Adminisrative Regulation AR 5132

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East Side Union High School District Parent Handbook 35 Adminisrative Regulation AR 5132 Dress and Grooming In cooperation with teachers, students and parents/guardians, the principal or
designee shall establish school rules governing student dress and grooming that are
consistent with law, Governing Board policy and administrative regulations. These
school dress codes shall be regularly reviewed. The principal or designee of each
school site will ensure that the following District Dress Standards are contained
within the local site Student Behavior Code. (cf. 0420 – School Plans/Site Councils) East Side Union High School District Student Dress Standards Each school shall allow students to wear sun-protective clothing, including, but not
limited to, hats for outdoor use during school day. (Education Code 35183.5) In addition, the following standards shall apply to all regular school activities: 1. Students are expected to dress in a manner that is neat and appropriate for
school or work. 2. Students may not wear clothing that disrupts the educational process. 3. No sagging clothes (baggy pants); pants should be size appropriate and worn
at the waist. 4. No torn jeans 5. No hats/ head covers, scarves, head rags (i.e. stocking caps, satin-type or
hairdo covers, “do-rags”, etc. 6. Clothing, jewelry and personal items (backpacks, fanny packs, gym bags,
water bottles, etc.) shall be free of writing or pictures. Other items or insignia
that are crude, gang-related, vulgar, profane or sexually suggestive, or that
bear drug, alcohol or tobacco company advertising, promotions and likenesses,
or that advocate racial, ethnic or religious prejudice are strictly prohibited. 7. Clothing that bear logos, insignia, letters or colors signifying a gang, a crew,
violent actions or weapons will not be tolerated. 8. All tops (shirts and blouses) must cover the top of the shoulder and completely
cover the stomach, chest and bare back. No bare midriffs. 9. Shorts and skirts must be size appropriate (arm extended at side, short or skirt
bottom reaches finger tips); tight fitting shorts, short shorts and cutoffs are
prohibited. 10. Only the student’s name, written in plain block letters, is permitted on back-
packs or other personal items. 11. No see-through shirts, blouses; no halter tops, tank tops/tube tops, undershirts,
muscle shirts or other tops that expose the midriff. 12. Shoes must always be worn; no inappropriate footwear or roller blades. 13. No under clothing worn as outerwear. 14. Red or blue shoes, shoes with red or blue accents or shoes with red or blue
laces are not allowed. 15. No sunglasses may be worn inside school buildings or classrooms. 16. Any jewelry, body art, piercing or extreme hairstyle/color deemed by the
school to be dangerous or a distraction to the learning environment is not
acceptable (jewelry with spikes, chokers, wristbands or extra large rings). 36 East Side Union High School District Parent Handbook 17. Students may not wear clothing that reveals the back or midriff, or through
which skin and/or undergarment is visible, or when arms are raised becomes
visible. These include but are not limited to: boxers, sheer tops, mesh tops,
overly large openings at the neck or arms, off-the-shoulder tops, spaghetti straps, halter tops, swim tops, tube tops or clothing that exposes the midriff. I.D. Badges All students will be required to have their school identification badges visible on
their person at all times while on campus. I.D. badges will be required at all school
dances. Students unable to produce their badge will face progressive disciplinary
action, beginning with a phone call home. Teachers will be asked to check badges
first period, remind students of the policy and assist students who may have lost or
forgotten their badges. An annual (prior to May 1) review of the local site Student Behavior Code must be
conducted by the principal (designee) with input from the school site council and
shall further ensure both compliance and enforcement of District Dress Standards. Regulation East Side Union High School District East Side Union High School District Parent Handbook 37 When a concern arises, based on the situation, different complaint procedures
are followed. Each of the different types of complaints has its own formal
complaint form to be filled out. These forms can be obtained from the
Principal’s Office at each of our schools or at the East Side Union High
School District Office, 830 North Capitol Avenue, San Jose, CA 95133.
Appropriate personnel will investigate the complaint and work to resolve the
issue in a timely manner. If the person making the complaint is not satisfied
with the initial resolution to the complaint, he/she can appeal to the
Superintendent.
The following pages contain the District complaint policies and below are
sample copies of the different complaint forms that relate to each type of
complaint. Uniform Complaint Form
This form is used when a complaint is lodged against the following programs:
Adult Basic Education, Consolidated Categorical Aid Programs (such as
Chapter 1, Bilingual), Migrant Education, Vocational Education, Child Care
and Development, Child Nutrition Services, Special Education. See Board
Policy 1312.1, Uniform Complaint Procedures Concerning Special Projects.
Contact Chief Financial Officer at 408.347.5060 or FAX 408.347.5065. Title IX Harassment Complaint Form
This form is used when unlawful harassment in any form is occurs, including
verbal, physical and visual conduct, threats, demands and retaliation or when a
procedure discriminates against a member of the staff or student body because
of race, color, national or ethnic origin, citizenship, age, gender, religion,
sexual orientation, physical or mental disability, medical condition, marital
status, or any other basis protected by federal, state or local law, ordinance or
regulation. See Board Policy 5353, Unlawful Harassment and Discrimination.
Contact Chief Human Resource Officer at 408.347.5251 or FAX
408.347.5255. Public Complaint Form
This form is used when a member of the public is filing a formal complaint
against a district employee. See Board Policy 1312, Formal Complaints from
the Public Concerning School Personnel.
Contact Superintendent’s Office 408.347.5010 or FAX 408.347.5025. Complaint Procedures 38 East Side Union High School District Parent Handbook East Side Union High School District Parent Handbook 39 40 East Side Union High School District Parent Handbook East Side Union High School District Parent Handbook 41 The Board of Education recognizes that the district has primary responsibility for insuring that it
complies with applicable state and federal laws and regulations governing educational programs. The district shall investigate and seek to resolve complaints at the local level. The district shall follow the Uniform Complaint Procedures (UCP) when addressing complaints alleging:
Unlawful discrimination based on ethnicity, religion, age, gender, sexual orientation, color or physical or mental disability, or failure to comply with state and/or federal laws in adult education, consolidated categorical aid programs, migrant education, vocational education, child
care and development programs, child nutrition programs, and special education programs.
The Board acknowledges and respects students and employee rights to privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the
facts. This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation, as determined by the Superintendent or designee on a case-by-case basis.
The Superintendent shall ensure that employees designated to investigate complaints are knowledgeable about the laws and programs for which they are responsible. Such employees may have access to legal counsel as determined by the Superintendent or designee.
The Board recognizes that a neutral mediator can often suggest an early compromise that is agreeable to all parties in a dispute. The Superintendent shall ensure that the mediation results are
consistent with state and federal laws and regulations. COMPLIANCE OFFICERS The Board of Education designates the following compliance officer to receive and investigate complaints and ensure district compliance with law: Chief Academic Officer 830 North Capitol Avenue San José, CA 95133 408.347.5060 NOTIFICATIONS The annual notification will be disseminated to the following groups as follows:
• Parent/Guardians—through the annual distribution of parent handbook which is mailed to all parents prior to the start of school, during Back-to-School Nights, and parent group meetings. • Students—through the annual distribution of the Student Handbook during student’s “Orientation Day” and when new students enroll. • Employees—through new employee packets, teacher’s mail boxes and/or insert in employees payroll checks. • District/Site Advisory Committees—through DAC/DELAC parent committee, School Site Councils, and all other committee group meetings. PROCEDURES The following procedures shall be used to address all complaints that allege that the district has violated federal or state laws or regulations governing educational programs. Compliance officers shall maintain a record of each complaint as required for compliance with the California Code of
Regulations, Title 5, Section 4632. STEP 1: FILING OF A COMPLAINT 1. For other than discrimination complaints, any individual, public agency or organization may file a written complaint with the Assistant Superintendent of Instruction, alleging a matter
which, if true, would constitute a violation by that local educational agency of federal or state law or regulation governing the programs listed. 2. An investigation of alleged unlawful discrimination shall be initiated by filing a complaint not later than six months from the date of the alleged discrimination, or the date the complainant first obtained knowledge of the facts of the discrimination. 3. The complaint shall be filed by one who alleges that he or she has personally suffered said unlawful violation, or by one who believes an individual or any specific class of individuals has been subjected to said unlawful violation. 4. The complaint shall be filed with the Assistant Superintendent of Instruction. Uniform Complaint Procedures
Concerning Special Projects
(Policy #1312.1) 42 East Side Union High School District Parent Handbook STEP 2: MEDIATION The District may attempt to resolve complaints through mediation prior to the initiation of a
formal compliance investigation. Conducting local mediation shall not extend the local time lines for investigating and resolving complaints at the local level unless the complainant agrees, in writing, to the extension of the time line. In no event shall mediation be mandatory in resolving
complaints. STEP 3: INVESTIGATION OF COMPLAINT • Within 60 days from receipt of the complaint, the Assistant Superintendent of Instruction shall complete the investigation of the complaint in accordance with the local procedures developed and prepare a written decision. The report shall be written in English and in the primary language of the complainant. • The investigation shall provide an opportunity for the complainant, or the complainant’s representative, or both, and district representatives to present information relevant to the complaint. The investigation may include an opportunity for the parties to the dispute to meet
to discuss the complaint or to question each other or each other’s witnesses. STEP 4: DISTRICT RESPONSE The District decision (the Decision), shall be in writing and sent to the complainant within sixty (60) days from receipt of the complaint by the district. STEP 5: FINAL WRITTEN DECISION The final written Decision shall contain the findings and disposition of the complainant, including corrective actions if any, the rationale for such disposition, notice of the complainant’s right to appeal the District Decision to the California Department of Education, and the procedures to be
followed for initiating an appeal to the Department. APPEALS TO THE CALIFORNIA DEPARTMENT OF EDUCATION An appeal to the California Department of Education must be filed within 15 days from receipt of
the District’s decision. CIVIL LAW REMEDIES Nothing in this policy precludes a complainant from pursuing available civil law remedies outside of the district’s complaint procedures. Such remedies may include mediation centers, public/
private legal interest attorneys, injunctions, restraining orders, etc. For discrimination complaints, however, a complainant must wait until 60 days has elapsed from the filing of an appeal with the California Department of Education before pursuing civil law remedies. The moratorium does
not apply to injunctive relief and is applicable only if the district has appropriately, and in a timely
manner, apprised the complainant of his/her right to file a complaint. For assistance you may contact:
• Legal Aid Society of Santa Clara County ........................................... 408.283.1535 ext. 268 • Community Legal Services.............................................................................. 408.283.3700 • County Legal Services ..................................................................................... 408.279.5233 • A private attorney* • Local Assistance Centers* * Please consult your local white/yellow pages and/or business directory. REFERRING COMPLAINTS TO OTHER APPROPRIATE STATE OR FEDERAL AGENCIES You may seek assistance in this matter from:
• The Santa Clara County Superintendent of Schools ....................................... 408.453.6511 • The California Superintendent of Public Instruction ....................................... 916.319.0866 BASIS OF DIRECT STATE DEPARTMENT OF EDUCATION INTERVENTION Nothing in this complaint procedure precludes the complainant from seeking direct State Department of Education intervention.
The California Department of Education address and phone number are as follows: State Department of Education P. O. Box 944272 Sacramento, CA 94244-2720 Phone No. 916.319.0866 East Side Union High School District Parent Handbook 43 Policy Statement The Board of Trustees of the East Side Union High School District is deeply committed to the
premise that on high school campuses, full participation in the educational process must be in
an environment that is free from unlawful harassment and is nondiscriminatory with regard to
race, color, national or ethnic origin, citizenship, age, gender, religion, sexual orientation,
physical or mental disability, medical condition, marital status, or any other basis protected by
federal, state or local law, ordinance or regulation, or Title IX of the Education Amendments
of 1972. The Board maintains a strict policy prohibiting unlawful harassment or
discrimination on the basis of any of these protected areas.
Accordingly, the Board of Trustees adopts the following which applies to all employees and
students of the District: 1. POLICY Unlawful harassment in any form, including verbal, physical and visual conduct, threats,
demands and retaliation is prohibited. Any procedure which discriminates against a member
of the staff or student body because of race, color, national or ethnic origin, citizenship, age,
gender, religion, sexual orientation, physical or mental disability, medical condition, marital
status, or any other basis protected by federal, state or local law, ordinance or regulation is
prohibited. 2. EXAMPLES AND LEGAL DEFINITIONS OF UNLAWFUL HARASSMENT 2.1 Unlawful harassment because of race, color, national or ethnic origin, citizenship,
age, gender, religion, sexual orientation, physical or mental disability, medical
condition, marital status, or any other protected basis includes, but is not limited
to:
2.1.1 Addressing directly to a specific member(s) of the staff or student body a
threat or epithet which is intended to and does demean the race, color,
national or ethnic origin, citizenship, age, gender, religion, sexual
orientation, physical or mental disability, medical condition, marital status
of the person addressed; which is intended to grievously insult or threaten
persons because of any of the above characteristics; and which would
tend to provoke an immediate violent response when addressed directly to
a person of average sensibility who is a member of the group to which the
word, phrase or symbol is directed or which causes the victim of the
threat reasonable fear for his or her safety based upon the apparent ability
of the speaker to carry out the threat. 2.1.2 Verbal conduct such as epithets, derogatory comments, slurs, sexually
explicit jokes, comments about an employee’s body or dress, or unwanted
sexual advances, invitations or comments. 2.1.3 Verbal abuse of a sexual nature, graphic, verbal commentary about an
individual’s body, sexually degrading words to describe an individual,
suggestive or obscene letters, notes or invitations. 2.1.4 Visual conduct such as leering, derogatory posters, photography, cartoons,
drawings or gestures. 2.1.5 Physical conduct such as assault, unwanted touching, blocking normal
movement or interfering with work directed at an employee or student
because of the individual’s gender or race or any other protected basis. Unlawful Harassment and
Discrimination Policy (Policy #5353) 44 East Side Union High School District Parent Handbook 2.1.6 Threats or demands to submit to sexual requests in order to maintain
employment or employment benefits, or to avoid some other loss, and
offers of job benefits in return for sexual favors. 2.1.7 Making or threatening reprisals after a negative response to sexual
advances. 2.1.8 Retaliation for having reported or having threatened to report harassment. 2.2 Federal law defines sexual harassment as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when: (1)
submission to such conduct is made a term or condition of employment; or (2)
submission to or rejection of such conduct is used as basis for employment
decisions affecting the individual; or (3) such conduct has the purpose or effect of
unreasonably interfering with an employee’s work performance or creating an
intimidating, hostile or offensive working environment. 2.3 California law defines sexual harassment as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. This definition includes many forms
of offensive behavior. It is unlawful for males to sexually harass females or other
males, and or females to sexually harass males or other females. Sexual
harassment on the job is unlawful whether it involves coworker harassment,
harassment of or by students, harassment by a supervisor or manager, or by
persons doing business with or for the District. 2.4 In addition, unlawful student harassment is defined in the Education Code as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or
physical conduct of a sexual nature, made by someone from or in the work or
educational setting, under any of the following conditions:
2.4.1 Submission to the conduct is explicitly or implicitly made a term or
condition of the individual’s academic status or progress. 2.4.2 Submission to, or rejection of, the conduct by the individual is used as the
basis of academic decisions affecting the individual. 2.4.3 The conduct has the purpose or effect of having a negative impact upon
the individual’s academic performance, or of creating an intimidating,
hostile, or offensive educational environment. 2.4.4 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 through the educational
institution. 3. COMPLAINT PROCEDURE 3.1 An employee or student may have a claim of harassment even if he or she has not lost a job, some economic benefit, or academic benefit in the case of students. The
law prohibits any form of protected basis harassment that impairs an employee’s or
student’s working ability or emotional well-being at work or school. Employees or
students who think they are being harassed or discriminated against in the
workplace or on campus because of their gender, race, national origin and/or other
protected basis, should use the outline in this policy to file a complaint or have it
investigated. 3.2 Employees and students have the right of redress for unlawful harassment or discrimination. In order to secure this right, individuals must submit a complaint,
preferably but not necessarily in writing, to their own or other supervisor or the
Director of Human Resources or the Superintendent or in the case of students, to
school administrator, as soon as possible, but at least within six (6) months of the
date the alleged incident occurred or within six (6) months of the date the
employee or student first obtained knowledge regarding the alleged incident. The
complaint should include the details of the incident or incidents, the names of the
individuals involved and the names of any witnesses. Supervisors will refer all East Side Union High School District Parent Handbook 45 such complaints to the Division of Human Resources or in the case of students to
the Director of Community Relations. The District will immediately undertake an
effective, thorough and objective investigation of the allegations. This
investigation will be conducted in a manner that protects the confidentiality of the
parties and facts. This investigation will be completed and a determination
regarding the alleged harassment will be made and communicated to the
individual(s) who complained and the accused harasser(s) as soon as possible. 3.3 If the District determines that unlawful harassment or discrimination has occurred,
it will take effective remedial action commensurate with the severity of the
offense. Appropriate action will also be taken to deter any future harassment or
discrimination. If a complaint of sexual harassment is substantial, appropriate
disciplinary action, up to and including discharge, or in the case of students,
expulsion will be taken. Whatever action is taken will be made known to the
employee or student, and the District will take appropriate action to remedy any
loss to the victim resulting from harassment or discrimination. An employee who
engages in harassment or discrimination, including any manager who knew about
the harassment and took no action to stop it, may be held personally liable for
monetary damages. 3.4 The law also protects an employee or student from retaliation. The District will not
retaliate against an individual for filing a complaint and will not knowingly permit
retaliation by management employees or co-workers. Any report of retaliation by
the one accused of harassment or discrimination, or by co-workers, supervisors or
managers, will also be immediately, effectively and thoroughly investigated in
accordance with the District’s complaint procedure outlined above. If a complaint
of retaliation is substantiated, appropriate disciplinary action, up to and including
discharge, will be taken. 3.5 The Board encourages all employees and students to report any incidents or
harassment forbidden by this policy immediately so that complaints can be quickly
and fairly resolved. 4. ADDITIONAL ENFORCEMENT INFORMATION 4.1 Employees should be aware that the Federal Equal Employment Opportunity
Commission and the California Department of Fair Employment and Housing
investigate and prosecute complaints of prohibited harassment in employment. If
an employee thinks that he or she has been harassed or that he or she has been
retaliated against for resisting or complaining about harassment, the employee may
file a complaint with the Commission or the Department.
The local offices are located at:
Equal Employment Opportunity Commission
96 North Third Street, Suite 200, San Jose, CA 95112
Department of Fair Employment and Housing
111 North Market Street, #810, San Jose, CA 95113 (408/277-1264)
With complaints brought to the Department of Fair Employment and Housing, the
Department will investigate the employee’s complaint, and if the complaint has
merit, the Department will attempt to resolve it. If no resolution is possible, the
Department may prosecute the case with its own attorney before the Fair
Employment and Housing Commission. The Commission will order the
harassment stopped and can require the District to pay money damages and
reinstate the employee or give other appropriate relief. 4.2 Students should be aware that the United States Office of Civil Rights investigates
complaints of harassment on the basis of sex, race, color, national origin, blindness
or severely impaired vision or other protected basis in educational programs that 46 East Side Union High School District Parent Handbook receive federal financial assistance. If any student thinks he or she has been
harassed or retaliated against for resisting or complaining about harassment, the
student may file a complaint with the office. Information on beginning this
complaint process may be obtained from the Director, Human Resources, or by
calling the U.S. Office of Civil Rights directly. Complaints of unlawful
discrimination may also be filed directly with the Office of the California
Superintendent of Public Instruction. Information on this process may be obtained
from Director, Human Resources, or by calling the California Superintendent of
Public Instruction’s Office directly. (Approved: Board of Trustees, 1/20/94) East Side Union High School District Parent Handbook 47 1. A formal complaint is defined as one in which a community member submits, in writing, a statement of alleged misconduct of any staff member, and the complainant requests a
response as to the school’s or district’s disposition of the matter. 2. Any person or party, other than an employee of the East Side Union High School District, having a complaint regarding the conduct, performance, or statements of a
district employee, may appeal to the Board of Trustees through the channels as herein below set forth. 3. The intent of this policy is to permit the public to lodge formal complaints against staff
members, to assure a complete hearing, and to protect the rights of the staff members and the district. 4. This policy is established pursuant to Section 35160.5(c) of the California Education
Code. The Board of Trustees shall annually review the policies and regulations for complaints regarding school personnel. 5. Formal complaints concerning school personnel shall be in writing and referred
promptly to the person against whom the complaint is lodged through the office of the principal or immediate supervisor. 5.1 The principal or immediate supervisor will attempt to resolve the complaint at the
site level, and if unresolved, shall refer the written complaint, together with a report and analysis of the situation, to the education center, where it shall be reviewed by the Superintendent or designee. 5.2 The superintendent’s decision shall be final unless the complainant, the employee, or the superintendent requests a closed hearing before the governing board on the complaint. If the employee so requests, an open hearing will be held. 6. Every reasonable effort will be made to resolve the formal complaint at the earliest possible stage. Person(s) filing a complaint will receive a written reply relative to the disposition of the matter. 7. Failure of the formal complainant to put the complaint into written form within thirty (30) days from the date that the principal or supervisor was made aware of the complaint, will be considered by the district as a dropping of the complaint. 8. No hearing, either open or closed, will be held by the governing board on any formal complaint unless and until the board has received the superintendent’s written report concerning the complaint. The superintendent’s report, which shall be submitted within
30 days of the date shown on the principal’s or supervisor’s report, shall contain, but not be limited to the following: 8.1 The name of each employee involved. 8.2 A brief but specific summary of the nature of the formal complaint and the facts surrounding it, sufficient to inform the governing board and the employee(s) as to the precise nature of the complaint and to allow the employee(s) to prepare a
defense. 8.3 A true copy of the signed and dated original of the formal complaint itself. 8.4 A summary of the action taken by the superintendent in connection with the formal
complaint, with the superintendent’s specific finding that disposition of the case at the superintendent’s level has not been possible, and the reasons therefore. 8.4.1 Confidential or privileged information used at this level shall not be
disclosed. 9. In the event that the complainant is dissatisfied with the district superintendent’s disposition, or in the event that the district superintendent or the employee in question
deems it appropriate under the circumstances, the board may decide, in its sole discretion, to review the matter. Such review shall be in closed session, to the extent permitted by law. Such review shall not be a formal hearing. The board shall examine
such documents and materials and interview such persons as the board may deem appropriate, in its sole discretion. The complainant shall be informed of the disposition of the matter.
9.1 Confidential or privileged information used in closed session shall not be disclosed. Formal Complaints From the Public
Concerning School Personnel
(Policy #1312) 48 East Side Union High School District Parent Handbook 10. This procedure shall not be applicable to any complaint concerning student discipline, student transfer requests, student publications, contract grievances, or matters for which an alternative administrative remedy is available within the district. (Approved: Board of Trustees, 5/26/60; Amended: 11/27/84) Source: E.C. 35160.5(c) IMMUNIZATION REQUIREMENTS FOR GRADES 9-12 To enter or transfer into public and private elementary and secondary schools (grades
Kindergarten through 12, children under age 18 years) must have: VACCINE REQUIRED DOSES 1) Polio 3 doses at any age, but 3 doses meet requirement for ages 4-17 years if at least one was given on
or after the 2nd birthday. 2) Diphtheria, Tetanus, 4 doses at any age, but 3 doses meet requirement for ages and Pertussis (age 7 7-17 years if at least one was on or years and older petussis after the 2nd birthday. If last dose was is not required) Td., DT, given before the 2nd birtday, one more or DTP, DTaP or any (Td) dose is required. combination of these 3) Measles, Mumps, 1 dose must be on or after 1st birthday. Rubella (MMR) 4) Varicella 1 dose for children under 13 years; 2 doses are (out of state entrants needed if immunized on or after
13th birthday. EXEMPTIONS—The law allows (a) parents/guardians to elect exemptions to immunization
requirements based on their personal beliefs, and (b) physicians of children to elect medical
exemptions. The law does not allow parents/guardians to elect an exemption simply because
a record is lost or incomplete and it is too much trouble to go to a physician or clinic to
correct the problem. Health Insurance Need Insurance or Health Care Information? The District does not provide medical insurance coverage for school accidents. This means that each family is responsible for their medical bills if a student gets hurt during school activities.
An insurance brochure, showing the coverage options, is available at each school site. The Student Health Care and High Option 24-Hour Accident plans are especially recommended for those families with no other insurance because they provide the most help when injuries occur.
Student Health Care covers illness as well as injury, 24 hours a day.
If your family does have other health coverage, student insurance may also be used to help pay those charges not covered by your family insurance.
New Comprehensive and Preventive Health Care Coverage Programs for Students Without Health Insurance in Santa Clara County:
1. No-Cost Insurance: Medi-Cal and Healthy Kids has expanded so more students can receive free health care. 2. Low-Cost Insurance: Healthy Families is a new program that will give health care to families who earn more than Medi-Cal allows. 3. Children who do not qualify for Medi-Cal or Healthy families will automatically be covered under Healthy Kids.
Call toll free 1.888.244.5222 for more information on these three programs.
It’s easy to qualify if:
• Your family lives in Santa Clara County
• Your children are less than 19 years old
• Your family is low or middle income
(Regardless of immigration status) What you will need:
1. Proof that you live in Santa Clara County • utility bills; or Parents Get health insurance
for your children. East Side Union High School District Parent Handbook 49 • rental agreements; or
• driver’s license/state identification card; or
• voided personal check with address 2. Proof of Income • A copy of a recent pay stub; or
• Signed Statement from employer stating gross monthly income and when it was earned; or
• Last year’s federal income tax return; or
• For day laborers and others without written proof of income, a letter from a recognized charitable organization or from your employer stating your gross income and the time
period in which it is received; or • Self-employed persons can include last year’s federal income tax return including schedule C. 3. Other Information • If your child was born in the United States, bring birth certificate and Social Security Card. School Based Clinics— are located at Andrew Hill, Independence, W. C. Overfelt and Yerba
Buena. These Health Clinics provide primary medical care for students at these schools. Services Available Include:
• Physical exams
• Chronic disease management
• Treatment of minor illnesses and injuries
• Immunizations
• Case management for medical and support services
• Dental screening
• Mental health support and referrals
• Diagnostic lab tests
• Prescriptions Questions: call 408.260.6743 or visit www.healthtrust.org. Need Assistance Listed below are Community Services to assist you with any personal problems or
concerns.
AIDS Hotline ...................................................................................... 1.800.342.AIDS
AIDS Hotline (Spanish) ....................................................................... 1.800.344.7432
AIDS Hotline (Hearing Impaired) ........................................................ 1.800.243.7889
Big Brother/Big Sisters ........................................................................... 408.244.1911
Bill Wilson Center (24 hr. Emergency Housing for Teens) ....................... 408.243.0222
Billy DeFrank Gay & Lesbian Community Center .................................. 408.293.4525
Center for Living with Dying .................................................................. 408.980.9801
Child Abuse Reporting ............................................................................ 408.299.2071
Child, Adolescent & Family Services ...................................................... 408.299.2304
Telephone Counseling (crisis intervention parental stress) ....................... 408.279.8228
Nuestra Casa Family Resource Center .................................................... 408.251.9491
MACSA (Mexican American Community Service Agency ..................... 408.929.1080
Resources for Families ............................................................................ 408.452.7887
Alum Rock Counseling Center ................................................................ 408.294.0500
EMQ (Crisis Hotline) .............................................................................. 408.379.9085
Homeless/Shelter/Care Project Treatment Recovery ................................ 408.792.5641
Next Door (Solution to Domestic Violence ............................................. 408.279.2962
Parent Center, CA .................................................................................. 1.877.9.Parent
Planned Parenthood ................................................................................ 408.277.0777
Smokers Help Line, CA ....................................................................... 1.800.766.2888
Suicide Crisis .......................................................................................... 408.279.3312
YWCA Rape Crisis Center ..................................................................... 408.287.3000 Need information on East Side Union High School district: go to http://www.esuhsd.org 50 East Side Union High School District Parent Handbook Regular school attendance is of such critical importance to the future of the students and the
community that extraordinary measures have been enacted by the State of California to
encourage and require regular school attendance. In California it is the responsibility of the
parent and student to ensure a student’s regular attendance in school. When school attendance
becomes a problem with a student, SARB is a hearing process used by schools and local law
enforcement agencies to assist parents/guardians in meeting compulsory school attendance
laws regarding their children. The consequences for failing to comply with attendance laws
and/or SARB may result in legal action taken against a parent and their child by the District
Attorney’s Office. SARB is a formal hearing process whereby those students identified as “habitual truants”
and his/her parents/guardians are required to meet with the Student Attendance Review Board
(SARB). Together the student, family, and SARB enter into a contractual agreement which
will attempt to eliminate truancy of their child. Failure to attend the SARB meeting or failure
to comply with the agreement or other SARB directives authorizes SARB to take several legal
actions against the family and student. The SARB board is made up of school officials and
other community stakeholders. Education Code 48260 defines a truant as a student who is absent from school without a valid
excuse for a total of three (3) days in one school year or a student who is tardy three (3)
times for more than thirty (30) minutes without a valid excuse during the school year.
Additionally, any combination of three (3) unexcused absences or tardies, as defined above,
meets the definition of a truant. Truants must be reported to the school district and the SARB.
Under Education Code 48262 any student that has been reported truant three or more times
during the school year may be defined as a “habitual truant.”
• When three-six (3-6) unexcused absences or combination of absences and tardies have
been recorded for a student, a notification letter of poor attendance will be sent by the
school to the parents/guardians of the student. Parents/guardians are expected to take the
action necessary to correct the attendance problems of their son/daughter. Parents
needing help with this action may contact the school. • When seven-ten (7-10) unexcused absences or combination of absences and tardies
have been recorded for a student, a letter alerting the parents/guardians and student of
possible SARB action will be sent. Additionally, the letter will request the parents/
guardians and student to attend an attendance mediation conference with a school
official. At the mediation conference, directives for improving attendance may be a part
of the written attendance contract. A copy of the letter requesting the parents/guardians
to attend the mediation conference will be sent to the Santa Clara County District
Attorney. • Should eleven (11) unexcused absences or combination of absences and tardies be
recorded in a school year, a certified letter from the East Side Union High School
District will direct the truant student and parents/guardians to attend a SARB
conference. At the SARB conference a hearing will be conducted whereby the student
and parents/guardians will enter into a SARB contract designed to help eliminate the
student’s truancy. A copy of the SARB contract will be forwarded to the Santa Clara
County District Attorney’s Office. • Should truancy problems continue with the student after the SARB hearing, the school
will refer the truancy matter as a criminal petition/complaint to the Santa Clara County Parents/Students: Don’t Forget Your
Responsibilities! KEY POINTS • Students are required to attend
school by the State
of California • Truant students are referred to the
District Attorney
and legal action
will be taken
against a parent
and child East Side Union High School District Parent Handbook 51 District Attorney’s Office. A letter from the Santa Clara County District Attorney’s
Office will direct the parents/guardians and student to meet with a representative from
the Santa Clara County District Attorney’s Office. An attendance mediation contract will
be developed among the student, parents/guardians, and the District Attorney’s Office. • Should further action be required if the student and family does not comply with the
District Attorney’s mediation contract, the parents/guardians will be directed to attend a
follow-up meeting with the District Attorney’s Office to hear possible legal sanctions by
the Santa Clara Superior Court and Juvenile Court. • If necessary, further action will be taken by Santa Clara County Superior Court and/or
Juvenile Court. Such action may include but not limited to the following:
1. Filing of a criminal complaint against the parents/guardians for not complying
with compulsory education statutes. (Education Codes 48200 and 48292) 2. Referral of the truant minor to the Probation Department or to the County Welfare
Department under Section 300. 3. Suspension or delay of driving privileges for the truant minor. (Vehicle Code
Section 13202.7) 4. Possible reductions or loss of State or Federal Government’s Financial Aid. The East Side Union High School District SARB process and referrals to the Santa Clara
County District Attorney’s office became effective August 1, 1998. Questions concerning
SARB should be directed to the school’s Associate Principal of Administrative Services. Tips for Parents Helping Your Teenager Succeed in School To succeed in school and work, teenagers need to know they are capable of doing a good job.
Teachers working daily with high school students report that the most important “school
supply” a teenager can bring to school is a “Can Do” attitude. Parents play a major role in
building confidence in teenagers by encouraging them in the following ways:
• Be generous with praise—A good rule of thumb is five positive comments for each negative one. Don’t be insincere, but look carefully for things your teenager does right to
comment on first—then approach the negative in a positive way. • Encourage “personal best”—Help your teenager by encouraging him or her to do their “personal best” in school and at home. Remember, “personal best” does not mean
“perfect,” and learning is not the same as high grades, and teenagers, like adults, must have
the freedom to make mistakes and learn from them. • Let your priorities show—Your attitude toward school attendance, education and involvement in the school makes a strong and lasting impression on your teenager. • Keep skeletons in the closet—If you want your youngster to succeed, don’t provide such excuses as, “I was never any good at math either.” • Show interest in school work—Talk about school each day. Ask to see classwork, encourage your teenager to discuss new ideas and defend his or her opinions. Express your
pride in thoughts expressed and skills shown. Show interest and appreciation. • Avoid pressuring your teen—Pressure results from comparing one person against another. Inspire a young person to perform to his or her own “personal best.” Have specific
suggestions about how your teen can do better:
• Reading the assignment when it’s given
• Keeping a list of new vocabulary.
• Proofreading material to catch errors, before writing a final draft.
• Outlining a chapter to prepare for class.
• Reviewing notes before a test. • Help set goals—At the beginning of each quarter or semester of the school year ask your teenager to identify three or four goals. (You could settle for just one!) Put the goals where
the teenager can frequently refer to them. (Many parents find the refrigerator an excellent
spot.) Make sure the goals are more specific than just “better grades.” Source: NSPRA Resource Files Credit is given to It Starts on the Frontline/January 2000, published by the National School Public
Relations Association, 15948 Derwood Road, Rockville MD 20855; 301.519.0496; www.nspra.org. KEY POINTS Research has
consistently shown
that student
achievement increases
when parents are
actively involved in
their student’s
education. 52 East Side Union High School District Parent Handbook Preamble—This Statement of Student Rights and Responsibilities, developed cooperatively
by students, parents, and staff is adopted by the Board of Trustees in good faith to describe,
but not limit, the rights and responsibilities of students.
The goal of this statement is to reinforce the basic premise of this free society that neither
rights nor responsibilities can exist one without the other.
It is fully understood that anything contained within the enumerated rights and responsibilities
is subject to federal and state laws, Board policies, district administrative regulations,
California Interscholastic Federation Constitution and By-Laws, student body constitution and
by-laws, and local school regulations.
The East Side Union High School District Board of Trustees will print and distribute to all
students, parents, staff, and administrators each year and post conspicuously at each campus
this Statement of Student Rights and Responsibilities. Rights 1. Students have the right to an education which is, and will be, of value to them. This
includes learning to function in modern-day society as a responsible citizen. Students
have the right to a curriculum that at least partly reflects their concerns and interests. 2. Students have the right to a reasonable expectancy of physical safety and protection of
personal property on school grounds during normal school hours and during school-
sponsored activities. 3. Students have the right to receive respect and reasonable treatment at all times from
school personnel and each other. 4. Students have the right to talk with teachers, counselors, administrators, and other
personnel connected with the school. 5. Students have the right to know each of their teachers’ grading procedures. They have
the right to see their grades in the grade book with an explanation of the grades by the
teacher on an individual basis in any class, subject to appointment. Students have the
right to have errors on records corrected. 6. Students have the right to participate, through established student organizational
structure, in the development and revision of policies, rules, and regulations, including
curriculum, to which they are subject. They further have the right to be notified
reasonably in advance of formation and enforcement of such policies, rules, and
regulations. 7. Students may exercise their constitutionally protected rights of free speech, expression,
and assembly.
7.1 Students have the right to wear political buttons, armbands, or any other badges of symbolic expression. 7.2 Students have the right to form political and social organizations which are open to all students. 7.3 Students have the right to present petitions, distribute political leaflets, newspapers, or other printed matter. 7.4 Students have the right to reasonable use of communication systems including newspapers, public address systems, bulletin boards and school bulletins with prior
review and approval of appropriate personnel. 8. Students have the right to participate fully in available curricular and co-curricular
programs. Rights shall not be denied because of age, sex, race, religion, national origin
or for any other reason not related to his/her individual capabilities. 9. Students have the right to organize and create a student government. Students have the
right to freely elect or appoint their peers to office. 10. Students 18 years of age or older have the right to sign all official school documents and
represent themselves in all school related matters. Student Rights and Responsibilities
(Policy #5115) KEY POINTS Students’ Rights
• Right to an education • Right to a safe environment • Right to safely and confidentially
report any
information they
feel puts themself or
someone else in
danger or harm’s
way • Students can report safely through the
Administration or
by using the
1.800.903.6789,
Campus Crime
Stoppers
Anonymous line, or
confiding in a
trusted adult on
their site who will
be required to
report to the
Administration at
that school on
behalf of the student • Right to receive respect • Right to know grading policy East Side Union High School District Parent Handbook 53 11. Students 18 years of age or older have the right to see their own school files. Records of
students under age 18 may be reviewed by parents or guardians. Students have the right
to insert rebuttals to information and opinions in the files. 12. Students have the right to determine their own attire as long as it is not detrimental to health, safety, the educational process or in violation of common standards of decency. 13. Students have the right to be exempt from disciplinary action for off-campus behavior if such behavior is not school-related. 14. Students have the right to present complaints or grievances to school authorities and the right to receive replies within a reasonable time. 15. Students have the right of due process. Students have the right to appeal any action they believe has violated their rights. Responsibilities 1. Student responsibilities include regular school attendance, conscientious effort in
classroom work, and conformance to school rules and regulations. Most of all, students
share with the administration and faculty a responsibility to develop a climate within the
school that is conducive to wholesome learning and living. 2. Students have the responsibility to protect and care for all property and to assist the
school staff in operating a safe school for all students. It is also the responsibility of all
students to report unusual occurrences and activities, such as vandalism and theft of
school and students’ property, and drug activities. 3. It is the responsibility of each student to show respect for the rights of teachers, students,
administrators, and all others who are involved in the educational process. 4. Students have the responsibility to initiate their request for an appointment to confer
with the teacher, counselor, administrator, or any other personnel connected with the
school. It shall further be the responsibility of the students to indicate the degree of
urgency. (This request can be put in writing.) 5. Students who believe a mistake in grading has been made by the teacher, have the
responsibility to ask the teacher to review the records within a reasonable time. 6. Students serving on committees have the responsibility to represent the student body and
to report their progress. 7. Students have the responsibility to refrain from any distribution or display of materials
which are obscene, libelous or which advocate the commission of unlawful acts.
Students have the responsibility to consult in advance with appropriate school personnel
to determine such legal definitions. Students have the responsibility not to interfere with
the school program. Students are held accountable for their actions. 8. Students have the responsibility to know and follow the rules and regulations concerning
curricular and co-curricular activities. 9. Students have the responsibility to participate in and support student government. 10. Students 18 years or older have the responsibility to inform the school authorities that they are assuming their adult status. 11. Students have the responsibility to follow laws and rules regarding student records. 12. Students have the responsibility to give proper attention to personal cleanliness and neatness of dress and to follow safety and health standards. Footwear shall be worn. 13. Students have the responsibility to initiate due process in their own behalf if they feel they are being disciplined for off-campus behavior and if such behavior is not school-
related. 14. Students have the responsibility to present their complaints or grievances and possible solutions, in a clear, brief manner within a reasonable time. 15. Students have the responsibility to know their rights under due process. Students have the responsibility, within a reasonable amount of time, to follow the appeals process.
The levels of appeal shall be:
15.1 Staff person whom it is believed has violated the student’s rights
15.2 Immediate supervisor of the staff person
15.3 Assistant Principal or Associate Principal
15.4 Principal
15.5 Superintendent or his/her designee
15.6 District Board of Trustees
15.7 County Board of Education (Approved: Board of Trustees, 6/24/76; Amended: 6/6/79) KEY POINTS Students’
Responsibilities
• Attend school regularly • Care for all property • Show respect
• Request appointments when
concerns arise Resolving Problems • Talk to your student’s teacher,
counselor or
advisor to discuss
concerns and
resolution. • If you aren’t satisfied, meet with
Associate
Principals and/or
Principal/Director. • For major issues that cannot be
resolved at the
school, contact the
district office
Assistant
Superintendent of
Instruction. • See page 31 for more information
on complaint
procedures. 54 East Side Union High School District Parent Handbook California Law and the Family Educational Rights and Privacy Act of 1974 provide that
parents of a student, or the student, if 18 or older, have the right to inspect and review any and
all official records, files and data directly related to a student. Such records include all
registration forms, scholarship grades, health, guidance, counseling and attendance records.
The principal or his designee is the custodian of the records. A log or record is maintained
in the student’s cumulative folder for each pupil’s record which lists all persons or
organizations requesting or receiving information from the record, the reasons for requesting
the information, the time and circumstances of the inspection, and the records inspected.
School personnel are exempt. A school district is not authorized to permit access to pupils’
records to any person without written parental consent or under judicial order, except that
access shall be permitted to:
1. School officials and district employees and members of a school attendance review board with a legitimate educational interest within the East Side Union High School District or
officials and employees of other public, private or correctional school, where the student
intends or is directed to enroll. “School Official” is defined as a paid employee or elected
official of the East Side Union High School District whose official duties may require
access to the file of a particular student. Legitimate educational interest is determined by
the nature of the duties of the person seeking access to student files; 2. Federal, State or County officials, or their respective designees, where such information is pursuant to Federal or State Law; 3. In addition, access to student records will be permitted, within five working days of request, with an appropriate certificated school person present, to: 3.1 A pupil 16 years of age or older or having completed the 10th grade who requests such access; 3.2 A natural parent unless there is a court order to the contrary;
3.3 An adopted parent or legal guardian;
3.4 If parents are divorced or legally separated, the parent having legal custody (does not exclude natural parent); 3.5 A person designated, in writing, by such pupil if the pupil is an adult, or by either parent or guardian of such pupil if such pupil is a minor; 3.6 Parents of 18 year old students, if the student qualified, as a dependent under Section 152 of the Internal Revenue Code; and, 3.7 Attorneys representing students; provided the attorney presents a signed authorization from the parents; 4. The principal is responsible for maintenance of all records. School districts may release information from education records to the following: 4.1 Appropriate persons in connection with an emergency;
4.2 Agencies or organizations in connection with a student’s application for, or receipt
of, financial aid; 4.3 Accrediting associations; 5. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering
student aid programs, and improving instruction, if such studies are conducted in such a
manner as will not permit the personal identification of students or their parents by persons
other organizations and such information will be destroyed when no longer needed for the
purpose for which it is conducted; 6. Persons in compliance with court orders of subpoenas; and,
7. Officials and employees of private school where the pupil is enrolled or intends to enroll. Information concerning a student shall be furnished in compliance with a court order. The
school district shall make a reasonable effort to notify the parent and the pupil in advance
of such compliance if lawfully possible within the requirements of the judicial order.
Parents or adult pupils have the right to challenge the contents of student records. The Family Educational Rights and Privacy
Act KEY POINTS • Contact the Principal if you
want access to
your student’s
records • If you do not want your student’s
name released to
armed services,
provide a letter to
the school (see
page 44 for
details) East Side Union High School District Parent Handbook 55 principal or designee will, upon request, inform parents of the procedure to be used in
challenging the contents of student records. In the event that a student transfers to another
school or school system, student records will be sent on request from that scholar school
system. Parents of newly enrolled students have the right to receive and challenge the
records from the previous school. Student records, or any portion thereof, will be released
to any other person only upon the expressed written permission of a parent. DIRECTORY INFORMATION The District has designated the following eight items as directory information for students:
name; address; participation in school activities and sports; weight and height of members of
teams; dates of attendance; degrees and awards received; year in school; and, major field of
study.
Directory information may be released, on request, to accredited post secondary institutions of
higher learning such as public community colleges, public or private universities and colleges,
armed services of the United States and the news media provided the parent has not instructed
the district, in writing, to withhold such information. Effective July 1, 2002, military
recruiters are entitled to access student directory information, such as name, address and
phone number.
Parents wishing to have directory information withheld should notify the district in writing of
their objection.
The letter should include the following information:
a) Student’s Name
b) Student’s Date Of Birth
c) Student’s Year In School
d) School Student attends
e) Parent/Guardian Signature
f) Brief statement indicating objection to release of Directory Information.
Send to Public Information Office, East Side Union High School District, 830 N. Capitol
Avenue, San Jose, CA 95133. Pictures Frequently the district and schools take photos of students for yearbooks, district publications
and/or special events. Photos taken at special events are often put on the district and/or school
web site. If you do not want your student’s picture placed in any publications and/or the web,
send a letter to the district with that request. The letter should include:
a) Student’s Name
b) Student’s Date Of Birth
c) Student’s Year In School
d) School Student attends
e) Parent/Guardian Signature
f) Statement requesting that photos not be posted in publications and/or on the web.
Send to Public Information Office, East Side Union High School District, 830 N. Capitol
Avenue, San Jose, CA 95133. Electronic Transfer of Data to State This district is participating with the California School Information Services (CSIS) Program
in the electronic transfer of student data for state reporting to the California Department of
Education and to district and/or public postsecondary institutions to which the student is
transferring or applying for admission. All data maintained by the CSIS Program is in
compliance with federal and state privacy and confidentiality requirements. Student
information is encoded such that no personally identifiable information is retained by CSIS.
The data being transferred is specific to the state reports and records transfer requirements and
no additional data is reported.
The benefits of participation to the student and parent are that student records can be
transferred much more promptly, and that information about student assessment and academic
placement will be available at the time of transfer. Schools and districts will benefit from the
streamlining and reduction of required state reporting. KEY POINTS • Military Recruiters Information: The
No Child Left
Behind Act of 2001
requires that
school districts
disclose the names,
addresses and
telephone numbers
of high school
students to military
recruiters upon
request, unless
parents request
that this
information not be
released without
prior written
consent. Parents
have the option of
making such a
request. (Please
note: Forms are
available at the
school, on the
district web site
www.esuhsd.org in
the parents section
or by calling
408.347.5040.) 56 East Side Union High School District Parent Handbook HEALTHY SCHOOLS ACT (AB2260) NOTICE
TO PARENTS In compliance with the Healthy Schools Act (AB 2260) and Education Code 48980.3, the
following information is being provided to parents.
In order to control pests (such as ants, fleas, and stinging wasps) and weeds in the school
environment, pesticides and herbicides are used on an as needed basis.
Except in emergency situations, warning signs will be posted when herbicides or pesticides are
used. The warning signs will be posted 24 hours prior to application and will remain up for 72
hours after the application.
Parents will be notified annually of the anticipated chemicals that may be used.
The following is a list of the anticipated or expected pesticides and herbicides that may be used at
school sites.
Product Name Primary Active Ingredient Expected use Banvel Dimthylamine Herbicide Bayleton Chlorophenoxy Fungicide Dexol Potassium Nitrate Gopher abatement Diazinon Diazinon Insect Control Gopher Getter Diphacinone Bait Olive Stop Alpha Naphihaenen Fruit Inhibitor Round-up Glyphosate Weed Control Slurflan Oryzanlin Herbicide Treflan Trifluralin Herbicide Trimec Dimethylamine Herbicide Turflon Triclopy, Trichioro Herbicide The complete MSDS ( Material Safety Data Sheets) containing information for each chemical
may be obtained from Maintenance and Operations 347 5132 or Risk Management 347 5140.
Also, information is available on the website, www.pesticideinfo.org.
Parents may request in writing a separate written notice for each pesticide/herbicide application at
the student’s school. The notice should be sent to the Director of Facilities, Alan Garofalo, East
Side Union High School District, 830 N. Capitol Avenue, San Jose, CA 95133. The requested
special notices will be sent to the parents 72 hours prior to the anticipated application. INFORMATION SUPERHIGHWAY HAS RULES The East Side Union High School District is aggressively pursuing placing more computers in
classrooms for student to access. Understanding and using technology will be the key for jobs in
the 21st century and the district wants to ensure that its students are competitive candidates.
The Information Superhighway can be an incredible resource for students. From school they can
to travel all over the world to gather information. But as they travel to the electronic highway,
maps to find information and rules to keep traveling safe become vital to successfully completing
the journey.
The East Side Union High School District Network and the INTERNET represent powerful
educational resources that will allow students to find information in this worldwide electronic
network. Students can connect to businesses, major universities, national libraries, other schools
and other students around the world. The INTERNET is not without its share of controversy. It is
important that students and parents have an understanding of INTERNET issues prior to logging
on to the network.
At the beginning of each school year, prior to using networking services, students and parents
need to sign an Acceptable Use Policy. Just as students learn social codes and behavior that are
acceptable at school, they need to learn the correct procedures and rules for using the network of
information services. All students are expected to obey the guidelines. If they break any of these
rules, they will not be allowed to continue to use the computer network. The signed policy
agreement becomes the permission slip to take trips on the information highway. East Side Union High School District Parent Handbook 57 NO CHILD LEFT BEHIND ACT I n January 2002, President Bush signed the federal No Child Left Behind Act (NCLB). This bill puts increased pressure on states to improve achievement for all students and to
develop data systems to track progress. A large portion of the NCLB funding is under Title I, which provides funding for schools
to serve students living in poverty. Schools receiving NCLB funds have to address
several critical areas. Key Components 1. Closing the Achievement Gap Schools receiving NCLB funds need to significantly narrow the achievement gap
among various racial and ethnic group, poor and average to above average income
level students, English language learners and fluent English speakers, the students
with disabilities and those without disabilities. 2. Establish Accountability Systems District and schools have to be able to demonstrate student progress. Parental “Rights” in Title I
Under NCLB, 2001 1. The right to participate in the development of a written parent involvement policy that is incorporated into the district’s plan; 2. The right to be involved in the decisions regarding how Title I funds are spent;
3. The right to an annual meeting, at a convenient time, to explain the school’s participation in Title I and the parents’ rights to be involved; 4. The right to timely information about the programs including a description and explanation of the curriculum in use at the school; 5. The right to review school performance and individual student performance profiles and 6. The right to timely responses to suggestions made by parents.
7. The right to receive information about language program options for English Learners including the right to not enroll in any such program Sec. 1112(g)(1)(A); 8. The right to know the Program Improvement status, in which the school has not met its adequate yearly growth targets, of the school in which their child attends
Sec. 1116(b)(3)(A)(vi); 9. The right to supplemental education services from approved providers outside of the school district for children enrolled in schools that are not making adequate
yearly progress Sec.1116(e)(A); 10. The right to transfer out of the school that is part of the Program Improvement into one that is not in Program Improvement Sec. 1116(b)(1)(E); 11. The “Parents Right to Know,” in which parents have the right to request the professional qualifications of the teachers of their child; 12. The right to receive “in an understandable and uniform format and, to the extent practical, provided in a language that the parents can understand” annual state and
district report cards that explains the academic achievement level of all students.
Sec 111(h)(1) and Sec. 1112(b)(1)(A)(i) 13. The right to have comments about dissatisfaction included along with the plan submitted to the district and the state.

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