the end of the current school year, and provided that one of the following circumstances exists: (Education Code 49130)

AR 5113.1(c)


WORK PERMITS (continued)


1. The parent/guardian presents a sworn statement that the parent/guardian is incapacitated for labor through illness or injury, or that through the death or desertion of the father or mother, the family is in need of the minor's earnings and that sufficient aid cannot be secured in any other manner.

2. The minor is unable to reside with his/her family and needs his/her earnings for his/her support.

3. The minor is residing with a foster care provider, or a guardian receiving foster care funds for the minor, provided that:

a. The provider or guardian obtains written authorization from the minor's social worker, probation officer or child protective services worker acting as an officer of the court, and

b. The minor's case plan documents that the purpose of the employment is to further the goal of emancipation pursuant to law, or to enable the minor to learn necessary skills, habits and responsibilities related to maintaining employment.

The Superintendent or designee shall sign a statement that he/she has investigated the conditions under which the work permit application has been made and has judged that the minor's earnings are necessary for the minor's support and that sufficient aid cannot be secured in another manner. If issuing a work permit subject to circumstance #3 above, the Superintendent or designee shall sign a statement that he/she has received authorization from the minor's social worker, probation officer or child protective services worker. (Education Code 49130)

A minor who applies for a full-time work permit pursuant to the above circumstances shall be duly enrolled in a work experience education program. (Education Code 49130)

(cf. 6178.1 - Work Experience Education)

Permits to Work Full Time When School Is in Session, Students 16 or 17 Years of Age

A permit to work full time may be granted to a student 16 or 17 years of age when the Superintendent or designee has received and approved the following documents: (Education Code 49133)


AR 5113.1(d)


WORK PERMITS (continued)


1. The student's school record, including age, grade, and attendance for the current term, signed by the principal or teacher

2. Evidence of sufficient age, such as a birth certificate, passport or affidavit of the student's age, signed by the parent/guardian

3. A written statement from the prospective employer stating that work is waiting for the student and describing the nature of the work

The Superintendent or designee shall give the name of the student and his/her employer to the continuation school. The student shall then enroll in the continuation school. (Education Code 49135)

Permits to Work When School Is Not in Session

Students 12 through 17 years of age may receive a permit to work on a regular school holiday, during a regular or specified occasional public school vacation, and when the student is exempt from compulsory school attendance because he/she arrived from another state within 10 days before the end of the school term. (Education Code 49111)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5116

SCHOOL ATTENDANCE BOUNDARIES


The Board of Trustees shall regularly review school attendance boundaries, taking into account school capacities and enrollment data, geographic features, student safety and transportation, racial and ethnic balance, educational programs such as magnet schools, and community input.

(cf. 5116.1 - Intradistrict Open Enrollment)

The Superintendent or designee may place some students in a school outside of their attendance area in order to alleviate overcrowding. These students shall have return rights for the next year. If available, transportation shall be provided for such students.

Students residing in a community facilities district shall have priority, to the extent provided by law, for attendance at schools financed in whole or in part by the community facilities district.

Legal Reference:
EDUCATION CODE
35160 Authority of governing boards
35160.1 Broad authority of school districts
35160.5 District policies; rules and regulations
35291 Rules
35350 Transportation of students
35351 Assignment of students to particular schools
GOVERNMENT CODE
53312.7 Establishment of community facilities district; goals and policies
COURT DECISIONS
Crawford v. Board of Education (1976) 17 Cal.3d 280
Jackson v. Pasadena City School District (1963) 59 Cal. 2nd 876, 879
ATTORNEY GENERAL OPINIONS
29 Ops. Cal. Atty. Gen. 63

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5116.1(a)

INTRADISTRICT OPEN ENROLLMENT


The Board of Trustees desires to provide enrollment options that meet the diverse needs and interests of district students and shall annually review these options.

Students who reside within district boundaries may apply for enrollment in any district school. The Superintendent or designee shall determine the capacity of each district school and establish a random, unbiased selection process for the admission of students from outside a school's attendance area. In accordance with law, no student currently residing within a school's attendance area shall be displaced by another student.

(cf. 5116 - School Attendance Boundaries)

The Board retains the authority to maintain appropriate racial and ethnic balances among district schools. (Education Code 35160.5)

Enrollment Priorities

Schools receiving requests for admission shall give priority for attendance to siblings of children already in attendance in that school.

A student may be given priority for attendance outside his/her current attendance area when special circumstances exist that may be harmful or dangerous to that particular student. Harmful or dangerous special circumstances shall be identified pursuant to law and administrative regulations.

Schools or specialized programs that had a waiting list on or before July 1, 1994, shall give students on the waiting list priority over students transferring after July 1, 1994, from outside the attendance area.

Any student attending a school prior to July 1, 1994, shall be considered a current resident of that school until the student graduates or is promoted from that school.

BP 5116.1(b)


INTRADISTRICT OPEN ENROLLMENT (continued)


Once enrolled, a student shall not have to apply for readmission. However, the student may be subject to displacement due to excessive enrollment.

The Superintendent or designee shall inform parents/guardians when certain schools or grade levels within a school are currently, or are likely to be, at capacity and therefore unable to accommodate any new students.

Transportation


The district shall not provide transportation outside the school's attendance area. However, upon request, the Superintendent or designee may authorize transportation for students living outside the attendance area to and from a designated bus stop within the attendance area if space is available. Priority for such transportation shall be based on demonstrated financial need.

(cf. 3250 - Transportation Fees)
(cf. 3540 - Transportation)

Legal Reference:
EDUCATION CODE
35160.5 District policies; rules and regulations
35291 Rules
35351 Assignment of students to particular schools
48980 Notice at beginning of term
COURT DECISIONS
Crawford v. Board of Education (1976) 17 Cal.3d 280

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5116.1(a)

INTRADISTRICT OPEN ENROLLMENT


Selection Procedures

1. The Superintendent or designee shall identify those schools which may have space available for additional students. A list of these schools and open enrollment applications shall be available at all school offices.

2. Students who submit applications to the district by January 1 shall be eligible for admission to their school of choice the following school year under the district's open enrollment policy.

3. Enrollment in a school of choice shall be determined by lot from the eligible applicant pool, and a waiting list shall be established to indicate the order in which applicants may be accepted as more openings occur. Late applicants shall not be added to the waiting list.

4. The Superintendent or designee shall inform applicants by mail as to whether their applications have been approved, denied, or placed on a waiting list. If the application is denied, the reasons for denial shall be stated.

5. Applicants who receive approval must confirm their enrollment within two weeks.

6. Admission to a particular school shall not be influenced by a student's academic or athletic performance except insofar as academic standards are required for admission to specialized schools or programs such as programs for gifted and talented students. Such standards shall be uniformly applied to all students. (Education Code 35160.5)

(cf. 6172 - Gifted and Talented Student Program)

Any complaints regarding the selection process should be taken to the Superintendent or designee.

(cf. 1312 - Complaints Concerning the Schools)

Harmful or Dangerous Special Circumstances

Any decision to grant priority for attendance outside a student's current attendance area because of harmful or dangerous special circumstances shall be based upon one of the following: (Education Code 35160.5)

AR 5116.1(b)

INTRADISTRICT OPEN ENROLLMENT (continued)

1. A written statement from a representative of an appropriate state or local agency, including but not limited to a law enforcement official, social worker, or properly licensed or registered professional psychiatrist, psychologist, marriage, family and child counselor, or other professional, school principal or counselor

2. A court order, including a temporary restraining order and injunction

Upon making such a finding, the Superintendent or designee may approve the student's transfer to a district school that is at capacity and otherwise closed to transfers. (Education Code 35160.5)

Notifications

Notifications shall be sent to parents/guardians at the beginning of each school year describing all current statutory attendance options and local attendance options available in the district, including: (Education Code 48980)

1. All options for meeting residency requirements for school attendance

(cf. 5111.1 - District Residency)
(cf. 5111.11 - Residency of Students with Caregiver)
(cf. 5111.12 - Residency Based on Parent/Guardian Employment)
(cf. 5111.13 - Residency for Homeless Children)

2. Program options offered within local attendance areas

3. A description of any special program options available on both an interdistrict and intradistrict basis

(cf. 5117 - Interdistrict Attendance)

4. A description of the procedure for application for alternative attendance areas or programs and the appeals process available, if any, when a change of attendance is denied

5. A district application form for requesting a change of attendance

6. The explanation of attendance options under California law as provided by the California Department of Education

(cf. 5145.6 - Parental Notifications)

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5117

INTERDISTRICT ATTENDANCE


The Board of Trustees recognizes that students who reside in one district may choose to attend school in another district and that such choices are made for a variety of reasons. The Board desires to communicate with parents/guardians and students regarding the educational programs and services that are available.

(cf. 5116.1 - Intradistrict Open Enrollment)
(cf. 5117.1 - Interdistrict Attendance Agreements)
(cf. 5117.2 - Alternative Interdistrict Attendance Program)
(cf. 5145.6 - Parental Notifications)

The Board recognizes that the district may be capable of serving additional students. Therefore, the Superintendent or designee may approve interdistrict attendance agreements with other districts.

Legal Reference:
EDUCATION CODE
46600-46611 Interdistrict attendance agreements
48204 Residency requirements for school attendance
48209-48209.16 Student attendance alternatives
48915 Expulsion; particular circumstances
48915.1 Expelled individuals: enrollment in another district
48918 Rules governing expulsion procedures
48980 Notice at beginning of term
52317 Admission of persons including nonresidents to attendance area; workers' compensation for pupils


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5117.1(a)


INTERDISTRICT ATTENDANCE AGREEMENTS


The Superintendent or designee may approve interdistrict agreements for the following reasons:

1. To meet the child care needs of the student. Once a student has been admitted to a district school or feeder elementary schools on the basis of child care needs, continued attendance may be denied only when based on restrictions specified in Education Code 48204. (Education Code 46601.5)

2. To meet a child's special mental or physical health needs, as certified by a physician, school psychologist or other appropriate school personnel.

3. When the student has brother(s) or sister(s) attending school in a receiving district, to avoid splitting the family's attendance.

4. To complete a school year when parents/guardians have moved out of the district during that year.

5. To allow students to remain with a class graduating that year from an elementary, junior or senior high school.

6. To let seniors attend the same school they attended as juniors, even if their families moved out of the district during the junior year.

7. When the parent/guardian provides written evidence that the family will be moving to the receiving district in the immediate future and would like the student to start the year in that district.

8. When the student will be living out of the district only for one year or less.

9. When recommended by the School Attendance Review Board or by county child welfare, probation or social service agency staff in
documented cases of serious home or community problems which make
it inadvisable for the student to attend the school of residence.

10. When there is valid interest in a particular educational program not offered in the district of residency.

11. To provide a change in school environment for reasons of personal and social adjustment.


AR 5117.1(b)


INTERDISTRICT ATTENDANCE AGREEMENTS (continued)


Interdistrict attendance agreements or applications shall not be required for students enrolling in an ROC or ROP program. (Education Code 52317)

A student's interdistrict agreement may be revoked because of excessive truancy or continual disruption of the educational program.

(cf. 5144 - Discipline)

Transportation

Transportation shall not be provided for students attending on an interdistrict agreement.

(cf. 3250 - Transportation Fees)
(cf. 3540 - Transportation)

Denial of Interdistrict Transfer Agreement

The parent/guardian of a student who is denied a transfer requested pursuant to Education Code 46600-46611 shall receive timely notice, in accordance with law, regarding the process for appeal to the County Board of Education. This notice shall be provided by the district denying the request, or, in the absence of an agreement between the districts, by the district of residence.

Students who are under consideration for expulsion or who have been expelled may not appeal interdistrict attendance denials or decisions while expulsion proceedings are pending, or during the term of the expulsion. (Education Code 46601)

(cf. 5119 - Students Expelled from Other Districts)

Legal Reference:
EDUCATION CODE
46600-46611 Interdistrict attendance agreements

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students AR 5118

TRANSFERS


Transfers into the District

Students who apply for admission to district schools will be placed at the grade level they have reached elsewhere pending observation and evaluation of their academic, social and emotional performance by their teachers, guidance personnel and the principal or designee.

Within 30 days of the student's enrollment, staff shall complete its observation and evaluation and the principal or designee shall determine the student's appropriate grade placement.

(cf. 5111 - Admission)
(cf. 5116 - School Attendance Boundaries)
(cf. 5141.31 - Immunizations)
(cf. 6146.3 - Reciprocity on Standards of Proficiency/Graduation Requirements)

Transfers out of the District

When a student transfers out of the district, a brief statement will be attached to his/her permanent record showing which basic proficiencies, if any, have been assessed and satisfactorily met according to the standards of this district. This statement will be appended to any permanent record sent to another school in or outside California.

Students who transfer out of the district during their senior year may receive a diploma from this district, provided they have met all district graduation requirements.

(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)

Students transferring or withdrawing from school shall return all school books and materials and settle any unpaid fines on or before their last day of attendance.

(cf. 5125.2- Withholding Grades, Diploma or Transcripts)
(cf. 6161.2 - Damaged or Lost Instructional Materials)


Legal Reference:
EDUCATION CODE
48011 Admission from kindergarten or other school

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5119

STUDENTS EXPELLED FROM OTHER DISTRICTS


The Board of Trustees shall not admit students expelled from other districts.

(cf. 5111 - Admission)
(cf. 5111.1 - District Residency)
(cf. 5117 - Interdistrict Attendance Agreements)
(cf. 5144.1 - Suspension and Expulsion/Due Process)

Legal Reference:
EDUCATION CODE
46600 Agreements for interdistrict attendance
46601 Failure to approve interdistrict attendance; expulsion prohibiting appeal
48660-48666 Community day schools
48915 Expulsion; particular circumstances
48915.1 Expelled individuals: enrollment in another district
48915.2 Expelled student; enrollment during and after period of expulsion
48918 Rules governing expulsion procedures


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5121(a)

GRADES/EVALUATION OF STUDENT ACHIEVEMENT

The Board of Trustees believes that grades serve a valuable instructional purpose by helping students and parents/guardians identify the student's areas of strength and those areas needing improvement. Parents/ guardians and students have the right to receive course grades that represent an accurate evaluation of the student's achievement.

(cf. 6146.4 - Differential Graduation and Competency Standards for Individuals with Exceptional Needs)

Teachers shall evaluate a student's work in relation to standards which apply to all students at his/her grade level, not in relation to the work of other students in one particular class. The Superintendent or designee shall establish and regularly evaluate a uniform grading system, and principals shall ensure that student grades conform to this system. Teachers shall inform students and parents/guardians how student achievement will be evaluated in the classroom.

Grades should be based on impartial, multiple standards-based measures consistent observation of the quality of the student's work and his/her mastery of course content and objectives. Students shall have the opportunity to demonstrate this mastery through a variety of channels such as classroom participation, homework, tests and portfolios. The Board recognizes that portfolios may be especially useful in assessing how skills, knowledge and thought processes have been combined from a number of different subject areas.

(cf. 6030 - Integrated Academic and Vocational Instruction)

When reporting student grades to parents/guardians, teachers may add narrative descriptions, observational notes and/or samples of classroom work in order to better describe student progress in specific skills and subcategories of achievement.

The Board recognizes that the developmental levels of young children vary a great deal. In order to give parents/guardians more information and also promote students' self-esteem and experiences of success, students in kindergarten shall receive narrative evaluations rather than letter grades.

California law does not appear to allow teachers to give grades based on attendance alone. Education Code 49067 requires the evaluation of each student's achievement for each marking period, and Education Code 48205 states that students with excused absences must be allowed to make up the work they missed.

BP 5121(b)


GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)


Behavior, effort and attendance shall be reported in separate evaluations, not in the student's academic grade.

(cf. 5113 - Absences and Excuses)
(cf. 5123 - Promotion/Acceleration/Retention)
(cf. 5124 - Communication with Parents/Guardians)
(cf. 5125.3 - Challenging Student Records)
(cf. 6154 - Homework/Make-up Work)

Unexcused Absences

Education Code 49067 does not authorize lowering the student's grade in steps because of unexcused absences, and districts are not advised to follow such an approach.

If a student misses class without an excuse and does not subsequently turn in homework, take a test or filfill another class requirement which he/she missed, the teacher may lower the student's grade for nonperformance.


Legal Reference:
EDUCATION CODE
48070 Promotion and retention
48205 Excused absences
48431.6 Required systematic review
49066 Grades; finalization; physical education class
49067 Mandated regulations regarding pupil's achievement
UNITED STATES CODE, TITLE 20
6101-6251 School-to-Work Opportunities Act of 1994
COURT DECISIONS
Johnson v. Santa Monica-Malibu Unified School District Board of Education
(App. 2 Dist. 1986) 224 Cal. Rptr. 885, 179 Cal. App. 3d 593

Management Resources:
CDE PUBLICATIONS
It's Elementary!, Elementary Grades Task Force Report, 1992


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5121(a)

GRADES/EVALUATION OF STUDENT ACHIEVEMENT


Grades for Achievement

Grades for achievement shall be reported each marking period as follows:

A (90-100%) Outstanding Achievement 4.0 grade points
B (80-89%) Above Average Achievement 3.0 grade points
C (70-79%) Average Achievement 2.0 grade points
D (60-69%) Below Average Achievement 1.0 grade points
F ( 0-59%) Little or No Achievement 0
I Incomplete 0

Whenever it becomes evident to a teacher that a student is in danger of failing a course, the teacher shall arrange a conference with the student's parent/guardian or send the parent/guardian a written report, at the end of each quarter. (Education Code 49067)

An incomplete is given only when a student's work is not finished because of illness or other excused absence. If not made up within six weeks, the incomplete will become an F.

Plus and minus signs are not part of the grading system and are not to be used.

No grade of a student participating in a physical education class may be adversely affected due to the fact that the student, because of circumstances beyond his/her control, does not wear standardized physical education apparel. (Education Code 49066)

Students in grades 7 through 12 must earn at least a 2.0 or C grade point average in order to participate in extra/cocurricular activities.

(cf. 6145 - Extracurricular and Cocurricular Activities)

Teachers are encouraged to allow for trends in the quality of student work, averaging out the highs and lows during the grading period.

In kindergarten, teachers shall use narrative descriptions to indicate the student's level of achievement and may also furnish examples of student work.

AR 5121(b)


GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)


Grades for Citizenship and Effort

Grades for citizenship and effort shall be reported each marking period as follows:

E Exceeds conduct standards
M Meets conduct standards
B Below conduct standards

Criteria for determining grades for citizenship may include but are not limited to:

1. Student obeys rules

2. Student follows directions

3. Student respects public and personal property

4. Student maintains courteous, cooperative relations with teachers and fellow students

5. Student works without disturbing others

Criteria for determining grades for effort may include but are not limited to:

1. Student takes responsibility for having necessary tools and materials

2. Student shows interest and initiative

3. Student goes to work immediately, and completes assignments

4. Student uses free time resourcefully

Honor Roll

Each school shall post an Honor Roll. All courses except Pass/Fail shall be counted in computing eligibility for the Honor Roll. To qualify for the Honor Roll, a student must receive no current grade below a C and have a grade point average of 3.5 or better.

AR 5121(c)


GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)


Advanced Placement/Honors Courses (High School Level)

The district wishes to encourage students to take advanced placement and honors courses in academic subjects. Because of the extra work involved, the evaluation system shall be weighted to reflect the more rigorous nature of these courses. Grades received in these courses will be counted on the following scale:

A = 5 points
B = 4 points
C = 3 points
D = 1 point
F = 0

Advanced Placement Teachers will hold at least one conference quarterly with individual students and their parents/guardians regarding the student's academic progress.

Repeated Classes

With the approval of the principal or designee, a student may repeat a course in order to raise his/her grade. The student shall receive credit only for taking the course once.

The highest grade received will be the permanent grade on the student's transcript.

Withdrawal from Classes

A student who drops a course during the first six weeks of the semester may do so without any entry on his/her permanent record card. A student who drops a course after the first six weeks of the semester shall receive an F grade on his/her permanent record, unless otherwise decided by the principal or designee because of extenuating circumstances.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students E 5121(a)

Score Content Criteria Mechanics Criteria
6 Distinguished Achievement(insightful, persuasive, creative)Audience is addressed and fully engaged. Interest is maintained throughout the entire essay. Makes a genuine attempt to accommodate the learning objectives of the assignment. Clearly identifies the problem and provides a number of strong solutions. Distinguished AchievementReader rarely spots errors in usage or spelling. Virtual mastery of standard English conventions. Writer has a confident level of sophistication.
5 Noteworthy Achievement(engaging, energetic, convincing)Audience is addressed, but may not have the continual focus of a 6. Briefly discusses the problem and provides at least one relevant, well argued solution to the problem Noteworthy AchievementReader infrequently notices usage and spelling errors. Writer may be careless with some conventions. Writer may have some level of sophistication.
4 Satisfactory Achievement(average, not surprising or especially convincing) Audience may be considered at the beginning but not referred to again until the conclusion. The issue may be mentioned at the beginning but is not referred to again until the conclusion. May briefly discuss the problem. Satisfactory AchievementReader occasionally spots errors in usage and spelling. Writer is in control of basic writing conventions.
3 Some Indication of Achievement(flat, hurried)Audience may be considered but not fully accommodated. The issue may be mentioned but not fully accommodated. The problem is identified, but the solution or argument may be weak. Some Indication of AchievementReader is continually aware of errors in usage and spelling. While essay may be readable, errors create confusion and ambiguity.
2 Limited Indication of Achievement(sketchy, weak, unclear, lack of focus)May not address or acknowledge the audience. The issue may be implied but not addressed. The problem may be mentioned but no solution is offered. Limited Indication of AchievementReader frequently spots errors in usage and spelling. Writer clearly lacks complete control of basic writing conventions.
1 Few Indications of Achievement(brief, illogical, incoherent)No sense of the audience. Problem may be difficult to identify. May not offer a solution. Few Indications of AchievementReader is bothered by numerous errors in every sentence. Writer seems to understand very little about basic conventions.
0 Inappropriate ResponseOf topic. Inappropriate ResponseNot Applicable.

E 5121(b)

CUSD 1998-1999
RUBRIC SCALE


Rubric Scale 1= Below grade level standards

Rubric Scale 2= Meets grade level standards

Rubric Scale 3= Exceeds grade level standards

STANDARDIZED TEST


NP 1-49 1-25= 1

NP 50-79 26-49= 2

NP 80-99 50-99= 3

PERFORMANCE BASED ASSESSMENT-WRITING
(Six Point Writing Rubric Scale)

0-2= 1

3-4= 2

5-6= 3

TEACHER JUDGMENT (REPORT CARDS, OBSERVATIONS, ETC.
* TEACHER JUDGMENT (TEACHER MADE TESTS, CLASSWORK, HOMEWORK)

1= D or F

2= C

3= B or A


E 5121(c)

CUSD RUBRIC SCALE

STANDARDIZED TEST


RANK % RANGE E*M*B GRADE
1 1/491/25 BELOW D/F
2 50/7926/49 MEETS C
3 80/9950/99 EXCEEDS B/A


TEACHER JUDGMENT

TEACHER MADE TEST


RANK % RANGE E*M*B GRADE
1 0/69 BELOW D/F
2 70/79 MEETS C
3 80/100 EXCEEDS B/A

E 5121(d)


TEACHER JUDGMENT

CLASSROOM ASSIGNMENTS


RANK % RANGE E*M*B GRADE
1 0/69 BELOW D/F
2 70/79 MEETS C
3 80/100 EXCEEDS B/A

TEACHER JUDGMENT

HOMEWORK


RANK % RANGE E*M*B GRADE
1 0/69 BELOW D/F
2 70/89 MEETS C
3 90/100 EXCEEDS B/A

E 5121(e)


Calculating Practice

Individual Student Performance on Multiple Assessments
Matrix

Student # NR TEST A PBA B TJ C A+B+C/3 E*M*B






Rubric Scale Score Teacher Judgment
Rubric Scale 1= Below grade level standards Grades D or F= 1
Rubric Scale 2= Meets grade level standards Grades C= 2
Rubric Scale 3= Exceeds grade level standards Grades B or A= 3

Standardized Test Accountability Ranking
National Percentile 1-49=1 1-25=1 3=Exceeds=B or A
National Percentile 50-79=2 26-49=2 2=Meets=C
National Percentile 80-99=3 50-99=3 1=Below=D or F

Performance Based Assessment-Writing
Rubric Score 0-2=1
Rubric Score 3-4=2
Rubric Score 5-6=3


Exhibit COMPTON UNIFIED SCHOOL DISTRICT
version: April 11, 2000 Compton, California


Students BP 5123(a)

PROMOTION/ACCELERATION/RETENTION


The Board of Trustees expects students to progress through each grade within one school year. To accomplish this, instruction should accommodate the varying interests and growth patterns of individual students and include strategies for addressing academic deficiencies when needed.

Students shall progress through the grade levels by demonstrating growth in learning and meeting grade-level standards of expected student achievement.

(cf. 6011 - Academic Standards)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)
(cf. 6146.5 - Elementary School Promotion/Standards of Proficiency)

Progress toward high school graduation shall be based on the student's ability to pass the subjects and electives necessary to earn the required number of credits. The student must also meet the minimum proficiency requirements set by the Board.

When high academic achievement is evident, the Superintendent or designee may recommend a student for acceleration into a higher grade level. The student's social and emotional growth shall be taken into consideration in making a determination to accelerate a student.

As early as possible in the school year and in students' school careers, the Superintendent or designee shall identify students who should be retained and who are at risk of being retained in accordance with law, Board policy, administrative regulation and the following criteria:

The Compton Unified School District is dedicated to the total and continuous development of each student; therefore, its Promotion Policy provides guidelines for appropriate placement of students at the grade best suited to their academic, social and emotional development. A comprehensive plan for early detection and intervention shall be implemented at each school in order to enhance student progress and increase academic performance.

The district's revised policy is designed to reduce student failure and underachievement. School sites will implement prevention/intervention and

BP 5123(b)


PROMOTION/ACCELERATION/RETENTION (continued)


support strategies. The policy and plan are designed to create safety nets and accountability systems to raise the level of student achievement and accomplish minimum performance standards for all students.

Student advancement in grades K-8 will be made on the basis of achievement of basic skills. Exceptions may be made when in the judgment of the certificated staff, parents and/or guardians, are in the best educational interest of the students involved. The final decision regarding promotion, acceleration and retention will rest with the school authorities. This revised plan will emphasize reading skill levels as measured by standardized tests in grades K-8.

In secondary schools, criteria for advancement from one grade to the next includes successfully completing required credits. In order to earn a high school diploma, a student must have satisfied the AB 65 Hart Law Minimum Proficiencies and completed a minimum of two hundred twenty (220) semester credits in appropriate courses.

(cf. 5149 - At-Risk Students)
(cf. 6162.5 - Student Assessment)

When a student is recommended for retention or is identified as being at risk for retention, the Superintendent or designee shall provide opportunities for remedial instruction to assist the student in overcoming his/her academic deficiencies. Such opportunities may include but are not limited to tutorial programs, after-school programs, summer school programs and/or the establishment of a student study team.

(cf. 6164.5 - Student Study Teams)
(cf. 6177 - Summer School)

Legal Reference: (see next page)


BP 5123(c)


PROMOTION/ACCELERATION/RETENTION (continued)

Legal Reference:
EDUCATION CODE
37252-37253 Summer school
46300 Method of computing ADA
48011 Admission on completing kindergarten; grade placement of pupils coming from other districts
48070-48070.5 Promotion and retention
48431.6 Required systematic review of students and grading
51215 Proficiency standards in basic skills
51216 Assessment of pupil proficiency
51217 Withholding diploma (high school)
51218 Separate proficiency standards
56345 Elements of individualized education plan
60641-60647 Standardized Testing and Reporting Program
60648 Minimum performance levels
CODE OF REGULATIONS, TITLE 5
200-202 Admission and exclusion of students

Management Resources:
CDE PROGRAM ADVISORIES
06121.89-06123.89 Educating Young Children: Next Steps in Implementing the School Readiness Task Force Report
0916.91 Retention of Students in Elementary and Middle Grades, CIL 91/92-02
CDE MANAGEMENT ADVISORIES
0900.90 Changes in Law concerning Eligibility for Admission to Kindergarten 90-10
LEGISLATIVE COUNSEL OPINION
1001.98 Promotion and Retention #21610
CSBA ADVISORIES
1112.98 Student Promotion/Retention Advisory
WEB SITES
CSBA: http://www.csba.org
CDE: http://www.cde.ca.gov


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5123(a)

PROMOTION/ACCELERATION/RETENTION


Acceleration from Kindergarten to First Grade

A student enrolled in kindergarten may be admitted to the first grade at the discretion of the Superintendent or designee and with the consent of the parent/guardian, upon determination that the child is ready for first-grade work. (Education Code 48011)

Admission shall be subject to the following minimum criteria: (5 CCR 200)

1. The student is at least five years of age.

2. The student has attended a public school kindergarten for a long enough time to enable school personnel to evaluate his/her ability.

3. The student is in the upper five percent of his/her age group in terms of general mental ability.

4. The physical development and social maturity of the student are consistent with his/her advanced mental ability.

5. The parent/guardian of the student has filed a written statement with the school district approving the placement in first grade.

Students who have completed one year of kindergarten shall be admitted to first grade unless the parent/guardian and the district agree that the student shall continue in kindergarten for not more than one additional school year. (Education Code 48011)

Whenever a student continues in kindergarten for an additional year, the Superintendent or designee shall secure an agreement, signed by the parent/guardian, stating that the student shall continue in kindergarten for not more than one additional school year. (Education Code 46300)

AR 5123(b)


PROMOTION/ACCELERATION/RETENTION (continued)

The Plan-Standards

1. Promotion in grades K-8 will be based upon individual student reading levels as determined by standardized tests and other secondary assessments of standards. The use of a standardized test is recommended to provide incentive for all students to do their personal best when taking the test.

2. All students will be assessed annually in reading skills.

3. Students in grades 3, 5, or 8 may be subject to mandatory retention based on the following criteria:

a. Students in grade 3 who score 10 months (1 year) or more below grade 3 reading level.

b. Students in grade 5 who score 15 months (1.5 years) or more below grade 5 reading level.

c. Students in grade 8 who score 20 months (2 years) or more below grade 8 reading level.

4. All students in grades K-8 assessed below grade level in reading must participate in site-based recovery activities.

5. An opportunity for retained students in grades 3 and 5 to return (acceleration) to the original grade may be available at the end of each semester based upon reading level improvement.

6. The local school Student Study Team will determine if all opportunities have been made available before recommendation is made for retention.

Retention at Other Grade Levels

The Superintendent or designee shall identify students who should be retained or who are at risk of being retained at the following grade levels: (Education Code 48070.5)

1. Between grades 2 and 3

2. Between grades 3 and 4

AR 5123(c)


PROMOTION/ACCELERATION/RETENTION (continued)

3. Between grades 4 and 5

4. Between the end of the intermediate grades and the beginning of the middle school grades

5. Between the end of the middle school grades and the beginning of the high school grades

Students between grades 2 and 3 and grades 3 and 4 shall be identified primarily on the basis of their level of proficiency in reading. Proficiency in reading, English language arts and mathematics shall be the basis for identifying students between grades 4 and 5, between intermediate and middle school grades, and between middle school grades and high school grades. (Education Code 48070.5)

(cf. 6142.91 - Reading/Language Arts Instruction)
(cf. 6142.92 - Mathematics Instruction)

Students shall be identified on the basis of either assessment results or grades and other indicators of academic achievement, as established by Board policy.

(cf. 5121 - Grades/Evaluation of Student Achievement)
(cf. 6162.5 - Student Assessment)

The Plan-Recommended Intervention Activities and Strategies

District Retention Prevention activities and strategies may include the following:

1. Mandatory summer school for identified students will be initiated in grades 3, 5 and 8, with an emphasis on improving reading skills. Students in grades K, 1, 2, 4, 6 and 7, who score below grade level in reading, will be strongly encouraged to attend summer school. The extended School Year Program will be utilized to assist identified students in grades K-5 and grade 8.

2. At least 4 hours per week of afterschool reading tutorial activities will be recommended for students identified as potential retainees. Tutoring will be offered Monday through Thursday, before or after school, and also on Saturday as local school resources and available district-level funds permit. Student tutors will be recruited, trained and utilized to assist. Teachers selected as tutors must demonstrate success as measured by student achievement.


AR 5123(d)


PROMOTION/ACCELERATION/RETENTION (continued)


3. Students in greatest need will be offered reading instructional support during daily class time.

4. School staff will be responsible for monitoring student progress, providing information to parents at least every quarter (10 weeks), and implementing activities designed to assist students in danger of retention. Parents and students will be required to confer with their teacher and sign a contract agreeing to participate in specific activities designed to prevent retention. Individual student remediation plans will be developed within two weeks of assessment, with a required parent signature.

5. Reading assignments, book reports, vocabulary building activities, and progress logs will be required on a weekly basis for identified students in grades K-8.

6. Students in grades 6-8 will be grouped for inclusion in Developmental Reading Activities to be conducted during the school day.

7. Afterschool Homework Centers will be established at local schools to assist students and parents. Volunteers and paid staff will be recruited to facilitate activities.

8. Staff development for teachers in the areas of Reading and Writing instruction will be offered throughout the year.

9. Weekly monitoring of identified students' progress will be done at the local school level.

Resources Needed/Recommended

1. Funding at local school levels should be made available for tutorial support, homework centers and mandated summer school. Categorical funds should be made available at local school and district levels.

2. Districtwide tutorial coordination is recommended.

3. It is recommended that intervention programs be established at school sites to assist students retained in grades 3, 5 and 8. Alternative school strategies and support should be made available, particularly to ensure that student self-esteem and motivation are addressed. Counseling services and study skills training will be provided.


AR 5123(e)

PROMOTION/ACCELERATION/RETENTION (continued)


4. Expansion of the Extended School Year Program to include retained students in grades 3, 5 and 8 is recommended.

5. A grade 8 Summer Academy for identified students is recommended. Gender separate classes may be offered for students on a voluntary basis.

6. Establish academic credit community service elective classes for high school students to serve as tutors for identified students.

7. Recruitment of retired teachers, parents and senior citizen volunteers to assist students is recommended.

8. Local university and community college support should be pursued. Distance Learning for training of parents and teachers, along with tutorial support is needed.

9. An extensive parent training program is recommended and coordinated by both district and school site resources. Adult Education resources should be made available for training.

10. Health screenings for identified students are recommended.

11. Afterschool transportation may be needed for identified students participating in academic recovery and intervention activities.

12. Need appropriate supplementary materials, i.e. "high interest-low readability level."

13. Local school site plans will reflect activities and resources designated to improve reading levels.

If a student is identified as performing below the minimum standard for promotion, the student shall be retained in his/her current grade level unless the student's regular classroom teacher determines, in writing, that retention is not the appropriate intervention for the student's academic deficiencies. This determination shall specify the reasons that retention is not appropriate for the student and shall include recommendations for interventions other than retention that, in the opinion of the teacher, are necessary to assist the student in attaining acceptable levels of academic achievement. (Education Code 48070.5)


AR 5123(f)


PROMOTION/ACCELERATION/RETENTION (continued)


If the teacher's recommendation to promote is contingent on the student's participation in a summer school or session remediation program, the student's academic performance shall be reassessed at the end of the remediation program, and the decision to retain or promote the student shall be reevaluated at that time. The teacher's evaluation shall be provided to and discussed with the student's parents/guardians and the principal before any final determination of retention or promotion. (Education Code 48070.5)

If the student does not have a single regular classroom teacher, the principal or designee shall specify the teacher(s) responsible for the decision to promote or retain the student. (Education Code 48070.5)

When a student is identified as being at risk of retention, the Superintendent or designee shall so notify the student's parents/guardians as early in the school year as practicable. The student's parent/guardian shall be provided an opportunity to consult with the teacher(s) responsible for the decision to promote or retain the student. (Education Code 48070.5)

(cf. 5145.6 - Parental Notifications)

The Superintendent/designee shall also provide a copy of the district's promotion/retention policy and administrative regulation to those parents/guardians who have been notified that his/her child is at risk of retention.

The teacher's decision to promote or retain a student may be appealed consistent with Board policy, administrative regulation and law.

The burden shall be on the appealing party to show why the teacher's decision should be overruled. (Education Code 48070.5)

To appeal a teacher's decision, the appealing party shall submit a written request to the Superintendent or designee specifying the reasons why the teacher's decision should be overruled. The appeal must be initiated within 10 school days of the determination of retention or promotion. The teacher shall be provided an opportunity to state orally and/or in writing the criteria on which his/her decision was based.

AR 5123(g)


PROMOTION/ACCELERATION/RETENTION (continued)


Within 30 days of receiving the request, the Superintendent or designee shall determine whether or not to overrule the teacher's decision. Prior to making this determination, the Superintendent or designee may meet with the appealing party and the teacher. If the Superintendent or designee determines that the appealing party has overwhelmingly proven that the teacher's decision should be overruled, he/she shall overrule the teacher's decision.

The Superintendent or designee's determination may be appealed by submitting a written appeal to the Board within 15 school days. Within 30 days of receipt of a written appeal, the Board shall meet in closed session to decide the appeal. The Board's decision may be made on the basis of documentation prepared as part of the appeal process or, at the discretion of the Board, the Board may also meet with the appealing party, the teacher and the Superintendent/designee to decide the appeal. The decision of the Board shall be final.

(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)

If the decision of the Board is unfavorable to the appealing party, he/she shall have the right to submit a written statement of objections which shall become part of the student's record.

(cf. 1312 - Complaints Against the Schools)
(cf. 5125 - Student Records)
(cf. 5125.3 - Challenging Student Records)

Remedial Instruction

With the parent/guardian's consent, the Superintendent or designee may require a student who has been recommended for retention or has been identified as being at risk of retention to participate in a supplemental instructional program. Such programs shall be offered during the summer, after school, on Saturdays and/or during intersessions. Services shall not be provided during the regular instructional day if it would result in the student being removed from classroom instruction in the core curriculum. (Education Code 37252.5)

(cf. 6177 - Summer School)


AR 5123(h)


PROMOTION/ACCELERATION/RETENTION (continued)


These services shall be provided to students in the following priority order: (Education Code 37252.5)

1. Students who have been recommended for retention or who have been identified as being at risk of retention pursuant to Education Code 48070.5

2. Students who have been identified as having a deficiency in mathematics, reading or written expression based on the results of the tests administered under the STAR program

This supplemental instruction program shall be developed in accordance with the requirements of Education Code 37252.5.

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5124(a)

COMMUNICATION WITH PARENTS/GUARDIANS


Because parents/guardians have a right to be informed about their child's academic achievement and may use this information to support student learning, the Board of Trustees encourages frequent communication to parents/guardians about student progress. The principal and teacher may communicate by means of conferences, class newsletters, mail, telephone, and/or school visits by parents/guardians.

(cf. 1250 - Visitors/Outsiders)
(cf. 6020 - Parent Involvement)

As part of this communication, teachers shall send progress reports to parents/guardians at regular intervals and shall encourage parents/ guardians to communicate any concerns to the teacher. In addition, the district shall send parents/guardians all notifications required by law.

(cf. 5113 - Absences and Excuses)
(cf. 5121 - Grades/Evaluation of Student Achievement)
(cf. 5145.6 - Parental Notifications)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)
(cf. 6146.5 - Elementary School Promotion/Standards of Proficiency)
(cf. 6162.5 - Student Assessment)

The Superintendent or designee shall ensure that appropriate means of communication are established whenever he/she learns that a parent/ guardian, for any reason, may not be able to understand written communications from school or oral communications made during conferences related to the student's program, assessment, progress or school activities.

As needed, the Superintendent or designee shall use interpreters who are fully competent in the specialized method of communication needed for effective communication with disabled parents/guardians.

The Superintendent or designee shall also use interpreters for parents/guardians who do not understand English, shall provide progress reports in the primary language of the parent/guardian, and/or shall identify appropriate means of communication with such parents/ guardians.

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 6174 - Education for English Language Learners)

BP 5124(b)


COMMUNICATION WITH PARENTS/GUARDIANS (continued)


The Superintendent or designee shall establish a procedure whereby parents/guardians may request an interpreter and shall inform parents/guardians about this procedure.

Legal Reference:
EDUCATION CODE
48985 Notices in language other than English
49067 Mandated regulations regarding student achievement
49069 Absolute right to access (parents' right of access to student records)
51216 Proficiency assessment; conference to further student's progress
GOVERNMENT CODE
11135 State-funded programs or activities
UNITED STATES CODE, TITLE 29
794 Rehabilitation Act of 1973, Section 504
UNITED STATES CODE, TITLE 42
2000d et seq. Title VI, Civil Rights Act of 1964
12101 et seq. Americans With Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.104 Definitions; auxiliary aids and services
35.130 General prohibitions against discrimination
35.160 Communications
CODE OF FEDERAL REGULATIONS, TITLE 34
104.4 Discrimination prohibited


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5125(a)

STUDENT RECORDS

The Superintendent or designee shall establish regulations for Board approval governing the identification, description and security of student records, as well as timely access for authorized persons. These regulations shall ensure parental rights to review, inspect and photocopy student records and shall protect the student and the student's family from invasion of privacy. If a parent chooses to photocopy student records, these records will be labeled "non official."

(cf. 3580 - District Records)
(cf. 4040 - Employee Use of Technology)
(cf. 5125.1 - Release of Directory Information)
(cf. 5125.2 - Withholding Grades, Diploma or Transcripts)
(cf. 5125.3 - Challenging Student Records)

Custodian of Records

The Superintendent or designee shall designate a certificated employee to serve as custodian of records, with responsibility for student records at the district level. At each school, the principal or a certificated designee shall act as custodian of records for students enrolled. The custodian of records shall be responsible for implementing the Board policy and administrative regulation regarding student records. (5 CCR 431)

Legal Reference:
EDUCATION CODE
48904 Liability of parent
48904.3 Withholding grades, diplomas, or transcripts of pupils causing property damage or injury; transfer of pupils to new school districts; notice to rescind decision to withhold
49060-49078 Pupil records
CODE OF CIVIL PROCEDURE
1985.3 Subpoena duces tecum
FAMILY CODE
3025 Parental access to records
GOVERNMENT CODE
6252-6260 Inspection of public records
WELFARE AND INSTITUTIONS CODE
16010 Health and education records of a minor
CODE OF REGULATIONS, TITLE 5
430-438 Individual pupil records
16020-16028 Destruction of records of school districts
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
CODE OF FEDERAL REGULATIONS, TITLE 34
99.1-99.8 Family Educational Rights and Privacy
300.500 Definition of "personally identifiable"
300.501 General responsibilities of public agencies
300.502 Opportunity to examine records
300.573 Destruction of information

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5125(a)

STUDENT RECORDS


Definitions

Student record is any item of information other than directory information, gathered within or outside the district, that is directly related to an identifiable student and maintained by the district or required to be maintained by an employee in the performance of his/her duties. Any information maintained for the purpose of second-party review is considered a student record. A student record may be recorded in handwriting, print, computer media, video or audio tape, film, microfilm, microfiche or by other means. Student records include the student's health record. They do not include informal notes compiled by a school officer or employee which remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. A substitute can only be a school officer or employee.

Mandatory permanent student records are those records which are maintained in perpetuity and which schools have been directed to compile by state law, regulation or administrative directive. (5 CCR 430)

Mandatory student records are those records which the schools are directed to compile and maintain for stipulated periods of time and are then destroyed in accordance with state law, regulation or administrative directive. (5 CCR 430)

Permitted student records are those records having clear importance only to the current educational process of the student. (5 CCR 430)

Access means a personal inspection and review of a record, an accurate copy of a record or receipt of an accurate copy of a record, an oral description or communication of a record, and a request to release a copy of any record. (Education Code 49061)

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records, to any party, by any means including oral, written or electronic means. (34 CFR 99.3)

Personally identifiable information includes but is not limited to the student's name, the name of the student's parent/guardian or other family member, the address of the student or student's family, a personal identifier such as the student's social security number or student number, and a list of personal characteristics or other information that would make the student's identity easily traceable. (34 CFR 99.3)

AR 5125(b)


STUDENT RECORDS (continued)


Adult student is a person who is or was enrolled in school and who is at least 18 years of age. (5 CCR 430)

School officials and employees are officials or employees whose duties and responsibilities to the district, whether routine or as a result of special circumstances, require that they have access to student records.

A legitimate educational interest is one held by officials or employees whose duties and responsibilities to the district, whether routine or as a result of special circumstances, require that they have access to student records.

Changes to Student Records

No additions except routine updating shall be made to a student's record after high school graduation or permanent departure without prior consent of the parent/guardian or adult student. (5 CCR 437)

Only a parent/guardian having legal custody of the student may challenge the content of a record or offer a written response to a record. (Education Code 49061)

(cf. 5125.3 - Challenging Student Records)

Retention and Destruction of Student Records

The following mandatory permanent student records shall be kept indefinitely: (5 CCR 432, 437)

1. Legal name of student

2. Date and place of birth, and method of verifying birth date

(cf. 5111 - Admission)

3. Gender of student

4. Name and address of parent/guardian of minor student

a. Address of minor student if different from the above

AR 5125(c)


STUDENT RECORDS (continued)


b. Annual verification of parent/guardian's name and address and student's residence

(cf. 5111.1 - District Residency)
(cf. 5111.11 - Residency of Students with Caregiver)
(cf. 5111.12 - Residency Based on Parent/Guardian Employment)
(cf. 5111.13 - Residency for Homeless Children)

5. Entrance and departure date of each school year and for any summer session or other extra session

6. Subjects taken during each year, half-year, summer session or quarter, and marks or credits given

(cf. 5121 - Grades/Evaluation of Student Achievement)

7. Verification of or exemption from required immunizations

(cf. 5141.31 - Immunizations)

8. Date of high school graduation or equivalent

Unless forwarded to another district, mandatory student records shall be maintained subject to destruction during the third school year following a determination that their usefulness has ceased or the student has left the district. These records include: (Education Code 48918; 5 CCR 432, 437, 16027)

1. Expulsion orders and the causes therefor

(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

2. A log identifying persons or agencies who request or receive information from the student record

3. Health information, including Child Health and Disability Prevention Program verification or waiver

(cf. 5141.32 - Child Health and Disability Prevention Program)

4. Information on participation in special education programs, including required tests, case studies, authorizations, and evidence of eligibility for admission or discharge

AR 5125(d)


STUDENT RECORDS (continued)


(cf. 6159 - Individualized Education Program)
(cf. 6164.4 - Identification of Individuals for Special Education)

5. Language training records

(cf. 6174 - Education for English Language Learners)

6. Progress slips/notices required by Education Code 49066 and 49067

7. Parental restrictions/stipulations regarding access to directory information

8. Parent/guardian or adult student rejoinders to challenged records and to disciplinary action

9. Parent/guardian authorization or denial of student participation in specific programs

10. Results of standardized tests administered within the past three years

(cf. 6162.5 - Student Assessment)

Permitted student records may be destroyed six months after the student completes or withdraws from the educational program, including: (5 CCR 432, 437)

1. Objective counselor/teacher ratings

2. Standardized test results older than three years

3. Routine disciplinary data

(cf. 5144 - Discipline)

4. Verified reports of relevant behavioral patterns

5. All disciplinary notices

6. Supplementary attendance records

Records shall be destroyed in a way that assures they will not be available to possible public inspection in the process of destruction. (5 CCR 437)

AR 5125(e)


STUDENT RECORDS (continued)


Persons with Access to Student Records

Persons, agencies or organizations specifically granted access rights pursuant to state law shall have access without written parental consent or judicial order. In addition, parental consent is not required when information is shared with other persons within educational institutions, agencies or organizations obtaining access, as long as those persons have a legitimate educational interest in the information. (Education Code 49076)

The following persons or agencies shall have absolute access to any and all student records in accordance with state law:

1. Natural parents, adoptive parents, or legal guardians of students younger than age 18 (Education Code 49069)

a. Access to student records and information shall not be denied to a parent because he/she is not the child's custodial parent. (Family Code 3025)

2. Adult students age 18 or older or students under the age of 18 who attend a postsecondary institution, in which case the student shall alone exercise rights related to his/her student records and grant consent for the release of records (Education Code 49061; 34 CFR 99.5)

3. Those so authorized in compliance with a court order or lawfully issued subpoena (Education Code 49077)

In addition, the following persons or agencies shall have access to those particular records that are relevant to the legitimate educational interests of the requester: (Education Code 49076)

1. Natural parents, adoptive parents or legal guardians of a dependent student age 18 or older

2. Students 16 or older or who have completed the 10th grade

3. School officials and district employees

4. Members of a school attendance review board, and any volunteer aide age 18 or older who has been investigated, selected and trained by such a board to provide follow-up services to a referred student

AR 5125(f)


STUDENT RECORDS (continued)


(cf. 5113 - Absences and Excuses)

5. Officials and employees of other public schools or school systems where the student intends or is directed to enroll, including local, county or state correctional facilities where educational programs leading to high school graduation are provided

6. Federal, state and local officials, as needed for program audits or compliance with law

7. Any district attorney who is participating in or conducting a truancy mediation program or participating in the presentation of evidence in a truancy petition

8. A prosecuting agency for consideration against a parent/guardian for failure to comply with compulsory education laws

9. Any probation officer or district attorney for the purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation

County child welfare services workers responsible for the case plan of a minor who is being placed in foster care shall have access to the student's school records. (Welfare and Institutions Code 16010)

When authorized by law to assist law enforcement in investigations of suspected kidnapping, the Superintendent or designee shall provide information about the identity and location of the student as it relates to the transfer of that student's records to another district or private school within the state. The information shall be released only to designated peace officers, federal criminal investigators and federal law enforcement officers whose names have been submitted by their law enforcement agency in writing. (Education Code 49076.5)

The Superintendent or designee may release information from student records to the following: (Education Code 49076)

1. Appropriate persons in an emergency if the health and safety of a student or other persons are at stake


AR 5125(g)


STUDENT RECORDS (continued)


2. Agencies or organizations in connection with a student's application for or receipt of financial aid

3. Accrediting associations

4. Under the conditions specified in Education Code 49076, organizations conducting studies on behalf of educational institutions or agencies for the purpose of developing, validating or administering predictive tests, administering student aid programs or improving instruction

5. Officials and employees of private schools or school systems where the student is enrolled or intends to enroll

6. County elections officials for the purpose of identifying students eligible to register to vote and offering such students an opportunity to register

Persons, agencies or organizations not afforded access rights pursuant to state law may be granted access only through written permission of the parent/guardian, adult student or by judicial order. (Education Code 49075)

Only a parent/guardian having legal custody of the student may consent to the release of records to others. Either parent may grant consent if both parents notify the district, in writing, that such an agreement has been made. (Education Code 49061)

(cf. 5021 - Noncustodial Parents)

Any person or agency granted access is prohibited from releasing information to another person or agency without written permission from the parent/guardian or adult student. (Education Code 49076)

Procedures for Access

Student records shall be maintained in a central file at the school attended by the student or, when records are maintained in different locations, a notation shall be placed in the central file indicating where other records may be found. Parents/guardians shall be notified of the location of student records if not centrally located. (Education Code 49060; 5 CCR 433)


AR 5125(h)


STUDENT RECORDS (continued)


To inspect, review or obtain copies of student records, authorized persons shall submit a request to the custodian of records.

Authorized persons from outside the school whose access requires consent from the parent/guardian or adult student shall submit their request, together with any required authorization, to the Superintendent or designee or the custodian of records. (5 CCR 435)

Within five days following the date of request, an authorized person shall be granted access to inspect, review and obtain copies of student records during regular school hours. (Education Code 49069, 5 CCR 431)

Qualified certificated personnel shall be available to interpret records when requested. (Education Code 49069)

The custodian of records shall be responsible for the security of student records and shall assure that access is limited to authorized persons. (5 CCR 433) The custodian of records or the Superintendent or designee shall prevent the alteration, damage or loss of records during inspection. (5 CCR 435)

Prior to disclosing a record pursuant to a court order, the Superintendent or designee shall, unless otherwise instructed by the order, give the parent/guardian or adult student at least three days' notice of the name of the requesting agency and the specific record requested if lawfully possible within the requirements of the judicial order. (5 CCR 435)

Duplication of Student Records

To provide copies of any student record, the district shall charge a reasonable fee not to exceed the actual cost of furnishing the copies. No charge shall be made for providing up to two transcripts or up to two verifications of various records for any former student. No charge shall be made to locate or retrieve any student record. (Education Code 49065)

The Superintendent or designee shall set a fee and update the amount annually if actual costs change.

(cf. 3260 - Fees and Charges)


AR 5125(i)


STUDENT RECORDS (continued)


Access Log

A log shall be maintained for each student's record which lists all persons, agencies or organizations requesting or receiving information from the records and the legitimate educational interest of the requester. (Education Code 49064)

In every instance of inspection by persons who do not have assigned educational responsibility, the school custodian of records shall make an entry in the log indicating the record inspected, the name of the person granted access, the reason access was granted, and the time and circumstances of inspection. (5 CCR 435)

The log does not need to include: (Education Code 49064)

1. Parents/guardians or adult students

2. Students 16 years of age or older who have completed the 10th grade

3. Parties obtaining district-approved directory information

(cf. 5125.1 - Release of Directory Information)

4. Parties who provide written parental consent, in which case the consent notice shall be filed with the record pursuant to Education Code 49075

5. School officials or employees who have legitimate educational interest

The log shall be accessible only to the parent/guardian, adult student, dependent adult student, student age 16 years or older or who has completed the 10th grade, custodian of records, and certain state/federal officials. (Education Code 49064; 5 CCR 432)

Transfer of Student Records

If a student transfers into this district from any other school district or a private school, the Superintendent or designee shall inform the parent/guardian of his/her rights regarding student records, including the right to review, challenge and receive a copy of student records. (Education Code 49068; 5 CCR 438)

AR 5125(j)


STUDENT RECORDS (continued)


When a student transfers from this district to another school district or to a private school, the Superintendent or designee shall forward a copy of the student's mandatory permanent records as requested by the other district or private school. The original record or a copy shall be retained permanently by this district. If the transfer is to another California public school, the student's entire mandatory record shall be forwarded. If the transfer is out of state or to a private school, the mandatory record may be forwarded. Permitted student records may be forwarded to any other district or private school. (5 CCR 438)

(cf. 5118 - Transfers)

When informed that a district student in foster care is transferring to another local educational agency, the Superintendent or designee shall cooperate to ensure that the student's health and education records are transferred to the receiving district. The district shall transfer the records within five working days of receiving notification regarding the student's new educational placement. (Education Code 49069.5)

All student records shall be updated before they are transferred. (5 CCR 438)

Student records shall not be withheld from the requesting district because of any charges or fees owed by the student or parent/guardian. (5 CCR 438)

If the district is withholding grades, diploma or transcripts from the student because of his/her damage or loss of school property, this information shall be sent to the requesting district along with the student's records.

(cf. 5125.2 - Withholding Grades, Diploma or Transcripts)

Notification of Parents/Guardians

Upon students' initial enrollment and at the beginning of each year thereafter, the Superintendent or designee shall notify parents/guardians and eligible students, in writing, of their rights related to student records. Insofar as practicable, the district shall provide these notices in the student's home language and shall effectively notify parents/guardians or eligible students who are disabled. (Education Code 49063; 34 CFR 99.7)

(cf. 5145.6 - Parental Notifications)


AR 5125(k)


STUDENT RECORDS (continued)


The notice shall include information about: (Education Code 49063; 34 CFR 99.7, 99.34)

1. The types of student records kept by the district and the information contained therein

2. The titles of the officials responsible for maintaining each type of record

3. The location of the log identifying those who request information from the records

4. District criteria for defining "school officials and employees" and for determining "legitimate educational interest"

5. District policies for reviewing and expunging student records

6. The right to inspect and review student records, and the procedures for doing so

7. The right to challenge and the procedures for challenging the content of a student record that the parent/guardian or student believes to be inaccurate, misleading or otherwise in violation of the student's privacy rights

(cf. 5125.3 - Challenging Student Records)

8. The cost, if any, charged for duplicating copies of records

9. The categories of information defined as directory information pursuant to Education Code 49073

10. The right to consent to disclosures of personally identifiable information contained in the student's records except when disclosure without consent is authorized by law

11. The availability of the curriculum prospectus developed pursuant to Education Code 49091.14 containing the titles, descriptions and instructional aims of every course offered by the school

(cf. 5020 - Parent Rights and Responsibilities)


AR 5125(l)


STUDENT RECORDS (continued)


12. Any other rights and requirements set forth in Education Code 49060-49078, and the right of parents/guardians to file a complaint with the United States Department of Health, Education, and Welfare concerning an alleged failure by the district to comply with 20 USC 1232g

13. A statement that the district forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5125.1

RELEASE OF DIRECTORY INFORMATION


The Superintendent or designee may authorize the release of student directory information to representatives of the news media, prospective employers or nonprofit organizations as provided by law. Unless prohibited by the parent/guardian in accordance with law, directory information which school officials may disclose consists of the following: student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of athletic team members, dates of attendance, degrees and awards received, and most recent previous school attended.

Telephone numbers shall be released only with express parental consent.

Military services representatives shall have access to directory information.

Legal Reference:
EDUCATION CODE
49061 Definitions
49063 Notification of parents of their rights
49073 Release of directory information
49073.5 Directory information; military representatives; telephone numbers
49603 Public high schools; military recruiting

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5125.1

RELEASE OF DIRECTORY INFORMATION


At the beginning of each school year, all parents/guardians shall be notified as to what categories of directory information the school or district plan to release, and to whom. (Education Code 49063, 49073)

(cf. 5145.6 - Parental Notifications)

Directory information shall not be released regarding any student whose parent/guardian notifies the district in writing that such information may not be disclosed. (Education Code 49073)

Based on its determination of the best interest of the student, the district may limit or deny the release of specific directory information to any public or private nonprofit organization. (Education Code 49073)

Under no circumstances shall directory information be disclosed to a private profit-making entity other than employers, prospective employers, and representatives of the news media. Private schools and colleges may be given the names and addresses of 12th grade students and students who are no longer enrolled provided they use this information only for purposes directly related to their institution's academic or professional goals. (Education Code 49073)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students AR 5125.2(a)

WITHHOLDING GRADES, DIPLOMA OR TRANSCRIPTS


When school property (including textbooks) has been willfully damaged or not returned upon demand, the principal or designee shall inform the parent/guardian in writing of the responsible student's alleged misconduct and the reparation that may be due.

This notice shall include a statement that the district may withhold grades, diploma or transcripts from the student and parent/guardian until reparation is made.

(cf. 5131.5 - Vandalism, Theft and Graffiti)
(cf. 6161.2 - Damaged or Lost Instructional Materials)

If reparation is not made, the district shall afford the student his/her due process rights in conformance with Education Code expulsion procedures and may withhold the student's grades, diploma or transcripts.

(cf. 5144.1 - Suspension and Expulsion/Due Process)

If the student and parent/guardian are unable to pay for the damages or return the property, the principal or designee shall develop a payment plan for damages and property. When this payment plan is completed, the student's grades, diploma or transcripts shall be released.

When a student from whom the district is withholding grades, diploma or transcripts transfers to another district, this information shall be sent to the new district with the student's records and a request that these items continue to be withheld until the new district receives notification that the debt has been cleared.

The Superintendent or designee shall notify the parent/guardian in writing that this district's decision to withhold grades, diploma or transcript will be enforced by the new district. (Education Code 48904.3)

The district shall withhold grades, diploma or transcripts from any student transferring into the district whose misconduct caused a previous district to withhold them. When informed by the previous district that its decision has been rescinded, the district shall release these documents. (Education Code 48904.3)

(cf. 5125 - Student Records)

Legal Reference: (see next page)


AR 5125.2(b)


WITHHOLDING GRADES, DIPLOMA OR TRANSCRIPTS (continued)

Legal Reference:
EDUCATION CODE
48904 Liability of parent
48904.3 Withholding grades, diplomas, or transcripts of pupils causing property damage or injury; transfer of pupils to new school districts; notice to rescind decision to withhold
48911 Suspension by principal, designee or superintendent
49069 Absolute right to access

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students AR 5125.3(a)

CHALLENGING STUDENT RECORDS


The custodial parent/guardian of any student may submit to the Superintendent or designee a written request to correct or remove from his/her child's records any information concerning the child which he/she alleges to be any of the following: (Education Code 49070)

1. Inaccurate

2. An unsubstantiated personal conclusion or inference

3. A conclusion or inference outside of 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

6. In violation of the privacy or other rights of the student

(cf. 5121 - Grades/Evaluation of Student Achievement)
(cf. 5125 - Student Records)

When a student grade is challenged, the teacher who gave the grade shall be given an opportunity to state orally, in writing, or both, the reasons for which the grade was given. Insofar as practicable, he/she shall be included in all discussions related to any grade change. In the absence of clerical or mechanical error, fraud, bad faith or incompetency, the student's grade as determined by the teacher shall be final. (Education Code 49066)

Within 30 days of receiving a request to correct or remove information from a record, the Superintendent or designee shall meet with the parent/guardian and with the employee (if still employed) who recorded the information in question. The Superintendent shall then sustain or deny the allegations. (Education Code 49070)

If the parent/guardian's allegations are sustained, the Superintendent shall order the correction or removal and destruction of the information. (Education Code 49070)

If the Superintendent denies the allegations, the parent/guardian may write within 30 days to appeal the decision to the Board of Trustees. Within 30 days of receiving the written appeal, the Board shall meet in closed session


AR 5125.3(b)


CHALLENGING STUDENT RECORDS (continued)


with the parent/guardian and the employee (if still employed) who recorded the information in question. The Board shall then decide whether or not to sustain or deny the allegations. If it sustains any or all of the allegations, the Superintendent shall immediately correct or remove and destroy the information from the student's records. (Education Code 49070)

The decision of the Board shall be final. If the decision of the Superintendent or Board is unfavorable to the parent/guardian, the parent/guardian shall have the right to submit a written statement of objections. This statement shall become a part of the student's record. (Education Code 49070)

Both the Superintendent and the Board have the option of appointing a hearing panel to assist in making the decision. The hearing panel may be used at the discretion of the Superintendent or the Board provided that the parent/guardian consents to releasing record information to panel members. (Education Code 49070, 49071)

The right to challenge a record becomes the sole right of the student when the student becomes 18 or attends a postsecondary institution. (Education Code 49061)

At the beginning of each school year, parents/guardians shall be notified of the availability of the above procedures for challenging student records. (Education Code 49063)

(cf. 1312 - Complaints Concerning the Schools)
(cf. 5145.6 - Parental Notifications)


Legal Reference:
EDUCATION CODE
49061 Definitions
49063 Notification of parents of their rights
49066 Grades; change of grade; physical education grade
49070 Challenging content of records
49071 Hearing panel
UNITED STATES CODE, TITLE 20
1232g Family Educational and Privacy Rights Act of 1974

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5126

AWARDS FOR ACHIEVEMENT


The Board of Trustees encourages excellence as a goal for all students and wishes to publicly recognize students for unique or exemplary achievements in academic, extracurricular or community service activities. The purpose of such awards shall be consistent with school goals.

Student awards may include verbal recognition, a letter, a certificate, a Board resolution, a public ceremony, trophy, gift, plaque or cash gift.

The Superintendent or designee shall develop procedures for the appropriate selection of student award recipients.

(cf. 1260 - Educational Foundation)
(cf. 3290 - Gifts, Grants and Bequests)

Merit Diplomas

At graduation from high school, special recognition shall be awarded to those students whose academic achievements have been outstanding.

The Superintendent or designee shall identify high school students who have demonstrated mastery of the high school curriculum qualifying them for the Golden State Seal Merit Diploma. (Education Code 51454)

(cf. 5127 - Graduation Ceremonies and Activities)

Legal Reference:
EDUCATION CODE
35160 Authority of governing boards
35310-35319 Scholarship and loan funds
44015 Awards to employees and students
51450-51455 Golden State Seal Merit Diploma

Management Resources:
CDE PROGRAM ADVISORIES
0620.09 Use of Categorical Funds for Motivation Incentives

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5126(a)

AWARDS FOR ACHIEVEMENT


The Superintendent or designee may appoint an awards committee at each school to consider student accomplishments. This committee may consist of school administrators, teachers, parents and/or community members.

The committee shall submit recommendations for student awards to the Superintendent or designee for approval.

Individual awards in excess of $200 must be expressly approved by the Board. (Education Code 44015)

Merit Diplomas

To be eligible to receive the Golden State Seal Merit Diploma upon graduation, students shall complete all requirements for a high school diploma and shall demonstrate a mastery of at least six subject areas, four of which shall be mathematics, English language arts, science and United States history, with the remaining two subject areas selected by the student. (Education Code 51451)

(cf. 6143 - Courses of Study)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)

To demonstrate mastery of these subject areas, students shall achieve the standards or achievement levels established by the State Board of Education for Golden State Examinations and other designated subject matter examinations. (Education Code 51452)

(cf. 6162.5 - Student Assessment)

The Superintendent or designee shall affix an insignia to the diploma and transcript of each student awarded the honors diploma. (Education Code 51454)

Scholarship Fund

The district's scholarship fund shall be administered by a committee composed of Board members, the Superintendent and other community, faculty, administrative and/or student representatives determined by the Board. (Education Code 35310)

Members of this committee shall be appointed by the Superintendent or designee and shall serve one-year terms.

AR 5126(b)


AWARDS FOR ACHIEVEMENT (continued)


The Superintendent shall serve as chairperson of the committee and chief executive officer of the fund. (Education Code 35311)

The committee shall meet at least once each fiscal year and at other such times as it may be called into session by the Superintendent. (Education Code 35312)

Scholarship funds shall be deposited, administered and audited in accordance with Education Code 35314 and 35318.

The committee may accept gifts, donations and bequests made for the purposes of the fund. The committee also may prescribe conditions or restrictions on these gifts and bequests. The committee shall review any conditions imposed by the donor and make a recommendation to the Board as to the compatibility of such conditions with the intent and purpose of the fund. The Board may prohibit the committee from accepting any donation under conditions it finds incompatible with the fund's intent and purpose. (Education Code 35313)

(cf. 1260 - Educational Foundation)
(cf. 3290 - Gifts, Grants and Bequests)

The committee shall clearly identify all money in the fund and its separate trusts, if any, and all donors and recipients. (Education Code 35314)

The Superintendent or designee shall establish regulations governing applications for loans from the fund. Eligibility shall not be limited on account of race, creed, or country of origin. Education Code 35316)

(cf. 1321 - Solicitation of Funds from and by Students)

The Superintendent or designee shall make periodic reports to the Board, at least annually, regarding the status and activity of the fund. (Education Code 35319)

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5127(a)

GRADUATION CEREMONIES AND ACTIVITIES


High school graduation ceremonies shall be held to recognize those students who have successfully completed the required course of study, passed all proficiency standards, and thereby earned the right to receive a diploma, and to participate in all graduation activities and ceremonies.

(cf. 3260 - Fees and Charges)
(cf. 6143 - Courses of Study)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)
(cf. 6146.4 - Differential Graduation and Competency Standards for Individuals with
Exceptional Needs)

High school students who have passed the California High School Proficiency Examination or the General Education Development Test must also meet district graduation requirements in order to participate in graduation ceremonies.

(cf. 6146.2 - Certificate of Proficiency/High School Equivalency)

Invocations and/or benedictions shall not be included in graduation ceremonies. Ceremonies or programs involving prayer for graduates shall not be sponsored by the school or district.

(cf. 1330 - Use of School Facilities)
(cf. 5145.2 - Freedom of Speech/Expression: Publications Code)

Disciplinary Considerations

In order to encourage high standards of student conduct and behavior, the principal may deny the privilege of participating in graduation ceremonies and/or activities in accordance with school rules. School rules shall ensure that the student and parent/guardian receive written notice of the privilege(s) to be denied, the grounds for such denial and the means whereby a student may appeal this decision.

(cf. 5125.2 - Withholding Grades, Diploma or Transcripts)
(cf. 5144 - Discipline)
(cf. 5145.6 - Parental Notifications)
(cf. 6161.2 - Damaged or Lost Instructional Materials)


BP 5127(b)


GRADUATION CEREMONIES AND ACTIVITIES (continued)


Honors and Awards

To honor superior academic achievement, graduation ceremonies shall include recognition of a valedictorian and salutatorian. The Superintendent or designee shall establish procedures that ensure a fair determination of the students who have achieved the highest grade point average in the graduating class. If a tie exists, the principal may honor more than one valedictorian and/or salutatorian.

(cf. 5121 - Grades/Evaluation of Student Achievement)

The Superintendent or designee shall identify other school-sponsored awards which may be given during graduation exercises. A separate awards program may be held to recognize graduating students receiving other school and nonschool awards.

(cf. 5126 - Awards for Achievement)

Foreign exchange students may receive honorary diplomas during the graduation ceremony. (Education Code 51225.5)

(cf. 6145.6 - International Exchange)

Elementary/Middle School Promotion Exercises

The Board desires that each elementary and middle school provide age-appropriate promotion exercises to recognize students who have completed the school's course of study.

Legal Reference: (see next page)


BP 5127(c)


GRADUATION CEREMONIES AND ACTIVITIES (continued)

Legal Reference:
EDUCATION CODE
38119 Lease of personal property; caps and gowns
48904 Liability of parent or guardian; withholding of grades, diplomas, transcripts
51225.5 Honorary diplomas; foreign exchange students
51400-51403 Elementary school diploma
51410 Diplomas: no indication of intellectual classification
51411 Residence as condition for graduation; prohibition
51412 Standards of proficiency
COURT DECISIONS
Harris v. Joint School District #241 (1994, 9th Cir.) No. 93-35839
Jones v. Clear Creek Independent School District (1992, 5th Cir.) 977 F.2d 963
Lee v. Weisman, (1992) 112 S.Ct. 2649
Sands v. Morongo Unified School District (1991) 53 Cal. 3d 863
Mifflin County School District v. Stewart (PA. Cmwlth. 1986) 503 A.2d 1012, 30 Educ. L.R. 403
Fowler v. Board of Education of the Hickory Administrative School Unit (1978) 448 F. Supp. 497
Lemon v. Kurtzman (1971) 403 U.S. 602


Management Resources:
CDE PROGRAM ADVISORIES
0615.89 Granting credit for passing GED, SPB:88/89-11


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5131(a)

CONDUCT


The Board of Trustees believes that all students have the right to be educated in a positive learning environment free from disruptions. On school grounds and at school activities, students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with the school program.

Behavior is considered appropriate when students are diligent in study, neat and clean, careful with school property, and courteous and respectful towards their teachers, other staff, other students and volunteers.

(cf. 1240 - Volunteer Assistance)
(cf. 5131.1 - Bus Conduct)
(cf. 5137 - Positive School Climate)
(cf. 6154 - Homework/Makeup Work)

Prohibited student conduct includes but is not limited to:

1. Behavior that endangers other students and/or staff

(cf. 0450 - Comprehensive Safety Plan)
(cf. 5136 - Gangs)
(cf. 5131.7 - Weapons and Dangerous Instruments)
(cf. 5142 - Safety)

2. Behavior that disrupts the orderly classroom or school environment

(cf. 5131.4 - Campus Disturbances)

3. Harassment of other students or staff

(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.7 - Sexual Harassment)

4. Damage to or theft of property belonging to the district, staff or other students

(cf. 5131.5 - Vandalism, Theft and Graffiti)

5. Possession, use or sale of alcohol, tobacco or other drugs

(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5131.61 - Drug Testing)
(cf. 5131.62 - Tobacco)

BP 5131(b)


CONDUCT (continued)


6. Except with prior consent for health reasons, possession or use of electronic signaling devices (Education Code 48901.5)

Electronic signaling devices may include, but not be limited to: pagers, beepers and cellular/digital telephones

7. Possession or use of laser pointers

8. Profane, vulgar or abusive language

(cf. 5145.2 - Freedom of Speech/Expression: Publications Code)

9. Plagiarism or dishonesty in school work or on tests

(cf. 5131.9 - Academic Honesty)
(cf. 6162.6 - Use of Copyrighted Materials)
(cf. 6163.4 - Student Use of Technology)

10. Inappropriate dress

(cf. 5132 - Dress and Grooming)

11. Tardiness and unexcused absence from school

(cf. 5113 - Absences and Excuses)

12. Failure to remain on school premises in accordance with school rules

(cf. 5112.5 - Open/Closed Campus)

The Superintendent or designee shall ensure that each school site develops standards of conduct and discipline consistent with district rules and regulations. Students shall receive regular instruction regarding district and school rules and regulations related to conduct. Students who violate these rules and regulations may be subject to discipline including but not limited to suspension, expulsion or transfer to alternative programs.

BP 5131(c)


CONDUCT (continued)


(cf. 5020 - Parent Rights and Responsibilities)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
(cf. 5145.6 - Parental Notifications)
(cf. 6020 - Parent Involvement)
(cf. 6164.2 - Guidance/Counseling Services)
(cf. 6182 - Opportunity School/Class/Program)
(cf. 6184 - Continuation Education)
(cf. 6185 - Community Day School)

Legal Reference:
EDUCATION CODE
35181 Governing board policy on responsibilities of students
35291-35291.5 Rules
44807 Duty concerning conduct of students
48900-48925 Suspension or expulsion
48908 Duties of pupils
48980-48981 Notification of parent or guardian
CIVIL CODE
1714.1 Liability of parents and guardians for willful misconduct of minor
PENAL CODE
417.25 Laser scope
CODE OF REGULATIONS, TITLE 5
300-307 Duties of pupils
UNITED STATES CODE, TITLE 42
2000h - 2000h-6 Title IX, 1972 Education Act Amendments


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students BP 5131.1(a)

BUS CONDUCT


Bus transportation is a privilege extended only to students who display good conduct while preparing to ride, riding or leaving the bus. Continued disorderly conduct or persistent refusal to submit to the authority of the driver shall be sufficient reason for a student to be denied transportation.

The Superintendent or designee shall establish regulations related to bus conduct, bus driver authority, and the suspension of riding privileges. The Board of Trustees shall make these rules available to parents/guardians and students. (5 CCR 14103)

(cf. 3540 - Transportation)
(cf. 3541.2 - Transportation for Students with Disabilities)
(cf. 3543 - Transportation Safety and Emergencies)

Video cameras may be used on school buses to monitor student behavior while traveling to and from school and school activities. The Board believes that such monitoring will deter misconduct and help to ensure the safety of students and staff. Students found to be in violation of the district's bus conduct rules shall be subject to discipline in accordance with district policy and regulations.

(cf. 3515.4 - Recovery for Property Loss or Damage)
(cf. 5144 - Discipline)

At the discretion of the Superintendent or designee, school bus video recordings also may be used to resolve complaints by students and/or parents/guardians and to help employees maintain discipline.

Legal Reference: (see next page)

BP 5131.1(b)


BUS CONDUCT (continued)

Legal Reference:
EDUCATION CODE
35160 Authority of governing boards
38020 Transportation
44808 Duty to supervise conduct of students
48918 Expulsion procedures
49061 Definition of student records
49073-49079 Privacy of student records
GOVERNMENT CODE
6253-6253.4 Public records open to inspection
6254 Records exempt from disclosure
CODE OF REGULATIONS, TITLE 5
14103 Authority of the driver
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5131.1(a)

BUS CONDUCT


Because school bus passengers' behavior can directly affect their safety and the safety of others, the following regulations apply at all times when students are riding a school bus, including school activity trips.

1. Riders shall follow the instructions and directions of the bus driver at all times.

(cf. 3542 - School Bus Drivers)

2. Riders should arrive at the bus stop on time and stand in a safe place to wait quietly for the bus.

3. Riders shall enter the bus in an orderly manner and go directly to their seats.

4. Riders shall remain seated while the bus is in motion and shall not obstruct the aisle with their legs, feet, or other objects. When reaching their destination, riders shall remain seated until the bus stops and only then enter the aisle and go directly to the exit.

5. Riders should be courteous to the driver and to fellow passengers.

6. Because serious safety hazards can result from noise or behavior that distracts the driver, loud talking, laughing, yelling, singing, whistling, scuffling, throwing objects, smoking, eating, drinking, standing and changing seats are prohibited actions which may lead to suspension of riding privileges.

7. No part of the body, hands, arms or head should be put out of the window. Nothing should be thrown from the bus.

8. Riders shall help keep the bus and the area around the bus stop clean. Riders shall not damage or deface the bus or tamper with bus equipment.

9. No animals shall be allowed on the bus without express permission from the principal or designee.

10. Riders should be alert for traffic when leaving the bus.

Riders who fail to comply with the above rules shall be reported to the school principal, who shall determine the severity of the misconduct and take action accordingly. In all instances of misconduct, the rider and

AR 5131.1(b)


BUS CONDUCT (continued)


his/her parent/guardian shall be given notice and warning. In the case of a severe violation or repeated offenses, the rider may be denied transportation for a period of time determined by the principal, up to the remainder of the school year.

Bus drivers shall not deny transportation except as directed by the principal.

Video Camera Surveillance

The Superintendent or designee shall supervise the use and maintenance of video cameras.

Students and staff shall not tamper or interfere with video camera equipment on school buses.

Camera supports shall be installed in all buses, and cameras shall be rotated among the buses and activated at the discretion of the Superintendent or designee.

The Superintendent or designee shall notify students, parents/guardians and staff that video surveillance may occur on any school bus and that video recordings may be used in student disciplinary proceedings. This notification shall include a copy of the district's policy and regulation on bus conduct. In addition, a prominent notice shall be placed in each bus, stating that the bus is equipped with a video monitoring system.

The Superintendent or designee shall routinely review videotapes taken on school buses and shall document any evidence of student misconduct. Two weeks after this review, the Superintendent or designee may erase any tapes that do not show incidents of misconduct.

Tapes retained as part of an individual student's disciplinary record shall be maintained in accordance with law and Board policy governing the access, review and release of student records. Tapes retained as part of an expulsion record are nonprivileged, disclosable public records pursuant to Education Code 48918.

(cf. 5125 - Student Records)


AR 5131.1(c)


BUS CONDUCT (continued)


Videotapes may be viewed by persons other than the Superintendent or designee under the following conditions:

1. When student misconduct is revealed as a result of a school bus videotape or reported to the Superintendent or designee by a student, staff member or parent/guardian, students involved in the incident and their parents/guardians may ask the Superintendent or designee for an opportunity to view the videotape.

a. Requests for viewing must be made within five school days of receiving notification that misconduct occurred.

b. A viewing shall be provided or denied within five days of the request.

c. Viewing will be limited to those frames containing the incident of misconduct.

2. Bus drivers and school administrators may ask to view a videotape in order to observe a specific problem and work toward its solution.

3. Viewing shall occur only at a school-related site and in the presence of the Superintendent or designee.

4. All persons who view a tape shall be identified in a written log.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5131.4(a)

CAMPUS DISTURBANCES


The Board of Trustees recognizes that all school staff must be prepared to cope with campus disturbances and to minimize the risks they entail. Staff should be especially sensitive to conditions that foster racial conflict, student protests, or gang intimidation and confrontations.

The Superintendent or designee shall establish at each school a disturbance response plan for curbing disruptions which create disorder and may lead to riots, violence or vandalism at school or school-sponsored events.

The Superintendent or designee shall consult with School Police to plan for police support during school disruptions. Each school's disturbance response plan shall address the role of law enforcement. When a disturbance directly threatens students or staff, the Superintendent or designee has the authority to call in law enforcement personnel for assistance and may dismiss school.

Students who participate in disturbances may be subject to disciplinary action.

(cf. 3515 - Campus Security)
(cf. 5136 - Gangs)
(cf. 5144 - Discipline)

Legal Reference: (see next page)

BP 5131.4(b)


CAMPUS DISTURBANCES (continued)

Legal Reference:
EDUCATION CODE
32210 Willful disturbance of public school or meeting
32211 Threatened disruption or interference with classes
35294-35294.5 School safety plans
38000-38005 Security patrols
44810 Willful interference with classroom conduct
44811 Disruption of classwork or extracurricular activities
48907 Student exercise of free expression
PENAL CODE
403-420 Crimes against the public peace, especially:
415 Fighting; noise; offensive words
415.5 Disturbance of peace of school
416 Assembly to disturb peace; refusal to disperse
626-626.10 Crimes on school grounds
627-627.7 Access to school premises


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5131.4(a)

CAMPUS DISTURBANCES


All school staff shall respond to campus disturbances in accordance with the school's response plan. Response plans shall describe:

1. The means which will be used to signal an emergency situation and maintain communication among staff and with the Superintendent or designee.

2. Each staff member's specific duties during a disturbance.

3. Procedures for ensuring the safety of students and staff.

4. Conditions, as prearranged with law enforcement authorities, under which the principal or designee shall:

a. Inform the school police

b. Secure school police assistance

c. Give the school police responsibility for a specific crisis situation

5. Procedures for the orderly dismissal of school when authorized by the principal or designee.

All media inquiries during crisis situations shall be routed to the Superintendent or designee.

(cf. 1112 - Media Relations)

Extension of Class Period

During any disturbance in which additional students might become involved while changing classes, the principal or designee may notify all staff that the present class period will be extended until further notice. Upon receiving this notification:

1. Teachers shall ensure that all students in their charge remain in one location under their supervision.

2. Teachers shall ask any students who are in the halls to return to their classes at once.

AR 5131.4(b)

CAMPUS DISTURBANCES (continued)

Prohibited Activities

1. Disturbing the Peace

It is a misdemeanor to intentionally cause or attempt to cause a riot by engaging in conduct which urges a riot or urges others to act forcefully or violently, or to burn or destroy property under circumstances which produce a clear, present, and immediate danger of such acts occurring. (Penal Code 404.6)

Anyone who, in a public place, fights, challenges another to fight, or uses offensive words likely to provoke a fight is guilty of a misdemeanor. (Penal Code 415)

2. Disruption of School Operations

Students shall be subject to disciplinary action for any exercise of free expression which so incites students as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school, such as may occur when students:

a. Organize or participate in unauthorized assemblies on school premises.

b. Participate in sit-ins or stand-ins which deny students or employees normal access to school premises.

3. Refusal to Disperse

Persons who assemble for the purpose of disturbing the public peace or committing any unlawful act are severally guilty of a misdemeanor if they do not disperse when desired or commanded to do so by a public officer. (Penal Code 416)

Persons who remain present at the place of any riot, rout or unlawful assembly after being lawfully warned to disperse are guilty of a misdemeanor. (Penal Code 409)

4. Boycotts

Students participating in any protest that involves nonattendance at school or at a school activity where attendance is required shall be identified as truant, regardless of any parental approval of their act.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5131.5

VANDALISM, THEFT AND GRAFFITI


The Board of Trustees considers vandalism a very serious matter. Vandalism includes the negligent, willful, or unlawful damaging or theft of any district-owned real or personal property, including the writing of graffiti.

(cf. 3515.4 - Recovery for Property Loss or Damage)

Any district student who commits an act of vandalism shall be subject to disciplinary action by the district and also may be prosecuted through other legal means. If reparation of damages is not made, the district also may withhold the student's grades, diploma and/or transcripts in accordance with law.

(cf. 5125.2 - Withholding Grades, Diploma or Transcripts)
(cf. 5144.1 - Suspension and Expulsion/Due Process)

Legal Reference:
EDUCATION CODE
48900 Grounds for suspension or expulsion
48904 Willful misconduct, limit of liability of parent or guardian
48904.3 Withholding grades, diplomas, or transcripts of pupils causing property damage or injury; transfer of pupils to new school districts; notice to rescind decision to withhold
CIVIL CODE
1714.1 Liability of parent or guardian for act of willful misconduct by a minor
GOVERNMENT CODE
53069.5 Reward for information concerning person causing death, injury, or property damage; liability for reward
PENAL CODE
594 Vandalism
640.5 Graffiti; facilities or vehicles of governmental entity
640.6 Graffiti
CODE OF REGULATIONS, TITLE 5
305 Pupil responsible for care of property

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5131.6(a)

ALCOHOL AND OTHER DRUGS


The Board of Trustees believes that the use of alcohol or other drugs adversely affects a student's ability to achieve academic success, is physically and emotionally harmful, and has serious social and legal consequences. The Board desires to keep district schools free of alcohol and other drugs and desires that every effort be made to reduce student use of these substances. The Board perceives this effort as an important step towards preventing violence, promoting school safety and creating a disciplined environment conducive to learning.

The Superintendent or designee shall develop a comprehensive prevention and intervention program that includes instruction, referral to a rehabilitation program, enforcement/discipline, activities that promote the involvement of parents/guardians and coordination with appropriate community agencies and organizations.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 1020 - Youth Services)
(cf. 4020 - Drug and Alcohol-Free Workplace)
(cf. 6020 - Parent Involvement)

The Superintendent or designee shall clearly communicate to all students, staff and parents/guardians the district's policies, regulations and school rules related to the use of alcohol and other drugs on school campuses or at school activities. Information about program needs and goals shall be widely distributed in the community.

(cf. 1100 - Communication with the Public)
(cf. 5131.61 - Drug Testing)
(cf. 5131.62 - Tobacco)
(cf. 5144.1 - Suspension and Expulsion/Due Process)

The Board expects staff to conduct themselves in accordance with the district's philosophy related to alcohol and other drugs. Staff should help students see themselves as responsible partners in efforts to maintain a safe, constructive school climate.

(cf. 5137 - Positive School Climate)

The Board also encourages the establishment of site-level advisory groups to assist in promoting alcohol- and drug-free schools.

(cf. 1220 - Citizen Advisory Committees)

BP 5131.6(b)


ALCOHOL AND OTHER DRUGS (continued)


Instruction

The district shall provide preventative instruction which helps students avoid the use of alcohol and other drugs. Comprehensive, age-appropriate K-12 instruction shall address the legal, social, personal and health consequences of drug and alcohol use, promote a sense of individual responsibility, and inform students about effective techniques for resisting peer pressure to use alcohol and other drugs.

All instruction and related materials shall consistently state that unlawful use of alcohol or other drugs is wrong and harmful. Instruction shall not include the concept of responsible use when such use is illegal.

Teachers shall be trained to answer students' questions related to alcohol and drugs and to help students obtain and use current and accurate information, develop and maintain a positive self-concept, take positive actions to cope with stress, and use appropriate social and personal skills to resist involvement with alcohol and other drugs.

(cf. 4131 - Staff Development)
(cf. 6142.2 - AIDS Prevention Instruction)
(cf. 6142.8 - Comprehensive Health Education)
(cf. 6143 - Courses of Study)

Intervention, Referral and Recovering Student Support

The Board believes that effective interventions should be available to assist students who use alcohol or other drugs. School staff, students and parents/guardians shall be informed about signs and symptoms which may indicate alcohol and other drug use and about appropriate agencies offering intervention programs, counseling and rehabilitation for students and their family members. The district shall help recovering students to avoid reinvolvement with alcohol and other drugs by providing school and/or community service activities designed to increase students' sense of community.

(cf. 6142.4 - Learning Through Community Service)

The Board strongly encourages any student who is using alcohol or drugs to discuss the matter with his/her parent/guardian or with any staff member. Students who disclose their use of alcohol or other drugs when seeking help from an intervention or recovery program shall not be disciplined for such use.

BP 5131.6(c)


ALCOHOL AND OTHER DRUGS (continued)


Enforcement/Discipline

The Superintendent or designee shall take appropriate action to eliminate possession, use or sale of alcohol and other drugs and related paraphernalia on school grounds, at school events, or in any situation in which the school is responsible for the conduct and well-being of students. School authorities may search students and school properties for the possession of alcohol and other drugs in accordance with law, Board policy and administrative regulations.

(cf. 5145.11 - Questioning and Apprehension)
(cf. 5145.12 - Search and Seizure)

Students possessing, using or selling alcohol or other drugs or related paraphernalia at school or at a school event shall be subject to disciplinary procedures including suspension or expulsion in accordance with law, Board policy and administrative regulations. Such students also may be referred to an appropriate rehabilitation program.

(cf. 5144.1 - Suspension and Expulsion/Due Process)

Legal Reference:
EDUCATION CODE
44049 Known or suspected alcohol or drug abuse by student
48900 Suspension or expulsion (grounds)
48900.5 Suspension, limitation on imposition; exception
48901 Smoking or use of tobacco prohibited
48901.5 Prohibition of electronic signaling devices
48902 Notification of law enforcement authorities; civil or criminal immunity
48909 Narcotics or other hallucinogenic drugs
48915 Expulsion; particular circumstances
49423 Administration of prescribed medication
49480 Notice to school by parent or guardian; consultation with physician
49602 Confidentiality of pupil information
51202 Instruction in personal and public health and safety
51203 Instruction on alcohol, narcotics and restricted dangerous drugs
51210 Areas of study
51220 Areas of study, grades 7 to 12
51260 Elementary and secondary school instruction in drug education by appropriately trained instructors
51262 Use of anabolic steroids; legislative finding and declaration
51264 CDE assistance for inservice training
51265 Gang violence and drug and alcohol abuse prevention inservice
51268 Collaboration to avoid duplication of effort

BP 5131.6(d)

Legal Reference: (cont.)

ALCOHOL AND OTHER DRUGS (continued)

BUSINESS AND PROFESSIONS CODE
25608 Alcohol on school property; use in connection with instruction
HEALTH AND SAFETY CODE
11032 Narcotics, restricted dangerous drugs and marijuana; construction of terms used in other divisions
11053-11058 Standards and schedules
11353.6 Juvenile Drug Trafficking and Schoolyard Act
11357 Unauthorized possession of marijuana; punishment; prior conviction; possession in school or on school grounds
11361.5 Destruction of arrest or conviction records
11372.7 Drug program fund; uses
11802 Joint school-community alcohol abuse primary education and prevention program
11965-11969 The School-Community Primary Prevention Program
11998-11998.3 Drug and Alcohol Abuse Master Plans
11999-11999.3 Alcohol and drug program funding; no unlawful use
124175-124200 Adolescent family life program (Department of Health Services)
PENAL CODE
13864 Comprehensive alcohol and drug prevention education
VEHICLE CODE
13202.5 Drug and alcohol related offenses by person under age of 21, but aged 13 or over; suspension, delay, or restriction of driving privileges
WELFARE AND INSTITUTIONS CODE
828 Disclosure of information re minors
828.1 Disclosure of criminal records; protection of vulnerable staff & students
UNITED STATES CODE, TITLE 20
5812 National education goals
7101-7143 Safe and Drug-Free Schools and Communities Act of 1994


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5131.6(a)

ALCOHOL AND OTHER DRUGS


Instruction

Students shall receive instruction by appropriately trained instructors about the nature and effects of alcohol and other drugs, including dangerous drugs defined by Health and Safety Code 11032. (Education Code 51260)

Site administrators shall determine that drug education instructors possess: (Education Code 51260)

1. The ability to interact with students in a positive way

2. Knowledge of the properties and effects of tobacco, alcohol, narcotics, dangerous drugs, and shared drug apparatus

3. Effective teaching skills and competency in helping students to express opinions responsibly and to become aware of their values as they affect drug-use decisions

At all grade levels, instruction shall include a study of the effects of alcohol and other drugs upon the human system, as determined by science. Instruction shall be sequential in nature and suited to meet the needs of students at their respective grade level. (Education Code 51203, 51260)

In grades 1 through 6, instruction in drug education should be given in health courses required by Education Code 51210. (Education Code 51260)

In grades 7 through 12, instruction in drug education shall be conducted in health courses and in any other appropriate area of study required by Education Code 51220. (Education Code 51260)

Secondary school instruction shall include a study of the effects of alcohol and other drugs upon prenatal development. (Education Code 51203)

(cf. 6143 - Courses of Study)

The district drug education program shall augment county drug education services, if any. District staff shall take every opportunity to cooperate with county office of education staff in planning and implementing collaborative alcohol and drug prevention programs. (Education Code 51260, 51268)

AR 5131.6(b)


ALCOHOL AND OTHER DRUGS (continued)


Intervention

The staff shall intervene whenever students use alcohol or other illegal drugs while on school property or under school jurisdiction. Staff members who believe that a student may be under the influence of alcohol or drugs shall immediately notify the principal or designee.

If the principal or designee knows, observes or suspects that a student may be under the influence of alcohol or drugs, he/she may notify the parent/guardian. (Education Code 44049)

However, school staff shall not disclose confidential information provided during counseling by a student 12 years of age or older. School counselors may report such information to the principal or parent/guardian only when they believe that disclosure is necessary to avert a clear and present danger to the health, safety or welfare of the student or other persons living in the school community. They shall not disclose such information to the parent/guardian if they believe that the disclosure would result in a clear and present danger to the student's health, safety or welfare. (Education Code 44049, 49602)

(cf. 5145.1 - Privacy)

In cases of medical emergency, the principal is authorized to call an ambulance to remove the student to a hospital. Parents/guardians will be notified of this action and shall be responsible for the incurred expenses.

(cf. 5141 - Health Care and Emergencies)

Confiscation of Electronic Signaling Devices

Because electronic signaling devices (beepers, cellular telephones, etc.) are sometimes used to facilitate illegal drug transactions, the possession or use of such devices by students is prohibited on school premises, at all school-sponsored activities, and at any time while students are under the supervision and control of district employees. An exception shall be made only when the principal or designee has determined that the device is essential for the student's health and then shall be used only for health purposes. (Education Code 48901.5)

AR 5131.6(c)


ALCOHOL AND OTHER DRUGS (continued)


The Superintendent or designee shall confiscate these devices from students.

(cf. 5144 - Discipline)

Enforcement/Discipline

Staff shall notify the principal or designee immediately upon suspecting a student is selling, providing or using alcohol or other drugs.

When any student uses, possesses or sells alcohol or illegal drugs at school or while under school jurisdiction, the following shall result:

1. Parent/guardian contact

2. Suspension or expulsion in accordance with law or Board policy

(cf. 5144.1 - Suspension and Expulsion/Due Process)

3. Contact with law enforcement authority within one school day of the suspension (Education Code 48902)

In addition, the following actions may be taken:

1. Referral to an appropriate counseling program

2. Transfer/alternative placement

3. Restriction from all extracurricular activities, including athletics, for the length of the semester

(cf. 6145 - Extracurricular and Cocurricular Activities)

Reports

Upon request, the Superintendent or designee shall submit alcohol and drug prevention program information to the California Department of Education, including information on the prevalence of drug use and violence by youth in the schools and community. Such information shall also be made readily available to the public. (20 USC 7117)

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5131.62

TOBACCO


The Board of Trustees recognizes that tobacco use presents health hazards and desires to discourage students' use of tobacco products.

(cf. 3513.3 - Tobacco-Free Schools)

Students shall not smoke, chew or possess tobacco or nicotine products on school property or during school hours, at school-sponsored events, or while under the supervision of district employees. Students who violate this prohibition shall be subject to disciplinary procedures which may result in suspension from school.

(cf. 5144.1 - Suspension and Expulsion/Due Process)

All students shall receive instruction on the effects of smoking on the human body.

(cf. 6142.8 - Comprehensive Health Education)
(cf. 6143 - Courses of Study)

Legal Reference:
EDUCATION CODE
48900 Suspension or expulsion (grounds)
48900.5 Suspension, limitation on imposition; exception
48901 Smoking or use of tobacco prohibited
51202 Instruction in personal and public health and safety
HEALTH AND SAFETY CODE
104420 Implementation of tobacco use prevention program

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5131.62

TOBACCO

Discipline

Students who possess or use tobacco on school premises or at school-sponsored events shall be subject to the following disciplinary procedures:

1. First Offense:

One day suspension and required parent conference, and/or referral to alternative tobacco use intervention program

2. Second Offense:

Three day suspension and required parent conference

3. Third and Subsequent Offenses:

Five day suspension and a parent will be required to attend school with their child for a period of time to be determined by the site administrator conference

A behavioral contract is a written agreement between a student, parent/guardian and administrator, setting forth conditions that the student must meet during the probation period. Students under disciplinary probation shall either fulfill these conditions or be denied specified privileges until their behavior improves. Failure to comply with the agreement also may result in further disciplinary action.

Tobacco Use Prevention Instruction

All students in grades four through eight shall receive instruction that addresses the following topics: (Health and Safety Code 104420)

1. Immediate and long-term undesirable physiological, cosmetic and social consequences of tobacco use

2. Reasons that adolescents say they smoke or use tobacco

3. Peer norms and social influences that promote tobacco use

4. Refusal skills for resisting social influences that promote tobacco use


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5131.63

ANABOLIC STEROIDS


The Board of Trustees recognizes that the use of anabolic steroids presents a serious health and safety hazard. As part of the district's drug prevention and intervention efforts, the Superintendent or designee and staff shall make every effort to ensure that students do not begin or continue the use of anabolic steroids.

(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5131.61 - Drug Testing)

Students participating in athletics are prohibited from using anabolic steroids or any other performance-enhancing drugs. Coaches shall inform students about this prohibition and the dangers of using such drugs.

(cf. 6145.2 - Athletic Competition)

The Superintendent or designee shall ensure that students in grades 6-12 receive lessons on the effects of anabolic steroids as part of their science, health, physical education or drug education program.

The Superintendent or designee shall provide teachers and coaching staff with training in the symptoms and dangers of the use of performance-enhancing substances and strategies for helping students terminate the use of such substances.

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)


Legal Reference:
EDUCATION CODE
51262 Use of anabolic steroids; legislative finding and declaration
CIVIL CODE
1812.97 Warning statement; posting in athletic facilities


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5131.63

ANABOLIC STEROIDS


The following warning, reproduced in 10-point bold type, shall be posted in every locker room of schools with classes in grades 6-12 and contained in any contracts for the lease or rental of the school's athletic facilities: (Civil Code 1812.97) Warning signs for posting will be made and distributed to schools by the curriculum specialist in charge of physical education.

Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5131.7(a)

WEAPONS AND DANGEROUS INSTRUMENTS


The Board of Trustees desires students and staff to be free from the fear and danger presented by firearms and other weapons. The Board therefore prohibits students from possessing weapons, imitation firearms, or dangerous instruments of any kind in school buildings, on school grounds or buses, or at a school-related or school-sponsored activity away from school.

Under the power granted to the Board to maintain order and discipline in the schools and to protect the safety of students, staff and the public, any school employee is authorized confiscate a weapon, dangerous instrument or imitation firearm from any person on school grounds.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 4158/4258/4358 - Employee Security)

Students possessing or threatening others with a weapon, dangerous instrument or imitation firearm shall be expelled for one calendar year from the date the expulsion occurred in accordance with law, Board policy and administrative regulations relating to discipline. Upon ordering the expulsion, the Board may set an earlier date for readmission on a case-by-case basis..

(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Individuals with Disabilities))

The principal or designee shall notify law enforcement authorities when any student possesses a weapon or commits any act of assault with a firearm or other weapon. (20 USC 8922; Education Code 48902; Penal Code 245, 626.9, 626.10)

Possession of Pepper Spray

The Board recognizes that students age 16 or older may legally possess tear gas or tear gas weapons such as pepper spray for the purpose of self-defense. However, to prevent potential misuse that may harm students or staff, students are prohibited from carrying such items on campus or at school activities.

Legal Reference: (see next page)


BP 5131.7(b)


WEAPONS AND DANGEROUS INSTRUMENTS (continued)

Legal Reference:
EDUCATION CODE
35291 Governing board to prescribe rules for the government and discipline of the schools
48900 Grounds for suspension/expulsion
48902 Notification of law enforcement authorities
48915 Required recommendation for expulsions
48916 Readmission
49330 Injurious object
49331 Removal from possession of pupil by designated employee
49332 Notification of parent or guardian; retention of object by school personnel; release
49333 Return of object
49334 Injurious objects: notification to law enforcement
PENAL CODE
245 Assault with deadly weapon
417.2 Imitation firearms
417.4 Imitation firearm; drawing or exhibiting
626.9 Gun-Free School Zone Act of 1995
626.10 Dirks, daggers, knives, razor or stun gun; bringing or possessing in school or on school grounds; exception
12020-12028.5 Unlawful carrying and possession of concealed weapons
12403.7 Weapons approved for self defense
12403.8 Minors 16 or over; tear gas and tear gas weapons
UNITED STATES CODE, TITLE 20
6301-8962 Improving America's Schools Act, especially:
8921-8922 Gun-Free Schools Act of 1994

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5131.7(a)

WEAPONS AND DANGEROUS INSTRUMENTS


Weapons and dangerous instruments include, but are not limited to:

1. Firearms: pistols, revolvers, shotguns, rifles, "zip guns," "stun guns," tasers, and any other device capable of propelling a projectile by the force of an explosion or other form of combustion

2. Knives: any dirks, daggers or other weapons with a fixed, sharpened blade fitted primarily for stabbing, weapons with a blade fitted primarily for stabbing, weapons with a blade longer than 3- 1/2 inches, folding knives with a blade that locks into place, and razors with an unguarded blade (Education Code 48915)

3. Explosive and/or incendiary devices: pipe bombs, time bombs, cap guns, containers of inflammable fluids, and other hazardous devices

4. Any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, carbon dioxide pressure or spring action, or any spot marker gun (Penal Code 626.10)

5. Any other dangerous device, instrument or weapon, especially those defined in Penal Code 12020, including a blackjack, slingshot, billy, nunchaku, sandclub, sandbag, metal knuckles, or any metal plate with three or more radiating points with one or more sharp edges designed for use as a weapon

6. Any imitation firearm, defined as 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 (Education Code 48900)

If an employee knows that a student possesses any of the above devices, he/she shall do one of the following:

1. Confiscate the weapon and deliver it to the principal immediately

2. Immediately notify the principal, who shall take appropriate action

3. Immediately notify the local law enforcement agency and the principal

4. Immediately report the incident to the District Administrative Hearing Panel (DAHP)

AR 5131.7(b)


WEAPONS AND DANGEROUS INSTRUMENTS (continued)

When informing the principal about the possession or seizure of a weapon or dangerous device, the employee shall report the name(s) of persons involved, witnesses, location, and the circumstances of any seizure.

The principal shall report any possession of a weapon or dangerous instrument, including imitation firearms, to the student's parents/guardians by telephone or in person, and shall follow this notification with a letter.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5131.9

ACADEMIC HONESTY


The Board of Trustees believes that personal integrity is basic to all solid achievement. Students will reach their full potential only by being honest with themselves and with others.

The Board expects students to respect the educational purpose underlying all school activities. All students need to prove to themselves that they can do successful work as a result of their own efforts. The Board expects that students will not cheat, lie or plagiarize.

The Board recognizes that students are more inclined to cheat when there is little likelihood of getting caught. Each school shall provide an environment that encourages honesty. Students must know that their teachers will not ignore or condone cheating and that anyone discovered cheating will be penalized.

(cf. 5144 - Discipline)

When an incidence of cheating occurs, parents/guardians shall be contacted and asked to make sure that their children have adequate time to study at home.

Teachers shall instruct students in research and study skills appropriate to each subject, so that all students may feel confident that if they prepare, they can succeed without cheating. Students shall be encouraged to see tests as a means for finding out what they have learned. They shall be reminded that students who cheat on tests are cheating themselves.


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5131.9

ACADEMIC HONESTY


Any student who gives or receives information during a test shall receive a zero. Depending on the seriousness of the violation, the student may be kept after class for counseling or may be given no credit for the grade period or for the semester.

District principals shall encourage teachers to arrange seating in the least crowded way possible and to monitor tests as actively as possible.

Principals shall encourage teachers to give essay questions and oral, individual tests insofar as practicable. When using true- false or multiple-choice tests, teachers shall be advised to randomly distribute different versions of the test within the classroom.

Principals shall also encourage teachers to give open-book or open-note tests. Such tests may be made more analytical and more difficult in order to compensate for the use of the book or notes. Where space permits, teachers shall be urged to discourage plagiarism by keeping a file of term papers for up to five years and by asking students to submit outlines before their papers are due.

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5132(a)

DRESS AND GROOMING


The Board of Trustees believes that appropriate dress and grooming contribute to a productive learning environment. The Board expects students to give proper attention to personal cleanliness and to wear clothes that are suitable for the school activities in which they participate. Students' clothing must not present a health or safety hazard or a distraction which would interfere with the educational process.

(cf. 4119.22 - Dress and Grooming)
(cf. 5145.2 - Freedom of Speech/Expression: Publications Code)

Students and parents/guardians shall be informed about dress and grooming standards at the beginning of the school year and whenever these standards are revised. A student who violates these standards shall be subject to appropriate disciplinary action.

(cf. 5144 - Discipline)

Gang-Related Apparel

The principal, staff and parents/guardians at a school may establish a reasonable dress code that prohibits students from wearing gang-related apparel when there is evidence of a gang presence that disrupts or threatens to disrupt the school's activities. Such a dress code may be included as part of the school safety plan and must be presented to the Board for approval. The Board shall approve the plan upon determining that it is necessary to protect the health and safety of the school's students.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 5136 - Gangs)

The following guidelines shall apply to all K-8 schools:

1. That navy blue or black and white be adopted as the district's primary uniform colors.

2. That each school community has the final decision as to uniform colors at their sites, but if different from blue or black and white, parents must be notified on or before May 30, 1997 in order to purchase uniforms for the 1997/98 school year.

3. That the district personnel is not to endorse or require parents to purchase uniforms from any single company or individual.

BP 5132(b)


DRESS AND GROOMING (continued)


4. That all students transferring in from other schools, within or outside the district, be allowed to wear any approved uniform for a one year period if necessary for economic purposes.

5. That all schools begin to explore ways to assist parents who are very needy by:

a. Recycling used uniforms from graduates of school

b. Get community and business financial support for uniforms

Opt-Out Policy

The Compton Unified School District will provide an opt-out provision for religious and health reasons with parental request and supporting evidence. Each request will be considered and evaluated on an individual basis.

Legal Reference:
EDUCATION CODE
35183 School dress codes; uniforms
35294.1 School safety plans
48907 Student exercise of free expression
49066 Grades; effect of physical education class apparel
CODE OF REGULATIONS, TITLE 5
302 Pupils to be neat and clean on entering school
COURT DECISIONS
Marvin H. Jeglin et al v. San Jacinto Unified School District et al, (C.D. Cal. 1993)
827 F.Supp. 1459
Arcadia Unified School District v. California Department of Education, (1992) 2 Cal. 4th 251
Hartzell v. Connell, (1984) 35 Cal. 3d 899


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5132(a)

DRESS AND GROOMING

Gang-Related Apparel

At individual schools that have a dress code prohibiting gang-related apparel at school or school activities, the principal, staff and parents/guardians participating in the development of the school safety plan shall define "gang-related apparel" and shall limit this definition to apparel that reasonably could be determined to threaten the health and safety of the school environment if it were worn or displayed on a school campus. (Education Code 35294.1)

Because gang-related symbols are constantly changing, definitions of gang-related apparel shall be issued at least once each semester and updated whenever related information is received.

Uniforms

The Compton Unified School District Board of Trustees and Superintendent/designee declare as follows:

That it is reasonable and necessary to revise and adopt a code of dress and a code of conduct for the pupils attending schools of the Compton Unified School District.

Safety must always be a concern.

FOREWORD

Compton Unified School District Administrators, Teachers, Parents and Students uphold standards of behavior which recognize the rights and well-being of others and which contribute to the good conduct and reputation of the district and its students. The following school standards represent the current official regulations for all students.

STANDARDS

All pupils are to give proper attention to personal cleanliness, well groomed hair, safety and modesty in dress and grooming. Disruptive, outlandish hair cuts, make-up or styles are not allowed.

AR 5132(b)


DRESS AND GROOMING (continued)

All students in grades K-8 must wear approved school uniforms daily.

Clothing is to be neat, clean, safe and non-disruptive. Clothing and jewelry that display alcohol, cigarettes, violence, controlled substances or inappropriate words or pictures are not permitted.

Shoes must be worn at all times and sandals without backs/ankle straps or heel supports are not allowed for safety reasons. Examples are thongs, "chanclas," etc.

A single "tank, shirt/blouse" is not permitted and long shirts or shirts with "tails" must be "tucked in". "Low cut" and "see through" shirts/blouses are prohibited.

Pupils may not wear sheer blouses, strapless, spaghetti straps, halter tops, bare midriff outfits, or skin tight ("spandex") bicycle pants/shorts. Shorts and skirts which are shorter than mid-thigh may not be worn.

The Principal/Deputy Superintendent may, if disruptive, prohibit insignias of off campus clubs, sports and other organization. (Parents and students are to be notified, in Writing, at least 10 days prior to prohibition). No gang or tagging crew names are allowed on any clothing.

Hair nets, caps, bandanas, sweatbands and hats are prohibited at school for grades K through 12 including continuation school. Exceptions may be granted for rainy days and medical reasons. Athletes and Cadet Corps in full uniform are exceptions.

Large or dangling earrings for pierced ears are not permitted for safety reasons. Earrings may not be worn by male students while on campus (K-12). Hats and earrings will be confiscated.

Makeup and artificial nails may not be worn in grades K-5. Exceptions may be made for authorized school activities.

Because of disruptions and health and safety reasons, identified gang attire is prohibited on all campuses. Some of the identified gang clothing is oversized apparel, pants/shorts without properly sewn hems, military style belts with punched out initials. Examples/pictures of prohibited gang attire may be displayed at school sites.

AR 5132(c)

DRESS AND GROOMING (continued)


CONDUCT

Smoking, gambling, or loitering is not permitted at any time by students on school premises. This includes the sidewalk area surrounding the school.

Radios, "walkmen", tapedecks and beepers are not to be brought to school. Teachers and administrators are authorized to confiscate any of the above items carried by a student and turn it in to the appropriate office.

Students must have a pass to be out of class or to leave campus. This will be strictly enforced. All students are expected to attend school daily and on time. Notes must be provided by parents verifying student absences from school/class.

Defiance of the authority of school personnel either by behavior, verbal abuse or gestures is not permitted.

Use of profanity, abusive language, and cultural, sexual, or racially derogatory remarks toward students, school personnel or other persons on campus is strictly prohibited.

Possession of a weapon is prohibited and is grounds for arrest and expulsion.

Use, sale or possession of illegal drugs, alcohol, fireworks, or other explosive on school premises is strictly prohibited and are grounds for arrest and expulsion.

Fighting is not permitted at any time on or near school grounds. Assault or battery on students or teachers is strictly prohibited and violators will be prosecuted.

Students are not to destroy, deface or in any way damage school property. This includes putting graffiti on school property.

No food is to be brought into classrooms or buildings without authorization.

Young children, not enrolled at the school, are not permitted on campus during hours of school operation, and are not allowed to enter a classroom. There are no exceptions.

Throwing objects of any kind on campus is strictly prohibited.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5133

GIFTS TO SCHOOL PERSONNEL


The Board of Trustees recognizes that students and parents/guardians may wish to express feelings of appreciation through personal gifts. District staff accepting gifts from students or parents/guardians should be sensitive to the feelings of other students and use discretion if gifts are opened in front of others.

(cf. 3452 - Student Activity Funds)

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5136(a)

GANGS


The Board of Trustees desires to keep district schools free from the threats or harmful influence of any groups or gangs which exhibit drug use, violence or disruptive behavior. The Superintendent or designee shall take steps to deter gang intimidation of students and staff and confrontations between members of different gangs. He/she shall exchange information and establish mutually supportive efforts with local law enforcement authorities.

(cf. 3515.1 - Crime Data Reporting)
(cf. 5131.4 - Campus Disturbances)
(cf. 5131.7 - Weapons and Dangerous Instruments)

The Superintendent or designee shall provide inservice training which helps staff to identify gangs and gang symbols, recognize early manifestations of disruptive activities, and respond appropriately to gang behavior. Staff shall be informed about conflict management techniques and alerted to intervention measures and community resources.

The Board realizes that students become involved in gangs for many reasons, such as peer pressure, the need for a sense of belonging, and lack of refusal skills. Age-appropriate gang violence prevention education shall start with students in the early elementary grades and may start in kindergarten.

To further discourage the influence of gangs, the Superintendent or designee shall ensure that school rules of conduct and any school dress code prohibiting gang-related apparel are enforced consistently. If a student exhibits signs of gang affiliation, staff shall so inform the parent/guardian.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 5132 - Dress and Grooming)
(cf. 6164.2 - Guidance/Counseling Services)

Legal Reference: (see next page)

BP 5136(b)


GANGS (continued)

Legal Reference:
EDUCATION CODE
32230-32239 School Violence Reduction Program
35183 Gang-related apparel
35294.1 School safety plans
48907 Student exercise of free expression
51264 Educational inservice training; CDE guidelines
51265 Gang violence and drug and alcohol abuse prevention inservice training
51266-51266.5 Model gang and substance abuse prevention curriculum
58730-58736 Gang Risk Intervention Programs
PENAL CODE
186.22 Participation in criminal street gang
13826-13826.7 Gang violence suppression
UNITED STATES CODE, TITLE 20
7101-7143 Safe and Drug-Free Schools and Communities Act of 1994

Management Resources:
CDE PUBLICATIONS
On Alert: Gang Prevention in School and Inservice Guidelines, January 1994
CSBA PUBLICATIONS
Protecting Our Schools: Board of Trustees Strategies to Combat School Violence, 1995


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5136(a)

GANGS

Prevention and Intervention Measures

In order to discourage the influence of gangs, school staff shall take the following measures:

1. Any student displaying behavior, gestures, apparel or paraphernalia indicative of gang affiliation shall be referred to the principal or designee.

a. The student's parent/guardian shall be contacted and may be asked to meet with school staff.

b. The student may be sent home to change clothes if necessary.

(cf. 5132 - Dress and Grooming)

2. Staff members shall be provided with the names of known gang members.

3. Students who seek help in rejecting gang associations may be referred to community-based gang suppression and prevention organizations.

(cf. 1020 - Youth Services)

4. Any gang graffiti on school premises shall be removed, washed down or painted over as soon as discovered.

a. Daily checks for graffiti shall be made throughout the campus.

b. Graffiti shall be photographed before it is removed. These photographs shall be shared with local law enforcement authorities and used in future disciplinary or criminal action against the offenders.

(cf. 3515 - Campus Security)
(cf. 5131.5 - Vandalism, Theft and Graffiti)

5. Classroom and after-school programs at each school shall be designed to enhance individual self-esteem, provide positive reinforcement for acceptable behavior, and foster interest in a variety of constructive activities. These programs shall also:

a. Explain the dangers of gang membership


AR 5136(b)


GANGS (continued)


b. Provide counseling for targeted at-risk students

c. Include lessons or role-playing workshops in gang avoidance skills and nonviolent conflict resolution, including communication skills, anger management, ethnic/cultural tolerance, and mediation skills

d. Assign individual gang members to cooperative learning groups in which they may work toward common goals with students who are not members of their gang

e. Provide school-to-career instruction

(cf. 6030 - Integrated Academic and Vocational Instruction)

f. Provide positive interaction with local law enforcement staff

(cf. 5137 - Positive School Climate)

Gang prevention lessons may be taught jointly by teachers and law enforcement staff.

6. Staff shall actively promote membership in authorized student organizations which can provide students companionship, safety, and a sense of purpose and belonging, including:

a. Positive sports and cultural activities and affiliations with the local community

(cf. 6145 - Extracurricular and Cocurricular Activities)
(cf. 6145.2 - Athletic Competition)

b. Structured, goal-oriented community service projects

(cf. 6142.4 - Learning through Community Service)

Community Outreach

Gang prevention classes or counseling offered for parents/guardians shall address the following topics:

1. The dangers of gang membership


AR 5136(c)

GANGS (continued)


2. Warning signs which may indicate that children are at risk of becoming involved with gangs

3. The nature of local gang apparel and graffiti

4. Effective parenting techniques

5. Conflict resolution techniques

Community programs shall address:

1. The scope and nature of local gang problems

2. Strategies by which each segment of the community may alleviate gang problems


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5137(a)

POSITIVE SCHOOL CLIMATE


The Board of Trustees desires to provide an orderly, caring and nondiscriminatory learning environment in which all students can feel comfortable and take pride in their school and their achievements.

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 5132 - Dress and Grooming)
(cf. 5144 - Discipline)
(cf. 5145.2 - Freedom of Speech/Expression: Publications Code)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.7 - Sexual Harassment)

The Board encourages staff to teach students the meaning of equality, human dignity, and mutual respect, and to employ cooperative learning strategies that foster positive interactions in the classroom among students from diverse backgrounds. The district shall provide instruction and counseling designed to promote positive racial and ethnic identity, help students understand diverse cultures, teach them to think critically about racial bias and show them how to deal with discriminatory behavior in appropriate ways.

(cf. 6141 - Curriculum Development and Evaluation)
(cf. 6141.6 - Multicultural Education)
(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

Students shall have opportunities to voice their concerns about school policies and practices and to share responsibility for solving problems that affect their school. The Superintendent or designee may initiate student courts, campus beautification projects, buddy systems, vandalism prevention campaigns and other similar programs. Staff shall encourage and reward success and achievement, participation in community projects and positive student conduct.

(cf. 5126 - Awards for Achievement)
(cf. 5131.4 - Campus Disturbances)
(cf. 5136 - Gangs)
(cf. 6142.4 - Learning through Community Service)


BP 5137(b)


POSITIVE SCHOOL CLIMATE (continued)


The schools shall promote nonviolent conflict resolution techniques in order to encourage attitudes and behaviors that foster harmonious relations. As part of this effort, students shall be taught the skills necessary to reduce violence, including communication skills, anger management, bias reduction and mediation skills. Staff shall receive training that implements and supports conflict resolution techniques, and training in conflict resolution techniques shall be available to parents/guardians, students and volunteers.

Legal Reference:
EDUCATION CODE
233.5 Duty concerning instruction of students
32230-32239 School violence reduction program
35160 Authority of governing boards
35160.1 Broad authority of school districts

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students BP 5138(a)

CONFLICT RESOLUTION/PEER MEDIATION


To promote student safety and contribute to the maintenance of a positive school climate, the Board of Trustees encourages the development of school-based conflict resolution programs designed to help students learn constructive ways of handling conflict. The Board believes that such programs can reduce violence and promote communication, personal responsibility and problem-solving skills among students.

Conflict resolution strategies shall be considered as part of each school's comprehensive safety plan and incorporated into other district discipline procedures as appropriate. Conflict resolution programs shall not supplant the authority of staff to take appropriate action as necessary to prevent violence, ensure student safety, maintain order in the school, and institute disciplinary measures.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 5137 - Positive School Climate)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
(cf. 6159.4 - Behavioral Interventions for Special Education Students)

Schoolwide programs may include curriculum in conflict resolution, including, but not limited to, instruction in effective communication and listening, critical thinking, problem-solving processes and the use of negotiation to find mutually acceptable solutions. In addition, the curriculum may address students' ethical and social development, respect for diversity, and interpersonal and behavioral skills.

(cf. 6141 - Curriculum Development and Evaluation)
(cf. 6141.6 - Multicultural Education)

Conflict resolution programs may incorporate peer mediation strategies in which selected students are specially trained to work with their peers in resolving conflicts.


BP 5138(b)


CONFLICT RESOLUTION/PEER MEDIATION (continued)


Students' participation in any peer mediation program shall be voluntary and kept confidential by all parties involved.

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)
(cf. 5125 - Student Records)

In developing a conflict resolution and/or peer mediation program, school-site teams shall address, as appropriate:

1. The grade levels and courses in which the conflict resolution curriculum shall be delivered

(cf. 6143 - Courses of Study)

2. Staff development related to the implementation of the curriculum and modeling of appropriate behaviors and communication skills

(cf. 4131 - Staff Development)

3. The selection of peer mediators involving, to the extent possible, a cross-section of students in terms of grade, gender, race, ethnicity, and socioeconomic status, and including some students who exhibit negative leadership among peers

4. Training and support for peer mediators, including training in mediation processes and in the skills related to understanding conflict, communicating effectively and listening

5. The process for identifying and referring students to the peer mediation program

6. The types of conflicts suitable for peer mediation

(cf. 5131 - Conduct)
(cf. 5131.1 - Bus Conduct)
(cf. 5131.4 - Campus Disturbances)

BP 5138(c)

CONFLICT RESOLUTION/PEER MEDIATION (continued)


(cf. 5136 - Gangs)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.9 - Hate-Motivated Behavior)
(cf. 5145.7 - Sexual Harassment)

7. Scheduling and location of peer mediation sessions

8. Methods of obtaining and recording agreement from all disputants

9. The appropriate involvement of parents/guardians, the community and staff, including counseling/guidance and security staff

(cf. 1020 - Youth Services)
(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)
(cf. 3515.3 - District Police Department)
(cf. 6020 - Parent Involvement)
(cf. 6164.2 - Guidance/Counseling Services)

10. Communications to students, parents/guardians and staff regarding the availability of the program

11. Methods of following up with students to determine the effectiveness of the process

12. Development of assessment tools to periodically evaluate the success of the program including, but not limited to, measurements of whether there has been a reduction in violence at the school and whether the school's suspension rates have fallen since the program has been introduced

Legal Reference: (see next page)


BP 5138(d)

CONFLICT RESOLUTION/PEER MEDIATION (continued)

Legal Reference:
EDUCATION CODE
32230-32239 School violence reduction programs
32295.5 Teen court programs
35291-35291.5 Rules
35294-35294.9 School safety plans
44807 Duty concerning conduct of students
CALIFORNIA CONSTITUTION
Article 1, Section 28(c) Right to safe schools

Management Resources:
CSBA PUBLICATIONS
Protecting Our Children: Governing Board Strategies to Combat School Violence, revised 1999
CDE PUBLICATIONS
Safe Schools: A Planning Guide for Action, 1995
USDE PUBLICATIONS
Creating Safe and Drug-Free Schools: An Action Guide, 1996
WEB SITES
U.S. Department of Education, Safe and Drug-Free Schools Program: http://www.ed.gov/offices/OESE/SDFS/
California Department of Education, Safe Schools and Violence Prevention Office: http://www.cde.ca.gov/spbranch/safety/

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5141

HEALTH CARE AND EMERGENCIES


The Board of Trustees recognizes the importance of taking appropriate action whenever an emergency threatens the safety, health or welfare of a student at school or during school-sponsored activities. The Superintendent or designee shall ask parents/guardians to provide emergency information in order to facilitate immediate contact with parents/guardians if an accident or illness occurs.

(cf. 5141.1 - Accidents)

Resuscitation Orders

The Board believes that staff members should not be placed in the position of determining whether or not to follow any parental or medical "do not resuscitate" orders. Staff shall not accept or follow any such orders unless they have been informed by the Superintendent or designee that the request to accept such an order has been submitted to the Superintendent or designee, signed by the parent/guardian, and supported by a written statement from the student's physician and an order from an appropriate court.

The Superintendent or designee shall ensure that all parents/guardians are informed of this policy.

Legal Reference:
EDUCATION CODE
49407 Liability for treatment
49408 Information for use in emergencies
FAMILY CODE
6550-6552 Caregivers

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5141

HEALTH CARE AND EMERGENCIES


Emergency Information

Parents/guardians shall furnish the schools with the current information specified below:

1. Home address and telephone number

2. Parent/guardian's business address and telephone number

3. Name, address and telephone number of a relative or friend who is authorized by the parent/guardian to care for the student in cases of emergency when the parent/guardian cannot be reached

4. Local physician to call in case of emergency

Under Education Code 49407, no school district shall be held liable for the reasonable treatment of a student without the consent of the parent/ guardian when the student requires medical treatment and the parent/guardian cannot be reached, unless a written objection to medical treatment has been filed with the school district.

Consent by Caregiver

Persons 18 years of age and older who file with the district a completed caregiver's authorization affidavit shall have the right to consent to or refuse school-related medical care for a district student. The caregiver's authorization shall be valid for one year after the date on which it is executed. The caregiver's decision shall be superseded by any contravening decision of the parent or other person having legal custody of the student, provided that this contravening decision does not jeopardize the student's life, health or safety. (Family Code 6550)

School-related medical care is medical care that is required by state or local governmental authority as a condition for school enrollment, including immunizations, physical examinations, and medical examinations conducted in schools for students. (Family Code 6550)

(cf. 5111.11 - Residency of Students with Caregiver)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5141.1

ACCIDENTS


Although the district makes every reasonable effort to prevent student accidents and injuries, accidents occur. The Superintendent or designee shall develop procedures to ensure that first aid and/or medical attention is provided as quickly as possible and that parents/guardians are notified of accidents.

Universal precautions shall be observed whenever it is possible that students, employees or others may have contact with blood or body fluids as a result of the accident.

(cf. 4119.43/4219.43/4319.43 - Universal Precautions)

Mouthpieces, resuscitation bags or other ventilation devices shall be available at each school and during athletic competitions in the event that resuscitation is necessary.

(cf. 6145.2 - Athletic Competition)

District staff shall appropriately report and document student accidents.

(cf. 3530 - Risk Management/Insurance)
(cf. 4119.42/4219.42/4319.42 - Exposure Control Plan for Bloodborne Pathogens)
(cf. 5142 - Safety)
(cf. 5143 - Insurance)

Legal Reference:
EDUCATION CODE
32040-32044 First aid equipment
49300-49307 School safety patrols
49408 Emergency information
49409 Athletic events; physicians and surgeons; emergency medical care; immunity
49470 Medical and hospital services for athletic program
49471 Medical and hospital services not provided or available
49472 Medical and hospital services for pupils
49474 Ambulance services
51202 Instruction in personal and public health and safety
CODE OF REGULATIONS, TITLE 8
5193 California Bloodborne Pathogens Standard


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students BP 5141.21(a)

ADMINISTERING MEDICATION AND MONITORING HEALTH
CONDITIONS


The Board of Trustees recognizes that students may need to take prescribed medication during the school day in order to be able to attend school without jeopardizing their health.

When the district has received written statements from the student's physician and parent/guardian, designated personnel shall assist the student in taking the medication. In addition, upon written request, designated personnel may assist the student in monitoring, testing or other treatment of an existing medical condition. (Education Code 49423)

(cf. 3530 - Risk Management/Insurance)
(cf. 5141.24 - Specialized Health Care Services)

Upon written request by the parent/guardian and with the approval of the student's physician, a student with an existing medical condition that requires frequent monitoring, testing or treatment may be allowed to self administer this service. The student shall observe universal precautions in the handling of blood and bodily fluids.

(cf. 4119.43/4219.43/4319.43 - Universal Precautions)
(cf. 5141.23 - Infectious Disease Prevention)

Anaphylactic Injections

The Board recognizes that some students have allergies of such severity that they may require an emergency anaphylactic injection during the course of the school day. Parents/guardians who are aware of this foreseeable need may ask the district to provide such injections in accordance with administrative regulations.

School staff who may be required to administer anaphylactic injections shall receive training from qualified medical personnel. They will be authorized to administer the injections in accordance with administrative regulations and will be afforded appropriate liability protection.

(cf. 5141 - Health Care and Emergencies)

Legal Reference: (see next page)


BP 5141.21(b)


ADMINISTERING MEDICATION AND MONITORING HEALTH
CONDITIONS (continued)

Legal Reference:
EDUCATION CODE
49407 Liability for treatment
49408 Emergency information
49423 Administration of prescribed medication for student
49423.5 Specialized health care services
49426 School nurses
49480 Continuing medication regimen; notice
BUSINESS AND PROFESSIONS CODE
2700-2837 Nursing, especially:
2726 Authority not conferred
2727 Exceptions in general

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5141.21(a)

ADMINISTERING MEDICATION AND MONITORING HEALTH
CONDITIONS


Before a designated employee assists in the administration of any prescribed medication to any student during school hours, the district shall have: (Education Code 49423)

1. A written statement from the student's physician detailing the method, amount and time schedules by which the medication is to be taken

2. A written statement from the student's parent/guardian requesting the district to assist the student in taking the medication as prescribed by the physician

Parents/guardians shall be asked to provide a properly labeled pharmacy bottle containing the name and telephone number of the pharmacy, the student's identification, name of the physician, and dosage of the medication to be given.

The designated employee shall:

1. Be responsible for the medication at school and administer it in accordance with the physician's indicated instructions

2. Maintain a list of students needing medication during school hours, including the type of medication, times, and dosage

3. Maintain a log recording the student's name and the time and date when medications were given

4. Keep all medication in a locked drawer or cabinet

Parents/guardians who request that a student be allowed to self administer, monitor or treat his/her existing medical condition must make this request in writing and provide written approval by the student's physician.

Notifications

The Superintendent or designee shall inform all parents/guardian of the following requirements: (Education Code 49480)

AR 5141.21(b)


ADMINISTERING MEDICATION AND MONITORING HEALTH
CONDITIONS (continued)


1. The parent/guardian of a student on a continuing medication regimen from a nonepisodic condition shall inform the school nurse or other designated certificated employee of the medication being taken, the current dosage and the name of the supervising physician.

2. With the parent/guardian's consent, the school nurse may communicate with the student's physician regarding the medication and its effects and may counsel school personnel regarding the possible effects of the drug on the student's physical, intellectual and social behavior, as well as possible behavioral signs and symptoms of adverse side effects, omission or overdose.

Anaphylactic Injections

1. Parents/guardians of students who may require emergency anaphylactic injections shall provide written permission for authorized staff to administer these injections.

2. Each year, school employees designated by the principal shall receive training in administering anaphylactic injections. Qualified medical personnel shall provide this training.

3. The principal or designee shall schedule inservice meetings to:

a. Familiarize authorized staff with the prescribed medications and their location

b. Ensure that authorized staff are competent to administer anaphylactic injections

c. Train all school personnel to recognize the symptoms of anaphylactic reactions

Physicians and parents/guardians of students who may require anaphylactic injections may be invited to attend these meetings.

4. The principal or designee shall prepare a list naming the students who may need emergency anaphylactic injections. This list shall be given to all concerned staff and updated annually.


AR 5141.21(c)


ADMINISTERING MEDICATION AND MONITORING HEALTH
CONDITIONS (continued)


5. All medication for injections shall be labeled with the student's name, type of medicine and expiration date.

6. The parents/guardians of students who carry their own kits for the purpose of anaphylactic injections shall so inform the principal or designee, who shall prepare a list naming these students, give it to concerned staff and update the list annually.

7. The principal or designee shall post in the school health office a list of symptoms usually associated with anaphylactic reactions and a clear, specific procedure for administering injections in case of emergency. If authorized staff are not available at the time of an emergency, this written procedure will be followed by anyone who must administer the injection in order to save a life.

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students E 5141.21(a)

PHYSICIAN'S RECOMMENDATIONS FOR MEDICATION

This form is to be filled in and signed by a licensed physician. The form should then be signed by the parents/guardians and returned to the school.


Student's Last Name First Middle Age Birth Date Month Day Year


Name of School Name of Principal Name of Teacher Type of Class Grade

The law allows any person to assist in carrying out a physician's recommendation. The school recognizes the desirability of following physician's recommendations as nearly as possible at school, just as does a parent at home or any other person (not necessarily a nurse) if the physician requests his/her assistance. The fact that this is a service or accommodation which the school is not legally required to perform is recognized by all parties signing this form, and in so signing they agree to hold the district, its officers, employees or agents, harmless from all liability, suits, claims of whatever nature or kind which might arise out of these arrangements.

Do you wish this child to receive medication at school? o YES o NO

If yes, please fill in the following blanks:

Form Observed or Assisted
(tablet, pill, Number to Approximate by Whom
Name of Medication capsule, etc.) be Taken Time of Day (self, teacher, nurse,
etc.)

#1.

#2.

Precautions, if any

How is medicine to be brought to school:

By whom (student, parent, etc.)?

How often (daily, weekly, etc.)?

In what kind of container (envelope, bottle, plastic container)?

E 5141.21(b)


Does the physician wish to be able to talk briefly by telephone with someone (teacher, nurse, principal, psychologist) at intervals (weekly, monthly, quarterly) to see how this child is faring? If so, indicate:

Person(s) and intervals , and
you will be notified as to numbers and times at which the person(s) may usually be reached at school by telephone.

IMPORTANT: Please discontinue this request as of the following date.
Month Day Year

After this date, changes or continuance of these arrangements must be secured by filling out a newly dated copy of this form.

Signature Address Telephone No. Date
License
MD. No.
Physician Mo/Day/Yr

Parents' or Guardians' Full Name Mo/Day/Yr


Parent's or Guardian's Full Name Mo/Day/Yr


E 5141.21(c)


Background Information

LEGAL PROVISIONS

The purpose of allowing medication to be given to students by authorized school personnel is to help provide for their general welfare by following the instructions of their physicians. This position is clarified by the intent seen in the following sections from the Nursing Practice Act (Chapter 6 commencing at Section 2700) Division 2 of the Business and Professions Code):

NURSING OR MINISTRATIONS NOT PROHIBITED BY CHAPTER

"The performance by any person of such duties as required in the physical care of a patient and/or carrying out medical orders prescribed by a licensed physician: provided, such person shall not in any way assume to practice as a professional, registered, graduate or trained nurse." (Business and Professions Code Section 2727 (e)).

PRACTICES UNAUTHORIZED

"This chapter confers no authority to practice medicine or surgery." (Business and Professions Code 2726)

SUGGESTIONS FOR SCHOOL PROCEDURES

The procedures covering medication brought to school to be taken by students according to the provisions listed on the preceding form will be expedited if the following procedures are used:

1. Two copies of the form are supplied: one for the school files and one for the person authorized to administer the medication.

2. Only medication prescribed by the student's physician as being necessary to be taken by the student in the manner listed on this form should be brought to school.

3. Such medication should be taken by the student in accordance with instructions from the physician listed on this form.

4. Medication brought to school to be given to the student according to the provisions listed on this form should be in containers which are clearly marked with the name of the student; the name of the prescribing physician; an identification number or name of the medication; the druggist who dispensed the medication or the manufacturer; and the amount of medication to be taken at specified times or in specific situations.

5. All medications should be kept in a secure place. Any special instructions for storage or security measures of any medication should be written by the physician and given to school personnel so that such instructions can be followed.


Exhibit COMPTON UNIFIED SCHOOL DISTRICT
version: April 11, 2000 Compton, California


Students BP 5141.22(a)

INFECTIOUS DISEASES


The Board of Trustees recognizes its dual responsibility to protect the health of students from risks posed by infectious diseases and to uphold the right of students to a free and appropriate education. The district requires all staff to routinely observe universal precautions to prevent exposure to bloodborne pathogens and prevent the spread of all infectious disease.

(cf. 4119.42/4219.42/4319.42 - Exposure Control Plan for Bloodborne Pathogens)
(cf. 4119.43/4219.43/4319.43 - Universal Precautions)
(cf. 5141.23 - Infectious Disease Prevention)

The admission of a student with a disease that is contagious within the school setting shall be determined by the Superintendent or designee in accordance with standard procedures. The district shall exclude students only in accordance with law.

(cf. 5112.2 - Exclusions from Attendance)
(cf. 5141.26 - Tuberculosis Testing)
(cf. 5141.3 - Health Examinations)

Students with Bloodborne Pathogen Infections

The Board recognizes that human immunodeficiency virus (HIV) and hepatitis B virus (HBV) are bloodborne pathogens and not casually transmitted. Children with bloodborne pathogen infections are entitled to attend school and receive a free and appropriate public education. The sole presence of bloodborne pathogens is not sufficient reason to exclude students from attending school.

Parents/guardians are encouraged to inform the Superintendent or designee if their child has HIV/AIDS so that school staff may keep the student's parents/guardians informed of any outbreak of disease at school. The district will work cooperatively with the student's parent/guardian and physician to minimize the child's exposure to other diseases in the school setting.

The Board desires to be supportive of students infected with bloodborne pathogens and to help their families cope with difficulties they may face. The Board believes that schools can play an important role in educating the school community about the nature of bloodborne pathogens and alleviating fears about their transmission.

(cf. 6158 - Independent Study)
(cf. 6159 - Individualized Education Program)
(cf. 6183 - Home/Hospital Instruction)
Legal Reference: (see next page)

BP 5141.22(b)


INFECTIOUS DISEASES (continued)


Legal Reference:
EDUCATION CODE
48210-48214 Persons excluded
49073-49075 Privacy of pupil records
49076 Access to records by persons without written consent or under judicial order
49403 Cooperation in control of communicable disease and immunization of students
49405 Smallpox control
49406 Examination for tuberculosis (employees)
49408 Information of use in emergencies
49450 Rules to insure proper care and secrecy
49451 Parent's refusal to consent to medical exam
49602 Confidentiality of student information
CALIFORNIA CONSTITUTION
Article 1, Section 1 Right to Privacy
CIVIL CODE
56-56.37 Confidentiality of Medical Information Act
1798-1798.76 Information Practices Act
HEALTH AND SAFETY CODE
120230 re exclusion for communicable disease
120325-120380 Immunization against communicable diseases
120975 Prohibition against compelling identification of AIDS test subjects
120980 Unauthorized disclosures
121010 Disclosure to certain persons without written consent
121075-121125 Acquired Immune Deficiency Syndrome Research Confidentiality Act
121475-121520 Tuberculosis tests for pupils
UNITED STATES CODE, TITLE 20
1232 Family Educational and Privacy Rights Act
1400 et seq. Education for All Handicapped Children
UNITED STATES CODE, TITLE 29
794 Section 504 of the Rehabilitation Act of 1973
COURT DECISIONS
Phipps v. Saddleback Valley Unified School District (1988) 204 Cal. App. 3d 1110
Thomas v. Atascadero Unified School District, (1987) 662 F. Supp. 376
Doe v. Belleville Public School District, (1987) 672 F. Supp. 342

Management Resources:
CDE PROGRAM ADVISORIES
0509.86 AIDS Guidelines
1016.89 Guidelines for Informing School Employees about Preventing the Spread of Infectious Diseases, including Hepatitis B and AIDS/HIV Infections and Policies for Dealing with HIV-Infected Persons in School Settings


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5141.22

INFECTIOUS DISEASES


In determining whether to exclude a child with a suspected or diagnosed infectious disease, the Superintendent or designee shall consult the child's parent/guardian and the student's physician and/or the County Health Department, as required by law. The Superintendent or designee also may refer to the State Department of Health Services document Control of Communicable Disease in California for assistance in this determination.

Confidentiality

The Superintendent or designee shall ensure that student confidentiality rights are strictly observed in accordance with law. No district employee shall release medical information, including knowledge of a bloodborne pathogen infection, without written consent from the parent/guardian. Such information may be shared only with those persons specifically named in the written permission.

(cf. 5141.21 - Administering Medication and Monitoring Health Conditions)

Review Team

The parent/guardian of a student with HIV/AIDS may ask the Superintendent or designee to convene a review panel to make recommendations regarding appropriate programs and services. The parent/guardian must provide written permission for the disclosure of confidential information to each review panel member.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5141.23

INFECTIOUS DISEASE PREVENTION


The Board of Trustees recognizes its responsibility to consistently take precautions to prevent the spread of infectious diseases. A comprehensive approach to disease prevention requires the cooperation of the home and the community.

(cf. 1020 - Youth Services)

All students and employees shall be informed of the universal precautions to be used whenever anyone is exposed to blood or other body fluids through injury or accident. Science laboratory instruction shall be designed to protect students from contact with body fluids and with contaminated needles, sharps and other objects.

(cf. 4119.42/4219.42/4319.42 - Exposure Control Plan for Bloodborne Pathogens)
(cf. 4119.43/4219.43/4319.43 - Universal Precautions)
(cf. 5141.1 - Accidents)
(cf. 5141.31 - Immunizations)
(cf. 6142.2 - AIDS Prevention Instruction)
(cf. 6145.2 - Athletic Competition)

Legal Reference:
EDUCATION CODE
49403 Cooperation in control of communicable disease and immunization of pupils
51202 Instruction in personal and public health and safety
CODE OF REGULATIONS, TITLE 8
5193 California Bloodborne Pathogens Standard
CODE OF REGULATIONS, TITLE 17
2500-2508 Communicable disease reporting requirements

Management Resources:
CDE PROGRAM ADVISORIES
0509.86 AIDS Guidelines
1016.89 Guidelines for Informing School Employees about Preventing the Spread of Infectious Diseases, including Hepatitis B and AIDS/HIV Infections and Policies for Dealing with HIV-Infected Persons in School Settings


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

CSBA Sample
Administrative Regulation

Students AR 5141.23(a)

INFECTIOUS DISEASE PREVENTION


Control of Science Laboratory Lessons

Before a class works with blood or blood products, the teacher must explain the potentially hazardous nature of blood, emphasizing the fact that through blood, various agents can be transmitted from one person to another. Before and after doing laboratory work, students must always wash hands with soap and water, dry hands, and cover any existing cut, wound, or open sore with a sterile dressing. The following techniques also must be used when students are working with human blood:

1. Specific procedures and safety precautions shall be explained carefully before starting each laboratory exercise.

2. Wherever possible, blood typing experiments shall be conducted by teacher demonstrations rather than being performed by individual students.

3. Students always shall work with their own blood, or shall use prepackaged ABO/Rh blood cell kits that have vials of blood previously tested for transmissible agents.

4. Students shall use individual sterile lancets for finger punctures, and lancets must not be reused.

5. Before the finger is punctured, it shall be wiped with a piece of cotton that has been immersed in alcohol.

6. If bleeding persists after the finger is punctured, the student shall apply a sterile bandage using moderate pressure.

7. Large beakers of a solution consisting of one part bleach to 10 parts water (1:10) shall be placed throughout the room. Lancets and any other materials with blood on them must be discarded into the solution. Solution shall be made fresh each day.

8. At the end of the class, laboratory desks shall be wiped with alcohol or 1:10 dilution of bleach.


AR 5141.23(b)

INFECTIOUS DISEASE PREVENTION (continued)


Techniques similar to the above shall be used when working with any other body fluids.

Policy Reference UPDATE Service
Copyright 1999 by California School Boards Association, West Sacramento, California 95691
All rights reserved.


Students BP 5141.24

SPECIALIZED HEALTH CARE SERVICES


The Board of Trustees is aware that some district students may require specialized physical health care services during the school day in order to attend school. In accordance with the student's individualized education program or written accommodation plan, trained and qualified personnel shall perform these services under the supervision of a school nurse, public health nurse or licensed physician.

(cf. 0430 - Comprehensive Local Plan for Special Education)
(cf. 6164.6 - Identification and Education under Section 504)

Legal Reference:
EDUCATION CODE
49423.5 Specialized physical health care services
56000-56606 Special Education Programs
CODE OF REGULATIONS, TITLE 5
3051.12 Health and Nursing Services
UNITED STATES CODE, TITLE 20
1400 et seq. Individuals with Disabilities Education Act
UNITED STATES CODE, TITLE 29
701 et seq. Rehabilitation Act of 1973
794 Rehabilitation Act of 1973, Section 504
CODE OF FEDERAL REGULATIONS, TITLE 34
300.24 Related services

Management Resources:
CDE PUBLICATIONS
Guidelines and Procedures for Meeting the Specialized Physical Health Care Needs of Pupils (The Green Book)

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5141.24(a)

SPECIALIZED HEALTH CARE SERVICES


The parent/guardian of students who require specialized physical health care services during the school day shall provide a written request for the needed physical health care service. (5 CCR 3051.12(b)(3)(E)) This request shall include:

1. The student's name, address and phone number

2, The physician's name, address and phone number

3. The needed health care procedure

4. Statement authorizing qualified school personnel to perform the procedure, as approved by the physician (5 CCR 3051.12(b)(3)(E))

5. Statement agreeing to notify the school immediately of any change in the child's regimen or the authorizing physician

6. Statement agreeing to provide all supplies needed for the procedure

The student's physician shall submit a written statement authorizing the administration of the specified physical health care service (5 CCR 3051.12(b)(3)(E)) This statement shall indicate:

1. The student's name and address

2. Condition for which treatment is to be given

3. Specific procedure to be given (5 CCR 3051.12)

4. Time schedules for the procedure (5 CCR 3051.12)

5. Precautions, possible untoward reactions and recommended intervention

AR 5141.24(b)


SPECIALIZED HEALTH CARE SERVICES (continued)


(cf. 5125 - Student Records)

The program administrator shall name the qualified school personnel who will perform the service in accordance with standardized procedures.

A qualified school nurse, public health nurse or licensed physician and surgeon shall supervise physical health care services in the school setting in accordance with law. (Education Code 49423.5; 5 CCR 3051.12)

Qualified personnel shall be trained in accordance with law. They shall possess a current valid certificate from an approved program in cardiopulmonary resuscitation and shall be able to demonstrate current knowledge of community emergency medical resources and skill in the use of equipment and the performance of techniques necessary to provide specialized health care services. (Education Code 49423.5; 5 CCR 3051.12(b)(1)(C))

Schools shall provide appropriate accommodations for safety and necessary physical care services. The student's personal privacy and dignity shall be assured. (5 CCR 3051.12)

Staff designated to perform the specialized service shall maintain and sign a daily record of these services on a district form. (5 CCR 3051.12(b)(1)(E)) This form shall be kept either in the student's classroom or in the school health office, depending on the health services being provided.

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5141.26

TUBERCULOSIS TESTING


The Board of Trustees recognizes that tuberculosis poses a public health threat. Treatment of active cases of this disease is the most effective means of controlling its spread.

The number of tuberculosis cases in our county is on the rise. The County Public Health Officer therefore requires tuberculosis testing, and follow-up if appropriate, before students enter school.

The Superintendent or designee may require a tuberculosis skin test when qualified medical personnel reasonably suspect that a student has active tuberculosis. If there is an outbreak of tuberculosis at any school, the Superintendent or designee may require all students at the school to undergo tuberculosis skin tests.

Students known to have had a positive tuberculosis skin test shall be excluded from school until they provide evidence of a follow-up x-ray and appropriate medical care or are no longer suspected of having active tuberculosis.

(cf. 5112.2 - Exclusions from Attendance)
(cf. 5141.3 - Health Examinations)

All district staff shall receive information on how tuberculosis is spread and how it can be prevented and treated.

(cf. 4119.43/4219.43/4319.43 - Universal Precautions)
(cf. 5141.22 - Infectious Diseases)
(cf. 5141.23 - Infectious Disease Prevention)

Legal Reference:
EDUCATION CODE
48211 Habits and disease
49450 Rules to insure proper care and secrecy
49451 Parent's refusal to consent
HEALTH AND SAFETY CODE
120230 Exclusion of persons from school
120875 Providing information to school districts on AIDS, AIDS-related conditions and Hepatitis B
120880 Information to employees of school district
121475-121520 Tuberculosis tests for pupils


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5141.26

TUBERCULOSIS TESTING


The following protocol shall be followed for any student who has a positive TB skin test:

1. The parent/guardian must provide the school with the results of a chest x-ray before the student enters class. If no x-ray has been done, the parent/guardian shall be given a TB follow-up form to take to his/her personal physician or to the county public health office. The student must then obtain a chest x-ray and bring proof that the film was taken for school entry.

2. If the TB form is not returned with x-ray results within two weeks, the Superintendent or designee shall contact the student and family for information about the x-ray report.

3. If the student is found to have active infectious tuberculosis on chest x-ray and sputum tests, the student shall not be admitted to school until a physician's note is presented, showing that the student is free of communicable tuberculosis. (Health and Safety Code 121485, 121495)

4. If the x-ray is negative and the student admitted, the Superintendent or designee may contact the student and family again in four to six weeks to determine that they have followed through with a medical appointment for the INH preventive medication program, if indicated.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5141.3(a)

HEALTH EXAMINATIONS


The Board of Trustees recognizes that periodic health examinations of students may lead to the detection and treatment of conditions that impact learning. Health examinations also may help in determining whether special adaptations of the school program are necessary.

In addition to verifying that students have complied with legal requirements for health examinations and immunizations before enrolling in school, the district shall administer tests for vision, hearing and scoliosis as required by law.

(cf. 5141.26 - Tuberculosis Testing)
(cf. 5141.31 - Immunizations)
(cf. 5141.32 - Child Health and Disability Prevention Program)
(cf. 5141.6 - School-Based Health and Social Services)

All students who participate as cheerleaders, song leaders, or athletes in organized competitive sports shall first undergo and file with the district a current medical examination. Upon sustaining an injury or serious illness, a student may be required to have another examination before participating further. This requirement does not apply to participants in occasional play day or field day activities.

(cf. 5143 - Insurance)
(cf. 6145.2 - Athletic Competition)

The Superintendent or designee shall ensure that staff employed to examine students exercise proper care of each student and that examination results are kept confidential. Records related to these examinations shall be available only in accordance with law.

(cf. 5125 - Student Records)

Reports to the Board regarding the number of students found to have physical problems and the effort made to correct them shall in no way reveal the identity of students.

Legal Reference: (see next page)

BP 5141.3(b)


HEALTH EXAMINATIONS (continued)

Legal Reference:
EDUCATION CODE
44871-44879 Employment qualifications
49400-49413 General powers-school boards (re pupil health)
49422 Supervision of health and physical development
49450-49457 Physical examinations (of pupils)
49460-49466 Development of standardized health assessments
HEALTH AND SAFETY CODE
120325-120380 Immunization against communicable diseases
121475-121520 Tuberculosis tests for pupils
CODE OF REGULATIONS, TITLE 5
590-596 Vision screening
3027 Hearing and vision screening for special education
3028 Audiological screening


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5141.3(a)

HEALTH EXAMINATIONS


The principal at each school shall notify parents/guardians of the rights of students and parents/guardians related to health examinations. (Education Code 48980)

(cf. 5145.6 - Parental Notifications)

A parent/guardian may annually file a written statement with the principal withholding consent to the physical examination of his/her child. The child shall be exempt from any physical examination but shall be subject to exclusion from attendance when contagious or infectious disease is reasonably suspected. (Education Code 49451)

(cf. 5112.2 - Exclusions from Attendance)
(cf. 5141.22 - Infectious Diseases)

Vision and Hearing Tests

Students shall have their vision and hearing tested by qualified personnel authorized by the district. (Education Code 49452, 49454)

All students shall be tested for visual acuity when they first enroll in elementary school and every three years thereafter until the student completes grade 8. External observations of the student's eyes, visual performance and perception shall be made by the school nurse and the classroom teacher. (Education Code 49455)

For male students, color vision shall be tested one time, after the student reaches grade 1. Results of the test shall be entered into the student's health record. (Education Code 49455)

Evaluation of a student's vision may be waived at the parent/guardian's request if the parent/guardian presents a certificate from either a medical doctor or an optometrist specifying the results of an examination of the student's vision including visual acuity, and, in male students, color vision. (Education Code 49455)


AR 5141.3(b)


HEALTH EXAMINATIONS (continued)


Visual defects or any other defects found as a result of the vision examination shall be reported to the parent/guardian with a request that remedial action be taken to correct or cure the defect. If made in writing, such reports shall not include a referral to any private practitioner, and the report of a visual defect shall be made on a form prescribed by the Superintendent of Public Instruction. (Education Code 49456)

The student may be referred to a public clinic or diagnostic and treatment center operated by a public hospital or by the state, county or city department of public health. (Education Code 49456)

Scoliosis Screening

Each female student in grade 7 and each male student in grade 8 shall be screened for scoliosis. This screening shall comply with California Department of Education standards and shall be performed by qualified personnel as specified in law. (Education Code 49452.5)

Persons performing the screening shall not solicit, encourage or advise treatment of the student for scoliosis or any other condition discovered in the course of the screening. (Education Code 49452.5)

The parent/guardian of any student suspected of having scoliosis shall receive a notice which includes an explanation of scoliosis and describes the significance of treatment at an early age. This notice shall also describe the public services available for treatment and include a referral to appropriate community resources. (Education Code 49452.5)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5141.31

IMMUNIZATIONS


To be admitted to school, children must be fully immunized in accordance with law. Children shall be excluded from school or exempted from immunization requirements only as allowed by law.

(cf. 1400 - Relations between Other Governmental Agencies and the Schools)
(cf. 5112.1 - Exemptions from Attendance)
(cf. 5112.2 - Exclusions from Attendance)
(cf. 5141.22 - Infectious Diseases)
(cf. 5141.3 - Health Examinations)

In order to ensure that children who have not been immunized may be enrolled in school without delay, the Superintendent or designee shall arrange for qualified medical personnel to administer the immunizations at school in accordance with law. Immunizations shall not be given without parental consent.

(cf. 5145.6 - Parental Notifications)

Transfer Students

Transfer students shall be conditionally admitted for up to 30 days while their immunization records are being transferred from their previous school. If these records do not arrive within 30 days, the student shall present written documentation by a physician, nurse or clinic, showing that the required immunizations were received. If such documentation is not presented, the student shall be excluded from school until immunization requirements are met.

Legal Reference:
EDUCATION CODE
46010 Absences excluded in computing attendance
48216 Immunization; absence not excluded in computing attendance
48980 Required notification of rights
49403 Cooperation in control of communicable disease and immunizations
HEALTH AND SAFETY CODE
120325-120380 Immunization against communicable disease especially:
120335 Immunization requirement for admission
CODE OF REGULATIONS, TITLE 17
6000-6075 School attendance immunization requirements


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5141.31(a)

IMMUNIZATIONS


Upon enrollment, students must present evidence of full immunization against diphtheria, pertussis (whooping cough), tetanus (Td), poliomyelitis, measles, mumps and rubella (MMR) as documented by a physician, nurse or clinic in the manner prescribed by the State Department of Health Services. Students seven years old or older shall not be required to be immunized against pertussis or mumps. (Health and Safety Code 120335)

Upon enrollment, children entering school or a child care and development program at the kindergarten level or below shall also present evidence of immunization against hepatitis B. Children who have not reached the age of four years, six months shall also present evidence of immunization against haemophilus influenzae type b. (Health and Safety Code 120335)

Upon enrollment on or after July 1, 1999, children entering, advancing, transferring or repeating 7th grade shall present evidence of hepatitis B immunization. (Health and Safety Code 120335)

Any student without the required evidence of immunization shall be excluded from school until the immunization is obtained or until the student presents a letter or affidavit of exemption from his/her parent/guardian or physician. Exemption is allowed when the parent/guardian states in writing that immunization is contrary to his/her beliefs. Exemption is also allowed to the extent indicated by a physician's written statement describing the medical condition of the child and the probable duration of the medical condition or circumstances which contraindicate immunization. (Health and Safety Code 120365, 120370, 120375)

The district may conditionally admit a child with documentation from a physician that: (Health and Safety Code 120340; 17 CCR 6000)

1. He/she has received some but not all required immunizations and is not due for any vaccine dose at the time of admission

2. He/she has a temporary exemption from immunization for medical reasons

The Superintendent or designee shall review the immunization record of each student admitted conditionally every 30 days until that student has received all of the required immunizations. (17 CCR 6070)


AR 5141.31(b)


IMMUNIZATIONS (continued)


In accordance with law, the Superintendent or designee shall notify parents/guardians of the rights of students and parents/guardians relating to immunizations. (Education Code 48216, 48980)

(cf. 5145.6 - Parental Notifications)

When admission has been denied because of lack of immunization, the Superintendent or designee shall notify the parent/guardian that he/she has 15 school days in which to supply evidence of proper immunization or an appropriate letter of exemption. This notice shall refer the parent/guardian to the child's usual source of medical care. (Education Code 48216; 17 CCR 6040)

If no usual source of medical care exists, the parent/guardian shall be notified that the immunizations will be administered at school. (Education Code 48216)

The district shall exclude from further attendance any student who fails to obtain the required immunization within no more than 10 school days following receipt of the parent/guardian notice specified above, unless the student is exempt from immunization for medical reasons or personal beliefs. The student shall remain excluded from school until he/she has received another dose of each required vaccine due at that time. The student shall also be reported to the attendance supervisor or principal. (17 CCR 6055)

(cf. 5112.2 - Exclusions from Attendance)

Immunizations shall not be given without parental consent. (Education Code 49403)

The Superintendent or designee shall annually file a report with the state and local health departments on the immunization status of new entrants or when needed to determine immunization status. (Health and Safety Code 120375; 17 CCR 6075)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

CSBA Sample
Administrative Regulation

Students AR 5141.32(a)

CHILD HEALTH AND DISABILITY PREVENTION PROGRAM


When parents/guardians enroll their children in kindergarten, the district shall inform them about their obligation to obtain or waive a health screening for their children before they enter first grade. The district shall also inform them about the availability of free health screening for low-income children, as provided under the Child Health and Disabilities Prevention Program, and about the evaluation services and other benefits provided under Division 106, Part 2, Chapter 3, Article 6 of the Health and Safety Code. (Health and Safety Code 124100, 124105)

The above information shall be provided with notifications about immunization requirements and when parents/guardians enroll any first grade children who have not attended kindergarten in the district. The district shall encourage parents/guardians to arrange for their children to obtain their health screening prior to or during their kindergarten year.

(cf. 5141.31 - Immunizations)

The Superintendent or designee may arrange for local health authorities to offer health examinations at school sites.

(cf. 1020 - Youth Services)

During the first 90 days of school, the Superintendent or designee may contact any first grade parents/guardians who have not provided evidence of a health screening or a waiver. If any parents/guardians do not respond to this notification, the Superintendent or designee may contact them a second time to ensure that they understand that their children may be eligible to receive a health screening at no cost.


AR 5141.32(b)

CHILD HEALTH AND DISABILITY PREVENTION PROGRAM (continued)


The Board shall exclude from school, for up to five days, any first grade student who does not present evidence of a health screening or an appropriate waiver on or before the 90th day after entering the first grade. This exclusion shall begin on the 91st calendar day after the student's entrance into the first grade. If school is not in session that day, the exclusion shall begin on the next succeeding schoolday. Within limits established in law, the Superintendent or designee may exempt from exclusion students whose parents/guardians failed to respond to district attempts to obtain evidence of health screening or a signed waiver. (Health and Safety Code 124105)

(cf. 5112.2 - Exclusions from Attendance)

The Superintendent or designee shall annually provide the county Child Health and Disability Prevention Program, the State Department of Health Services and the California Department of Education with the health screening information required by law. (Health and Safety Code 124100)


Legal Reference:
HEALTH AND SAFETY CODE
104395 Child Health Disability Prevention Program expansion
124025-124100 Child Health and Disability Prevention Program, especially:
124040 Establishment of programs; standards for procedures
124085 Certificate of receipt; health screening and evaluation services; waiver by parent or guardian
124100 School districts and private schools; information to parents or guardians of kindergarten children
124105 Hughes Children's Health Enforcement Act


Policy Reference UPDATE Service
Copyright 1999 by California School Boards Association, West Sacramento, California 95691
All rights reserved.

CSBA Sample
Board Policy

Students BP 5141.33

HEAD LICE

Because head lice are not uncommon and are easily spread, the Superintendent or designee shall send information about the treatment and control of head lice to parents/guardians as needed to prevent the spread of infestations. As part of the health curriculum, teachers shall stress the importance of preventive measures.

The Board of Trustees recognizes that responsibility for the treatment of head lice rests with the home. When lice or untreated nits are found, the student shall be sent home as soon as possible with proper parental notification.

(cf. 5112.2 - Exclusions from Attendance)

Staff shall make every effort to maintain the privacy of students identified as having head lice and excluded for treatment.

Legal Reference:
EDUCATION CODE
48210-48214 Persons excluded
49451 Physical examinations: parent's refusal to consent

Policy Reference UPDATE Service
Copyright 1999 by California School Boards Association, West Sacramento, California 95691
All rights reserved.

CSBA Sample
Administrative Regulation

Students AR 5141.33

HEAD LICE


School employees shall report all suspected cases of head lice to the school nurse or designee as soon as possible. The nurse or designee shall examine the student and any siblings of affected students or members of the same household. If nits or lice are found, the student shall be excluded and parents/guardians informed about recommended treatment procedures, ways to check the hair, and sources of further information.

The principal shall send home the notification required by law for excluded students. (Education Code 48213)

If there are more than two students affected in any one classroom, all students in the class shall be examined and information about head lice shall be sent home to all parents/guardians in the class.

Excluded students may return to school when they bring a note from the parent/guardian indicating the treatment used and when reexamination by the nurse or designee shows that all pests and nits have been removed.

Policy Reference UPDATE Service
Copyright 1999 by California School Boards Association, West Sacramento, California 95691
All rights reserved.


CSBA Sample
Board Policy

Students BP 5141.4(a)

CHILD ABUSE REPORTING PROCEDURES


The Board of Trustees recognizes that the district has a responsibility to facilitate the prompt reporting of incidents of child abuse and neglect. The Superintendent or designee shall ensure that parents/guardians have access to procedures whereby they can report suspected child abuse at a school site to appropriate child protective agencies.

(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 5141.41 - Child Abuse Prevention)

The Superintendent or designee shall establish regulations for use by employees in identifying and reporting child abuse.

District employees shall report known or suspected incidences of child abuse in accordance with district regulations and state law. Employees shall fully cooperate with the child protective agencies responsible for reporting, investigating and prosecuting cases of child abuse.

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

The Superintendent or designee shall provide training in child abuse identification and reporting for all certificated personnel.

OPTION 1: (Districts that provide training in child abuse reporting)

The Superintendent or designee shall also provide training in the duties of child abuse identification and reporting to instructional and teacher aides, teacher assistants and other classified employees. (Penal Code 11165.7)

OPTION 2: (Districts that do not provide training in child abuse reporting)

Training in child abuse identification and reporting shall not be provided to instructional and teacher aides, teacher assistants and other classified employees. The Superintendent or designee shall report to the California Department of Education the reasons why such training is not provided to these employees. (Penal Code 11165.7)


BP 5141.4(b)


CHILD ABUSE REPORTING PROCEDURES (continued)

As part of their training in child abuse identification and reporting, employees shall receive written notice of state child abuse reporting requirements and employees' confidentiality rights. (Penal Code 11165.7)

Employees who work with dependent adults shall be notified of legal responsibilities and reporting procedures pursuant to Welfare and Institutions Code 15630-15637.

In order to reduce or eliminate unfounded child abuse accusations directed at school employees, child abuse inservice training shall include guidance in disciplining students and maintaining ethical relationships with them.

(cf. 3514 - Environmental Safety)
(cf. 5142 - Safety)
(cf. 5145.7 - Sexual Harassment)


Legal Reference:
EDUCATION CODE
33308.1 Guidelines on procedure for filing child abuse complaints
44690-44691 Staff development in the detection of child abuse and neglect
48906 Notification when student released to peace officer
PENAL CODE
273a Willful cruelty or unjustifiable punishment of child; endangering life or health
11164-11174.3 Child Abuse and Neglect Reporting Act, especially:
11165-11165.15 Definitions relating to child abuse
11166-11170 Reporting known or suspected cases of child abuse
11172 Immunity from liability
11174.3 Interviewing victim at school
WELFARE AND INSTITUTIONS CODE
600-601.2 Referral to school attendance review board; minors habitually disobedient or truant
15630-15637 Dependent adult abuse reporting
STATUTES OTHER THAN CODE
Chapter 1102, Statutes of 1991, Section 6

Management Resources:
CDE LEGAL ADVISORIES
0514.93 Guidelines for parents to report suspected child abuse by school district employees or other persons against a pupil at school site

Policy Reference UPDATE Service
Copyright 1999 by California School Boards Association, West Sacramento, California 95691
All rights reserved.

CSBA Sample
Administrative Regulation

Students AR 5141.4(a)

CHILD ABUSE REPORTING PROCEDURES


Duty to Report

Certificated employees and classified employees trained in child abuse identification and reporting shall report known or suspected child abuse to a child protective agency by telephone immediately or as soon as practically possible and in writing within 36 hours. The reporting duties are individual and cannot be delegated to another individual except under circumstances set forth in Penal Code 11166.

Definitions

1. "Child Abuse" includes the following:

a. A physical injury inflicted by other than accidental means on a child by another person

b. Sexual abuse of a child

c. Willful cruelty or unjustifiable punishment of a child, or willfully inflicting unjustifiable physical pain or mental suffering, or failure to safeguard a child from these injuries when the child is under a person's care or custody

d. Unlawful corporal punishment or injury resulting in a traumatic condition

e. Neglect of a child or abuse in out-of-home care

2. "Mandated Reporters" are those people defined by law as "child care custodians," "health practitioners," "child visitation monitors" and "employees of a child protective agency." Mandated reporters include virtually all school employees. The following school personnel are required to report:

AR 5141.4(b)


CHILD ABUSE REPORTING PROCEDURES (continued)


Teachers, administrators, supervisors of child welfare and attendance, certificated student personnel employees, employees of a child care institutions, headstart teachers, school psychologists, licensed nurses, counselors, presenters of child abuse prevention programs and
those instructional aides or other classified employees trained in child
abuse reporting.

3. "Child Protective Agencies" are those law enforcement and child protective services responsible for investigating child abuse reports, including the local police or sheriff department, county welfare or juvenile probation department and child protective services.

4. "Reasonable Suspicion" means that it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his/her training and experience, to suspect child abuse. (Penal Code 11166)

Reporting Procedures

1. To report known or suspected child abuse, any employee (as defined above) shall report by telephone to the local child protective agency.



(Name of Child Protective Agency)


(Address and Phone Number)

The telephone report must be made immediately, or as soon as practically possible, upon suspicion. This report will include:

a. The name of the person making the report

b. The name of the child


AR 5141.4(c)


CHILD ABUSE REPORTING PROCEDURES (continued)


c. The present location of the child

d. The nature and extent of any injury

e. Any other information requested by the child protective agency, including the information that led the mandated reporter to suspect child abuse

When the verbal report is made, the mandated reporter shall note the name of the official contacted, the date and time contacted, and any instructions or advice received.

2. Within 36 hours of making the telephone report, the mandated reporter shall complete and mail to the local child protective agency a written report which includes a completed Department of Justice form (DOJ SS 8572).

Mandated reporters may obtain copies of the above form either from the district or the local child protective agency.

Instructions are included on the form, and reporters may ask the site administrator for help in completing and mailing it; however, the mandated reporter is personally responsible for ensuring that the written report is correctly filed.

3. Employees reporting child abuse to a child protective agency are encouraged, but not required, to notify the site administrator or designee as soon as possible after the initial verbal report by telephone. When so notified, the site administrator shall inform the Superintendent or designee.

Administrators so notified shall provide the mandated reporter with any assistance necessary to ensure that reporting procedures are carried out in accordance with law and district regulations. At the mandated reporter's request, the principal may assist in completing and filing these forms.


AR 5141.4(d)


CHILD ABUSE REPORTING PROCEDURES (continued)


If the mandated reporter does not disclose his/her identity to a district administrator, he/she shall at least provide or mail a copy of the written report to the district without his/her signature or name.

Legal Responsibility and Liability

1. Mandated reporters have absolute immunity. School employees required to report are not civilly or criminally liable for filing a required or authorized report of known or suspected child abuse.

2. If a mandated reporter fails to report an instance of child abuse which he/she knows to exist or reasonably should know to exist, he/she is guilty of a misdemeanor punishable by confinement in jail for up to six months, a fine of up to $1,000, or both. The mandated reporter may also be held civilly liable for damages resulting from any injury to the child after a failure to report.

3. When two or more persons who are required to report have joint knowledge of a suspected instance of child abuse, and when they so agree, the telephone report may be made by either of them and a single report made and signed by that person. However, if any person knows or should know that the designated person failed to make the report, that person then has a duty to do so.

4. The duty to report child abuse is an individual duty and no supervisor or administrator may impede or inhibit such reporting duties. Furthermore, no person making such a report shall be subject to any sanction.

Victim Interviews

Upon request, a child protective agency representative may interview a suspected victim of child abuse during school hours, on school premises, concerning a report of suspected child abuse that occurred within the


AR 5141.4(e)


CHILD ABUSE REPORTING PROCEDURES (continued)


child's home. The child shall be given the choice of being interviewed in private or in the presence of any adult school employee or volunteer aide selected by the child. (Penal Code 11174.3)

A staff member or volunteer aide selected by a child may decline to be present at the interview. If the selected person accepts, the principal or designee shall inform him/her, before the interview takes place, of the following legal requirements:

1. The purpose of the selected person's presence at the interview is to lend support to the child and enable him/her to be as comfortable as possible.

2. The selected person shall not participate in the interview.

3. The selected person shall not discuss the facts or circumstances of the case with the child.

4. The selected person is subject to the confidentiality requirements of the Child Abuse and Reporting Act, a violation of which is punishable as specified in Penal Code 11167.5.

If a staff member agrees to be present, the interview shall be held at a time during school hours when it does not involve an expense to the school. (Penal Code 11174.3)

Release of Child to Peace Officer or Child Protective Services Agent

When a child is released to a peace officer or child protective services agent and taken into custody as a victim of suspected child abuse, the Superintendent or designee and/or principal shall not notify the parent/ guardian as required in other instances of removal of a child from school, but rather shall provide the peace officer or agent with the address and telephone number of the child's parent/guardian. It is the responsibility of the peace officer or agent to notify the parent/guardian of the situation. (Education Code 48906)

AR 5141.4(f)


CHILD ABUSE REPORTING PROCEDURES (continued)


Peace officers and child protective services agents will be asked to sign an appropriate release or acceptance of responsibility form.

(cf. 5145.11 - Questioning and Apprehension)

When School Employees are Accused of Child Abuse

Regardless of who child abusers may be, the major responsibilities of mandated reporters are to 1) identify incidents of suspected child abuse, and 2) comply with laws requiring the reporting of suspected abuse to the proper authorities. Determining whether or not the suspected abuse actually occurred is not the responsibility of the school employee. Such determination and follow-up investigation will be made by a child protective agency.

Pending the outcome of an investigation by a child protective agency and before formal charges are filed, the employee may be subject to reassignment or a paid leave of absence.

Upon filing formal charges or upon conviction, the district may take disciplinary action in accordance with law, district policies, regulations and/or collective bargaining agreements. The Superintendent or designee shall seek legal counsel in connection with either the suspension or dismissal of the employee.

(cf. 4117.4 - Dismissal)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

Policy Reference UPDATE Service
Copyright 1999 by California School Boards Association, West Sacramento, California 95691
All rights reserved.

Students BP 5141.41

CHILD ABUSE PREVENTION


Every child has the right to live free of physical and emotional abuse, including neglect and sexual assault. The Board of Trustees recognizes that such abuse has severe consequences for the child, sometimes resulting in the child's own violent behavior or in drug addiction. Schools are in a position to promote the prevention of child abuse and its reoccurrence, and to reduce the general vulnerability of children.

Age-appropriate and culturally-appropriate child abuse prevention curriculum shall be a component of the district's health and safety instruction. This curriculum shall explain students' rights to live free of abuse, inform them of available support resources, and teach them how to obtain help and disclose incidents of abuse. The curriculum also shall include training in self-protection techniques.

The Superintendent or designee shall provide coordinated training for teachers who will use the child abuse prevention curriculum, including instruction in the physical and behavioral indicators of abuse, crisis counseling techniques, community resources, rights and responsibilities to report abuse or neglect, and care for a child's needs after a report is made.

(cf. 5141.4 - Child Abuse Reporting Procedures)

The Superintendent or designee shall seek to incorporate community resources into the schools' child abuse prevention programs. To the extent feasible, the Superintendent or designee shall also use these community resources to provide parents/guardians with instruction in parenting skills and child abuse prevention.

Parents/guardians shall receive prior notice of child abuse prevention instruction whenever such instruction will include family life or sex education for which notification is required by law.

(cf. 1020 - Youth Services)
(cf. 6142.1 - Family Life/Sex Education)


Legal Reference:
WELFARE AND INSTITUTIONS CODE
18975-18979 The Maxine Waters Child Abuse Prevention Training Act of 1984


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students BP 5141.52(a)

SUICIDE PREVENTION


The Board of Trustees recognizes that suicide is a major cause of death among youth and that all suicide threats must be taken seriously. The Superintendent or designee shall establish procedures to be followed when a suicide attempt, threat or disclosure is reported. The district shall also provide students, parents/guardians and staff with education that helps them recognize the warning signs of severe emotional distress and take preventive measures to help potentially suicidal students.

The Superintendent or designee shall incorporate suicide prevention instruction into the curriculum.

The Superintendent or designee shall also offer parent education or information which describes the severity of the youth suicide problem and the district's suicide prevention curriculum. This information shall be designed to help parents/guardians recognize warning signs of suicide, learn basic steps for helping suicidal youth and identify community resources that can help youth in crisis.

Suicide prevention training for certificated and classified staff shall be designed to help staff recognize sudden changes in students' appearance, personality or behavior which may indicate suicidal intentions, help students of all ages develop a positive self-image and a realistic attitude towards potential accomplishments, identify helpful community resources, and follow procedures established by the Superintendent or designee for intervening when a student attempts, threatens or discloses the desire to commit suicide. The training shall be offered under the direction of a trained district counselor/psychologist or in cooperation with one or more community mental health agencies.

(cf. 1020 - Youth Services)
(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)
(cf. 6164.2 - Guidance/Counseling Services)

Staff shall promptly report suicidal threats or statements to the principal or mental health counselor, who shall promptly report the threats or statements to the student's parents/guardians. These statements shall otherwise be kept confidential.

(cf. 5141 - Health Care and Emergencies)


BP 5141.52(b)


SUICIDE PREVENTION (continued)


The Board endorses the use of peer counselors who can provide an effective support system for students who may be uncomfortable communicating with adults. Peer counselors shall first complete the suicide prevention curriculum and demonstrate that they are able to identify the warning signs of suicidal behavior and rapidly refer a suicidal student to appropriate adults.

Legal Reference:
EDUCATION CODE
49602 Confidentiality of student information
49604 Suicide prevention training for school counselors
WELFARE AND INSTITUTIONS CODE
5698 Emotionally disturbed youth; legislative intent

Management Resources:
CDE PUBLICATIONS
Suicide Prevention Program for California Schools, 1987
Health Framework for California Public Schools, 1994

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5141.52(a)

SUICIDE PREVENTION


Curriculum

The district's suicide prevention instruction shall be designed to help students:

1. Understand how feelings of depression and despair can lead to suicide

2. Identify alternatives to suicide and develop new coping skills

3. Recognize the warning signs of suicidal intentions in others

4. Learn to listen, be honest, share feelings and get help when communicating with friends who show signs of suicidal intent

5. Identify community crisis intervention resources where youth can get help

Crisis Intervention Procedures

District procedures to be followed when a suicide attempt, threat or disclosure is reported shall:

1. Ensure the student's short-term physical safety by one of the following, as appropriate:

a. Securing immediate medical treatment if a suicide attempt has occurred

b. Securing police and/or other emergency assistance if a suicidal act is being actively threatened

c. When a suicidal act is less actively threatened but is a serious possibility, keeping the student under continuous adult supervision until the parent/guardian can be contacted and has the opportunity to intervene

d. If an unsuccessful suicide attempt has been reported or threatened, monitoring the student's actions until the

AR 5141.52(b)


SUICIDE PREVENTION (continued)


parent/guardian can be contacted and has the opportunity
to intervene

2. Designate specific individuals to be promptly contacted, including:

a. The school counselor, psychologist, nurse and/or principal

b. The student's parent/guardian

c. As necessary, local police or counseling agencies

3. Set forth one or more plans by which the school can transfer responsibility for the student's welfare to the parent/guardian and/or the appropriate support agent or agency

4. Provide for the timely follow-up by designated school staff regarding the parent/guardian and student's contact with an appropriate support agent or agency


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5141.6(a)

SCHOOL-BASED HEALTH AND SOCIAL SERVICES


Because good physical and mental health is critical to a student's ability to learn, the Board of Trustees believes that all students should have access to comprehensive health and social services. The Board desires to collaborate with local health, mental health and social service providers in order to offer integrated services at or near district schools.

(cf. 1020 - Youth Services)

The district may provide preventive, diagnostic, therapeutic and/or rehabilitative health services on an outpatient basis at school sites. The district shall serve as a Medi-Cal provider to the extent feasible, shall comply with all related legal requirements and may be reimbursed to the extent allowed under the Medi-Cal billing option for local educational agencies.

(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5141.21 - Administering Medication and Monitoring Health Conditions)
(cf. 5141.22 - Infectious Diseases)
(cf. 5141.24 - Specialized Health Care Services)
(cf. 5141.26 - Tuberculosis Testing)
(cf. 5141.3 - Health Examinations)
(cf. 5141.31 - Immunizations)
(cf. 5148 - Child Care and Development)
(cf. 6159 - Individualized Education Program)
(cf. 6164.6 - Identification and Education under Section 504)

Legal Reference: (see next page)

BP 5141.6(b)


SCHOOL-BASED HEALTH AND SOCIAL SERVICES (continued)

Legal Reference:
EDUCATION CODE
8800-8807 Healthy Start support services for children
49423.5 Specialized physical health care services
56340 Meetings to develop, review and revise individualized education programs
GOVERNMENT CODE
95020 Individualized family service plan
WELFARE AND INSTITUTIONS CODE
14132.06 Covered benefits; health services provided by local educational agencies
CODE OF REGULATIONS, TITLE 17
2951 Testing standards
CODE OF REGULATIONS, TITLE 22
51051 Providers of services
51096 Speech pathology
51098 Audiological services
51190.1 Local educational agency eligible beneficiary
51190.2 Local educational agency provider
51190.3 Local educational agency practitioner
51190.4 Local educational agency services
51190.5 Managed care plan
51231.2 Wheelchair van requirements
51270 Local educational agency provider; conditions for participation
51309 Psychology
51323 Medical transportation services
51351 Targeted case management services
51360 Local educational agency; types of services
51491 Local educational agency eligibility for payment
51535.5 Reimbursement to local educational agency providers

Management Resources:
CDE PUBLICATIONS
LEA Medi-Cal Billing Option, 4/25/94
WEB SITES
CDE: http://www.cde.ca.gov
CSBA: http://www.csba.org


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5141.6(a)

SCHOOL-BASED HEALTH AND SOCIAL SERVICES


The following services may be provided to students by the district 22 CCR 51360)

1. Health and mental health evaluation and education, including:

a. Nutritional assessment and nutrition education, consisting of assessments and nonclassroom nutrition education based on the outcome of the nutritional health assessment (diet, feeding, laboratory values and growth)

b. Vision assessment, consisting of examination of visual acuity at the far point conducted by means of the Snellen Test

c. Hearing assessment, consisting of testing for auditory impairment using at-risk criteria and appropriate screening techniques as defined in 17 CCR 2951(c)

d. Developmental assessment, consisting of examination of the developmental level by review of developmental achievement in comparison with expected norms for age and background

e. Assessment of psychosocial status, consisting of appraisal of cognitive, emotional, social and behavioral functioning and self-concept through tests, interviews and behavioral evaluations

f. Health education and anticipatory guidance appropriate to age and health status, consisting of nonclassroom health education and anticipatory guidance based on age and developmentally appropriate health education

(cf. 5141.3 - Health Examinations)

2. Physical therapy, which consists of services as set out in 22 CCR 51309(b) when provided by a local educational agency (LEA) practitioner to an LEA eligible beneficiary

3. Occupational therapy services as set out in 22 CCR 51309(c) when provided by a LEA practitioner to an LEA eligible beneficiary

4. Speech pathology services as defined in 22 CCR 51096 and audiology services as defined in 22 CCR 51098 when provided by a LEA practitioner to an LEA eligible beneficiary


AR 5141.6(b)


SCHOOL-BASED HEALTH AND SOCIAL SERVICES (continued)


5. Psychology and counseling services consisting of diagnosis and psychological counseling of identified mental health, substance abuse, behavioral adjustment or social problems

(cf. 5131.6 - Alcohol and Other Drugs)

6. Preventive and medically necessary nursing services rendered at the school site and services for accompanying the student off campus for health services specified as medically necessary in the individual's Individualized Education Program (IEP), as defined in Education Code 56340, Individualized Family Service Plan (IFSP), as set forth in Government Code 95020 or Individualized Health and Support Plan (IHSP), as set forth in 22 CCR 51535.5

(cf. 5141.26 - Tuberculosis Testing)
(cf. 5141.31 - Immunizations)
(cf. 6159 - Individualized Education Program)

7. School health aide services consisting of the direct provision of specialized physical health care services at the school site and services for accompanying the student off campus for health services specified as medically necessary in the individual's IEP, IFSP or IHSP

Health care aides who provide specialized physical health care services pursuant to Education Code 49423.5 shall be under the supervision of a licensed physician and surgeon, a registered credentialed school nurse or a certified public health nurse. All other
individuals performing health and social services shall provide documented evidence of being licensed, certified, registered or otherwise credentialed to practice in California. They shall provide only those services which are within their appropriate scope of practice. (22 CCR 51190.3, 51270, 51491)

(cf. 5141.24 - Specialized Health Care Services)

8. Medical transportation and associated mileage only on those days when the student receives a Medi-Cal eligible service described in 22 CCR 51323(a) and 51360(b)

9. Targeted case management services for children with an IEP, an IFSP or an IHSP

AR 5141.6(c)


SCHOOL-BASED HEALTH AND SOCIAL SERVICES (continued)


10. Other services which may not be funded by Medi-Cal.

(cf. 5141.32 - Child Health and Disability Prevention Program)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5142(a)

SAFETY


The Board of Trustees places a high priority on safety and on the prevention of student injury. Principals and staff are responsible for the conduct and safety of students from the time they come under school supervision until they leave school supervision, whether on school premises or not. The Superintendent or designee shall establish regulations and procedures as necessary to protect students from dangerous situations.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 3514 - Environmental Safety)
(cf. 3515.2 - Disruptions)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
(cf. 5131.1 - Bus Conduct)
(cf. 5141 - Health Care and Emergencies)
(cf. 5141.1 - Accidents)
(cf. 5142.2 - Crossing Guards)
(cf. 5144 - Discipline)
(cf. 6145.2 - Athletic Competition)
(cf. 6161.3 - Toxic Art Supplies)

Playgrounds

The Board recognizes that playgrounds present children with visible challenges which they may choose to take in order to test their skills and courage. Playground equipment shall be carefully selected and installed, so that while presenting such challenges, it minimizes accidents and present no unseen hazards. Safety shall receive prime consideration whenever playgrounds are planned or upgraded.

The Superintendent or designee shall ensure that playgrounds and other school facilities are regularly inspected and well maintained. The principal or designee shall ensure that playgrounds and other school facilities are adequately supervised whenever in use by students during the school day or at school-sponsored activities. The principal or designee shall establish playground safety rules.

(cf. 6143 - Courses of Study)

Legal Reference: (see next page)


BP 5142(b)


SAFETY (continued)

Legal Reference:
EDUCATION CODE
17280-17315 Approvals (Field Act)
32000-32004 School safety: uniform fire signals
32020 School gates; entrances for emergency vehicles
32030-32034 School eye safety
32040 First aid equipment
32050 Hazing
38139 Missing children; posting of information
44807 Duty of teachers concerning conduct of pupils to hold them accountable for conduct to and from schools, on playgrounds, and during recess
44808 Exemption from liability when students are not on school property
44808.5 Permission for pupils to leave school grounds; notice (high school)
49068.5 Missing children; transfers
49341 Need for safety in school science laboratories
51202 Instruction in personal and public health and safety
GOVERNMENT CODE
810-996.6 California Tort Claims Act, especially:
815 Liability for injuries generally; immunity of public entity
835 Conditions of liability
4450-4458 Access to public buildings by physically handicapped persons
HEALTH AND SAFETY CODE
115725-115750 Playground Equipment
115775-115800 Wooden Playground Safety
PENAL CODE
14200-14213 Violent crime information center
PUBLIC RESOURCES CODE
5411 Purchase of equipment usable by physically handicapped persons
CODE OF REGULATIONS, TITLE 5
202 Exclusion of pupils with a contagious disease
5531 Supervision of social activities
5552 Playground supervision
5570 When school shall be open and teachers present
14103 Bus driver; authority over pupils
CODE OF REGULATIONS, TITLE 24
4-314 Construction on school sites
COURT DECISIONS
Perna v. Conejo Valley Unified School District (1983) 143 Cal. App. 3d 292
Hoyem v. Manhattan Beach City School District (1978) 22 Cal. 3d 508
Dailey v. Los Angeles Unified School District (1970) 2 Cal. 3d 741, 747

Management Resources:
OFFICE OF THE STATE ARCHITECT ADVISORIES
0400.90 Death and Injury from Collapse of Free-Standing Walls


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5142(a)

SAFETY


Supervision

The principal of each school shall ensure that certificated employees, teacher assistants or yard assistants supervise the conduct and safety, and direct the play, of students of the school who are on school grounds before and after school, during recess, and during other intermissions.

Teachers shall be present at their respective rooms and open them to admit students not less than 30 minutes before the time when school starts, or as specified in the collective bargaining agreement.

Safety rules for the use of facilities and equipment shall include as appropriate:

1. Rules on acceptable playground behavior and on the proper use of play apparatus in elementary schools.

2. Rules relating to gymnasium and field areas in high schools.

3. Safety rules clearly posted in chemistry classes.

4. Shop class rules, including the requirement that power equipment never be used without the teacher's presence in the shop. Students must pass safety tests at mastery level before using such equipment, and test results must be kept on record.

School staff shall train students on the above rules and include safety instruction in their lesson plans when appropriate. Copies of the rules shall be sent to parents/guardians and be readily available at the school at all times.

The principal or designee shall:

1. Clearly identify supervision zones on the playground and require that supervisors remain outside at a location from which they can observe their entire zone of supervision.

2. Require that all individuals supervising students remain alert in spotting dangerous conditions and report any such conditions to the principal or designee promptly and in writing.


AR 5142(b)


SAFETY (continued)


3. Establish emergency procedures that ensure swift response to accidents, fighting, and situations that could become dangerous, such as overcrowding or unusual gatherings of students.

The Superintendent or designee shall ensure that teachers, teacher assistants, yard assistants and volunteers who supervise students receive training in the above safety practices and in supervisory techniques which will help them to forestall problems and resolve conflicts.

When determining the ratio of playground supervisors to students, the Superintendent or designee shall consider the size of the playground area, the number of blind spots that are not immediately visible, the age and gender of the students, and the general nature of their behavior.

Release of Student to Adult

Students shall be released during the school day in the custody of an adult only if:

1. The adult is the student's parent/legal guardian.

(cf. 5021 - Noncustodial Parents)

2. The adult has appropriate identification and the verified authorization of the student's parent/legal guardian.

3. The adult is a properly authorized law officer acting in accordance with law.

(cf. 5145.11 - Questioning and Apprehension)

4. The adult is taking the student to emergency medical care, at the request of the principal or designee.

(cf. 5141.4 - Child Abuse Reporting Procedures)

AR 5142(c)


SAFETY (continued)


Eye Protection Devices

The district shall provide eye protection devices in accordance with law.

Staff shall ensure that all students, teachers and visitors wear eye protective devices when they are engaged in or observing an activity or using hazardous substances likely to cause injury to the eyes. (Education Code 32030, 32031)

The Board shall provide a first pair of the eye safety devices required by law at district expense. If these devices are lost or damaged, students and teachers may obtain replacements for an amount not exceeding their actual cost to the district.

Missing Children

In order to enable district staff to assist in locating missing children, the Superintendent or designee shall ensure that Department of Justice information on missing children is posted at every school. In schools maintaining elementary grades, this information shall be posted in areas restricted to adult use. (Education Code 38139)

Elementary school principals are urged to review missing children's pictures whenever a new student enrolls or transfers into the school. (Education Code 49068.5)

Laboratory Safety

The principal of each school offering laboratory work to students shall designate a trained certificated employee as "building laboratory consultant" responsible for reviewing, updating and carrying out the school's procedures for laboratory safety.

Playground Design, Equipment and Maintenance

Teachers, teacher aides, maintenance staff, parents/guardians and students are encouraged to contribute their ideas for making the playground as safe as possible.

AR 5142(d)


SAFETY (continued)


Playgrounds should be designed for ease of supervision and should have:

1. Clearly defined entry and exit routes that lead to and from play areas without crossing other major activities

2. Fences or other barriers limiting vehicle access to play areas

3. Proper water drainage

4. Bicycle racks that are fenced and located where easily visible

5. Safety rules posted at the entrance and near play equipment

Playgrounds shall provide access for the handicapped in accordance with law.

The age, size and ability of the students who will use playground equipment shall determine the choice of equipment, the height of platforms and slides, and the diameter of climbing bars. Par courses and other adult equipment that is inappropriate for student use shall not be placed at elementary schools.

Playground equipment shall be installed by the manufacturer, by the manufacturer's representative, or by district maintenance staff under the direct supervision of the manufacturer's representative. A signed statement shall be secured from the manufacturer's representative stating that the equipment has been properly installed in accordance with the manufacturer's specifications.

The following guidelines shall be observed when playground equipment is installed:

1. Concrete footings shall be kept from six to 12 inches below finished grade.

2. Appropriate cushioning material shall be installed under the equipment before it is used.

a. Except for tetherball poles and basketball standards, playground equipment shall not be installed over blacktop.

AR 5142(e)


SAFETY (continued)


b. Cushioning material shall be placed in all areas where a student might fall when using the equipment.

c. Cushioning material shall be maintained at the depth recommended by the manufacturer, always at least eight inches.

d. Cushioning material shall be resupplied on a regular basis to ensure adequate depth at all times, including vacation breaks.

3. The equipment and its cushioning border shall be set back at least eight feet from other equipment. Swings shall be set back at least two times the crossbar height, both front and back.

4. Funding shall be identified and allocated to replace cushioning material such as sand which is unsanitary with rubberized cushioning materials which are safer and provide for a healthier and more sanitary play environment.

5. Ball boards over six feet high shall be approved by the Office of the State Architect. (24 CCR 4-314)

Maintenance staff shall:

1. Rake cushioning material daily and remove foreign objects.

2. Regularly clean cushioning material from areas surrounding the cushioned area so as to minimize slipping.

3. Regularly inspect playground equipment and fences to ensure that all parts are in good condition.

a. Check wooden structures for holes, cracks, splinters, and possible rot at ground level.

b. Look for protruding nails or sharp edges and repair as needed.


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5142.2

CROSSING GUARDS


The Board of Trustees is concerned about the safety of students as they walk to and from school. The Board desires that crossing guards be provided to help elementary children cross busy streets.

The Superintendent or designee shall periodically examine traffic patterns within elementary school attendance areas in order to identify locations where crossing assistance may be needed.

The Superintendent or designee shall seek reimbursement for the cost of these guards from the city, county, or other sources. If reimbursement is not forthcoming, the cost of providing crossing guards may be included in the district budget.

(cf. 3100 - Budget)

Legal Reference:
EDUCATION CODE
45450 Guards at pedestrian crossings; employment
45451 School crossing guards; reimbursement of districts
49300-49307 School Safety Patrols
VEHICLE CODE
21100 Rules and regulation: subject matter
42200 Fines and forfeitures, disposition by cities
42201 Fines and forfeitures, disposition by counties
CODE OF REGULATIONS, TITLE 5
570-576 School safety patrols

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5142.3

STUDENT USE OF BICYCLES


The Board of Trustees recognizes that bicycle helmets lessen the seriousness of head injuries. The Board expects that students who ride bicycles to and from school will consistently wear bicycle helmets, observe safety laws and rules, and display courtesy toward other riders and pedestrians.

Health and safety instruction and student handbooks shall include information related to state law that requires all minors to wear a properly fitted and fastened bicycle helmet when riding a bicycle on streets or public bicycle paths. The district will cooperate with community groups that provide bicycle safety information to students.

Students are encouraged to use bicycle locks. The district will not be responsible for bicycles which are lost, stolen or damaged.

Legal Reference:
EDUCATION CODE
44808 Exemption from liability when students are not on school property
51202 Instruction in personal and public health and safety
VEHICLE CODE
21212 Bicycle helmets

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students BP 5143(a)

INSURANCE


A group student accident insurance plan shall be made available on a voluntary basis to every student registered in the district. The specific plan shall be approved by the Board of Trustees and shall specify that the insurance agent assume all administrative processes. (Education Code 49470, 49472)

The Board authorizes the distribution of literature concerning voluntary student insurance during the first month of each school year. All communications concerning the insurance shall be directed to the insurance company by the student's parent/guardian.

Students and parents/guardians shall be notified at the beginning of each school year that the district does not provide or make available medical and hospital care or insurance for students who are injured while participating in physical or athletic activities. Exceptions shall be made for athletic team members in accordance with the provisions of state law and board policy. (Education Code 49471)

(cf. 6153 - School-Sponsored Trips)

Nonteam Athletic Activities

Schools shall not permit the following activities on campus by individuals or by groups nor shall school groups be permitted to engage in them:

1. Trampolining

2. Scuba Diving

3. Skateboarding

4. Hang Gliding

5. Free Lance Gymnastic Routines

If the following activities are deemed advisable by individual schools, they may be engaged in under school sponsorship and administrative procedures only if each participant is covered by an insurance policy providing at least the same coverage as that required for interscholastic athletic team members. It is additionally recommended that students provide their own personal insurance coverage before participating in these activities:


BP 5143(b)


INSURANCE (continued)


1. Sailing

2. Water Skiing

3. Snow Trips

4. Bicycling

5. Motorcycling

6. Rifle Club

7. Powder Puff Football

8. Riding Club (Horseback)

9. FFA Rodeo

10. Backpacking

11. Breakdancing (headspin specifically prohibited)

12. Other activities determined by the school principal

The activity sponsor shall verify that each participant has the required coverage. The cost of coverage shall be borne by the students, the student body, or by a combination of both.

(cf. 3514 - Environmental Safety)
(cf. 3530 - Risk Management/Insurance)
(cf. 6145.2 - Athletic Competition)

Athletic Team Members Insurance

Each member of a school athletic team shall be covered by an insurance policy for medical and hospital expenses resulting from accidental bodily injury.

Pursuant to Education Code 32220, "member of an athletic team" also includes:

BP 5143(c)


INSURANCE (continued)


Members of school bands or orchestras, cheerleaders and their assistants, pompon girls, team managers and their assistants, and any student or student selected by the school or student body organization to directly assist in the conduct of the athletic event. Such members shall be covered only while they are being transported by or under the sponsorship or arrangements of the district or a student body organization, to or from a school or other place of instruction and the place at which the athletic event is being conducted.

Pursuant to Education Code 32221, the insurance shall provide the following coverage:

A group or individual medical plan with accidental benefits of a least $200 for each occurrence and major medical coverage of a least $10,000, with no more than $100 deductible and no less than 80% payable for each occurrence.

The insurance shall provide for coverage during the student's:

1. Participation in athletic events sponsored by the district or student body organization

2. Participation in practice for an athletic event

3. Transportation provided by the school district, or under its sponsorship, to and from the school and place for the athletic event

The insurance required by this policy and Education Code 32221 shall not be required of those students who have insurance or a reasonable equivalent of health benefits provided them through other means.

The Board shall make an insurance plan available for purchase by students participating in athletic events as provided by Education Code 32221.

Legal Reference: (see next page)


BP 5143(d)


INSURANCE (continued)


Legal Reference:
EDUCATION CODE
32220-32224 Insurance for athletic teams
33353.5 Interscholastic federation; insurance program; nontransaction of insurance
49470-49474 District medical services and insurance
51760 Insurance - work experience programs
52530 Insurance for healing arts program students

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students BP 5144(a)

DISCIPLINE


The Board of Trustees desires to prepare students for responsible citizenship by fostering self-discipline and personal responsibility. The Board believes that high expectations for student behavior, effective classroom management and parent involvement can minimize the need for discipline. Staff shall use preventative measures and positive conflict resolution techniques whenever possible.

(cf. 5020 - Parent Rights and Responsibilities)
(cf. 5137 - Positive School Climate)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.9 - Hate-Motivated Behavior)
(cf. 6020 - Parent Involvement)

Board policies and regulations shall delineate acceptable student conduct and provide the basis for sound disciplinary practices. Each school shall develop disciplinary rules in accordance with law to meet the school's individual needs.

(cf. 5131 - Conduct)
(cf. 5131.1 - Bus Conduct)

When misconduct occurs, staff shall implement appropriate discipline and attempt to identify and address the causes of the student's behavior. Continually disruptive students may be assigned to alternative programs or removed from school. At all times, the safety of students and staff and the maintenance of an orderly school environment shall be priorities in determining appropriate discipline.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 3515 - Campus Security)
(cf. 3515.3 - District Police Department)
(cf. 3515.4 - Recovery for Property Loss or Damage)
(cf. 4158/4258/4358 - Employee Security)
(cf. 5136 - Gangs)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
(cf. 6164.5 - Student Study Teams)
(cf. 6159.4 - Behavioral Interventions for Special Education Students)
(cf. 6182 - Opportunity School/Class/Program)
(cf. 6184 - Continuation Education)
(cf. 6185 - Community Day School)

Staff shall enforce disciplinary rules fairly, consistently and without discrimination.

(cf. 0410 - Nondiscrimination in District Programs and Activities)


BP 5144(b)


DISCIPLINE (continued)


The Superintendent or designee shall provide professional development as necessary to assist staff in developing classroom management skills and implementing effective disciplinary techniques.

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)

Legal Reference:
CIVIL CODE
1714.1 Parental liability for child's misconduct
EDUCATION CODE
35146 Closed sessions
35291 Rules
35291.5 School-adopted discipline rules
35291.7 School-adopted discipline rules: additional employees
35294-35294.9 School safety plans
37223 Weekend classes
44807.5 Restriction from recess
48630-48644.5 Opportunity schools
48900-48925 Suspension and expulsion
48980-48985 Notification of parents or guardians
49000-49001 Prohibition of corporal punishment
49330-49334 Injurious objects
CODE OF REGULATIONS, TITLE 5
307 Participation in school activities until departure of bus
353 Detention after school

Management Resources:
CSBA PUBLICATIONS
Protecting Our Schools: Board of Trustees Strategies to Combat School Violence, 1995
revised 1999
CDE PROGRAM ADVISORIES
1010.89 Physical Exercise as Corporal Punishment, CIL 89/9-3
1223.88 Corporal Punishment, CIL: 88/9-5
WEB SITES
CDE: http://www.cde.ca.gov
USDE: http://www.ed.gov


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5144(a)

DISCIPLINE


Site-Level Rules

Rules for student discipline shall be developed at each school site. In developing these rules, each school shall solicit the participation, views and advice of one representative selected by each of the following groups: (Education Code 35291.5)

1. Parents/guardians

2. Teachers

3. School administrators

4. School security personnel, if any

5. For middle and high schools, students enrolled in the school

The final version of the rules shall be adopted by a panel comprised of the principal or designee and a representative selected by classroom teachers employed at the school. The rules shall be consistent with law, Board of Trustees policy and district regulations. Each school shall file a copy of the rules with the Superintendent or designee and Board. (Education Code 35291.5)

These rules shall be revised as necessary and shall undergo the site-level review and adoption process at least every four years. (Education Code 35291.5)

(cf. 0450 - Comprehensive Safety Plan)

Disciplinary strategies provided in Board policy, regulation and law may be used in developing site-level rules. These strategies include but are not limited to:

1. Referral of the student for guidance and counseling

(cf. 6164.2 - Guidance/Counseling Services)

AR 5144(b)


DISCIPLINE (continued)


2. Discussion or conference with parents/guardians

(cf. 5020 - Parent Rights and Responsibilities)
(cf. 6020 - Parent Involvement)

3. Recess restriction

4. Detention during and after school hours

5. Community service

6. Reassignment to an alternative educational environment

(cf. 6158 - Independent Study)
(cf. 6181 - Alternative Schools)
(cf. 6182 - Opportunity School/Class/Program)
(cf. 6184 - Continuation Education)
(cf. 6185 - Community Day School)

7. Removal from the class in accordance with Board policy, administrative regulation and law

8. Suspension and expulsion

(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

Corporal Punishment

Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of, or willfully causing the infliction of, physical pain on a student. (Education Code 49001)

For purposes of this policy, corporal punishment does not include an employee's use of force that is reasonable and necessary to protect the employee, students, staff or other persons or to prevent damage to property. (Education Code 49001)


AR 5144(c)


DISCIPLINE (continued)


Recess Restriction

A teacher may restrict a student's recess time when he/she believes that this action is the most effective way to bring about improved behavior, subject to the following conditions:

1. The student shall be given adequate time to use the restroom and get a drink or eat lunch, as appropriate.

2. The student shall remain under a certificated employee's supervision during the period of restriction.

3. Teachers shall inform the principal of any recess restrictions they impose.

Detention After School


Students may be detained for disciplinary reasons up to one hour after the close of the maximum school day. (5 CCR 353)

If a student will miss his/her school bus on account of being detained after school, or if the student is not transported by school bus, the principal or designee shall notify parents/guardians of the detention at least one day in advance so that alternative transportation arrangements may be made. The student shall not be detained unless the principal or designee speaks to the parent/guardian.

In cases where the school bus departs more than one hour after the end of the school day, students may be detained until the bus departs. (5 CCR 307, 353)

Students shall remain under the supervision of a certificated employee during the period of detention.

Students may be offered the choice of serving their detention on Saturday rather than after school.

(cf. 6176 - Weekend/Saturday Classes)

AR 5144(d)


DISCIPLINE (continued)

Community Service

Except when suspension or expulsion is required by law, the Superintendent, principal or principal's designee, at his/her discretion, may require a student to perform community service on school grounds during nonschool hours instead of imposing other disciplinary action. Such service may include, but is not limited to, outdoor beautification, campus betterment, and teacher or peer assistance programs. (Education Code 48900.6)

Notice to Parents/Guardians and Students

At the beginning of the school year, the Superintendent or designee shall notify parents/guardians, in writing, about the availability of district rules related to discipline. (Education Code 35291)

In addition, at the beginning of each school year, the principal or designee shall notify students and parents/guardians, in writing, regarding school rules related to discipline. Transfer students and their parents/guardians shall receive such notice upon enrollment. (Education Code 35291.5)

(cf. 5145.6 - Parental Notifications)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5144.1(a)

SUSPENSION AND EXPULSION/DUE PROCESS


The Board of Trustees has established policies and standards of behavior in order to promote learning and protect the safety and well-being of all students. When these policies and standards are violated, it may be necessary to suspend or expel a student from regular classroom instruction.

(cf. 5144 - Discipline)

Suspended or expelled students shall be excluded from all school-related extracurricular activities during the period of suspension or expulsion.

(cf. 6145 - Extracurricular and Cocurricular Activities)

Except where suspension for a first offense is warranted in accordance with law, suspension shall be imposed only when other means of correction fail to bring about proper conduct. (Education Code 48900.5)

Expulsion is an action taken by the Board for severe or prolonged breaches of discipline by a student. Except for single acts of a grave nature, expulsion is used only when there is a history of misconduct, when other forms of discipline, including suspension, have failed to bring about proper conduct, or when the student's presence causes a continuing danger to him/herself or others. (Education Code 48915)

The grounds for suspension and expulsion and the procedures for considering, recommending and/or implementing suspension and expulsion shall be specified in administrative regulation.

Zero Tolerance

The Board supports a zero tolerance approach to serious offenses. This approach makes the removal of potentially dangerous students from the classroom a top priority. It ensures fair and equal treatment of all students and requires that all offenders be punished to the fullest extent allowed by law. Staff shall immediately report to the Superintendent or designee any incidence of offenses specified in law, Board policy and administrative regulation as cause for suspension or expulsion.

The Superintendent or designee shall notify staff, students and parents/ guardians about the district's zero tolerance policy and the consequences which may result from student offenses. He/she shall also ensure strict enforcement of this policy.

BP 5144.1(b)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


Student Due Process

The Board shall provide for the fair and equitable treatment of students facing suspension and expulsion by affording them their due process rights under the law. The Superintendent or designee shall comply with procedures for notices and appeals as specified in administrative regulation and law. (Education Code 48911, 48915, 48915.5)

(cf. 5119 - Students Expelled from Other Districts)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Individuals with Disabilities))

On-Campus Suspension Program

The Board recognizes that students who are suspended from school often have no supervision or guidance during the school hours when they are off campus and may fall behind in the coursework. The Board believes that, in many cases, it would be better to manage the student's behavior by keeping the student at school and providing him/her with supervision that is separated from the regular classroom.

The Superintendent or designee shall establish a supervised in-house suspension program which meets the requirements of law for suspended students who pose no imminent danger or threat at school and for whom an expulsion action has not been initiated.

The Superintendent or designee shall examine alternatives to off-campus suspension and may establish a suspension program which involves progressive discipline during the school day on campus; use of conferences between staff, parents/guardians and students; detention; student study teams or other assessment-related teams; and/or referral to school support services staff. The use of such alternatives does not preclude off-campus suspensions.

Required Parental Attendance

The Board believes that parental involvement plays an important role in the resolution of classroom behavior problems. The Board expects that teachers will communicate with parents/guardians when behavior problems arise.

Whenever a student is removed from a class because he/she committed an obscene act, engaged in habitual profanity or vulgarity, disrupted school activities or otherwise willfully defied valid staff authority, the teacher of the


BP 5144.1(c)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


class from which the student was removed may provide that the student's parent/guardian attend a portion of a school day in that class. After completing the classroom visit and before leaving school premises, the parent/guardian also shall meet with the principal or designee. (Education Code 48900.1)

The Board encourages teachers, before requiring parental attendance, to make reasonable efforts to have the parent/guardian visit the class voluntarily. The teacher also may inform the parent/guardian about available resources and parent education opportunities. Teachers should reserve the option of required parental attendance for cases in which they have determined that it is the best strategy to promote positive interaction between the student and the parent/guardian and to improve classroom behavior.

The teacher shall apply this policy uniformly to all students within the classroom. This policy shall apply only to a parent/guardian who lives with the student. (Education Code 48900.1)

Parental attendance may be requested on the day the student returns to class or within one week thereafter. The principal or designee shall contact any parents/guardians who do not respond to the request to attend school. The Board recognizes that parental compliance with this policy may be delayed, modified or prevented for reasons such as serious illness/injury/disability, absence from town, or inability to get release time from work.

District regulations and school-site rules for student discipline shall include procedures for implementing parental attendance requirements.

Decision not to Enforce Expulsion Order

In cases where expulsion is mandatory pursuant to Education Code 48915(c), the enforcement of an expulsion order shall not be suspended by the Board. In all other cases of expulsion, the order for expulsion may be suspended by the Board, on case-by-case basis, pursuant to the requirements of law.

Legal Reference: (see next page)

BP 5144.1(d)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)

Legal Reference:
EDUCATION CODE
212.5 Sexual harassment
233 Hate violence reduction
1981 Enrollment of students
17292.5 Program for expelled students
35146 Closed sessions (re suspensions)
35291 Rules (for government and discipline of schools)
35291.5 Rules and procedures on school discipline
48660-48666 Community day schools
48900-48926 Suspension and expulsion
48950 Speech and other communication
49073-49079 Privacy of student records
CODE OF CIVIL PROCEDURE
1985-1997 Subpoenas; means of production
GOVERNMENT CODE
11525 Contempt
54950-54962 Ralph M. Brown Act (re closed sessions)
HEALTH AND SAFETY CODE
11014.5 Drug paraphernalia
11053-11058 Standards and schedules
LABOR CODE
230.7 Discharge or discrimination against employee for taking time off to appear in school on behalf of a child
PENAL CODE
240 Assault defined
242 Battery defined
243.4 Sexual battery
245 Assault with deadly weapon
261 Rape defined
266c Unlawful sexual intercourse
286 Sodomy defined
288 Lewd or lascivious acts with child under age 14
288a Oral copulation
289 Penetration of genital or anal openings
417.25 Laser scope
422.6 Interference with civil rights; damaging property
422.7 Aggravating factors for punishment
422.75 Protected classes
626.2 Entry upon campus after written notice of suspension or dismissal without permission
626.9 Gun-Free School Zone Act of 1995
626.10 Dirks, daggers, knives, razors or stun guns
868.5 Supporting person; attendance during testimony of witness


Legal Reference continued: (see next page)


BP 5144.1(e)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)

Legal Reference Continued:
UNITED STATES CODE, TITLE 20
6301-8962 Improving America's Schools Act, especially:
8921-8922 Gun-Free Schools Act of 1994
COURT DECISIONS
Garcia v. Los Angeles Board of Education (1991) 123 Cal.App.3d 807
Fremont Union High School District v. Santa Clara County Board (1991) 235 Cal. App. 3d 1182
John A. v. San Bernardino School District (1982) 33 Cal. 3d 301, 308
ATTORNEY GENERAL OPINIONS
81 Ops.Cal.Atty.Gen. 264 (1998)
80 Ops.Cal.Atty.Gen. 347 (1997)
80 Ops.Cal.Atty.Gen. 91 (1997)
80 Ops.Cal.Atty.Gen. 85 (1997)

Management Resources:
CDE PROGRAM ADVISORIES
0306.96 Expulsion Policies and Educational Placements, SPB 95/96-04


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5144.1(a)

SUSPENSION AND EXPULSION/DUE PROCESS


Definitions

Suspension from school means removal of a student from ongoing instruction for adjustment purposes. However, suspension does not mean any of the following: (Education Code 48925)

1. Reassignment to another education program or class at the same school where the student will receive continuing instruction for the length of day prescribed by the Board of Trustees for students of the same grade level

2. Referral to a certificated employee designated by the principal to advise students

3. Removal from the class, but without reassignment to another class or program, for the remainder of the class period without sending the student to the principal or designee as provided in Education Code 48910. Removal from a particular class shall not occur more than once every five school days.

Expulsion means removal of a student from the immediate supervision and control, or the general supervision, of school personnel. (Education Code 48925)

Day means a calendar day unless otherwise specifically provided. (Education Code 48925)

School day means a day upon which the schools of the district are in session or weekdays during the summer recess. (Education Code 48925)

Student includes a student's parent/guardian or legal counsel. (Education Code 48925)

Principal's designee means one or more administrators or, if there is not a second administrator at one school site, a certificated person specifically designated by the principal, in writing, to assist with disciplinary procedures. Only one such person may be designated at anytime as the principal's primary designee and only one such person may be designated as secondary designee for the school year. The names of such persons shall be on file in the principal's office. (Education Code 48911)

AR 5144.1(b)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


Notice of Regulations

At the beginning of each school year, the principal of each school shall ensure that all students and parents/guardians are notified in writing of all school rules related to discipline, suspension and expulsion. Transfer students and their parents/guardians shall be notified at the time of enrollment. (Education Code 35291.5, 48900.1, 48980)

(cf. 5144 - Discipline)

Notification shall include information about the availability of individual school rules and all district policies and regulations pertaining to student discipline. (Education Code 35291)

(cf. 5145.6 - Parental Notifications)

Grounds for Suspension and Expulsion

A student may be subject to suspension or expulsion when it is determined that he/she:

1. Caused, attempted to cause, or threatened to cause physical injury to another person or willfully used force or violence upon the person of another, except in self-defense (Education Code 48900(a))

2. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the principal or designee's concurrence (Education Code 48900(b))

(cf. 5131.7 - Weapons and Dangerous Instruments)

3. Unlawfully possessed, used, sold, or otherwise furnished, or was under the influence of, any controlled substance as defined in Health and Safety Code 11053-11058, alcoholic beverage, or intoxicant of any kind (Education Code 48900(c))

(cf. 5131.6 - Alcohol and Other Drugs)

AR 5144.1(c)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


4. Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid, substance or material and represented same as controlled substance, alcohol beverage or intoxicant (Education Code 48900(d))

5. Committed or attempted to commit robbery or extortion (Education Code 48900(e))

6. Caused or attempted to cause damage to school property or private property (Education Code 48900(f))

7. Stole or attempted to steal school property or private property (Education Code 48900(g))

8. Possessed or used tobacco or any products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. This restriction shall not prohibit a student from using or possessing his/her own prescription products. (Education Code 48900(h))

9. Committed an obscene act or engaged in habitual profanity or vulgarity (Education Code 48900(i))

10. Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code 11014.5 (Education Code 48900(j))

11. Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, other school officials, or other school personnel engaged in the performance of their duties (Education Code 48900(k))

12. Knowingly received stolen school property or private property (Education Code 48900(l))

AR 5144.1(d)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


13. Possessed an imitation firearm, i.e., a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm (Education Code 48900(m))

14. Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c, 286, 288, 288a or 289, or committed a sexual battery as defined in Penal Code 243.4 (Education Code 48900(n))

15. Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness (Education Code 48900(o))

16. Made terrorist threats against school officials and/or school property (Education Code 48900.7)

A student in grades 4 through 12 is also subject to suspension or recommendation for expulsion when it is determined that he/she:

17. Committed sexual harassment as defined in Education Code 212.5 (Education Code 48900.2)

(cf. 5145.7 - Sexual Harassment)

18. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in Education Code 233 (Education Code 48900.3)

19. Intentionally harassed, threatened or intimidated a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading student rights by creating an intimidating or hostile educational environment (Education Code 48900.4)

(cf. 5145.3 - Nondiscrimination/Harassment)


AR 5144.1(e)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


A student may be suspended or expelled for any of the acts listed above if the act is related to school activity or school attendance occurring at any district school under the jurisdiction of the Superintendent or principal or within any other school district, including but not limited to the following circumstances: (Education Code 48900)

1. While on school grounds

2. While going to or coming from school

3. During the lunch period, whether on or off the school campus

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

Alternatives to suspension or expulsion will be used with students who are truant, tardy, or otherwise absent from assigned school activities.

(cf. 5113 - Absences and Excuses)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Individuals with Disabilities))

Removal from Class by a Teacher/Parental Attendance

A teacher may suspend any student from his/her class for the remainder of the day and the following day for any act listed in "Grounds for Suspension and Expulsion" above. (Education Code 48910)

A teacher also may refer a student to the principal or designee for consideration of suspension from school. (Education Code 48910)

When removing a student from his/her class, the teacher shall immediately report this action to the principal and send the student to the principal for appropriate action. The student shall be appropriately supervised during the class periods from which he/she has been removed.

As soon as possible, the teacher shall ask the student's parent/guardian to attend a parent-teacher conference regarding the removal. A counselor or psychologist should attend the conference if it is practicable, and a school administrator may attend if either the parent/guardian or teacher so requests.


AR 5144.1(f)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


A student removed from class shall not be returned to class during the period of removal without the approval of the teacher of the class and the principal. (Education Code 48910)

A student removed from class shall not be placed in another regular class during the period of removal. However, if a student is assigned to more than one class per day, he/she may be placed in any other regular classes except those held at the same time as the class from which the student was removed. (Education Code 48910)

The teacher of any class from which a student is removed may require the student to complete any assignments and tests missed during the removal. (Education Code 48913)

Pursuant to Board policy, a teacher may provide that the parent/guardian of a student whom the teacher has removed attend a portion of a school day in his/her child's classroom. When a teacher makes this request, the principal shall send the parent/guardian a written notice that the parent/guardian's attendance is requested pursuant to law. (Education Code 48900.1)

This notice shall also:

1. Inform the parent/guardian when his/her presence is expected and by what means he/she may arrange an alternate date

2. Describe the legal protections afforded to the parent/guardian as an employee under Labor Code 230.7

3. State that if the parent/guardian does not have a means of transportation to school, he/she may ride the school bus with the student

4. Ask the parent/guardian to meet with the principal after the visit and before leaving school, as required by Education Code 48900.1

Suspension by Superintendent, Principal or Principal's Designee

The Superintendent, principal or principal's designee may suspend a student from a school for not more than five consecutive school days unless the suspension is extended pending expulsion. (Education Code 48911)


AR 5144.1(g)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


The Superintendent or designee shall immediately suspend any student found at school or at a school activity to be: (Education Code 48915)

1. Possessing, as verified by a district employee, or selling or otherwise furnishing a firearm, unless the student had obtained prior written permission to possess the item from a certificated school employee, with the principal or designee's concurrence

2. Brandishing a knife, as defined in Education Code 48915(g), at another person

3. Unlawfully selling a controlled substance listed in Health and Safety Code 11053-11058

4. Committing or attempting to commit a sexual assault or committing a sexual battery as defined in item #14 under "Grounds for Suspension and Expulsion" above

Suspension also may be imposed upon a first offense if the Superintendent, principal or designee determines the student violated items #1-5 listed in "Grounds for Suspension and Expulsion" above or if the student's presence causes a danger to persons or property or threatens to disrupt the instructional process. (Education Code 48900.5)

A student may be suspended from school for not more than 20 school days in any school year, unless for purposes of adjustment a student enrolls in or is transferred to another regular school, an opportunity school, or continuation school or class, in which case suspension shall not exceed 30 days in any school year. However, this restriction on the number of days of suspension does not apply when the suspension is extended pending an expulsion. (Education Code 48903, 48912)

The Superintendent or designee may count suspensions that occur while a student is enrolled in another school district toward the maximum number of days for which a student may be suspended in any school year. (Education Code 48903)

Suspensions shall be initiated according to the following procedures:


AR 5144.1(h)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


1. Informal Conference: Suspension shall be preceded by an informal conference conducted by the principal, designee or the Superintendent with the student and, whenever practicable, the teacher, supervisor or school employee who referred the student to the principal. At the conference, the student shall be informed of the reason for the disciplinary action and the evidence against him/her; the student shall be given the opportunity to present his/her version and evidence in support of his/her defense. (Education Code 48911(b))

This conference may be omitted if the principal, designee or the Superintendent determines that an emergency situation exists. An "emergency situation" involves a clear and present danger to the lives, safety or health of students or school personnel. If a student is suspended without this conference, both the parent/guardian and student shall be notified of the student's right to return to school for the purpose of a conference. The conference shall be held within two school days, unless the student waives his/her right to it or is physically unable to attend for any reason. In such case, the conference shall be held as soon as the student is physically able to return to school. (Education Code 48911(c))

2. Administrative Actions: All requests for student suspension are to be processed by the principal or designee of the school in which the student is enrolled at the time of the misbehavior.

A school employee shall report the suspension, including the name of the student and the cause for the suspension, to the Superintendent or designee.

3. Notice to Parents/Guardians: At the time of the suspension, a school employee shall make a reasonable effort to contact the parent/guardian by telephone or in person. Whenever a student is suspended, the parent/guardian shall be notified in writing of the suspension. (Education Code 48911)

This notice shall state the specific offense committed by the student. (Education Code 48900.8).

AR 5144.1(i)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


In addition, the notice may also state the date and time when the student may return to school. If school officials wish to ask the parent/guardian to confer regarding matters pertinent to the suspension, the notice may add that state law requires the parent/guardian to respond to such requests without delay.

4. Parent/Guardian Conference: Whenever a student is suspended, school officials may meet with the parent/guardian to discuss the causes and duration of the suspension, the school policy involved and any other pertinent matter. (Education Code 48914)

While the parent/guardian is required to respond without delay to a request for a conference about a student's behavior, no penalties may be imposed on the student for the failure of the parent/guardian to attend such a conference. The student may not be denied readmission solely because the parent/guardian failed to attend. (Education Code 48911)

5. Extension of Suspension: If the Board is considering the expulsion of a suspended student from any school or the suspension of a student for the balance of the semester from continuation school, the Superintendent or designee may, in writing, extend the suspension until such time as the Board has made a decision. (Education Code 48911(g))

Any extension of the original period of suspension shall be preceded by notice of such extension with an offer to hold a conference concerning the extension, giving the student an opportunity to be heard. This conference may be held in conjunction with a meeting requested by the student or parent/guardian to challenge the original suspension. Extension of the suspension may be made only if the Superintendent or designee determines, following a meeting in which the student and the student's parent/guardian were invited to participate, that the student's presence at the school or at an alternative school would endanger persons or property or threaten to disrupt the instructional process. (Education Code 48911)


AR 5144.1(j)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


Suspension by the Board

The Board may suspend a student for any of the acts listed in "Grounds for Suspension and Expulsion" above and within the limits specified in "Suspension by Superintendent, Principal or Principal's Designee" above. (Education Code 48912)

The Board may suspend a student enrolled in a continuation school or class for a period not longer than the remainder of the semester if any of the acts listed in "Grounds for Suspension and Expulsion" occurred. The suspension shall meet the requirements of Education Code 48915. (Education Code 48912.5)

When the Board is considering a suspension, disciplinary action or any other action (except expulsion) against any student, it shall hold closed sessions if a public hearing would lead to disclosure of information violating a student's right to privacy under Education Code 49073-49079.

(cf. 9321 - Closed Session Purposes and Agendas)

The Board shall provide the student and his/her parent/guardian with written notice of the closed session by certified mail. Upon receiving this notice, the student or parent/guardian may request a public meeting,
and this request shall be granted if made in writing within 48 hours after receipt of the Board's notice. However, any discussion that conflicts with any other student's right to privacy still shall be held in closed session. (Education Code 35146, 48912)

On-Campus Suspension Program

Students for whom an expulsion action has not been initiated and who pose no imminent danger or threat to the school may be assigned to a separate, supervised suspension classroom for the entire period of suspension. The following conditions shall apply: (Education Code 48911.1)

1. The supervised suspension classroom shall be staffed in accordance with law.

AR 5144.1(k)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


2. The student shall have access to appropriate counseling services.

3. The supervised suspension classroom shall promote completion of schoolwork and tests missed by the student during the suspension.

4. Each student shall be responsible for contacting his/her teacher(s) to receive assignments to be completed in the supervised suspension classroom. The teacher shall provide all assignments and tests that the student will miss while suspended. If no such work is assigned, the person supervising the suspension classroom shall assign schoolwork.

At the time a student is assigned to a supervised suspension classroom, the principal or designee shall notify the student's parent/guardian in person or by telephone. When the assignment is for longer than one class period, this notification shall be made in writing. (Education Code 48911.1)

Authority to Expel

A student may be expelled only by the Board. The Board shall expel, as required by law, any student found to have committed certain offenses listed below under "Mandatory Recommendation and Mandatory Expulsion."

The Board may also order a student expelled for any of the acts listed above under "Grounds for Suspension and Expulsion" upon recommendation by the principal, Superintendent, hearing officer or administrative panel, based on finding either or both of the following: (Education Code 48915(b) and (e))

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 student causes a continuing danger to the physical safety of the student or others

AR 5144.1(l)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


Mandatory Recommendation for Expulsion

Unless the principal, Superintendent or designee finds that expulsion is inappropriate due to particular circumstances, the principal, Superintendent or designee shall recommend a student's expulsion for any of the following acts: (Education Code 48915(a))

1. Causing serious physical injury to another person, except in self-defense

2. Possession of any knife as defined in Education Code 48915(g), explosive or other dangerous object of no reasonable use to the student

3. Unlawful possession of any controlled substance, as listed in Health and Safety Code 11053-11058, except for the first offense for the possession of not more than one ounce of marijuana, other than concentrated cannabis

4. Robbery or extortion

5. Assault or battery, as defined in Penal Code 240 and 242, upon any school employee

Mandatory Recommendation and Mandatory Expulsion

The principal, Superintendent or designee shall recommend that the Board expel any student found at school or at a school activity to be: (Education Code 48915(c))

1. Possessing, as verified by a district employee, or selling or otherwise furnishing a firearm, unless the student had obtained prior written permission to possess the item from a certificated school employee, with the principal or designee's concurrence

2. Brandishing a knife as defined in Education Code 48915(g) at another person

3. Unlawfully selling a controlled substance listed in Health and Safety Code 11053-11058


AR 5144.1(m)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


4. Committing or attempting to commit a sexual assault or committing a sexual battery as defined in item #14 under "Grounds for Suspension and Expulsion" above

Upon finding that the student committed any of the above acts, the Board shall expel the student. (Education Code 48915)

Student's Right to Expulsion Hearing

The student is entitled to a hearing to determine whether the student should be expelled. The hearing shall be held within 30 school days after the principal or Superintendent or designee determines that one of the acts listed under "Grounds for Suspension and Expulsion" has occurred. (Education Code 48918(a))

The student is entitled to one postponement of an expulsion hearing for a period of not more than 30 calendar days. The request for postponement shall be in writing. Any subsequent postponement may be granted at the Board's discretion. (Education Code 48918(a))

If the Board finds it impractical during the school year to comply with these time requirements for conducting an expulsion hearing, the Superintendent or designee may, for good cause, extend the time period by an additional five school days. Reasons for the extension shall be included as a part of the record when the expulsion hearing is held. (Education Code 48918(a))

If the Board finds it impractical to comply with the time requirements of the expulsion hearing due to a summer recess of Board meetings of more than two weeks, the days during the recess shall not be counted as school days. The days not counted during the recess may not exceed 20 school days, as defined in Education Code 48925. Unless the student requests in writing that the expulsion hearing be postponed, the hearing shall be held not later than 20 calendar days prior to the first day of the next school year. (Education Code 48918(a)).


AR 5144.1(n)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


Once the hearing starts, all matters shall be pursued with reasonable diligence and concluded without unnecessary delay. (Education Code 48918(a))

Rights of Complaining Witness

An expulsion hearing involving allegations of sexual assault or sexual battery may be postponed for one school day in order to accommodate the special physical, mental or emotional needs of a student who is the complaining witness. (Education Code 48918.5)

Whenever the Superintendent or designee recommends an expulsion hearing that addresses allegations of sexual assault or sexual battery, he/she shall give the complaining witness a copy of the district's suspension and expulsion policy and regulation and shall advise the witness of his/her right to: (Education Code 48918.5)

1. Receive five days' notice of his/her scheduled testimony at the hearing

2. Have up to two adult support persons of his/her choosing present in the hearing at the time he/she testifies

3. Have a closed hearing during the time he/she testifies

Whenever any allegation of sexual assault or sexual battery is made, the Superintendent or designee shall immediately advise complaining witnesses and accused students to refrain from personal or telephone contact with each other during the time when an expulsion process is pending. (Education Code 48918.5)

Written Notice of the Expulsion Hearing

Written notice of the hearing shall be forwarded to the student and the student's parent/guardian at least 10 calendar days before the date of the hearing. The notice shall include: (Education Code 48900.8, 48918(b))

1. The date and place of the hearing

2. A statement of the specific facts, charges and offense upon which the proposed expulsion is based

AR 5144.1(o)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


3. A copy of district disciplinary rules which relate to the alleged violation

4. Notification of the student's or parent/guardian's obligation, pursuant to Education Code 48915.1, to provide information about the student's status in the district to any other district in which the student seeks enrollment. This obligation applies when a student is expelled for acts other than those described in Education Code 48915(a) or (c).

(cf. 5119 - Students Expelled from Other Districts)

5. The opportunity for the student or the student's parent/guardian to appear in person or to employ and be represented by counsel

6. The right to inspect and obtain copies of all documents to be used at the hearing

7. The opportunity to confront and question all witnesses who testify at the hearing

8. The opportunity to question all evidence presented and to present oral and documentary evidence on the student's behalf, including witnesses

Conduct of Expulsion Hearing

1. Closed Session: Notwithstanding the provisions of Government Code 54953 and Education Code 35145, the Board shall conduct a hearing to consider the expulsion of the student in a session closed to the public unless the student requests in writing at least five days prior to
the hearing that the hearing be a public meeting. If such request is made, the meeting shall be public unless another student's privacy rights would be violated.

Whether the expulsion hearing is held in closed or public session, the Board may meet in closed session to deliberate and determine whether or not the student should be expelled. If the Board admits any other person to this closed session, the parent/guardian, the student, and the counsel of the student shall also be allowed to attend the closed session. (Education Code 48918(c))


AR 5144.1(p)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


If a hearing that involves a charge of sexual assault or sexual battery is to be conducted in public, a complaining witness shall have the right to have his/her testimony heard in closed session when testifying in public would threaten serious psychological harm to the witness and when there are no alternative procedures to avoid the threatened harm, including but not limited to videotaped deposition or contemporaneous examination in another place communicated to the hearing room by closed-circuit television. (Education Code 48918(c))

2. Record of Hearing: A record of the hearing shall be made and may be maintained by any means, including electronic recording, as long as a reasonably accurate and complete written transcription of the proceedings can be made. (Education Code 48918(g))

3. Subpoenas: Before commencing a student expulsion hearing, the Board may issue subpoenas, at the request of either the student or the Superintendent or designee, for the personal appearance at the hearing of any person who actually witnessed the action that gave rise to the recommendation for expulsion. After the hearing has commenced, the Board or the hearing officer or administrative panel
may issue such subpoenas at the request of the student or the County Superintendent of Schools or designee. All subpoenas shall be issued in accordance with the Code of Civil Procedure 1985-1985.2 and enforced in accordance with Government Code 11525. (Education Code 48918(i))

Any objection raised by the student or the Superintendent or designee to the issuance of subpoenas may be considered by the Board in closed session, or in open session if so requested by the student, before the meeting. The Board's decision in response to such an objection shall be final and binding. (Education Code 48918(i))

If the Board determines, or if the hearing officer or administrative panel finds and submits to the Board, that a witness would be subject to unreasonable risk of harm by testifying at the hearing, a subpoena shall not be issued to compel the personal attendance of that witness at the hearing. However, that witness may be compelled to testify by means of a sworn declaration as described in item #4 below. (Education Code 48918(i))


AR 5144.1(q)

SUSPENSION AND EXPULSION/DUE PROCESS (continued)


4. Presentation of Evidence: While technical rules of evidence do not apply to expulsion hearings, evidence may be admitted and used as proof only if it is the kind of evidence on which reasonable persons can rely in the conduct of serious affairs. The decision of the Board to expel must be supported by substantial evidence that the student committed any of the acts listed in "Grounds for Suspension and Expulsion" above.

Findings of fact shall be based solely on the evidence at the hearing. While no evidence shall be based solely on hearsay, sworn declarations may be admitted as testimony from witnesses whose disclosure of their identity or testimony at the hearing may subject them to an unreasonable risk of physical or psychological harm. (Education Code 48918(f) and (h))

In cases where a search of a student's person or property has occurred, evidence describing the reasonableness of the search shall be included in the hearing record.

(cf. 5145.12 - Search and Seizure)

5. Testimony by Complaining Witnesses: The following procedures shall be observed when hearings involve allegations of sexual assault or sexual battery by a student: (Education Code 48918)

a. Any complaining witness shall be given five days' notice before being called to testify.

b. Any complaining witness shall be entitled to have up to two adult support persons, including but not limited to a parent/guardian or legal counsel, present during his/her testimony.

c. Before a complaining witness testifies, support persons shall be admonished that the hearing is confidential.

d. The person presiding over the hearing may remove a support person whom he/she finds is disrupting the hearing.

AR 5144.1(r)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


e. If one or both support persons are also witnesses, the hearing shall be conducted according to Penal Code 868.5.

f. Evidence of specific instances of prior sexual conduct of a complaining witness shall be presumed inadmissible and shall not be heard unless the person conducting the hearing determines that extraordinary circumstances require the evidence to be heard. Before such a determination is made, the complaining witness shall be given notice and an opportunity to oppose the introduction of this evidence. In the hearing on the
admissibility of this evidence, the complaining witness shall be entitled to be represented by a parent/guardian, legal counsel or other support person. Reputation or opinion evidence regarding the sexual behavior of a complaining witness shall not be admissible for any purpose.

g. In order to facilitate a free and accurate statement of the experiences of the complaining witness and to prevent discouragement of complaints, the district shall provide a nonthreatening environment.

(1) The district shall provide a room separate from the hearing room for the use of the complaining witness before and during breaks in testimony.

(2) At the discretion of the person conducting the hearing, the complaining witness shall be allowed reasonable periods of relief from examination and cross-examination during which he/she may leave the hearing room.

(3) The person conducting the hearing may:

(a) Arrange the seating within the hearing room so as to facilitate a less intimidating environment for the complaining witness

AR 5144.1(s)

SUSPENSION AND EXPULSION/DUE PROCESS (continued)


(b) Limit the time for taking the testimony of a complaining witness to the hours he/she is normally in school, if there is no good cause to take the testimony during other hours

(c) Permit one of the support persons to accompany the complaining witness to the witness stand

6. Decision Within 10 Days: The Board's decision on whether to expel a student shall be made within 10 school days after the conclusion of the hearing, unless the student requests in writing that the decision be postponed. (Education Code 48918(a))

7. Decision Within 40 Days: If the Board does not meet on a weekly basis, its decision on whether to expel a student shall be made within 40 school days after the student is removed from his/her school of attendance, unless the student requests in writing that the decision be postponed. (Education Code 48918(a))

Alternative Expulsion Hearing: Hearing Officer or Administrative Panel

Instead of conducting an expulsion hearing itself, the Board may contract with the county hearing officer or with the Office of Administrative Hearings of the State of California for a hearing officer. Alternatively, the Board may appoint an impartial administrative panel composed of three or more certificated personnel, none of whom shall be members of the Board or on the staff of the school in which the student is enrolled. (Education Code 48918(d))

A hearing conducted by the hearing officer or administrative panel shall conform to the same procedures as apply to a hearing conducted by the Board as specified above in "Conduct of Expulsion Hearing."

The hearing officer or administrative panel shall, within three school days after the hearing, determine whether to recommend expulsion of the student to the Board. If expulsion is not recommended, the student shall be immediately reinstated. The Superintendent or designee shall place the student in a classroom instructional program, any other instructional program, a rehabilitation program, or any combination of these programs after consulting with district staff, including the student's teachers and with the student's parent/guardian. (Education Code 48918(e))

AR 5144.1(t)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


If expulsion is recommended, findings of fact in support of the recommendation shall be prepared and submitted to the Board. All findings of fact and recommendations shall be based solely on the evidence presented at the hearing. The Board may accept the recommendation based either upon a review of the findings of fact and recommendations submitted or upon the results of any supplementary hearing the Board may order. (Education Code 48918(f))

In accordance with Board policy, the hearing officer or administrative panel may recommend that the Board suspend the enforcement of the expulsion for a period of one year. (See "Decision Not to Enforce Expulsion Order below.")

The Board shall make its decision about the student's expulsion within 40 school days after the date of the student's removal from school unless the student requests in writing that the decision be postponed. (Education Code 48918(a))

Final Action by the Board

Whether the expulsion hearing is conducted in closed or public session by the Board, a hearing officer, or an administrative panel, the final action to expel shall be taken by the Board at a public meeting. (Education Code 48918(j))

(cf. 9321.1 - Closed Session Actions and Reports)

If the Board conducts the hearing and reaches a decision not to expel, this decision shall be final and the student shall be reinstated immediately.

Upon ordering an expulsion, the Board shall set a date when the student shall be issued for readmission to a school within the district. For a student expelled for an act listed under "Mandatory Recommendation and Mandatory Expulsion" above, this date shall be one year from the date the expulsion occurred, except that the Board may set an earlier date on a case-by-case basis. For a student expelled for other acts, this date shall be no later than the last day of the semester following the semester in which the expulsion occurred. (Education Code 48916)

At the time of the expulsion order, the Board shall recommend a plan for the student's rehabilitation, which may include: (Education Code 48916)

1. Periodic review as well as assessment of the student at the time of review for readmission


AR 5144.1(u)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)

2. Recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service and other rehabilitative programs

With parental consent, students who have been expelled for reasons relating to controlled substances or alcohol may be required to enroll in a county-sponsored drug rehabilitation program before returning to school. (Education Code 48916.5)

Written Notice to Expel

The Superintendent or designee shall send written notice of the decision to expel to the student or parent/guardian. This notice shall include the following:

1. The specific offense committed by the student for any of the causes for suspension or expulsion listed in Education Code 48900(a)-(o), Education Code 48900.2-48900.4 and Education Code 48915(c) (Education Code 48900.8)

2. The fact that a description of readmission procedures will be made available to the student and his/her parent/guardian (Education Code 48916)

3. Notice of the right to appeal the expulsion to the County Board of Education (Education Code 48918)

4. Notice of the alternative educational placement to be provided to the student during the time of expulsion (Education Code 48918)

5. Notice of the student's or parent/guardian's obligation to inform any new district in which the student seeks to enroll of the student's status with the expelling district, pursuant to Education Code 48915.1 (Education Code 48918)

Decision Not to Enforce Expulsion Order

In accordance with Board policy, when deciding whether to suspend the enforcement of an expulsion, the Board shall take into account the following criteria:

1. The student's pattern of behavior

2. The seriousness of the misconduct


AR 5144.1(v)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)

3. The student's attitude toward the misconduct and his/her willingness to follow a rehabilitation program

The suspension of the enforcement of an expulsion shall be governed by the following: (Education Code 48917)

1. The Board may, as a condition of the suspension of enforcement, assign the student to a school, class or program appropriate for the student's rehabilitation. This rehabilitation program may provide for the involvement of the student's parent/guardian in the student's education. However, a parent/guardian's refusal to participate in the rehabilitation program shall not be considered in the Board's determination as to whether the student has satisfactorily completed the rehabilitation program.

2. During the period when enforcement of the expulsion order is suspended, the student shall be on probationary status.

3. The suspension of the enforcement of an expulsion order may be revoked by the Board if the student commits any of the acts listed under "Grounds for Suspension and Expulsion" above or violates any of the district's rules and regulations governing student conduct.

4. When the suspension of the enforcement of an expulsion order is revoked, a student may be expelled under the terms of the original expulsion order.

5. Upon satisfactory completion of the rehabilitation assignment, the Board shall reinstate the student in a district school. Upon rein-statement, the Board may order the expunging of any or all records of the expulsion proceedings.

6. Suspension of the enforcement of an expulsion order shall not affect the time period and requirements for the filing of an appeal of the expulsion order with the County Board of Education.

7. The Superintendent or designee shall send written notice of any decision to suspend the enforcement of an expulsion order during a period of probation to the student or parent/guardian. The notice shall
also inform the parent/guardian of the right to appeal the expulsion to the County Board of Education. (Education Code 48918(j)).

AR 5144.1(w)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)

Right to Appeal

The student or parent/guardian is entitled to file an appeal of the Board's decision to the County Board of Education. The appeal must be filed within 30 days of the Board's decision to expel, even if the expulsion action is suspended and the student is placed on probation. (Education Code 48919)

Post-Expulsion Placements

The Board shall refer expelled students to a program of study that is: (Education Code 48915, 48915.01)

1. Appropriately prepared to accommodate students who exhibit discipline problems

2. Not provided at a comprehensive middle, junior or senior high school or at any elementary school, unless the program is offered at a community day school established at such a site

3. Not housed at the school site attended by the student at the time of suspension

(cf. 6185 - Community Day School)

When the placement described above is not available, and when the County Superintendent of Schools so certifies, students expelled for acts described in items #6 through #13 and #17 through #19 under "Grounds for Suspension and Expulsion" above may be instead referred to a program of study that is provided at another comprehensive middle, junior, or senior high school, or at an elementary school.

The program for a student expelled from any of grades K-6 shall not be combined or merged with programs offered to students in any of grades 7-12. (Education Code 48916.1)

Readmission After Expulsion

Readmission procedures shall be as follows:

1. On the date set by the Board when it ordered the expulsion, the district shall consider readmission of the student. (Education Code 48916)


AR 5144.1(x)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)

2. The Superintendent or designee shall hold a conference with the parent/guardian and the student. At the conference the student's rehabilitation plan shall be issued and the Superintendent or designee
shall verify that the provisions of this plan have been met. School regulations shall be issued and the student and parent/guardian shall be asked to indicate in writing their willingness to comply with these regulations.

3. The Superintendent or designee shall transmit to the Board his/her recommendation regarding readmission. The Board shall consider this recommendation in closed session if information would be disclosed in violation of Education Code 49073-49079. If a written request for open session is received from the parent/guardian or adult student, it shall be honored.

4. If the readmission is granted, the Superintendent or designee shall notify the student and parent/guardian, by registered mail, of the Board's decision regarding readmission.

5. The Board may deny readmission only if it finds that the student has not satisfied the conditions of the rehabilitation plan or that the student continues to pose a danger to campus safety or to other district students or employees. (Education Code 48916)

6. If the Board denies the readmission of a student, the Board shall determine either to continue the student's placement in the alternative educational program initially selected or to place the student in another program that serves expelled students, including placement in a county community school. (Education Code 48916)

7. The Board shall provide written notice to the expelled student and parent/guardian describing the reasons for denying readmittance into the regular program. This notice shall indicate the Board's determination of the educational program which the Board has chosen. The student shall enroll in that program unless the parent/guardian chooses to enroll the student in another school district. (Education Code 48916)


AR 5144.1(y)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)


Maintenance of Records

The Board shall maintain a record of each expulsion, including the specific cause of the expulsion. The expulsion record shall be maintained in the student's mandatory record and sent to any school in which the student subsequently enrolls, within five days of a written request by the admitting school. (Education Code 48900.8, 48918(k))

The Superintendent or designee shall, within five working days, honor any other district's request for information about an expulsion from this district. (Education Code 48915.1)

(cf. 5119 - Students Expelled from Other Districts)
(cf. 5125 - Student Records)

Notifications to Law Enforcement Authorities

Prior to the suspension or expulsion of any student, the principal or designee shall notify appropriate city or county law enforcement authorities of any student acts of assault which may have violated Penal Code 245. (Education Code 48902)

The principal or designee also shall notify appropriate city or county law enforcement authorities of any student acts which may involve the possession or sale of narcotics or of a controlled substance or possession of weapons or firearms in violation of Penal Code 626.9 and 626.10. (Education Code 48902)

Within one school day after a student's suspension or expulsion, the principal or designee shall notify appropriate city or county law enforcement authorities, by telephone or other appropriate means, of any student acts which may violate Education Code 48900(c) or (d), relating to the possession, use, offering or sale of controlled substances, alcohol or intoxicants of any kind. (Education Code 48902)

Outcome Data

The Superintendent or designee shall maintain the following data and report such data annually to the California Department of Education, using forms supplied by the California Department of Education: (Education Code 48900.8, 48916.1)


AR 5144.1(z)


SUSPENSION AND EXPULSION/DUE PROCESS (continued)

1. The number of students recommended for expulsion

2. The specific grounds for each recommended expulsion

3. Whether the student was subsequently expelled

4. Whether the expulsion order was suspended

5. The type of referral made after the expulsion

6. The disposition of the student after the end of the expulsion period


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students AR 5144.2(a)

SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES)


A student identified as an individual with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA) or the Federal Rehabilitation Act of 1973, Section 504, is subject to the same grounds for suspension and expulsion which apply to students without disabilities.

(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education)

Procedures for Students Not Yet Eligible for Special Education Services

A student who has not been identified as an individual with disabilities pursuant to IDEA and who has violated the district's disciplinary procedures may assert the procedural safeguards granted under this administrative regulation only if the district had knowledge that the student was disabled before the behavior occurred. (20 USC 1415(k)(8))

The district shall be deemed to have knowledge that the student had a disability if one of the following conditions exists: (20 USC 1415)(k)(8); 34 CFR 300.527)

1. The parent/guardian has expressed concern in writing, or orally if the parent/guardian does not know how to write or has a disability that prevents a written statement, that the student is in need of special education or related services.

2. The behavior or performance of the student demonstrates the need for such services, in accordance with 34 CFR 300.7.

3. The parent/guardian has requested an evaluation of the student for special education pursuant to 34 CFR 300.530-300.536.

(cf. 6164.4 - Identification of Individuals for Special Education)

4. The teacher of the student or other district personnel has expressed concern about the behavior or performance of the student to the district's Director of Special Education or to other personnel in accordance with the district's established child find or special education referral system.

A district would not be deemed to "have knowledge" as specified in items #1-4 above, if, as a result of receiving such information, the district either (1) conducted an evaluation and determined that the student was not a student

AR 5144.2(b)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)


with a disability, or (2) determined that an evaluation was not necessary and provided notice to the parent/guardian of its determination. (34 CFR 300.527)

If it is determined that the district did not have knowledge that the student was disabled, then the student shall be disciplined in accordance with procedures established for students without disabilities. (20 USC 1415(k)(8))

If a request is made for an evaluation of a student during the time period in which the student is subject to disciplinary measures, the evaluation shall be conducted in an expedited manner. Until the evaluation is completed, the student shall remain in the educational placement determined by school authorities. (34 CFR 300.527)

Suspension

The Superintendent or designee may suspend a student with a disability for up to five school days for a single incident of misconduct, and for up to 20 school days in a school year. If the student is transferred to another school or alternative educational program, the student may be suspended for up to 30 school days in a school year, but still no more than five days for a single incident of misconduct, unless the student is suspended by the Board of Trustees pursuant to Education Code 48912. (Education Code 48903, 48911)

The principal or designee shall monitor the number of days, including portions of days, students with a valid individualized education program (IEP) have been suspended during the school year.

If the student poses an immediate threat to the safety of himself/herself or others, the Superintendent or designee may suspend the student for up to, but not more than, 10 consecutive school days if the student's parent/guardian agrees or a court order so provides. (Education Code 48911)

AR 5144.2(c)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)

Services During Suspension

Students suspended for more than 10 school days in a school year shall continue to receive a free and appropriate public education during the term of the suspension. (34 CFR 300.520)

Alternative Placement Due to Dangerous Behavior

A student with a disability may be placed in an appropriate alternative educational setting when he/she commits one of the following acts: (20 USC 1415(k)(1))

1. Carries a weapon, as defined in 18 USC 930, to school or to a school function

2. Knowingly possesses or uses illegal drugs while at school or a school function

3. Sells or solicits the sale of a controlled substance while at school or a school function

A hearing officer may order a change in placement of a student with a disability to an appropriate educational setting if the hearing officer: (20 USC 1415(k)(2))

1. Determines that the district has established by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or others

2. Considers the appropriateness of the student's current placement

3. Considers whether the district has made reasonable efforts to minimize the risk of harm in the student's current placement, including the use of supplementary aids and services

4. Determines that the alternative educational setting allows the student to participate in general curriculum, to continue to receive IEP services and to receive services designed to ensure that the behavior does not recur

AR 5144.2(d)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)


The student may be placed in the alternative educational setting for up to 45 days, or until the conclusion of any due process hearing proceedings requested by the parent/guardian. (20 USC 1415(k)(2))

The student's alternative educational setting shall be determined by the student's IEP team. (20 USC 1415(k)(2))

(cf. 6159 - Individualized Education Program)

Procedural Safeguards/Manifestation Determination

Either before or not later than 10 business days after a student has been suspended for more than 10 school days or placed in an alternative educational setting, the district shall convene an IEP team meeting to conduct a functional behavior assessment and implement a behavioral intervention plan. If the student already has a behavioral intervention plan, the IEP team shall review the plan and modify it as necessary to address the behavior. (20 USC 1415(k)(1))

(cf. 6159.4 - Behavioral Interventions for Special Education Students)

As soon as practicable after developing the behavioral intervention plan and completing the required assessments, the IEP team shall meet to develop appropriate behavioral interventions to address the behavior and shall implement those interventions. (34 CFR 300.520)

If a student with disabilities who has a functional behavioral plan is subject to a removal for more than 10 school days in a school year that does not constitute a change in placement, the IEP team members shall review the behavioral intervention plan and its implementation to determine if modifications are necessary. (34 CFR 300.520)

The following procedural safeguards shall apply when a student is suspended for more than 10 school days, when disciplinary action is contemplated for a dangerous behavior as described above, or when a change of placement of more than 10 school days is contemplated: (20 USC 1415(k)(4); 34 CFR 300.523)

1. The parents/guardians of the student shall be immediately notified of the decision and provided all procedural safeguards on the day the decision to take action is made.

AR 5144.2(e)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)


2. Immediately if possible, but in no case later than 10 school days after the date of the decision, a manifestation determination shall be made of the relationship between the student's disability and the behavior subject to the disciplinary action by the IEP team and other qualified personnel.

At this hearing, the IEP team and other qualified personnel shall consider, in terms of the behavior subject to the disciplinary action, all relevant information, including: (20 USC 1415(k)(4); 34 CFR 300.523)

a. Evaluation and diagnostic results, including the results or other relevant information supplied by the student's parents/ guardians

b. Observations of the student

c. The student's IEP and placement

In relationship to the behavior subject to the disciplinary action, the team shall then determine whether the IEP and placement were appropriate and whether supplementary aids, services, and behavioral interventions were provided. The team shall also determine that the student's disability did not impair the ability of the student to understand the impact and consequences of the behavior, nor did it impair his/her ability to control the behavior subject to the disciplinary action. (20 USC 1415(k)(4); 34 CFR 300.523)

If the team determines that the student's behavior was not a manifestation of his/her disability, then the student may be disciplined in accordance with the procedures for students without disabilities. (20 USC 1415(k)(4))

If the team determines that the student's behavior was a manifestation of his/her disability, then the student's placement may only be changed via the IEP team process. (20 USC 1415(k)(4))

Pre-Expulsion Assessment and Meeting

Procedures and timelines governing the expulsion of students with disabilities shall be the same as those for all other students, except that a manifestation determination and a pre-expulsion assessment shall be made and an IEP team meeting held, under conditions and with possible consequences indicated below.


AR 5144.2(f)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)


1. The parent/guardian shall receive written notice of the district's intent to conduct the pre-expulsion assessment and shall make the student available for the assessment without delay at a site designated by the district. The parent/guardian shall also have the right to an independent assessment as provided in Education Code 56329. (Education Code 48915.5)

2. The pre-expulsion assessment shall be conducted in accordance with the guidelines of 34 CFR 104.35, which shall include a review of the student's placement at the time of the alleged misconduct and a determination of the relationship, if any, between the student's behavior and his/her disability. (Education Code 48915.5)

3. The IEP team shall meet to determine if an expulsion hearing is appropriate. This meeting shall be held at a time and place mutually convenient to the parent/guardian and district within the period, if any, of the student's pre-expulsion suspension. The parent/guardian's participation may be made through actual participation, representation, or a telephone conference call. (Education Code 48915.5)

4. The parent/guardian shall be notified of his/her right to participate in the meeting at least 48 hours before the meeting. This notice shall specify: (Education Code 48915.5)

a. That the meeting may be held without the parent/guardian's participation unless he/she requests a postponement for up to three additional school days

b. That the suspension will be continued during the postponement if the student continues to pose an immediate threat to the safety of himself/herself or others

In order to make a record of its attempts to arrange the meeting at a mutually convenient time and place, the district shall keep documentation such as: (34 CFR 300.345)

a. Detailed records of telephone calls made or attempted, and the results of those calls

b. Copies of correspondence sent to parents/guardians and any responses received


AR 5144.2(g)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)

c. Detailed records of visits made to the parent/guardian's home or place of employment, and the results of those visits

5. The district shall grant a parent/guardian's request that the meeting be postponed for up to three additional school days and may extend a student's suspension for the period of postponement if he/she continues to pose an immediate threat to the safety of himself/herself or others. However, the suspension shall not be extended beyond 10 consecutive school days unless agreed to by the parent/guardian or required by court order. If the parent/guardian refuses to consent to an extension beyond 10 consecutive school days and chooses not to participate, the meeting may be conducted without the parent/guardian's participation. (Education Code 48915.5)

6. The IEP team shall consider the pre-expulsion assessment results and shall also review and consider the student's health records and school discipline records. (Education Code 48915.5)

7. If the IEP team determines that the alleged misconduct was caused by, or was a direct manifestation of, the student's disability or that the student was not appropriately placed, the expulsion shall not proceed. (Education Code 48915.5)

8. If the IEP team determines that the alleged misconduct was not caused by, or a direct manifestation of, the student's disability, and if it is determined that the student was appropriately placed, the student shall be subject to expulsion in accordance with procedures that apply to all students. (Education Code 48915.5)

9. When expulsion is ordered, the Board shall recommend a rehabilitation plan for the student. (Education Code 48916)

Notification to Law Enforcement Authorities

Prior to the suspension or expulsion of any student, the principal or designee shall notify appropriate city or county law enforcement authorities of any student acts of assault which may have violated Penal Code 245. (Education Code 48902)


AR 5144.2(h)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)


The principal or designee also shall notify appropriate city or county law enforcement authorities of any student acts which may involve the possession or sale of narcotics or of a controlled substance or possession of weapons or firearms in violation of Penal Code 626.9 and 626.10. (Education Code 48902)

Within one school day after a student's suspension or expulsion, the principal or designee shall notify appropriate city or county law enforcement authorities, by telephone or other appropriate means, of any student acts which may violate Education Code 48900(c) or (d), relating to the possession, use, offering or sale of controlled substances, alcohol or intoxicants of any kind. (Education Code 48902)

Due Process Appeals

If the parent/guardian disagrees with a decision that the behavior was not a manifestation of the student's disability or with any decision regarding placement, he/she has a right to appeal the decision. (20 USC 1415(k)(6))

The expulsion hearing shall not be conducted, and the 30-day expulsion proceedings time limit shall not commence, until after completion of the:

1. Pre-expulsion assessment and the manifestation determination (Education Code 48915.5; 20 USC 1415(k))

2. IEP team meeting (Education Code 48915.5)

3. Due process hearings and appeals, if initiated (Education Code 48915.5)

The Board may expel a student with disability only if an IEP team has determined that the misconduct was not caused by, or a direct manifestation of, the student's identified disability, and the student was appropriately placed at the time the misconduct occurred. (Education Code 48915.5)

Services During Expulsion

During the term of the expulsion, a student with a disability shall continue to be offered a program of free and appropriate public education. Such services may include independent study, home instruction, or another appropriate alternative program.

(cf. 6158 - Independent Study)
(cf. 6185 - Community Day School)

AR 5144.2(i)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)


The alternative program must provide services to the extent necessary to enable the student to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the student's IEP. (34 CFR 300.121)

Readmission

Readmission procedures for students with disabilities shall be the same as those used for all students. The Superintendent or designee may consider the input of the student's IEP team when developing recommendations to the Board regarding a request for readmission. Upon readmission, an IEP team meeting shall be convened to determine whether a new IEP needs to be established.

Suspension of Expulsion

The Board's criteria for suspending the enforcement of an expulsion order shall be applied to students with disabilities in the same manner as they are applied to all other students. (Education Code 48917)

Legal Reference: (see next page)


AR 5144.2(j)


SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH
DISABILITIES) (continued)


Legal Reference:
EDUCATION CODE
35146 Closed sessions (re suspensions)
35291 Rules (of governing board)
48900-48925 Suspension and expulsion
56000 Special education; legislative findings and declarations
56320 Educational needs; requirements
56321 Development or revision of individualized education program
56329 Independent educational assessment
56340-56347 Individual education program teams
56505 State hearing
PENAL CODE
245 Assault with deadly weapon
626.2 Entry upon campus after written notice of suspension or dismissal without permission
626.9 Gun-Free School Zone Act
626.10 Dirks, daggers, knives, razors or stun guns
UNITED STATES CODE, TITLE 18
930 Weapons
UNITED STATES CODE, TITLE 20
1412 State eligibility
1415 Procedural safeguards
UNITED STATES CODE, TITLE 29
706 Definitions
794 Rehabilitation Act of 1973, Section 504
CODE OF FEDERAL REGULATIONS, TITLE 34
104.35 Evaluation and placement
104.36 Procedural safeguards
300.1-300.756 Assistance to states for the education of students with disabilities
COURT DECISIONS
Parents of Student W. v. Puyallup School District, (1994 9th Cir.) 31 F.3d 1489
M.P. v. Board of Trustees of Grossmont Union High School District, (1994) U.S. Dist. Ct., S.D. Cal. 858 F.Supp. 1044
Honig v. Doe, (1988) 484 U.S. 305
Doe v. Maher, (1986) 793 F.2d 1470
Rock Island School District #41, IDELR 353:364
San Juan Unified School District, 20 IDELR 549

Management Resources:
FEDERAL REGISTER
34 CFR 300.a Appendix A to Part 300 - Questions and Answers
34 CFR 300a1 Attachment 1: Analysis of Comments and Changes
WEB SITES
CDE: http://www.cde.ca.gov
USDE: http://www.ed.gov

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students E 5144.2(a)

ADDENDUM TO SELPA NOTICE OF IEP MEETING
Individuals with Exceptional Needs/Expulsion Recommended

You are hereby notified that your son/daughter, ,
has been recommended for expulsion.
has previously been identified as a student with exceptional needs.
was suspended by the principal for
days, until .

The reasons for the proposed expulsion are

.
(Use attachments if needed.)

The principal considered other options as described below but has rejected those options. (Description of other options considered, if any, and reasons why they were rejected.)

The principal used the following evaluations, assessments, tests and/or records in reaching his/her decision to propose expulsion:

1.
2.
3.
4.
5.

Other factors relevant to the principal's recommendation are:


Please be aware that:

1. A preexpulsion assessment of
will be conducted. should report to
at (time)
for this assessment. You are required by law to make available for this assessment. You may obtain an independent pre-expulsion assessment if you disagree with the district's pre-expulsion assessment.

E 5144.2(b)

2. An IEP meeting will be held on , at .
If the time and place of the IEP meeting are not convenient, please advise immediately by calling the undersigned at (phone number) within 24 hours of receiving this letter.

3. You may request that the meeting be postponed for up to three additional school days. If you make such a request, your child's suspension will be continued during the three-day postponement.

4. You may ask a representative to appear at the hearing on your behalf.

5. If you do not request a continuance immediately or appear at the IEP meeting in person or through a representative, the meeting will be held without you.

6. You have the right to participate in the IEP team meeting concerning this proposal and to appeal any IEP team decisions or recommendations with which you disagree to the California Department of Education, which will schedule a due process hearing to resolve the issues.

Such an appeal must be made in writing addressed to:

Superintendent of Public Instruction
California Department of Education
721 Capitol Mall
P.O. Box 944272
Sacramento, California 94244-2720

with a copy to the local school district Superintendent and the SELPA Director of Los Angeles County.

THE WRITTEN APPEAL MUST BE DELIVERED OR POSTMARKED NO LATER THAN 15 DAYS FOLLOWING THE DATE OF THE IEP MEETING.

7. You also have the right to appeal any decision from the California Department of Education resulting from a fair hearing on the issues with which you disagree to state or federal court. If you are represented by counsel in these proceedings and prevail, you are entitled to be reimbursed for attorney's fees.


District Administrator in Charge of Special Education or Principal

Exhibit COMPTON UNIFIED SCHOOL DISTRICT
version: April 11, 2000 Compton, California


Students BP 5145.1(a)

PRIVACY


The Board of Trustees recognizes that personal beliefs are a private matter. Without the written notice and written consent of a parent/ guardian, no student shall be given any test, survey, questionnaire or examination containing questions about personal or family beliefs or practices in sex, family life, morality or religion. (Education Code 51513)

As required by law, school counselors shall respect the confidentiality of any personal information disclosed by students 12 years of age or older during the course of educational counseling. Personal information given to a counselor by the parent/guardian of a student 12 or older shall also be kept confidential and included in the student's record only with the parent/guardian's written consent. Exceptions shall be made only as provided by law:

1. In discussion with health care providers, certain psychotherapists, or the school nurse, solely when referring the student for treatment.

2. As required by law when reporting child abuse or neglect.

3. To the principal or parents/guardians when the counselor believes it necessary to avert a clear and present danger to the health, safety, or welfare of the student, parents/guardians, other students, school staff or community members.

(cf. 5113 - Absences and Excuses)

4. To the principal, parents/guardians, other persons outside the school and other persons as necessary inside the school when the student says that a crime will be or has been committed involving the likelihood of personal injury or significant property loss.

5. When the student, 12 years of age or older, has read and signed a waiver naming one or more persons to whom information may be reported. The waiver must be kept in the student's file.

6. To law enforcement agencies when required by court order to aid in a criminal investigation, or when ordered to testify in administrative or judicial proceedings.

In any case, the counselor shall not disclose information to parents/guardians when having any cause to believe that this disclosure would endanger the health, safety or welfare of the student.


BP 5145.1(b)


PRIVACY (continued)


(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 6144 - Controversial Issues)

Legal Reference:
EDUCATION CODE
49602 Confidentiality of pupil information
51513 Personal beliefs

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students BP 5145.11(a)

QUESTIONING AND APPREHENSION


Law enforcement officers have the right to interview and question students on school premises. When such an interview is requested, the principal or designee shall ascertain the officer's identity, official capacity, and the authority under which he/she acts. If the officer needs to interview or question the student immediately, the principal or designee shall accommodate the process in a way that causes the least possible disruption to the school, gives the student appropriate privacy, and models exemplary cooperation with community law enforcement authorities.

At the law officer's discretion and with the student's approval, the principal or designee may be present during the interview.

If the law officer finds it necessary to remove the student from school, the principal or designee shall first ascertain the reason for such action. Upon releasing the student, the principal or designee shall immediately attempt to inform the student's parent/guardian.

Personnel responsible for releasing a student from school custody shall exercise extreme diligence to prevent such release to any unauthorized or unidentified person.

(cf. 5142 - Safety)

Subpoenas

Although subpoenas may legally be served at school, the Board believes that serving officials should be strongly urged to serve subpoenas at the home of the student whenever possible. In these situations, steps should be taken to ensure a minimum of embarrassment or loss of class time for the student.

Legal Reference: (see next page)


BP 5145.11(b)


QUESTIONING AND APPREHENSION (continued)

Legal Reference:
EDUCATION CODE
44807 Duty concerning conduct of pupils
48264 Arrest of truants
48265 Delivery of truant
48902 Notice to law authorities
48906 Release of minor pupil to peace officers; notice to parent, guardian or relative
48909 Narcotics and other hallucinogenic drugs (re arrest)
PENAL CODE
830-832.8 re peace officers
833-851.85 re arrests
1328 Service of subpoena
CODE OF REGULATIONS, TITLE 5
303 Duty to remain at school
COURT DECISIONS
People v. Burton (1971) 6 Cal. 3d 375
In re Donaldson (1969) 269 Cal. App. 2d 509
Baines v. Brady (1953) 122 Cal. App. 2d 957, 960
In the matter of Paul P., 85 Daily Journal D.A.R. 2594
ATTORNEY GENERAL OPINIONS
54 Ops. Cal. Atty. Gen. 96 (1971)
34 Ops. Cal. Atty. Gen. 93 (1959)
32 Ops. Cal. Atty. Gen. 96 (1958)

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5145.11

QUESTIONING AND APPREHENSION


Questioning on School Grounds

The school shall keep a record of any interviews of students by law officers on school premises. Such records shall include the date and time, name and identifying number of the officer, the agency employing the officer and his/her official capacity, the time when he/she arrived and left, the fact that the principal or designee was or was not present during the interview, the reason for the questioning and/or release, and any other pertinent information.

Apprehension

Police officers, officers of the juvenile court, and other authorized law enforcement officials have an absolute right to enter a school to take a student into custody or to make an arrest of a student.

If a minor student is removed from school into the custody of a peace officer, the principal or designee shall immediately notify the parent/guardian or responsible relative regarding the student's release and the place to which he/she is reportedly being taken, except when the minor has been taken into custody as a victim of suspected child abuse. (Education Code 48906)

The principal or designee shall record the time(s) of contact or attempted contact with the parent/guardian.

If the student is suspected of being a victim of child abuse, the Superintendent or designee shall give the telephone number and address of the student's parent/guardian to the law enforcement officer, and the officer then has the responsibility of immediately notifying the parent/guardian. (Education Code 48906)

(cf. 5141.4 - Child Abuse Reporting Procedures)

The Principal or designee shall immediately be notified of the student's removal. This initial verbal notice will be followed by a written report by the principal or designee and shall include the date and time of arrest, the identity, badge number and official capacity of the officer and the reason for release.

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5145.12(a)

SEARCH AND SEIZURE


The Board of Trustees recognizes that incidents may occur which jeopardize the health, safety and welfare of students and staff and which necessitate the search and seizure of students, their property or their lockers by school officials.

(cf. 5145.11 - Questioning and Apprehension)

School officials may search individual students and their property when there is a reasonable suspicion that the search will uncover evidence that the student is violating the law or the rules of the district or the school. The Board urges that discretion, good judgment and common sense be exercised in all cases of search and seizure.

When possible, staff shall use a metal detector when searching an individual for weapons.

The parent/guardian of a student subjected to an individualized search shall be notified by the district as soon after the search as possible.

Student Lockers

Because lockers are under the joint control of the student and the district, school officials shall have the right and ability to open and inspect any school locker without student permission when they have reasonable suspicion that the search will disclose evidence of illegal possessions or activity or when odors, smoke, fire and/or other threats to student health, welfare or safety emanate from the locker.

For health and safety reasons, a general inspection of school properties such as lockers and desks may be conducted on a regular, announced basis, with students standing by their lockers or desks. Any items contained in a locker shall be considered to be the property of the student to whom the locker was assigned. Notice of this policy shall be given to all students when lockers are assigned.

Random Search for Weapons

The Board finds that the growing presence of weapons in the schools threatens the district's ability to provide the safe and orderly learning environment to which our students and staff are entitled. The Board also finds that random metal detector screenings offer a reasonable means to keep weapons out of the schools and mitigate the fears of students and staff.

BP 5145.12(b)


SEARCH AND SEIZURE (continued)


The Superintendent or designee shall establish procedures which ensure that metal detector screenings are conducted in a random fashion which excludes individual discretion as to who will be screened.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5131.7 - Weapons and Dangerous Instruments)
(cf. 5144.1 - Suspension and Expulsion/Due Process)

In an effort to keep the schools free of drugs, other law enforcement agencies may use specially trained nonaggressive dogs to sniff out and alert staff to the presence of substances prohibited by law or district policy. The dogs may sniff the air around lockers, desks, bags, items or vehicles on district property or at district-sponsored events as long as they are not allowed to sniff any person.

The above inspections shall be unannounced and may be made at the discretion of the Superintendent or designee.

Legal Reference:
EDUCATION CODE
35160 Authority of governing boards
35160.1 Broad authority of school districts
35294-35294.5 School safety plans
49050-49051 Searches by school employees
49330-49334 Injurious objects
PENAL CODE
626.9 Firearms
626.10 Dirks, daggers, knives or razor; bringing into or possession of upon or within public school ground; exception
COURT DECISIONS
O'Connor v. Ortega, (1987) 107 S.Ct. 1492
New Jersey v. T.L.O., (1985) 469 U.S. 325
Horton v. Goose Creek Independent School District, (5th Cir. 1982) 690 F.2d 470
Zamora v. Pomeroy, (10th Cir. 1981) 639 F.2d 662
ATTORNEY GENERAL OPINIONS
75 Ops.Cal.Atty.Gen. 155 (1992)

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5145.12(a)

SEARCH AND SEIZURE


Individual Searches

In determining whether reasonable suspicion exists, school officials shall consider:

1. The student's age and previous behavior patterns

2. The prevalence and seriousness in the school of the problem to which the search was directed

3. The urgency requiring the search without delay

4. The substantive value and reliability of the information used as a justification for the search

5. The location of the student at the time of the incident which gave rise to reasonable suspicion

Searches shall be made in the presence of a least one other district employee. Employees will not conduct strip searches or body cavity searches.

Random Search for Weapons

Upon enrollment and at the beginning of each school year, students and parents/guardians shall receive notice that the district uses random metal detector scans as part of its program to promote safety and deter the presence of weapons. Signs shall be posted at all schools to explain that anyone may be scanned by metal detector for guns, knives or other illegal weapons when on campus or attending athletic or extracurricular events.

The following procedures shall be followed when making metal detector scans:

1. Before walk-through, students shall be asked to empty their pockets of metal objects.

2. After an initial activation occurs, students shall be asked to walk through a second time.

3. If a second activation occurs, a hand-held metal detector will be used.

AR 5145.12(b)

SEARCH AND SEIZURE (continued)


4. If the activation is not eliminated or explained, staff shall escort the student to a private area.

5. In the private area, an expanded search shall be conducted by a staff member of the same sex as the student.

6. The search shall be limited to the detection of weapons.

Use of Trained Dogs

Law enforcement agencies shall ensure that dogs shall not be used in rooms occupied by persons except for demonstration purposes, with the handler present. When used for demonstration purposes, the dog may not sniff the person of any individual and shall be well separated from the audience.

Only the dog's official handler will determine what constitutes an alert by the dog. If the dog alerts on a particular item or place, the student having the use of that place or responsibility for it shall be called to witness the search. If a dog alerts on a locked vehicle, the student who brought it onto district property shall be asked to unlock it for inspection.

(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5145.2

FREEDOM OF SPEECH/EXPRESSION: PUBLICATIONS CODE


Free inquiry and exchange of ideas are essential parts of a democratic education. The Board of Trustees respects students' rights to express ideas and opinions, take stands, and support causes, whether controversial or not, through their speech, writings, printed materials and/or the wearing of buttons, badges and other insignia.

(cf. 6144 - Controversial Issues)

Student freedom of expression shall be limited only as allowed by law in order to maintain an orderly school environment and to protect the rights, health and safety of all members of the school community. Students shall not be disciplined solely on the basis of constitutionally protected speech or other communication.

(cf. 5137 - Positive School Climate)
(cf. 5144 - Discipline)

Because district schools have a closed forum, students may not post or distribute materials regarding the meetings of noncurricular student-initiated groups.

(cf. 1325 - Advertising and Promotion)
(cf. 6145.5 - Student Organizations and Equal Access)

The Superintendent or designee shall ensure that due process is followed when resolving disputes regarding student freedom of expression.

(cf. 6145.3 - Publications)

Legal Reference:
EDUCATION CODE
48907 Exercise of free expression; rules and regulations
48950 Speech and other communication
51520 Prohibited solicitations on school premises
COURT DECISIONS
Perumal et al v. Saddleback Valley Unified School District, (1988) 198 Cal. App. 3d 64
Collin v. Smith, (1978) 447 F. Supp. 676, affd. (1978) 578 F.2d 1197, cert. den. (1978) 439 U.S. 916
Tinker v. Des Moines School District, (1969) 393 U.S. 503


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5145.2(a)

FREEDOM OF SPEECH/EXPRESSION: PUBLICATIONS CODE


Students are prohibited from making any expressions or distributing or posting any materials which are obscene, libelous or slanderous, or which demonstrably incite students to commit unlawful acts on school premises, violate school rules, or substantially disrupt the school's orderly operation. (Education Code 48907)

Conduct by a student, in class or out of it, which for any reason materially disrupts classwork or involves substantial disorder or invasion of the rights of others is not immunized by the constitutional guarantee of free speech. (Tinker v. Des Moines School District (1969) 393 U.S. 503)

The use of "fighting words" or epithets is not constitutionally protected where:

1. The speech, considered objectively, is abusive and insulting rather than a communication of ideas, and

2. The speech is actually used in an abusive manner in a situation that presents an actual danger that it will cause a breach of the peace. (Collin v. Smith (1978) 447 F.Supp. 676, affd. (1978) 578 F.2d 1197, cert. den. (1978) 439 U.S. 916)

(cf. 5137 - Positive School Climate)

Students shall be free to post or distribute handbills, leaflets and other printed material, whether produced within or outside of the school. Students may collect signatures on petitions concerning either school or out-of-school issues.

All printed matter and petitions distributed, circulated or posted on school property shall bear the name and the address or contact location of the sponsoring organization or individual.

Printed materials or petitions may be distributed only:

1. Before school begins, during lunch time, or after dismissal.

2. In locations that do not obstruct the normal flow of traffic within school or at entrances.

3. Without undue noise.


AR 5145.2(b)


FREEDOM OF SPEECH/EXPRESSION: PUBLICATIONS CODE
(continued)


No student shall use coercion to induce students or any other persons to accept printed matter or to sign petitions. No funds or donations shall be collected for any material distributed.

(cf. 1321 - Solicitation of Funds from and by Students)
(cf. 5144 - Discipline)

Clothing/Buttons and Badges

Buttons, badges, armbands or clothing bearing slogans or sayings may be worn unless their message falls within the categories prohibited above. No teacher or administrator shall interfere with this practice on the grounds that the message may be unpopular with students or faculty.

(cf. 5132 - Dress and Grooming)
(cf. 5136 - Gangs)

Bulletin Boards

Bulletin boards may be provided where students and student organizations may post materials of general interest.

Appeals

The following procedures shall be used to address disputes regarding student freedom of expression:

1. The student and faculty member shall first attempt to resolve the problem by themselves.

2. If the student and faculty member are unable to resolve the dispute, the student and/or faculty member may bring the matter to the principal or designee, who shall hear both sides and strive to resolve the dispute as quickly as possible.

3. If the principal or designee is unable to resolve the dispute, the student and/or faculty member may bring the matter to the Superintendent or designee, who shall hear both sides and strive to resolve the dispute as quickly as possible.


AR 5145.2(c)


FREEDOM OF SPEECH/EXPRESSION: PUBLICATIONS CODE
(continued)


4. If the Superintendent or designee is unable to resolve the dispute, the student and/or faculty member may ask for a hearing to determine whether a deprivation of freedom of expression was justified under the above regulations. This hearing shall be held before the Board of Trustees or impartial person(s) appointed by the Board as soon as possible after it is requested. Both sides shall be given an opportunity to demonstrate that Board policy and administrative regulations were properly applied.

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5145.3(a)

NONDISCRIMINATION/HARASSMENT


District programs and activities shall be free from discrimination, including harassment, with respect to ethnic group, religion, gender, color, race, national origin and physical or mental disability.

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 6164.6 - Identification and Education under Section 504)

The Board of Trustees shall ensure equal opportunities for all students in admission and access to the educational program, guidance and counseling programs, athletic programs, testing procedures, and other activities. Eligibility for choral and cheerleading groups shall be determined solely on the basis of objective competencies. School staff and volunteers shall carefully guard against segregation, bias and stereotyping in instruction, guidance and supervision.

(cf. 1240 - Volunteer Assistance)
(cf. 6145.2 - Athletic Competition)
(cf. 6162.5 - Student Assessment)

The schools may provide girls and boys with separate shower rooms and sex education classes in order to protect student modesty. In physical education, when objective standards have an adverse effect on students because of their gender, race, ethnic group or disability, other standards shall be used to measure achievement and create comparable educational opportunities.

The Board prohibits intimidation or harassment of any student by any employee, student or other person in the district. Staff shall be alert and immediately responsive to student conduct which may interfere with another student's ability to participate in or benefit from school services, activities or privileges.

(cf. 5145.2 - Freedom of Speech/Expression: Publications Code)
(cf. 5145.7 - Sexual Harassment)

Students who harass other students shall be subject to appropriate counseling and discipline, up to and including expulsion. An employee who permits or engages in harassment may be subject to disciplinary action, up to and including dismissal.

(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5144.1 - Suspension and Expulsion/Due Process)


BP 5145.3(b)


NONDISCRIMINATION/HARASSMENT (continued)


Any student who feels that he/she is being harassed should immediately contact the principal or designee. If a situation involving harassment is not promptly remedied by the principal or designee, a complaint can be filed in accordance with administrative regulations. The Superintendent or designee shall determine which complaint procedure is appropriate.

(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.3 - Uniform Complaint Procedures)

Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex, especially:
221.5 Prohibited sex discrimination
221.7 School-sponsored athletic programs; prohibited sex discrimination
48900.3 Suspension or expulsion for act of hate violence
48900.4 Suspension or expulsion for threats or harassment
48904 Liability of parent/guardian for willful student misconduct
48907 Student exercise of free expression
48950 Freedom of speech
49020-49023 Athletic programs
51006-51007 Equitable access to technological education programs
51500 Prohibited instruction or activity
51501 Prohibited means of instruction
60044 Prohibited instructional materials
CIVIL CODE
1714.1 Liability of parents/guardians for willful misconduct of minor
CODE OF REGULATIONS, TITLE 5
4621 District policies and procedures
4622 Notice requirements
UNITED STATES CODE, TITLE 42
2000d & 2000e et seq. Title VI & VII. Civil Rights Act of 1964 as amended
2000h-2 et seq. Title IX, 1972 Education Act Amendments
CODE OF FEDERAL REGULATIONS, TITLE 34
100.3a Prohibition of discrimination on basis of race, color or national origin
106.8 Designation of responsible employee
106.9 Notification of nondiscrimination on basis of sex

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5145.6(a)

PARENTAL NOTIFICATIONS


The Board of Trustees recognizes that notifications are essential to effective communication between the school and the home. The Superintendent or designee shall send students and parents/guardians all notifications required by law, including notifications about their legal rights, and any other notifications he/she believes will promote parental understanding and involvement.

(cf. 5124 - Communication with Parents/Guardians)
(cf. 6020 - Parent Involvement)

Notifications to parents/guardians shall be written both in English and in the family's primary language when so required by law. Whenever an employee learns that a student's parent/guardian is for any reason unable to understand the district's printed notifications, the principal or designee shall work with the parent/guardian to establish other appropriate means of communication.

(cf. 6174 - Education for English Language Learners)

Legal Reference: (see next page)

BP 5145.6(b)


PARENTAL NOTIFICATIONS (continued)


Legal Reference:
EDUCATION CODE
221.5 Prohibited sex discrimination
231.5 Sexual harassment policy
262.3 Appeals; information re: availability of civil remedies
310 Structured English Immersion Program
17288 Pupils: school buildings
32243 School with significant risk factors for lead
32255-32255.6 Right to refuse harmful or destructive use of animals
32390 Fingerprint program; contracts; funding; consent of parent/guardian; mailing of documents containing fingerprints to parent/guardian
35183 School dress codes; uniforms
35256 School accountability report card
35291 Rules
35291.5 Rules and procedures on school discipline
37616 Consultation
38048 School bus rider rules and information
44808.5 Permission to leave school grounds
46010.1 Notice re: excuse to obtain confidential medical services
46014 Regulations regarding absences for religious purposes
46600-46611 Interdistrict attendance agreements especially:
46601 Failure to approve interdistrict attendance
48000 Minimum age of admission
48204 Residency requirements for school attendance
48205 Absence for personal reasons
48206.3 Pupils with temporary disabilities; individual instruction; definitions
48207 Pupils with temporary disabilities in hospitals outside of school district
48208 Students with temporary disabilities in qualifying hospitals
48209-48209.16 Student attendance alternatives especially:
48209.9 Application deadline; notice of acceptance or rejection
48213 Notice to parent or guardian
48216 Immunization
48260.5 Notice to parent re truancy
48263 Referral to SARB or probation department
48432.5 Involuntary transfers of pupils
48637.1 Notice of intended assignment
48900.1 Attendance of parent or guardian for portion of school day
48904 Liability of parent/guardian for willful pupil misconduct
48904.3 Withholding grades, diplomas, or transcripts
48906 Notification of release of pupil to peace officer
48911 Notification in case of suspension
48912 Closed sessions; consideration of suspension
48915.1 Expelled individuals: enrollment in another district
48915.5 Expulsion of special education student
48916 Readmission procedures
48917 Suspension of expulsion; rehabilitation program


Legal Reference continued: (see next page)

BP 5145.6(c)


PARENTAL NOTIFICATIONS (continued)

Legal Reference: (continued)
EDUCATION CODE (continued)
48918 Rules governing expulsion procedures
48980 Required notification at beginning of term
48981 Time and means of notification
48982 Signature; return to school; effect of signature
48983 Contents of notice
48984 Activities prohibited unless notice given
48985 Notices to parents in language other than English
48987 Child abuse information
49063 Notification of parents of their rights
49067 Regulations regarding pupil's achievement
49068 Transfer of permanent enrollment and scholarship record
49069 Absolute right to access
49070 Challenging content of records
49073 Release of directory information
49077 Access to information concerning a student in compliance with court order
49091.14 Prospectus
49302 Parental consent
49332 Notifications of retention of object by school personnel; release
49403 Cooperation in control of communicable disease and immunization
49423 Administration of prescribed medication for pupil
49451 Physical examinations: parent's refusal to consent
49452.5 Screening for scoliosis
49456 Report to parent
49470 Medical and hospital services for athletic program
49471 Medical and hospital service not provided or available
49472 Medical and hospital services for pupils
49473 Distribution of printed matter regarding medical and hospital services
49480 Continuing medication regimen for nonepisodic conditions
49510-49520 Duffy-Moscone Family Nutrition Education and Services Act of 1970
51201.5 Instruction on AIDS and AIDS prevention
51216 Pupil proficiency; assessment; conference
51240 Excuse from instruction due to religious beliefs
51513 Personal beliefs
51550 Sex education courses
51554 Parent notification; sex education courses
51555 Parent notification in grades K-6; sex education courses
51820 Venereal disease instruction; written notification to parent; inspection of instructional material; consensual pupil participation
52164.1 Census-taking methods; determination of primary language; assessment of language skills; notice
52164.3 Notice of reassessment of language skills
52173 Consultation with parents or guardians; notice to parents or guardians; withdrawal of pupil from program
54444.2 Migrant education programs; parent involvement


Legal Reference continued: (see next page)

BP 5145.6(d)


PARENTAL NOTIFICATIONS (continued)

Legal Reference: (continued)
EDUCATION CODE (continued)
56000-56885 Special education, especially:
56301 Child-find system; policies re: written notification rights
56321 Special education: proposed assessment plan
56321.5 Right to electronically record meetings
56329 Written notice of right to findings; independent assessment
56341 Individualized education program team
56343.5 IEP meetings
56346 Parental notice and consent to special education program
56366 Nonpublic, nonsectarian schools; contracts
56380 Notice of right to request IEP review
56500.3 Dispute resolution; mediation
56501 Due process hearing procedure
56502 Requests for due process hearings; informal meeting; notice to parties; availability of services within geographical area
56504 Examination of school records
56506 Due process rights
56507 State hearing; use of attorney
58501 Alternative schools: notice required prior to establishment
60641 Standardized Testing and Reporting Program
HEALTH AND SAFETY CODE
120325-120380 Immunizations
124085 Certificate of receipt; health screening and evaluation services; waiver by parent/guardian
124100 School districts and private schools; information to parents or guardians of kindergarten children; withholding of average daily attendance funds
PENAL CODE
626.1 Summary of law pertaining to crimes on school grounds
627.5 Hearing request following denial or revocation of registration
WELFARE AND INSTITUTIONS CODE
18976.5 Parental notice; right of refusal to participate
CODE OF REGULATIONS, TITLE 5
863 Standardized Testing and Reporting Program
3831 General standards (Gifted and Talented Program)
4306 Reclassification
4622 Notice requirements and recipients
4631 Responsibilities of the local agency
11303 Education for English language learners
11523 Notice of proficiency examinations (HS)
UNITED STATES CODE, TITLE 20
1232g Family Educational and Privacy Rights Act
1681-1688 Title IX, discrimination based on sex or blindness
6319 Title I programs, parent involvement
UNITED STATES CODE, TITLE 42
2000d -2000d-7, Title VI, Civil Rights Act of 1964


Legal Reference continued: (see next page)

BP 5145.6(e)


PARENTAL NOTIFICATIONS (continued)

Legal Reference: (continued)
CODE OF FEDERAL REGULATIONS, TITLE 34
99.7 Student records, annual notification
99.30 Student records, prior consent
99.34 Student records, disclosure to other educational agencies
104.36 Procedural safeguards
106.9 Dissemination of policy, nondiscrimination on basis of sex
300.504 Parent consent
CODE OF FEDERAL REGULATIONS, TITLE 40
763.93 Management plans

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students E 5145.6(a)

PARENTAL NOTIFICATIONS

Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject

I. Annually

Beginning of each school 32255-32255.6, BP 5145.8 Right to refrain from
year 48980 AR 5145.8 harmful or destructive
use of animals

Annually 35256 BP 0510 School Accountability
AR 0510 Report Card provided

Beginning of each school 35291, 35291.5, BP 5131 District and site
year 48980 BP 5144 discipline rules
BP 5144.1
AR 5144.1

Beginning of each school 35291, 48900.1, BP 5144.1 Required parental
year 48980 AR 5144.1 attendance

Beginning of each school 46014, 48980 BP 5113 Absence for religious
year if Board has adopted AR 5113 purposes
resolution allowing such
absence

Beginning of each school 48205, 48980 BP 5113 Absence for justifiable
year AR 5113 personal reasons

Beginning of each school 48205, 48980 AR 6154 Grade/credit cannot be reduced
year due to excused absence if work or test has been completed

Beginning of each school 48206.3, 48207, AR 6183 Availability of home/
year 48208, 48980 hospital instruction
for students with temporary
disabilities

Beginning of each school 48216, 48980 BP 5141.31 Immunizations
year AR 5141.31

Beginning of each school 48980 AR 5116.1 All statutory attendance
year options and available
local attendance options

Beginning of each school 48980 AR 5111.12 Availability of employ-
year ment-based school
attendance options


E 5145.6(b)


PARENTAL NOTIFICATIONS (continued)


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject

I. Annually (continued)


Beginning of each school 48980 AR 5145.7 Sexual harassment
year policy as related to
students

Beginning of each school 48980 BP 6111 Schedule of minimum days
year

Beginning of each school 48980 AR 6163.4 Policy on student access
year for district's connected to the Internet
to the Internet

Beginning of each school 49063, 49068, BP 5125 Inspect and review, access
year 49069; 20 USC AR 5125 to, types of records, where
1232g; 34 CFR 99.7 kept, persons responsible,
location of log, criteria and
type of access for persons
with access, cost of copies,
how to request amendments,
criteria for determining
who is a school official
and what is a legitimate
educational interest

Beginning of each school 49063, 49073 BP 5125.1 Release of directory
year AR 5125.1 information

Beginning of each school 49063, 49091.14 AR 5020 Availability of course
year prospectus

Beginning of each school 49423, 49480, AR 5141.21 Administration of
year 48980 AR 5141.31 prescribed medication

Beginning of each school 49451, 48980 BP 5141.3 Refusal to consent to
year physical examination

Beginning of each school 49470, 49471, BP 5143 Availability or
year 49472, 49473, unavailability of
48980 insurance plan

Beginning of each school 49510-49520, BP 3553 Free and reduced price
year 48980 meals

E 5145.6(c)


PARENTAL NOTIFICATIONS (continued)

Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject

I. Annually (continued)

Beginning of each school 51240, 48980 BP 6141.2 Excuse from health/sex
year AR 6142.1 education due to
religious belief

Beginning of each school 51550, 48980 AR 6142.1 Sex education
year

Annually 56301 BP 6164.4 Rights of all parents
related to special
education identification,
referral, assessment,
instructional planning,
implementation and
review, and procedures
for initiating a referral
for assessment

Beginning of each school 58501 BP 6181 Alternative schools
year

Beginning of each school 20 USC 1681- BP 0410 Nondiscrimination on
year 1688; 42 USC AR 6178 basis of sex, disability,
2000d-2000d-7; ethnicity or lack of
34 CFR 106.9 English skills

Annually 5 CCR 4622 AR 1312.3 Uniform complaint
procedures and
available appeals and
civil law remedies;
identity of coordinators

Annually to parent, 40 CFR 763.93 AR 3514 Availability of
teacher and employee complete, updated
organizations; in absence management plan for
of organizations, to asbestos-containing
individuals material in school
buildings

E 5145.6(d)


PARENTAL NOTIFICATIONS (continued)


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject


II. At Specific Times During the Student's Academic Career

At least once before 221.5, 48980 BP 6164.2 Course selection and
counseling in grades career counseling
7-12

At beginning of each 310; AR 6174 Placement of child in
school year if student 5 CCR 11303 program and opportunity
has been placed in structured to apply for parental
English immersion program exception waiver

Before high school student 17288 None University campus
attends specialized buildings may not meet
secondary program on a Education Code
university campus requirements for
structural safety

Before presenting a 32255-32255.6 BP 5145.8 Right to refrain from
course using live or harmful or destructive
dead animals or animal use of animals
parts

Upon registration, if K-6 38048 AR 3543 School bus safety rules
students have not pre- and information, list of
viously been transported stops, rules of conduct,
red in a school bus light
danger zones, walking
to and from stops

Beginning of each school 46010.1 BP 5113 Absence for confidential
year in grades 7-12 medical services

Upon admission to school 48216, 49403; AR 5141.31 Immunizations
Health and
Safety Code
120365, 120370
and 120375

Before early entry to 48000 AR 5111 Effects, advantages and
kindergarten, if offered disadvantages of early
entry

Before assigning student 48637.1 BP 6182 Assignment to an
to opportunity school/ AR 6182 opportunity school/
class/program class/program


E 5145.6(e)

PARENTAL NOTIFICATIONS (continued)


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject


II. At Specific Times During the Student's Academic Career (continued)

Beginning of each school 51201.5 AR 6142.1 Explanation of the
year or before receiving 51555 AR 6142.2 instruction; right to
instruction on AIDS, family life request specific Education
human sexuality, sexually Code sections
transmitted diseases

In grades 9-12 51216 AR 6146.1 Need to meet prescribed
proficiency standards in
order to receive diploma

Prior to child 51550; Welfare BP 5141.41 Child abuse prevention
participation in program and Institutions programs
Code 18976.5

At least 15 days before 51820 AR 6142.1 Venereal disease
instruction starts instruction

Upon assessment and 52164.1, BP 6174 Program of education
reassessment of English 52164.3, AR 6174 for English language
proficiency and enroll- 52173; learners
ment in program of 5 CCR 4306
education for English
language learners

Within 20 working days 60641; AR 6162.5 Results of tests; test
of receiving results of 5 CCR 863 purpose, individual score
standardized achievement and intended use
tests

When child is enrolled Health and BP 5141.32 Health screening
in kindergarten Safety Code examination
124085, 124100

Prior to student 5 CCR 3831 AR 6172 Gifted and talented
participation in program student program

To students in grades 5 CCR 11523 AR 6146.2 Notice of proficiency
11 and 12, early enough examination provided
to enable registration under Education Code
for current fall test 48412

When child is selected 20 USC 6319 AR 6171 Parent's right to help
to participate in design and implement
Title I program Title I programs

E 5145.6(f)


PARENTAL NOTIFICATIONS (continued)


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject


III. When Special Circumstances Occur

Upon receipt of a 262.3 AR 1312.3 Civil law remedies
complaint alleging available to
discrimination complainants

Within 45 days after 32243 BP 3514.1 Childhood Lead
a school is determined Poisoning Prevention
to have significant risk Act
factors for lead

At least six months 35183 AR 5132 Dress code policy
before implementing requiring schoolwide
a schoolwide uniform uniform
policy

When student transfers 35291, BP 5131 District and site
into the district 35291.5 BP 5144 discipline rules

Before implementing a 37616 BP 6117 Continuous school
continuous school program program

When interdistrict 46601 BP 5117 Appeal process
transfer is requested
and not approved within
30 days

When student identified as 48070.5 AR 5123 Student at risk of
being at risk of retention retention

No later than 90 days after 48209.9 AR 5117.2 Provisional acceptance
applying for transfer under or rejection of
alternative interdistrict application
attendance program

By May 15 after applying 48209.9 AR 5117.2 Final acceptance or
for transfer under alter- rejection
native interdistrict
attendance program

When excluding a student 48213 AR 5112.2 Reasons for
from attendance exclusions;
parental rights

When a student is 48260.5 AR 5113 Parental obligation
classified a truant

E 5145.6(g)


PARENTAL NOTIFICATIONS (continued)


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject


III. When Special Circumstances Occur (continued)

When a truant is referred 48263 AR 5113 Name and address of
to a SARB or probation SARB or probation de-
department partment and reason for
referral

Prior to involuntary 48432.5 AR 6184 Right to require
transfer to continuation meeting prior to
transfer to continuation involuntary transfer to
school transfer to
continuation school

When teacher requires 48900.1 AR 5144.1 Parent/guardian
parental attendance attendance pursuant to
law

Prior to withholding 48904 AR 5125.2 Damaged school
grades, diplomas, or property
transcripts

When withholding grades, 48904.3 AR 5125.2 Next school will
diplomas or transcripts continue withholding
from transferring student grades, diplomas or
transcripts

When student is released 48906 BP 5145.11 Release of student to
to peace officer peace officer

At time of suspension 48911 BP 5144.1 Notice of suspension
AR 5144.1

When original period of 48911 AR 5144.1 Extension of suspension
suspension is extended

Before holding a closed 48912 AR 5144.1 Intent to hold a
session re suspension closed session re:
suspension

When student expelled 48915.1, AR 5119 Hearing re: possible
from another district 48918 danger presented by
for certain acts seeks expelled student
admission


E 5145.6(h)


PARENTAL NOTIFICATIONS (continued)


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject


III. When Special Circumstances Occur (continued)

When considering the 48915.5; AR 5144.2 Notice of intent to
expulsion of a special 34 CFR conduct preexpulsion
education student 300.504 assessment

When readmission is 48916 AR 5144.1 Reasons for denial;
denied determination of
assigned program

When expulsion occurs 48916 AR 5144.1 Description of readmis-
sion procedures

10 calendar days before 48918 AR 5144.1 Notice of expulsion
expulsion hearing hearing

When expulsion or 48918 AR 5144.1 Decision to expel;
suspension of expulsion right to appeal to
occurs county board;
obligation to inform new
district of status

One month before the 48980 BP 6111 When minimum days are
scheduled minimum day scheduled after the
beginning of the school
year

When parents request 48987 BP 1312.1 Guidelines for filing
guidelines for filing complaint of child abuse
complaint of child abuse at a school site with local
at a school site child protective agencies

When student in danger 49067 AR 5121 Student in danger
of failing a course of failing a course

When student transfers 49068 AR 5125 Right to receive copy
from another district or of student's record
private school

Before release of 49077 AR 5125 Release of information
information pursuant to pursuant to court order
court order or subpoena or subpoena

Before student serves 49302 AR 5142.2 Parental consent
on safety patrol


E 5145.6(i)


PARENTAL NOTIFICATIONS (continued)


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject


III. When Special Circumstances Occur (continued)

When injurious object 49332 AR 5131.7 Weapons and dangerous
is taken from student objects

When screening results in 49452.5 BP 5141.3 Scoliosis screening
suspicion that student
has scoliosis

When test results in 49456 BP 5141.3 Vision or hearing test
discovery of visual or
hearing defects

Before guest speaker or 51201.5 AR 6142.1 Date of instruction,
assembly on AIDS pre- 51554 AR 6142.2 name of organization,
vention, family life, 51555 right to request specific
human sexuality, sexually Education Code sections
transmitted diseases

When a school is formally 52053.5 None Identification of "focus
identified as a focus school;" how parents may
school volunteer for instruc-
tional improvement team

When migrant education 54444.2 BP 6175 Parent advisory council
program is established AR 6175 membership composition

Upon receipt of Attorney Penal Code BP 3515 Contents and
General's handbook re: 626.1 availability of
crimes on school grounds, handbook
in next regular communica-
tion to parent/guardian

When hearing is requested Penal Code AR 3515.2 Notice of hearing
by person asked to leave 627.5
school premises

When providing written 5 CCR 4631 AR 1312.3 Appeal rights and
decision in response to a procedures
complaint re: discrimina-
tion, special education,
or noncompliance with
laws regulating educa-
tional programs

E 5145.6(j)


PARENTAL NOTIFICATIONS (continued)


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject

III. When Special Circumstances Occur (continued)

When student transfers 34 CFR 99.34 AR 5125 Right to review records
out-of-state and records are
disclosed without consent
pursuant to 34 CFR 99.30


Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject

IV. Special Education Notices

Within 15 days of 56321, AR 6159.1 Proposed assessment
referral for assessment 56321.5, AR 6164.4 plan and related
for special education 56329, parental rights
programs 56500.3;
34 CFR 104.36

24 hours before IEP 56341 AR 6159 Intention to tape record
when intending to tape record IEP meeting

When parent orally 56343.5 AR 6159 Need for written request
requests review of IEP

Prior to participation in 56346, BP 6159 Notice of IEP meetings,
special education 56380 AR 6159 why participation
necessary

20 days before terminat- 56366 BP 6159.2 Notice of contract
ing contract for nonpublic termination for cause
nonsectarian school services

Prior to IEP review 56380 AR 6159 Notice of IEP review

10 days before using an 56507 AR 6159.1 Intent to be represented
attorney to present argu- by an attorney
ments at state hearing


Exhibit COMPTON UNIFIED SCHOOL DISTRICT
version: April 11, 2000 Compton, California

Students BP 5145.7(a)

SEXUAL HARASSMENT


The Board of Trustees prohibits sexual harassment of or by any student. This policy applies to conduct during and relating to school and school sponsored activities. Sexual harassment is inappropriate and offensive. All students have a right to be educated in an environment free from sexual harassment.

Teachers shall discuss this policy with their students in age-appropriate ways and should assure them that they need not endure any form of sexual harassment.

Discipline/Consequences

Any student who engages in the sexual harassment of anyone in the school setting may be subject to disciplinary action up to and including expulsion.

Any employee who permits or engages in sexual harassment of students may be subject to disciplinary action up to and including dismissal.

Any employee who receives a complaint of sexual harassment from a student and who does not act promptly to forward that complaint to the principal and a complaint officer shall be disciplined appropriately. The Associate Superintendent, Human Relations and the Director, Classified Personnel, are hereby designated as the District's complaint officers for their respective classes of personnel.

Student Sexual Harassment Policy

The Board of Trustees encourages and expects students or staff to immediately report incidents of student sexual harassment. Any student who feels that he/she is being harassed should immediately contact a teacher, counselor, or administrator at his/her school. Staff members should immediately report incidents of student sexual harassment to the principal or his/her designee.

If a situation involving sexual harassment is not promptly remedied at the site, a complaint of harassment can be filed in accordance with AR 1312.3, Uniform Complaint Procedures.

BP 5145.7(b)

SEXUAL HARASSMENT (continued)


Retaliation Prohibited

The District prohibits retaliatory behavior against any complainant or any participant in the complaint process. The initiation of a complaint of sexual harassment will not reflect negatively on the student who initiates the complaint nor will it affect the student's academic standing, rights or privileges.

Privacy

Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned to the extent permitted by law and to the extent it does not interfere with the district's ability to investigate or take corrective action.

Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex
48900.2 Additional grounds for suspension or expulsion; sexual harassment
48904 Liability of parent/guardian for willful student misconduct
48980 Notice at beginning of term
CIVIL CODE
51.9 Liability for sexual harassment; business, service and professional relationships
1714.1 Liability of parents/guardians for willful misconduct of minor
UNITED STATES CODE, TITLE 20
1681-1688 Title IX, Discrimination
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
CODE OF FEDERAL REGULATIONS, TITLE 34
106.1-106.71 Nondiscrimination on the basis of sex in education programs
COURT DECISIONS
Davis v. Monroe County Board of Education (1999) No. 97-843, 1999 U.S. Lexis 3452, -- U.S.--
Gebser v. Lago Vista Independent School District (1998) 118 S.Ct. 1989
Nabozny v. Podlesny (1996, 7th Cir.) 92 F.3d 446
Doe v. Petaluma City School District (1995, 9th Cir.) 54 F.3d 1447
Oona R.-S. etc. v. Santa Rosa City Schools et al (1995) 890 F.Supp. 1452
Rosa H. v. San Elizario Ind. School District, (W.D. Tex. 1995) 887 F. Supp. 140, 143
Clyde K. v. Puyallup School District #3 (1994) 35 F.3d 1396
Patricia H. v. Berkeley Unified School District (1993) 830 F.Supp. 1288
Franklin v. Gwinnet County Schools (1992) 112 S. Ct. 1028
Kelson v. City of Springfield, Oregon (1985, 9th Cir.) 767 F.2d 651

Management Resources: (see next page)


BP 5145.7(c)

SEXUAL HARASSMENT (continued)

Management Resources:
OFFICE OF CIVIL RIGHTS AND NATIONAL ASSOCIATION OF ATTORNEYS GENERAL
Protecting Students from Harassment and Hate Crime: A Guide for Schools, January 1999
OFFICE OF CIVIL RIGHTS
Sexual Harassment Guidance, 62 FR 49, 1997
WEB SITES
OCR: http://www.ed.gov/offices/OCR


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5145.7(a)

SEXUAL HARASSMENT


Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors and other verbal, visual, or physical conduct of a sexual or gender-based nature when: (Education Code 212.5)

1. Submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status or progress.

2. Submission to, or rejection of, the conduct by an individual is used as the basis for academic or employment decisions affecting the individual.

3. The conduct has the purpose or effect of having a negative impact on the individual's academic or work performance, or of creating an intimidating, hostile, or offensive educational or work environment.

4. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the school.

Recognizing Sexual Harassment

Examples of conduct which are prohibited in the District and which may constitute sexual harassment include:

· Unwelcome leering, sexual flirtations or propositions.

· Unwelcome sexual or gender-based slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions.

· Unwelcome graphic verbal comments about an individual's body, or overly personal conversation.

· Unwelcome questions or commentary about a person's sexual activity.

· Unwelcome sexually suggestive sounds or gestures, such as sucking noises, winking, or throwing kisses.

· Unwelcome sexual or gender-based jokes, stories, innuendoes, drawings or pictures.

· Unwelcome spreading of sexual rumors.


AR 5145.7(b)

SEXUAL HARASSMENT (continued)


· Unwelcome touching, patting, pinching, stroking, squeezing, tickling, or brushing against a person.

· Cornering or blocking or normal movements; stalking.

· Rating a person's sexuality or attractiveness, as on a scale of one (1) to ten (10).

· Displaying sexually suggestive objects in the educational or work environment.

· Name calling, denigrating an individual because of gender.

· Sexist or stereotyped comments.

· Any act of retaliation against an individual who reports a violation of the district's sexual harassment policy or who participates in the investigation of a sexual harassment complaint.

Nature of Sexual Harassment

Sexual harassment may occur:

· student to student

· staff to student

· student to staff

· male to male

· female to female

· male to female

· female to male

AR 5145.7(c)

SEXUAL HARASSMENT (continued)


Notifications

A copy or facsimile of the district's sexual harassment policy shall:

1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year. (Education Code 49080)

2. Be displayed in a prominent location or other area of the campus or site. (Education Code 231.9)

3. Be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session. (Education Code 231.5)

4. Appear in any school or district publication that sets forth the school or district's comprehensive rules, regulations, procedures and standards of conduct. (Education Code 231.5)

Enforcement

Each site manager and principal has the responsibility of maintaining a work environment and/or educational environment free of sexual harassment. Site managers and principals shall take appropriate actions to reinforce the district's sexual harassment policy. These actions will include:

1. Prompt removal of vulgar or sexually offensive graffiti.

2. Providing staff in-service by the first week of each school year.

3. Providing student instruction about sexual harassment.

4. Taking appropriate disciplinary action as needed.

Reporting Procedure/Investigation

· The Board encourages and expects students to immediately report incidents of sexual harassment to any teacher, counselor, or administrator at the school site.


AR 5145.7(d)

SEXUAL HARASSMENT (continued)


· Any certificated or classified employee who has received a report, verbally or in writing, from any student regarding sexual harassment of that student, or another student by a student or adult in the educational setting, must forward that report to the principal within twenty-four (24) hours, or within a reasonable extension of time thereafter for good cause.

· All complaints of sexual harassment will be investigated and promptly resolved.

· Upon receipt of an allegation of sexual harassment, the principal will designate an investigator who will initiate an investigation of the complaint within forty-eight (48) hours.

· The District will designate management employees at each school site who are trained to investigate sexual harassment complaints.

· Verbal reports of sexual harassment will be put in writing by the individual complaining or the person who receives the complaint and will be signed by the person complaining.

· Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned to the extent permitted by law and to the extent it does not interfere with the district's ability to investigate or take corrective action.

· The complaint investigator will put his/her findings in writing and will forward a copy to the principal within one week, or a reasonable extension of time thereafter for good cause, after concluding the investigation.

· Complaints by students of sexual harassment by staff will be handled in accordance with District Policy and Administrative Regulation 4119.11.

· The investigator will communicate his/her findings to the complainant and the alleged harasser as expeditiously as possible.

· Results may be indeterminate. If so, the matter will be recorded as unresolved and the record will be maintained in the District complaint files.


AR 5145.7(e)

SEXUAL HARASSMENT (continued)


· Appropriate discipline, up to and including expulsion, will be imposed if an investigator determines that sexual harassment, or other inappropriate behavior has occurred.

· A yearly record/log of all sexual harassment complaints made by parents and/or students, and disposition of the complaints shall be kept at each site until June of each school year at which time they shall be forwarded to the Associate Superintendent, Human Relations.

The above reporting/investigation procedures apply to internal investigation by the District of complaints.

Nothing in this reporting procedure shall relieve any employee at the District from the reporting obligation imposed under the Child Abuse Neglect and Reporting Act and District Policies and Regulations.

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5145.8

REFUSAL TO HARM OR DESTROY ANIMALS


The Board of Trustees supports the right of students to refrain from participating in instruction which involves dissecting or otherwise harming or destroying animals when they have a moral objection to such activities.

Students shall not be discriminated against because of a decision to exercise this right. (Education Code 32255.1)

(cf. 5145.2 - Nondiscrimination/Harassment)

After notifying the teacher of his/her objection pursuant to law and administrative regulations, the student shall be excused from the project and may be provided an appropriate alternative project. The Board encourages staff, whenever possible, to provide an alternative project that teaches the same knowledge and skills as the original project. In any case, staff shall ensure the effective use of students' time by providing instructional activities relevant to the course of study.

Legal Reference:
EDUCATION CODE
32255-32255.6 Student's right to refrain from harmful/destructive use of animals
48980 Parental notification at beginning of term
48981-48984 Method and content of notification; signature required

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5145.8

REFUSAL TO HARM OR DESTROY ANIMALS


At the beginning of each academic year, the district shall notify parents/guardians, in writing, of students' right to refrain from instruction involving harm or destruction of animals. (Education Code 48980, 48981)

(cf. 5145.6 - Parental Notifications)

In addition, each teacher of a course that uses live or dead animals or animal parts shall inform students of their right to refrain from the harmful or destructive use of animals. (Education Code 32255.4)

Students who wish to refrain from such instruction shall notify the teacher and shall provide a note from their parent/guardian substantiating the objection. (Education Code 32255.1)

A teacher's determination of whether a student may pursue an alternative project or be excused from the project shall not be arbitrary or capricious. (Education Code 32255.3)

If the teacher believes an adequate alternative project is possible, he/she may work with the student to develop and agree upon an alternative project which would provide the knowledge, information or experience required by the course of study. Alternative projects include but are not limited to the use of video tapes, models, films, books and computers. The alternative project shall involve time and effort comparable to that required by the original project. (Education Code 32255, 32255.1)

Students who participate in an alternative project shall pass all course examinations in order to receive course credit. Students may request an alternative test, however, if a regular examination requires the harmful or destructive use of animals. (Education Code 32255.1)

This right shall apply to all K-12 courses, except classes and activities conducted as part of agricultural education that provide instruction on the care, management and evaluation of domestic animals. (Education Code 32255.5, 32255.6)

Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5145.9(a)

HATE-MOTIVATED BEHAVIOR


The Board of Trustees affirms the right of every student to be protected from hate-motivated behavior. It is the intent of the Board to promote harmonious relationships that enable students to gain a true understanding of the civil rights and social responsibilities of people in our society. Behavior or statements that degrade an individual on the basis of his/her race, ethnicity, culture, heritage, gender, sexual orientation, physical/mental attributes, religious beliefs or practices shall not be tolerated.

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 0450 - Comprehensive Safety Plan)
(cf. 3515.4 - Recovery for Property Loss or Damage)
(cf. 5131.5 - Vandalism, Theft and Graffiti)
(cf. 5136 - Gangs)
(cf. 5137 - Positive School Climate)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.7 - Sexual Harassment)
(cf. 6141.6 - Multicultural Education)

Any student who feels that he/she is a victim of hate-motivated behavior shall immediately contact the principal or designee. If the student believes that the situation has not been remedied by the principal or designee, he/she may file a complaint in accordance with district complaint procedures.

(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.3 - Uniform Complaint Procedures)

Staff who receive notice of hate-motivated behavior or personally observe such behavior shall notify the principal, Superintendent or designee, and law enforcement, as appropriate. Students demonstrating hate-motivated behavior shall be subject to discipline in accordance with Board policy and administrative regulation.

(cf. 3515.3 - District Police Department)
(cf. 4158/4258/4358 - Employee Security)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

In addition, the district shall provide counseling and appropriate sensitivity training and diversity education for students exhibiting hate-motivated behavior. The district shall also provide counseling, guidance and support, as necessary, to those students who are the victims of hate-motivated behavior.

BP 5145.9(b)


HATE-MOTIVATED BEHAVIOR (continued)


(cf. 6164.2 - Guidance/Counseling Services)

The Superintendent or designee shall ensure that staff receive appropriate training to recognize hate-motivated behavior and methods for handling such behavior in appropriate ways.

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)

The district shall provide age-appropriate instruction to help promote understanding of and respect for human rights.

At the beginning of each school year, students and staff shall receive a copy of the district's policy on hate-motivated behavior.

Legal Reference: (see next page)

BP 5145.9(c)


HATE-MOTIVATED BEHAVIOR (continued)

Legal Reference:
EDUCATION CODE
200-262 Prohibition of discrimination on the basis of sex
48900.3 Suspension for hate violence
PENAL CODE
186.21 Street terrorism; legislative findings and declarations
422.6-422.95 Civil Rights
11410-11414 Terrorism
13023 Reports by law enforcement of crimes motivated by race, ethnicity, religion, sexual orientation or physical or mental disability
13519.6 Hate crimes, training courses and guidelines
UNITED STATES CODE, TITLE 18
245 Federally protected activities

Management Resources:
CSBA PUBLICATIONS
Protecting Our Schools: Board of Trustees Strategies to Combat School Violence, 1995
ALAMEDA OFFICE OF EDUCATION & CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Hate-Motivated Behavior in Schools: Response Strategies for School Boards, Administrators, Law Enforcement and Communities, 1997
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS & NATIONAL ASSOCIATION OF ATTORNEYS GENERAL PUBLICATIONS
Protecting Students from Harassment and Hate Crime: A Guide for Schools, 1999
WEB SITES
CDE: http://www.cde.ca.gov
California Association of Human Relations Organizations: http://www.cahro.org
United States Department of Education, Office of Civil Rights: http://www.ed.gov/
offices/OCR/index.html

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5146(a)

MARRIED/PREGNANT/PARENTING STUDENTS


The Board of Trustees recognizes that early marriage, pregnancy or parenting may disrupt a student's education and increase the chance of a student dropping out of school. The Board therefore desires to provide instruction and services designed to assist in pregnancy prevention. The Board also desires to support pregnant and parenting students to attain strong academic and parenting skills and to promote the healthy development of their children.

(cf. 5147 - Dropout Prevention)
(cf. 5149 - At-Risk Students)
(cf. 6011 - Academic Standards)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)
(cf. 6146.2 - Certificate of Proficiency/High School Equivalency)

Married, pregnant and parenting students shall have the same educational and extracurricular opportunities as all students. Participation in special programs or schools shall be voluntary.

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 5127 - Graduation Ceremonies and Activities)
(cf. 6145 - Extracurricular and Cocurricular Activities)

For school-related purposes, married students under the age of 18 are emancipated minors and have all the rights and privileges of a student who is 18, even if the marriage has been dissolved. (Family Code 7002)

Pregnant and Parenting Students

The Board is committed to providing a comprehensive, continuous, community-linked program for pregnant and parenting students and their children that reflects the cultural and linguistic diversity of the community.

The Superintendent or designee shall collaborate with the County Superintendent of Schools and other community agencies and organizations to ensure that appropriate educational and related support services are available to meet the needs of pregnant and parenting teens and their children.

(cf. 1020 - Youth Services)
(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)

BP 5146(b)


MARRIED/PREGNANT/PARENTING STUDENTS (continued)

School placement and instructional strategies for participating pregnant or parenting students shall be determined on a case-by-case basis and shall be appropriate to the student's individual needs and learning styles. The student may continue attending school in the regular classroom or continuation education setting, may attend a separate program established for pregnant students, may enroll in adult education with adult status regardless of age, or may pursue a hospital instruction or independent study program.

(cf. 6158 - Independent Study)
(cf. 6182 - Opportunity School/Class/Program)
(cf. 6183 - Home and Hospital Instruction)
(cf. 6184 - Continuation Education)
(cf. 6200 - Adult Education)

The classroom setting shall be the preferred instructional strategy unless an alternative is necessary to meet the needs of the individual student and/or child. (Education Code 54745)

In addition to providing a quality academic program for pregnant and parenting students, the district's program shall provide parenting education and life skills classes, special school nutrition supplements for pregnant and lactating students, a child care and development program for the children of enrolled students on or near the school site, and other support services authorized by Education Code 54746 as necessary to meet the needs of students and their children. (Education Code 54745)

(cf. 3550 - Food Service/Child Nutrition Program)
(cf. 5141.6 - School-Based Health and Social Services)
(cf. 5148 - Child Care and Development)
(cf. 6164.2 - Guidance/Counseling Services)

Pregnancy Prevention Program

The Superintendent or designee shall ensure that age-appropriate, culturally sensitive and community-sensitive instruction and services are available to assist in the prevention of pregnancy among minors. The district's program shall be based on strategies that have proven effective in delaying the onset of sexual activity and reducing the incidence of pregnancy among school-age youth.

BP 5146(c)

MARRIED/PREGNANT/PARENTING STUDENTS (continued)

Instruction shall include information regarding the consequences of pregnancy upon both the mother and father, including the effect upon future educational and employment opportunities; the meaning of parental responsibility and its effect upon one's personal life; strategies for resisting peer group pressure; and abstinence as a method of pregnancy prevention. Such instruction may be incorporated into health, social science or other appropriate courses in accordance with the requirements for those courses.

(cf. 5141.25 - Availability of Condoms)
(cf. 6142.1 - Family Life/Sex Education)
(cf. 6142.8 - Comprehensive Health Education)
(cf. 6143 - Courses of Study)

Legal Reference:
EDUCATION CODE
2551.3 Determination of state aid for pregnant minors program
8920-8929 Teenage pregnancy prevention grant program
17293 School facilities for pregnant/parenting teen programs
48220 Compulsory education requirement
48410 Persons exempted from continuation classes
49553 Nutrition supplements for pregnant/lactating students
49558 Confidentiality of applications and records for free or reduced price meals
51220.5 Parenting skills and education
51745 Independent study
52610.5 Enrollment of pregnant and parenting students in adult education
54740-54749.5 California School Age Families Education Program (Cal-SAFE)
FAMILY CODE
7002 Description of emancipated minor
7050 Purposes for which emancipated minor considered an adult
HEALTH AND SAFETY CODE
124175-124200 Adolescent and Family Life Act
CODE OF REGULATIONS, TITLE 5
11820-11834 Pregnant minor program
18140-18175 School-age parenting and infant development programs
UNITED STATES CODE, TITLE 20
1681-1688 Title IX, Education Act Amendments
CODE OF FEDERAL REGULATIONS, TITLE 34
106.40 Marital or parental status

Management Resources:
CDE PUBLICATIONS
Pregnant and Parenting Students: Cal-Learn Update/County Teen Birth Data Update, 9/12/1994
Pregnant and Parenting Students: A Report to the Legislature, April 1996
SBE POLICIES
Policy statement on adolescent pregnancy and parenting, July 9, 1993
WEB SITES
CDE: http://www.cde.ca.gov

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California


Students AR 5146(a)

MARRIED/PREGNANT/PARENTING STUDENTS


The Superintendent or designee may grant students a leave of absence due to pregnancy, childbirth or abortion for as long as it is deemed medically necessary. At the conclusion of the leave, the student shall be reinstated to the status she held when the leave began. (34 CFR 106.40)

(cf. 5112.3 - Student Leave of Absence)

Pregnant and parenting students also may request exemption from attendance because of a physical or mental condition or because of personal services that must be rendered to a dependent. (Education Code 48410)

(cf. 5112.1 - Exemptions from Attendance)

Cal-SAFE Program

A male or female student who is an expectant parent, the custodial parent, or the noncustodial parent taking an active role in the care and supervision of the child, shall be eligible to enroll in the district's program for pregnant or parenting students under any of the following conditions: (Education Code 54747)

1. The student is age 18 years of age or younger and has not earned a high school diploma or its equivalent.

2. The student is age 19, has not earned a high school diploma or its equivalent, and has been continuously enrolled in the program for pregnant/parenting students since before his/her 19th birthday. Such a student may be enrolled in the program for one additional semester.

3. The student is below age 22 and has an active Individualized Education Plan.

(cf. 6159 - Individualized Education Program)

Students shall be enrolled in programs for pregnant and parenting students on an open-entry and open-exit basis. (Education Code 54745)

The Superintendent or designee shall complete an intake procedure regarding each student and child upon entry into the program, and periodically thereafter as necessary, to determine appropriate levels and types of services to be provided. (Education Code 54746)

AR 5146(b)


MARRIED/PREGNANT/PARENTING STUDENTS (continued)


The Superintendent or designee shall provide staff development and community outreach in order to establish a positive learning environment and school policies supportive of pregnant and parenting students' academic achievement and to promote the healthy development of their children. (Education Code 54745)

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)

The Superintendent or designee shall cooperate with the County Superintendent of Schools to develop and annually update the county service coordination plan for providing educational and related support services to pregnant and parenting teens and their children. He/she also shall participate in data collection and evaluation of the program. (Education Code 54745)

(cf. 6190 - Evaluation of the Instructional Program)
(cf. 9000 - Role of the Board)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California


Students BP 5147

DROPOUT PREVENTION


Because high school graduation provides a foundation for postsecondary educational opportunities, successful employment and/or lifelong learning, the Board of Trustees believes that every student in the district should remain in school and meet district standards for graduation. The Board desires to provide a challenging learning environment that encourages school attendance.

(cf. 5113 - Absences and Excuses)
(cf. 6011 - Academic Standards)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)
(cf. 6146.5 - Elementary School Promotion/Standards of Proficiency)

The objectives of the district's dropout prevention program shall be to help students become self-motivated, acquire the basic skills necessary for all higher learning and meet district standards at each grade level.

The Superintendent or designee shall develop strategies to identify and serve students at all grade levels who are at risk of dropping out of school. These may include students who demonstrate frequent absenteeism, truancy or tardiness, are achieving below grade-level expectations, or may drop out because of personal, social, health or economic reasons.

(cf. 0420.3 - School-Based Student Motivation and Maintenance Program)
(cf. 5149 - At-Risk Students)

Legal Reference:
EDUCATION CODE
35160 Authority of governing board
52300-52331 Regional Occupational Centers
52890 Outreach consultants
52900-52904 Alternative education and work centers
54660-54669 The Elementary and Secondary Dropout Prevention Act of 1969
54685-54686.2 The Early Intervention for School Success Program
54690-54697 Partnership academies
54720-54734 School-Based Pupil Motivation and Maintenance Program and Dropout Recovery Act
58550-58562 Educational clinics
69561 Outreach to increase motivation for low-income fifth and sixth graders


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students BP 5148(a)

CHILD CARE AND DEVELOPMENT


The Board of Trustees desires to provide child care and development services on or near school campuses which meet the developmental needs of children and offer a convenient child care alternative for parents/guardians in the community. The Board anticipates that these services also will generate increased parental and community involvement in the schools, provide an opportunity for parenting students to receive assistance while continuing their education, and provide work experience as part of the CalWORKs program.

The district shall provide a quality child care and development program located on or near the school site for the children of teen parents enrolled in the district's Teen Mother's Cal-SAFE program for parenting teens. Such services shall be available whenever enrolled teen parents are participating in a school-approved activity during or outside the school day. Children shall be eligible for enrollment from birth to age five years or until they enroll in kindergarten, whichever occurs first, as long as the teen parent is enrolled in the Cal-SAFE program. (Education Code 54743, 54745, 54746)

(cf. 5146 - Married/Pregnant/Parenting Students)

The Superintendent or designee shall work cooperatively with the local Child Care and Development Planning Council, public and private agencies, parents/guardians and other community members to assess child care needs in the community, establish program priorities, obtain ongoing feedback on program quality and inform parents/guardians about child care options.

(cf. 1020 - Youth Services)
(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)
(cf. 1700 - Relations Between Private Industry and the Schools)

The district's child care and development services shall be designed to support the cognitive, physical, social and emotional development of children in a safe, healthy environment. Activities and services shall be age and developmentally appropriate and shall consider the cultural, linguistic, economic and other special needs of children and families being served. The program shall be consistent with and support the district's regular educational program and shall provide access to essential support services.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 3550 - Food Service/Child Nutrition Program)
(cf. 5141.6 - School-Based Health and Social Services)

BP 5148(b)


CHILD CARE AND DEVELOPMENT (continued)


The Superintendent or designee shall ensure that individuals working in child care and development programs have the necessary qualifications and have satisfied all legal requirements as specified in Board policy and administrative regulation.

(cf. 1240 - Volunteer Assistance)
(cf. 4112.2 - Certification)
(cf. 4112.4/4212.4/4312.4 - Health Examinations)
(cf. 4112.5/4312.5 - Criminal Record Check)

The Superintendent or designee shall identify locations in both current and future facilities where child care programs might be placed without adverse impact on the district's instructional program.

(cf. 1330 - Use of School Facilities)
(cf. 3280 - Sale, Lease, Rental of District-Owned Real Property)
(cf. 7110 - Facilities Master Plan)

The district's program shall provide child care and development services immediately before and after normal school hours on a limited basis for school age children.

These services shall be available to school-age children in grades kindergarten through grade 3 in the district's child care and development program.

These services may be available to children up to age 14 in the district's program funded through other initiatives (i.e. Afterschool Learning and Safe Neighborhood Program)..

The Superintendent or designee shall ensure that subsidized child care is provided to eligible families to the extent that state and/or federal funding is available, and shall establish priorities in accordance with law. In addition to priorities for subsidized care, priority shall be given to district students and children of district employees.

BP 5148(c)

CHILD CARE AND DEVELOPMENT (continued)


(cf. 5111.1 - District Residency)
(cf. 5116 - School Attendance Boundaries)

To the extent that space is available, the Superintendent or designee may allow children residing outside the district to enroll in the district's child care and development program.

Legal Reference:
EDUCATION CODE
8200-8499.7 Child Care and Development Services Act
17264 New construction; accommodation of before and after school programs
54740-54749 Cal-SAFE program for pregnant/parenting students and their children
56244 Staff development funding
HEALTH AND SAFETY CODE
1596.70-1596.895 California Child Day Care Act
1596.90-1597.21 Day care centers
120325-120380 Immunization requirements
CODE OF REGULATIONS, TITLE 5
18000-18308 Child care and development programs
CODE OF REGULATIONS, TITLE 22
101319 Admission policies
UNITED STATES CODE, TITLE 42
9831-9852a Head Start programs
9855-9855g Head Start Transition Program
9858-9858q Child Care and Development Block Grant

Management Resources:
CDE PROGRAM ADVISORIES
06121.89 Educating Young Children: Next Steps in Implementing the School Readiness Task Force Report
CDE PUBLICATIONS
Here They Come: Ready or Not!, Report of the School Readiness Task Force, 1988

Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5148(a)

CHILD CARE AND DEVELOPMENT


Program Components

The district's child care and development program shall include: (Education Code 8240)

1. Age and developmentally appropriate activities for children

2. Supervision

3. Parenting education and parent/guardian involvement

(cf. 6020 - Parent Involvement)

4. Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies

5. Health services

(cf. 5141.6 - School-Based Health and Social Services)

6. Nutrition

(cf. 3550 - Food Service/Child Nutrition Program)

7. Training and career ladder opportunities

A developmental profile shall be maintained for each child served by the program. Each child's profile shall appropriately identify the child's emotional, social, physical and cognitive growth. The profile shall be maintained from the time the child enters the program until he/she leaves. (Education Code 8203.5)

Admissions

Admissions policies shall include criteria designating those children whose needs can be met by the center's program and services, the ages of children who will be accepted, program activities, any supplementary services provided, any field trip provisions, any transportation arrangements, food service provisions and a medical assessment requirement. (22 CCR 101319)

Eligible children with disabilities shall be given equal access to child care and development services. (Education Code 8250)


AR 5148(b)


CHILD CARE AND DEVELOPMENT (continued)


(cf. 6159 - Individualized Education Program)
(cf. 6164.4 - Identification of Individuals for Special Education)

The Superintendent or designee shall verify each child's eligibility for the district's child care and development program, including but not limited to verifications of the child's age and district residency based on written documentation provided by the parents/guardians.

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 5111 - Admission)
(cf. 5111.1 - District Residency)
(cf. 5145.3 - Nondiscrimination/Harassment)

A physical examination and evaluation, including age-appropriate immunization, shall be required prior to or within six weeks of enrollment, unless the parent/guardian submits a letter stating that such examination is contrary to his/her religious beliefs. (Education Code 8263)

(cf. 5141.22 - Infectious Diseases)
(cf. 5141.3 - Health Examinations)
(cf. 5141.31 - Immunizations)

The district shall maintain a current waiting list in accordance with admission priorities. (5 CCR 18106)

The district's admission policies and procedures shall be made available to the public. (5 CCR 18105)

Fees

Fees may be charged to families using the district's child care and development services according to the fee schedule established by the Superintendent of Public Instruction. (Education Code 8263)

Fees shall be collected prior to providing services and shall be considered delinquent after seven calendar days. In the event that fees are delinquent, parents/guardians shall be notified. If a reasonable plan for payment of delinquent fees has not been provided by the parents/guardians, services shall be terminated if all delinquent fees are not paid within two weeks of such notification. Parents/guardians shall receive a copy of the district's regulations regarding fee collection at the time of initial enrollment into the program. (5 CCR 18114, 18115)

AR 5148(c)


CHILD CARE AND DEVELOPMENT (continued)


No fees shall be assessed for families whose income level is less than the first entry in the fee schedule or whose children are enrolled because of a need for child protective services. Fees also shall not be assessed for children enrolled in a Cal-SAFE program, state preschool program, federally based migrant program or program for severely disabled children. (Education Code 8250, 8263, 54745; 5 CCR 18110)

The Superintendent or designee shall establish a process which includes parents/guardians in determining whether and how much to charge parents/guardians for field trip expenses. This process also shall be used to determine whether to require parents/guardians to provide diapers.

Subsidized Services

To be eligible for subsidized child care and development services, a family shall be at least one of the following: (Education Code 8263)

1. A current aid recipient

2. Income eligible

3. Homeless

4. One whose children are recipients of protective services, or whose children have been identified as being, or are at risk of being, abused, neglected or exploited

In addition, an eligible family shall be determined to need the child care service because the child is identified by a legal, medical, social service agency or emergency shelter as one of the following: (Education Code 8263)

1. A recipient of protective services

2. Being, or at risk of being, neglected, abused or exploited

3. Having a medical or psychiatric special need which cannot be met without the provision of child day care, or having parents who are:

a. Engaged in vocational training leading directly to a recognized trade, paraprofession or profession

b. Employed or seeking employment


AR 5148(d)


CHILD CARE AND DEVELOPMENT (continued)


c. Seeking permanent housing for family stability

d. Incapacitated, including a medical or psychiatric special need which cannot be met without provision of child day care

First priority shall be given to neglected or abused children who are recipients of child protective services, or recipients who are at risk of being neglected or abused, upon written referral from a legal, medical or social service agency. Second priority shall be equally given to families who are income eligible, based on gross monthly income in relation to family size as determined by a schedule adopted by the State Superintendent of Public Instruction. (Education Code 8263)

Attendance

Sign in/sign out sheets shall be used daily for all children for attendance accounting purposes. (5 CCR 18065)

Attendance records shall include verification of excused absences, including the child's name, date(s) of absence, specific reason for absence and signature of parent/guardian or district representative. (5 CCR 18066)

Absences shall be excused for the following reasons: (Education Code 8208)

1. Illness or quarantine of the child or of the parent/guardian

2. Family emergency

3. Time spent with a parent/guardian or other relative as required by a court of law or which is clearly in the best interest of the child

A family emergency shall be considered to exist when unforeseen circumstances cause the need for immediate action, such as may occur in the event of a natural disaster or when a member of the child's immediate family dies, has an accident or is required to appear in court.

An absence shall be considered to be in the best interest of the child when the time is spent with the child's parent/guardian or other relative for reasons deemed justifiable by the program coordinator or site supervisor.


AR 5148(e)


CHILD CARE AND DEVELOPMENT (continued)


Except for children who are recipients of protective services or at risk of abuse or neglect, excused absences in the best interest of the child shall be limited to 10 days during the contract period. (5 CCR 18066)

Any absence due to a reason other than the above, or without the required verification, shall be considered an unexcused absence. After three unexcused absences during the year, the program coordinator or site supervisor shall notify the parents/guardians. Children who continue to have excessive unexcused absences may be removed from the program at the discretion of the program coordinator in order to accommodate other families on the waiting list for admission.

Parents/guardians shall be notified of the policies and procedures related to excused and unexcused absences for child care. (5 CCR 18066)

Each student admitted into the district's program shall be expected to participate the full day that the program is in operation, except when the student's parents/guardians request, in writing, reasonable early daily release of their child and the Superintendent or designee approves the request or when the Superintendent or designee deems it necessary to so release the student.

Parent/Guardian Access

The Superintendent or designee shall inform parents/guardians of their right to enter and inspect child care facilities during normal operating hours or any time their child is receiving services in the facilities. (Health and Safety Code 1596.857)


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

Students BP 5149(a)

AT-RISK STUDENTS


The Board of Trustees recognizes that personal, social, health and economic conditions of children and families sometimes place students at greater risk of school failure. The Board believes, however, that each student can succeed in meeting district academic standards with an appropriate educational program and support services.

(cf. 6011 - Academic Standards)
(cf. 6146.1 - High School Graduation Requirements/Standards of Proficiency)
(cf. 6146.5 - Elementary School Promotion/Standards of Proficiency)

The Superintendent or designee shall develop strategies to address the needs of district students at risk. District assessments and ongoing classroom evaluations shall be used to identify students performing below grade level or at risk of failing to meet district standards. The primary emphasis shall be on prevention and early intervention. The Superintendent or designee also shall ensure that school staff is prepared to implement intervention strategies as needed or to make appropriate referrals.

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)
(cf. 5131.6 - Alcohol and Other Drugs)
(cf. 5136 - Gangs)
(cf. 5141.23 - Infectious Disease Prevention)
(cf. 5141.3 - Health Examinations)
(cf. 5141.31 - Immunizations)
(cf. 5141.32 - Child Health and Disability Prevention Program)
(cf. 5141.4 - Child Abuse Reporting Procedures)
(cf. 5141.41 - Child Abuse Prevention)
(cf. 5141.52 - Suicide Prevention)
(cf. 5146 - Married/Pregnant/Parenting Students)
(cf. 5147 - Dropout Prevention)
(cf. 6162.5 - Student Assessment)
(cf. 6164.4 - Identification of Individuals for Special Education)
(cf. 6164.5 - Student Study Teams)
(cf. 6164.6 - Identification and Education under Section 504)

Legal Reference: (see next page)


BP 5149(b)

AT-RISK STUDENTS (continued)

Legal Reference:
EDUCATION CODE
8800-8807 Healthy Start support services for children
8900-8902 Pregnant minors program
11500-11506 Programs to encourage parent involvement
32230-32239 School violence reduction programs
35160 Authority of governing boards
35183 Gang-related apparel
44049 Report of alcohol or controlled substance abuse
48260-48273 Truancy
48400-48454 Continuation education
48630-48645 Opportunity schools
48660-48666 Community day schools
49400-49409 Student health
49450-49457 Physical examinations of students
49600-49604 Educational counseling, including:
49602 Confidentiality of student information
49604 Suicide prevention training for school counselors
51266-51266.5 Gang and substance abuse prevention curriculum
51268 Collaboration re drug, alcohol and tobacco prevention
51745-51745.3 Independent study programs
52000-52049 School improvement programs
52200-52212 Gifted and Talented Pupil Program
52800-52904 School-Based Program Coordination Act
54400-54425 Programs for disadvantaged children
54440-54445 Migrant children
54685-54686.2 Early Intervention for School Success Program
54720-54734 School-Based Pupil Motivation and Maintenance Program and Dropout Recovery Act
56000-56001 Special education programs
56302 Identification and assessment of needs for individuals with disabilities
58730-58736 Gang risk intervention programs
HEALTH AND SAFETY CODE
11802 Joint school-community alcohol abuse primary education and prevention program
11965.5-11967.5 School-community primary prevention program
120325-120380 Immunizations
121475-121520 Tuberculosis tests for students
124025-124110 Child health and disability prevention program
PENAL CODE
11164-11174.3 Child abuse and neglect reporting
WELFARE AND INSTITUTIONS CODE
4343-4360 Primary intervention programs - mental health
4370-4390 School-based early mental health intervention and prevention
18975-18979 Child abuse prevention training
18986.40-18986.46 Interagency children's services programs
CODE OF REGULATIONS, TITLE 5
11900-11935 Healthy Start Program
UNITED STATES CODE, TITLE 20
6301-6514 Title I programs


Policy COMPTON UNIFIED SCHOOL DISTRICT
adopted: April 11, 2000 Compton, California

Students AR 5149(a)

AT-RISK STUDENTS


The Superintendent or designee shall identify factors that place students at risk, including but not limited to poverty, homelessness, neglect, abuse, poor health and nutrition, pregnancy, potential language and cultural barriers, substance abuse, gang membership or delinquency, changing family structure, cognitive, emotional and other disabilities, and behavioral problems.

District strategies for addressing the needs of at-risk students may include but are not limited to:

1. Instruction that is responsive to individual student needs, interests and learning styles

(cf. 6000 - Concepts and Roles)
(cf. 6151 - Class Size)
(cf. 6159 - Individualized Education Program)
(cf. 6164.6 - Identification and Education under Section 504)

2. Curricula and instructional materials that are relevant and meaningful for students

(cf. 6030 - Integrated Academic and Vocational Instruction)
(cf. 6141 - Curriculum Development and Evaluation)

3. Integration of the core and supplemental educational programs

(cf. 0420.1 - School-Based Program Coordination)
(cf. 0420.2 - School Improvement Program)
(cf. 0420.3 - School-Based Student Motivation and Maintenance Program)
(cf. 6171 - Title I Programs)
(cf. 6172 - Gifted and Talented Student Program)
(cf. 6174 - Education for English Language Learners)
(cf. 6175 - Migrant Education Program)

4. Establishment and maintenance of a safe, positive school climate

(cf. 0450 - Comprehensive Safety Plan)
(cf. 5137 - Positive School Climate)
(cf. 5144 - Discipline)

5. Availability of effective support services

(cf. 1020 - Youth Services)
(cf. 5141.6 - School-Based Health and Social Services)
(cf. 6164.2 - Guidance/Counseling Services)


AR 5149(b)


AT-RISK STUDENTS (continued)


6. Collaboration with other agencies and community organizations in the delivery of services for children and families

(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)

7. Parent support and involvement and/or parent education

(cf. 6020 - Parent Involvement)

8. Efforts to increase student attendance

(cf. 5113 - Absences and Excuses)

9. Availability of resources targeted to meet the needs of at-risk students

(cf. 3100 - Budget)

10. Staff development on the identification of student needs and strategies for addressing those needs

(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)

11. Adult-student connections and activities to help students develop a sense of belonging at school

(cf. 1240 - Volunteer Assistance)
(cf. 6164.5 - Student Study Teams)

12. Additional instructional assistance, especially efforts that can accelerate learning to help students meet grade-level standards

13. Alternative programs

(cf. 6158 - Independent Study)
(cf. 6181 - Alternative Schools)
(cf. 6182 - Opportunity School/Class/Program)
(cf. 6183 - Home and Hospital Instruction)
(cf. 6184 - Continuation Education)
(cf. 6185 - Community Day School)

14. Ongoing assessment of student outcomes and accountability for student learning

AR 5149(c)


AT-RISK STUDENTS (continued)


15. Regular evaluation of the effectiveness of programs designed to assist at-risk students

(cf. 6190 - Evaluation of the Instructional Program)
(cf. 9000 - Role of the Board)

16. Advocacy at the local, state and/or national levels to improve the conditions of children and families


Regulation COMPTON UNIFIED SCHOOL DISTRICT
issued: April 11, 2000 Compton, California

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