DISTRICT ANNOUNCEMENT OF NON-DISCRIMINATION

Nondiscrimination Statement

The West Contra Costa Unified School District prohibits discrimination, intimidation, harassment (including sexual harassment) or bullying based on a person’s actual or perceived ancestry, color, disability, gender, gender identity, gender expression, immigration status, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics.

For questions or complaints, contact Equity Compliance Officer|Title IX Coordinator: Jose Espinoza, 1108 Bissell Avenue, Richmond, CA 94801, (510) 231-1118, jespinoza2@wccusd.net, and Section 504: Executive Directors' Office by school area. Area 1: DiShawn Givens (dishawn.givens@wccusd.net). Area 2: Jawan Eldridge (jeldridge@wccusd.net). Area 3: Jose De Leon (jdeleon@wccusd.net). 1108 Bissell Ave., Richmond, CA 94801, (510) 231-1483.

NON-DISCRIMINATION POLICY CONTACTS

DISTRICT BOARD OF EDUCATION

The five members of the West Contra Costa Unified School District Board of Education are elected by voters in the community for a term of four years. Board elections take place in November every other year. New board members are sworn in on or after the first Friday of December following elections. The board elects its president and clerk each year in December.

Regular Board meetings are held in the LoVonya DeJean Middle School Multipurpose Room, 3400 Macdonald Ave., Richmond. Public session begins at 6:30 p.m. An agenda for each meeting is published three working days prior to the meeting. Agendas are posted at the administration building and at each school. Complete board meeting packets are available for review at the administration building, the district's six high schools, and at public libraries throughout West County.

Following each Board meeting, a video recording of the meeting will be posted on our Board homepage and the 
WCCUSD YouTube channel, approximately 1-2 days following each meeting.

BOARD OF EDUCATION MEMBERS

2024-25 PARENT—STUDENT HANDBOOK ACKNOWLEDGEMENT FORM

Parent/Guardian: The West Contra Costa Unified School District has a Parent-Student Handbook, which reflects important policies for our schools. Those policies are designated to guide our students through successful school experiences by governing attendance, tardiness, classwork, homework, discipline, dress, grading, promotion, and retention.

Detach, sign, and return this page to your child’s school indicating you have received a copy of the Parent / Student Handbook.  Also, where specified on this page, indicate whether you have a child on continuing medication and if you do not wish directory information to be released.

Student’s Name: ______________________________________________________________________

School: _____________________________________________________ Grade: __________________

Student is on a continuing medication program: (Please check one)                      YES_____ NO_____

If YES, you have my permission to contact student’s physician:

Physician’s Name: _________________________________________ Telephone: __________________

Medication: ______________________________________________ Dosage: _____________________

Medication: ______________________________________________ Dosage: _____________________

If the West Contra Costa Unified School District decides to release directory information, the West Contra Costa Unified School District shall provide an annual notice to parents and guardians, and “eligible students” in attendance, of the West Contra Costa Unified School District’s directory information policy that includes:

1. The categories of information that the West Contra Costa Unified School District has classified as public directory information that may be disclosed without parental consent and which should only include the information specifically identified in Education Code section 49061, subdivision (c).
2. A statement that directory information does not include citizenship status, immigration status, place of birth, or any other information indicating national origin (except where the West Contra Costa Unified School District receives consent as required under state law).
3. The recipients of the directory information.
4. A description of the parent’s or guardian’s abilities to refuse release of the student’s directory information, and how to refuse release.
5. The deadline in which the parent, guardian or student must notify the school in writing that he or she does not want the information designated as directory information.

If you do not wish directory information released, please sign where indicated below and return to the school office within the next 30 days. Note that this will prohibit the District from providing the student’s name and other information to the news media, interested schools, parent-teacher associations, interested employers, and similar parties.

Do NOT release directory information regarding ____________________________________________

     (Pupil’s Name)

               Check if an exception may be made to include student information and photos in the yearbook.

I hereby acknowledge that I have received and read a copy of the Parent-Student Handbook of the West

Contra Costa Unified School District.

Signature of Parent or Guardian: _______________________________________        Date: _________________________

This form will be kept on file at the school office.

ELEMENTARY SCHOOLS

School        Phone

Bayview                                                              231-1401        

Cameron                                                              231-1445        

Chavez                                                                 231-1418        

Collins                                                                  231-1446        

Coronado                                                            231-1419        

Dover                                                                   231-1420        

Downer                                                                231-1435        

Ellerhorst                                                             231-1426        

Fairmont                                                              231-1448        

Ford                                                                      231-1421        

Grant                                                                    231-1422        

Hanna Ranch                                                      231-1441        

Harding                                                               231-1413        

Highland                                                             231-1424        

Kensington                                                          231-1415        

King                                                                      231-1403        

Lake                                                                      231-1451        

Lincoln                                                                 231-1404        

Lupine Hills                                                         231-1411        

Madera                                                                 231-1412        

Michelle Obama                                                 231-1456        

Mira Vista K-8                                                     231-1416        

Montalvin K-8                                                     231-1405        

Murphy                                                                231-1427        

Nystrom                                                               231-1406        

Ohlone                                                                 231-1443        

Olinda                                                                  231-1452        

Peres K-8                                                             231-1407        

Riverside                                                             231-1409        

Shannon                                                              231-1454        

Sheldon                                                               231-1414        

Stege                                                                    231-1425        

Stewart K-8                                                         231-1410        

Tara Hills                                                            231-1428        

Valley View                                                         231-1455___

Verde K-8                                                            231 -1408 __

Washington                                                         231 -1417        

West County Mandarin K-8                        231-1457

MIDDLE SCHOOLS

School        Phone

Betty Reid Soskin                                              231-1447        

DeJean                                                                 231-1430        

Helms                                                                  231-1423        

Hercules                                                              231-1429        

Korematsu                                                           231-1449        

Pinole                                                                   231-1436                  

HIGH  SCHOOLS

School        Phone

De Anza                                                         231-1440        

El Cerrito                                                       231-1437        

Hercules                                                        231-1429        

Kennedy                                                        231-1433        

Middle College                                             215-3881        

Pinole Valley                                                 231-1442        

Richmond                                                      231-1450        

ALTERNATIVE & ADULT EDUCATION

Alternative School

School        Phone

Greenwood Academy                                 231-1402        

Vista Land/Vista Virtual                            231-1431        

                      ADULT SCHOOLS

 School                                                           Phone

Alvarado                                                        231-1453        

To view our School Day Start-End Times, School Location Maps, the Resident School Directory, please visit our website: www.wccusd.net

1.        ATTENDANCE

1.1        COMPULSORY ATTENDANCE

Compulsory attendance is mandated by the State of Education Code 48200. For admission into Transitional Kindergarten, a child must have his/her 5th birthday between September 2 and April 2 of the current academic year. For admission into kindergarten, a child must have his/her 5th birthday on or before September 1 of the current year. The legal age for leaving school prior to graduation is eighteen (18) years; students cannot voluntarily quit before age eighteen (18). Full time school attendance is compulsory for California students between the ages of six (6) and sixteen (16). Minimum attendance standards require students who are at least sixteen (16) years of age, but less than eighteen (18) years of age who are not enrolled in a traditional program attend a Continuation High School or Regional Occupational Program. If students are employed, a minimum schedule program is permitted for  students sixteen (16) years of age or older.

Definitions of Truancy: 

1. Truant: A student is classified as a truant upon their third unexcused absence or tardy in excess of thirty (30) minutes or any combination of the two within one school year.
2. Chronic Truant: Any student who is absent from school without a valid excuse for ten percent (10%) or more of the school days in one school year, from the date of enrollment to the current date.
3. Habitual Truant: The law further requires that after a student has been reported as a truant three or more times in one school year and after an appropriate school employee has made a conscientious effort to hold at least one meeting with the parent and the student, the student is deemed a habitual truant.

Medical Verification due to excessive illness related absences: : Board Policy 5113 (b) Indicates that medical verification may be requested by the principal and/or District Administrator for students with continued excessive absenteeism.

Actual Attendance: School districts do not receive funding from the State of California for pupils who are absent from school. This includes all absences, even those related to illness, medical or dental appointments, or for the purpose of attending funeral services of a member of the immediate family.

In other words, schools will receive State funding only for students who actually attend school. If you find it necessary to keep your child out of school for reasons other than illness, you are encouraged to send your child to school for at least part of the day; your child will not be counted absent for the day and will not miss important school assignments.

You are also encouraged to take vacations or family trips during school holidays. If you must keep your child out of school, please contact the school regarding a temporary “Independent Study” contract.

Communication: The Education Code requires parents to communicate with school by phone, email, or note as to the reason for a student’s absence. Although the school district will not receive funding for all-day absences, the following are considered excused absences for the purpose of Compulsory Attendance laws (see number 1 above) and laws/requirements related to CalWorks:

• Illness or Quarantine
• Medical, Dental, Optometric, or Chiropractic Appointments
• Jury Duty
• Funeral Services for Immediate Family
• Exclusion for Immunization Needs
• Court Appearance
• Religious Observances
• Employment Conferences
• College or University Interviews
• School-Approved Extra-Curricular Activities

Extenuating Circumstances: Absences due to other extenuating circumstances, as approved by the school administration, may also be considered excused.

Absences must be cleared within five (5) school days of the date of the absence. After five (5) school days, an un-cleared absence will be counted as unexcused. Unexcused absences include suspension or absences not verified by a parent according to the above criteria.

Make-Up Work: Students with excused absences may be allowed to complete all missed assignments and tests that can be reasonably provided. Upon satisfactory completion and within a reasonable time limit as determined by the teacher, the student shall receive credit.

The teacher of any class from which a student is suspended may require the suspended student to complete all assignments and tests missed during the suspension which can reasonably be provided. Upon satisfactory completion and within a reasonable time limit as determined by the teacher, the student shall be given full credit.

School Teams: School Attendance Review Teams (SART), Student Study Teams and Student Success Teams (SSTs) are school site teams which include the parent and the student, teachers, counselors, and other appropriate professionals that meet to discuss the specific needs of at-risk students, including attendance and truancy issues. The goal of this team is to identify possible solutions to improving the students’ attendance and/or behavior. At this meeting the student and their family agree to abide by the directions of the School Attendance Review Team (SART).

SWAT: The Student Welfare and Attendance Team (SWAT) Department focuses on prevention and reduction of truancy and chronic absenteeism. The truancy technicians may refer chronically absent and truant students to critical support services and interventions which will help them get back on track with their education.

SARB: The mission of the School Attendance Review Board (SARB) is to help students stay in school, attend school regularly and graduate. SARB is a District level board with community partners designed to to bring together resources to assist families with attendance, truancy and behavior issues and is not merely a punitive body, but rather serves as another safety net to help students stay in school. The SARB’s challenge is to use the expertise and resources of the entire board to understand the problem and collaborate with the student and family to remedy the factors that led to truancy.

Students’ Responsibilities:

1. Attend school daily unless a valid excuse, considered an excused absence, is presented to the school.
2. Present a note to school personnel verifying the absence immediately upon return to school.
3. Make-up homework and class assignments as requested by the teacher for excused absences. Ask the teacher if work missed during an unexcused absence may be made up.
4. Complete the Independent Study Contract requirements.

Parent/Guardians’ Responsibilities:

1. Make certain that the student is in school unless a valid excuse prevents that student from attending. The student should not arrive on campus earlier than fifteen (15) minutes before classes convene. (When supervision begins).
2. Send a note or make a personal phone call to verify an excused absence as soon as possible.
3. Submit a written request, whenever possible, to the Principal or designated representative at least five (5) days before a proposed acceptable absence to allow for Independent Study approval. Supervise the make-up of all homework and class assignments.
4. Should the student be found to be a chronic or habitual truant, attend all scheduled school meetings and hearings to correct the problem.
5. Absence Note: The absence note must be signed by the parent/guardian. It should contain the following:

• Student’s name and grade level
• Days and dates of absence (for example, Monday – Tuesday, September 9-10)

• Partial day or whole day
• Reason for absence
• Date the note is written
• Parent/Guardian’s signature and phone number

6. Parents/Guardians must come to the office to sign a student into or out of school after the school day begins.

Teachers’ Responsibilities:

1. Keep an accurate record for attendance in the standard roll book or on the District required attendance card or sheet.
2. Consider unverified absences as unexcused.
3. Notify the parent/guardian of any student who has three (3) or more unexcused absences, or has been tardy in excess of thirty (30) minutes on each of more than three (3) days in one school year. Document this notification and submit it to the principal.
4. Refer any student who is a chronic truant to the principal.
5. Give make-up work for excused absences.
6. Initiate and complete the Independent Study Contract procedure.

Administrators’ Responsibilities:

1. Make a conscientious effort to notify the parent/guardian of any student who has been absent or tardy from school for three (3) days without a valid excuse.
2. Keep a copy of each teacher’s grading system and method of informing students and parents on file in the office for reference in a conference.
3. Make a conscientious effort to inform parents, students, and teachers of the functions of the Student Attendance Review Team (SART), School Attendance Review Board (SARB), and the Student Welfare and Attendance Team (SWAT).
4. Maintain a comprehensive attendance file that outlines corrective measures taken to eliminate attendance problems on truant students.
5. After diligent outreach, if attendance does not improve and continued truant events occur, refer the student to the SART for an attendance improvement plan.
6. Supervise the implementation of this policy.

School Site Responsibilities:

Develop a School Attendance Review Team (SART).

If attendance does not improve after a SART meeting and continued truant events occur, refer the student to the SARB for further attendance improvement planning and resolution. 

1.2        TARDY POLICY

Students’ Responsibilities:

1. Be seated in the classroom or at the designated workstation with the necessary materials when the bell rings.
2. Recognize that any unexcused tardy will result in disciplinary action by the teacher.
3. Recognize that four (4) or more unexcused incidents of tardiness per quarter in a class may result in progressive discipline.

Parent/Guardians’ Responsibilities:

1. Encourage promptness. Send a note to class to inform the school about the reason for the student’s tardiness.
2. Recognize that excessive tardiness disrupts a student’s academic performance.

Teachers’ Responsibilities:

1. Follow the established policy
2. Keep an accurate record of unexcused tardiness.
3. Take preventive and/or corrective action, such as assigning consequences, notifying parents/guardians, etc.
4. Refer to the administration any student after the third unexcused tardy within a quarter.

Administrators’ Responsibilities:

1. Take disciplinary action when a student is referred.
2. Provide positive incentives for students to encourage good attendance.
3. Supervise implementation of this policy.
4. Hold conferences with parents/guardians and students to understand root causes of attendance difficulties and co-create a plan to support student success.

School Site Responsibilities:x

1. Develop, communicate and implement tardy procedures contained within the school-wide Discipline Plan that define student, parent, teacher and administrator responsibilities, expectations, and consequences.

2.         CURRICULUM

2.1        CHILD FIND SYSTEM/POLICIES AND PROCEDURES

Any parent suspecting that a child has exceptional needs may request an assessment for eligibility for special education through their school or school of attendance if they are not enrolled in the public school system. The school then sets up an SST to review the request for assessment. Policy and procedures shall include written notification to all parents of their rights pursuant to Education Code section 56300 et seq. (Ed. Code, §56301, 34 C.F.R. § 104.32(b))

2.2        CLASSWORK POLICY

Students’ Responsibilities:

• Attend class regularly with an academic mindset.
• Demonstrate Mutual Respect by not being disruptive.
• Come to class prepared with materials required to participate in the daily lessons.
• Seek assistance from the teacher when having difficulty understanding the class work.

Parent/Guardians’ Responsibilities:

• Be aware of the student’s progress in class by reviewing daily classwork, checking homework, and reviewing progress on Powerschool.
• Contact the teacher for a conference regarding any questions about the curriculum or the student’s progress.
• Contact the counselor (secondary schools only) for a special report on the student’s progress when concerned that the student is not achieving.
• Attend Back-to-School Night in the fall to learn about the course outline (syllabus), class procedures and expectations, and Open House in the spring, where student work is displayed.
• Be aware that Progress Reports are issued 15 days before the close of the marking period by teachers to students who may fail. Inquire to see if the student received a report.
• Review the report cards that are issued at the end of each quarter/trimester:

Elementary: 3 Trimesters

Secondary: 4 Quarters

Teachers’ Responsibilities:

Provide an orderly culturally responsive learning environment based on the criteria outlined in the California Standards for the Teaching Profession (CSTP). Develop a syllabus outlining the expected topics to be covered. Provide major written assignments and grading criteria based on CA Content Standards and Next Generation Science Standards.

• Assign class work assignments that are aligned to grade level content standards, differentiated, and meaningful to the student’s educational development.
• Maintain daily lesson plans. Explain course requirements and the way these requirements will be evaluated to students and to parents at Back to School Night.
• Explain the class work and due dates.
• Make appropriate comments and marks on assignments and return them in a timely manner to students or communicate achievement level to students.
• Keep a record of assignments and marks for the entire school year for each student. Assignments and marks are to be maintained in the PowerSchool system or a gradebook that must be turned in at the end of the school year.
• Provide assistance to students who have not mastered the content of the material adequately.
• Respond to requests for assignments missed because of absence and establish a due date for return of the make up work.
• Respond to a parent’s concerns regarding the student’s progress within 48 hours.
• For each class maintain seating charts and daily lesson plans in sufficient detail so that a substitute teacher can maintain continuity of instruction. In the event of an absence, teachers shall provide written lesson plans to the substitute teacher to assure continuity of instruction. These lesson plans could be special lesson plans created for the absence, the teacher's regular lesson plans, or emergency lesson plans. Teachers are to leave lesson plans in their classroom. Teachers will provide an electronic copy of emergency lesson plans to the principal at the beginning of each school year.

Administrators’ Responsibilities:

• Supervise implementation of this policy.
• Assist teachers in providing an orderly learning environment.
• Monitor teacher records including Powerschool, grades, progress reports, seating charts, and lesson plans.

2.3        CAREER TECHNICAL EDUCATION (CTE) PATHWAYS

Career Technical Education (CTE) programs offer high school students a choice among several different multi-year sequences of courses in one of California’s 15 identified industry sectors that prepares students for a variety of high-way, high-demand, and high-growth careers.

Pathways organized using an Academy model provide an integrated academic and technical program of study organized around a broad industry theme (e.g. health sciences; media, education, advanced manufacturing/engineering, technology, etc.) and students attend courses as a cohort.  The Academy model operates as a small learning community where students learn both technical skills and academic content through the lens of the selected industry theme. Career Pathways designed with this cohort Academy model are designated below using an asterisk (*).

Other Pathways are organized using an elective sequence model.  In this model, a student completes a series of elective courses that focus on building industry-specific technical skills in an identified industry sector.

All CTE Pathways programs that prepare high school students for a range of postsecondary options, including 2-and 4-year colleges or universities, apprenticeships, the military, formal postsecondary employment training and quality careers.CTE Pathways serve students in grades 9-12 or 10-12.  During open enrollment, students interested in a Pathway that is not in their resident high school can utilize the open enrollment policy to apply to attend a district high school that does.

Course Sequences

The chart below is an example of course sequences for a Health Academy, an Engineering Academy, and a Construction Trades Pathway.

Current College & Career Pathways/Courses

College & Career Pathways/Courses are located at the following schools:

*Career Pathways with an asterisk (*) are designed with the Academy Model

2.4        COURSE ASSIGNMENTS

A school district is prohibited from assigning a student enrolled in any of grades 9 through 12 to any course period without educational content for more than one week in any semester, except under specified conditions.  Under no circumstances can a district assign a student enrolled in any of grades 9 through 12 to a course period without educational content because there are not sufficient curricular course offerings for the student to take during the relevant period of the designated school day.  (Ed. Code, § 51228.1)

A school district is prohibited from assigning a student enrolled in grades 9 through 12 to a course that the student has previously completed and received a grade determined by the district to be sufficient to satisfy the requirements and prerequisites for admission to the California public post-secondary schools and the minimum high school graduation requirements, except under specified conditions.  Under no circumstances can a district assign a student enrolled in any of grades 9 through 12 to a course the student has previously completed and received a sufficient grade, as specified, because there are not sufficient curricular course offerings for the student to take during the relevant period of the designated school day.  (Ed. Code, § 51228.2)  

These sections do not apply to students in alternative schools, community day schools, continuation high schools or an opportunity school.  A district may continue to authorize dual enrollment in community college, to run evening high school programs, to offer independent study, work experience education, and other specified courses.  

A complaint of noncompliance may be filed under the District’s Uniform Complaint Procedures and Title 5 of the California Code of Regulations.  (Ed. Code, § 51228.3)

2.5        DISSECTION OF ANIMALS

If a student has a moral objection to dissecting or otherwise harming or destroying animals, or any part of an animal, the pupil must notify the teacher regarding such objection, and the objection must be substantiated with a note from the pupil’s parent or guardian. If the pupil chooses to refrain from participating in such a project, and if the teacher believes that an adequate alternative education project is possible, then the teacher may work with the pupil to develop and agree upon an alternate education project for the purpose of providing the pupil an alternate avenue for obtaining the knowledge, information or experience required by the course of study. [Ed. Code § § 32255- 32255.6]

2.6  EXPANDED LEARNING PROGRAMS

West Contra Costa Unified School District (WCCUSD) operates 34 state and/or federally funded school-based after school programs throughout the District. These school-based expanded learning programs are overseen by the District’s Expanded Learning Office and operate every day that school is in session, from the end of the core instructional  day until 6:00 p.m.  Program offerings include a combination of  academic (e.g. skill building activities, tutoring, targeted interventions, and structured homework support) and enrichment (STEM, visual and performing arts, organized sports, leadership, chess, and social and emotional learning activities). Participating students receive supper provided by the WCCUSD Food Services Department.

Program slots are open to enrolled TK-12th grade WCCUSD students at each school site, based on availability, with priority enrollment offered to McKinney Vento, foster students, students who qualify for Free and Reduced Priced Meals (FRPM), English Language Learners (ELL), and Newcomers.  Students with siblings in the program and students who can attend the program daily can also be considered for priority enrollment.  

TK-6th grade students who are enrolled at a school that does not have an onsite state and/or federally funded after school program are eligible to be bussed to a nearby elementary school site with a program.  

Families can submit an application to their student’s after school program through the Parent Portal on Powerschool.

2.7         EXTRA–CURRICULAR AND CO–CURRICULAR ACTIVITIES POLICY

Philosophy of Student Code of Behavior

Students who are selected for the privilege of participating in school extracurricular and co-curricular activities should conduct themselves as responsible representatives of their schools. The use of drugs, alcohol and tobacco is detrimental to the health of the participants and interferes with their performance. It is the intent of the Student Code of Behavior to encourage participating students to be drug, alcohol and tobacco free all of the time; however, student discipline or restrictions on extracurricular activities or co-curricular activities may be based only upon conduct of the student which occurs while on school grounds, going to or going from school, during lunch period (whether on or off campus), or during or while going to or going from a school-sponsored activity. [Ed. Code 48900 and Ed. Code 48901]

Definition of Extracurricular, Co-curricular Activity

Extracurricular or co-curricular activities include any activities that require the student to participate outside the regular school hours. Fine Arts classes that require performance as part of district curriculum standards are not considered co-curricular. Extracurricular activities include athletics, spirit squad, student government, pep squad/marching band, forensics, drama performances, and competitions. Co-curricular activities include specialty performances and competitions. Education Code 48900

Students are not to use, possess, distribute or be under the influence of alcohol beverages, unlawful drugs, controlled substances, hallucinogens or items purporting to be any of the foregoing while on school grounds, going to or going from school, during lunch period whether on or off campus, or during or while going to or going from a school-sponsored activity. Education Code 48901.  No school shall permit the smoking or use of tobacco, or any product containing tobacco or nicotine products, by pupils of the school while the pupils are on campus or while attending school-sponsored activities or while under supervision and control of school district employees.

Disciplinary Action

Students who violate Education Code 48900 are subject to suspension from school for three (3) to five (5) days, and shall be required to attend a series of educational classes and/or shall be subject to expulsion. Refer to the WCCUSD Positive School Climate Resolution and Discipline Matrix for guidance with progressive discipline.

ELIGIBILITY POLICY FOR STUDENT ACTIVITIES

In compliance with Education Code 35160.5, West Contra Costa Unified School District students must earn twenty-five (25) credits in high school or pass a minimum of five (5) classes in Junior/Middle school and have earned a grade point average (G.P.A.) of 2.0 on a 4.0 scale for the most recent marking period in order to participate in extra/co-curricular activities.

Determination of Eligibility:

• All classes must be used in computing the G.P.A. except classes that earn less than 2.5 credits per quarter.
• The quarter mark will be used to compute the G.P.A.
• Eligibility must be declared on the district report card issue date.
• Summer school marks/credits shall be counted toward making up scholastic deficiencies incurred in the fourth quarter. A maximum of twenty (10) summer school credits may be applied to determine eligibility for the fall quarter. Credit for summer school courses for the purpose of determining eligibility will be calculated as follows (N.C.S. 2094):
• The grade in a summer school course that is identical or equivalent in title and content to a course taken in the preceding grading period will replace the previous grade and the grade point average will be recalculated using the same number of courses as the divisor.
• The grade in a summer school course that is different in title and content from the courses taken in the preceding grading period will be added and the grade point average will be recalculated using all grades of the previous courses plus the new grade from the summer school course(s).
• Opportunity for Probation - One probationary period of one quarter shall be granted to students who fail to meet the eligibility requirements during their four years of high school. Middle school students shall be granted one probationary period.
• In order to qualify for probation, a student must have passed at least four (4) classes the previous marking period.
• The probationary period also applies to the following student groups:

• Student New to State
• Freshmen
• Middle School 6th Grade Students
• Middle School 7th Grade Students

• It is the intent of this policy to emphasize to each student that the student’s primary responsibility is to meet the academic challenge of learning. School staff will work with students who, because of academic difficulties, lose eligibility.

2.8        EVERY STUDENT SUCCEEDS ACT (ESSA)

The Every Student Succeeds Act (ESSA) took full effect in 2018 to replace the No Child Left Behind Act and modify the Elementary and Secondary Education Act of 1965 (ESEA). If the California Department of Education provides updates, the following parent notice requirements may change, and new notice requirements may be added. 

•  Information Regarding Professional Qualifications of Teachers, Paraprofessionals, and Aides:  Upon request, parents have a right to information regarding the professional qualifications of their student’s classroom teachers, paraprofessionals, and aides.  This includes whether the teacher meets the state qualifications and licensing criteria for the grades and subjects he/she teachers, whether the teacher is teaching under an emergency permit or other provisional status because of special circumstances, the teachers major or field of discipline for any degrees or certifications held by the teacher, and whether any instructional aides or paraprofessionals provide services to the parents’ child and, if so, their qualifications.  In addition, parents have a right to notice when the parent’s child has been taught for four or more weeks by a teacher who does not meet state qualifications and licensing criteria for the grade levels and subject areas in which their child is assigned.  (ESEA § 1111(h)(6) (as amended by ESSA))         

• Information Regarding Individual Student Reports on Statewide Assessments:  Upon request, parents have a right to information on the level of achievement of their student on every State academic assessment administered to the student.  (ESEA  § 1111(h)(6) (as amended by ESSA))

• School Identified for Comprehensive Support and Improvement/Additional Targeted Support and Improvement: Section 1111(d) of the ESSA requires the State to notify each LEA that serves schools that meet the criteria for CSI. Upon receiving notification from the State, and in partnership with stakeholders and for each school that meets the criteria, the LEA shall:

Locally develop and implement a plan for the school to improve student outcomes

Approve each plan
The Plan must:

• Be informed by all State indicators, including student performance against State-determined long-term goals;
• Be based on a school-level needs assessment;
• Include evidence-based interventions; and
• Identify resource inequities, which may include a review of LEA- and school-level budgets, and address those inequities through implementation of the plan.

• Limited English Proficient Students:  The Act requires notice be given to parents of limited English proficient students regarding limited English proficiency programs, not later than 30 days after the beginning of the school year (or, for students identified later in the school year, within two weeks).  Notice includes:  the reasons for the identification of the student as limited English proficient; the need for placement in a language instruction educational program; the student’s level of English proficiency and how such level was assessed; the status of the student’s academic achievement; the methods of instruction used in the available programs (including content, instructional goals, and the use of English and native language); how the recommended program will meet the student’s educational strengths and needs; how the program will specifically help the  student learn English and meet age-appropriate academic achievement standards; the exit requirements for the program; how the program meets the objectives of the student’s IEP, if applicable; and, parent options for removing a student from a program, declining initial enrollment and/or choosing another program.  (ESEA § 1112(g)(1)(A) (as amended by ESSA))  In addition, the notice shall include whether the  student is a long-term English learner or English learner at risk of becoming a long-term English Learner and the manner in which the program will meet the needs of a child identified as either a long-term English learner or English learner at risk of becoming a long-term English Learner.  (Ed. Code, § 313.2)

The information provided above is available upon request from each student’s school or the district office.  Additional notices that may be required shall be sent separately. (20 U.S.C. § 6301 et seq.)

2.9        GRADING AND MARKING POLICY

District Policy: All Students are learning every day, and they do so at different rates and in different ways. Supporting all of our students requires that teachers and parents work together to ensure grade level mastery of standards and content as well as to provide additional support where necessary. Regular  communication of learning is an integral part of this partnership. Grading and Report Cards serve as an important part of this ongoing communication.

ELEMENTARY

Grades K-8 – Report cards are issued three times a year to students in elementary school. Parent conferences are held in early November. Parents will be notified by their school for report card distribution information and conference dates.

1. Elementary Report Cards:

1. Each school decides on the manner in which report cards are distributed (in person, electronically, by mail, etc.) and shares this with parents on or before Back-to-School Night.
2. Report cards are distributed approximately three weeks after the last day of the trimester. (See WCCUSD Calendar). Exact dates of distribution will be provided to parents by each elementary school.
3. Each trimester is approximately sixty (60) days in length.
4. Report Cards reflect a child’s learning for that period of time and progress toward grade level standards, rather than timeliness or other factors which may be the result of circumstances outside a  student’s control.  
5. Students will be allowed to redo assignments for full credit.  
6. Elementary Report Cards will continue to include strengths-based narratives to describe what  students currently can do and their next steps in the progression toward the mastery of skills and grade level standards. The strengths-based narratives will include specific data from district and site assessments, at least 3 specific skills that will be worked on in the coming trimester, and ways the parent can support student learning.
7. A student who transfers from a school outside the District fifteen (15) days or less before the end of the trimester will not receive a report card for that trimester.
8. District leaders, site administrators, teachers and community members are working together to better understand and define proficiency-based grading and developing a more refined, equity focused report card. A proficiency-based, standards-aligned section has been added to the report card.

2. Progress Reports: Progress reports are provided mid-trimester.  They are a critical piece of communication particularly for students, K-8, who are struggling to meet grade level expectations.  A copy of the progress report will be kept in the student’s cumulative folder.

3. English Learners: Progress for English Learners  is included on report cards and progress reports, indicating their progress toward CA English Language Development Standards with comments specifically targeted to their particular growth along the continuum: Emerging to Expanding to Bridging.

4. Special Education Students: Students who have an Individualized Education Plan (IEP) receive a Progress Toward Goals along with their regular report card.

5. Section 504 Students: A student’s 504 Plan will determine the modifications necessary, if any,  in grading.

Students’ Responsibilities:

1. Deliver the progress report and/or the report card to the parent/guardian if not sent home electronically..
2. If required, return the progress report signature form and/or the signed report card response form to the teacher within one week of issuance.

Parent/Guardians’ Responsibilities:

1. Review and sign the progress report signature form, if one has been issued, and see that the student returns it to the teacher within one week of issuance.
2. Request a conference or collaboration in developing a plan to assist the student who is currently working below grade level.
3. Know when report cards are issued.
4. Meet with the teacher if a conference is requested.
5. Discuss your child’s growth, development and overall  learning with him/her/them.
6. Take appropriate action to support the student.

Teachers’ Responsibilities:

1. Evaluate student achievement and maintain records of student progress.
2. Issue a progress report for students who are performing below proficiency.  Place a copy of the Progress Report in the student’s cumulative folder.
3. Issue report cards three (3) times a year.
4. Maintain returned progress report signature forms, report card response forms or electronic communication..
5. Schedule and make a reasonable effort to have a conference with the parent/guardian of each student in the class.
6. Maintain ongoing communication with the parents/guardians of students.

Administrators’ Responsibilities:

1. Review and approve all progress reports.
2. Review all grades and comments for students in grades K-8.

        3.     Supervise the implementation of this policy.

SECONDARY

Report card marks are given on a quarter and semester basis to inform the parent/guardian and student of the academic progress of the student. In high school semester, marks will be used to earn credits toward graduation and to compute grade point averages.

• Report cards are distributed within ten (10) school days after the last day of quarter or semester. Exact dates of distribution will be provided to parents by each secondary school.
• Each quarter is approximately forty-five (45) days in length.

Eligibility for Report Card: Any student who is enrolled for a minimum of fifteen (15) school days of any quarter must receive marks at time of leaving. Those enrolled for fourteen (14) or fewer school days will not receive report card marks. Their marks come from the sending school.

• Report Card Marks:

A = Outstanding Achievement

B = Good Achievement

C = Satisfactory Achievement

D = Minimum Achievement

F = Unsatisfactory Achievement

• Progress Reports: A progress report is a report issued prior to the report card informing the parent/guardian of the student’s progress to that date. Students receiving a mark of “D” or “F” must receive a progress report. The progress report will be issued at least fifteen (15) school days before the report is completed.

• Interim Action: If any student who did not receive a D or F progress report is in danger of failing the class, the teacher must issue a progress report no later than ten (15) days before the end of the marking period if a student is in danger of receiving a failing grade.

• Purpose: The purpose of the “D” or “F” progress report is to provide a warning for the student of possible failure in sufficient time to notify the student and parent of the need to improve prior to the end of each marking period. Teachers will mark comments on the progress report indicating the reasons for the “D” or “F.”

• “F” Mark Requirement: A student cannot receive an “F” mark on the report card without being given a “D” or “F” progress report.

• Quarter and Semester Reviews and Final Examinations: All courses should end with an assessment, project, or presentation that demonstrates mastery of the skills and standards covered during that semester. Student performance on this mastery based assessment may support a passing grade even if past performance did not demonstrate mastery. The intent is to be in accordance with mastery-based grading best practice and to use the 'latest and greatest' work to assess progress.

• Repeat Course Credit: If a student wishes to improve his/her GPA (from a D to a B, in Geometry for example), the student may repeat the course only once with prior approval from the counselor. If a student does not receive a “C” or better in a selected sequential course, i.e., Spanish 1 to Spanish 2, (See Section 7.0) the student may only repeat the course ONCE for graduation requirement credit. If a student does not receive a “C” or better the second time, the student may repeat the course to ensure sequence, but with elective credit only. The Superintendent’s designee must approve any exceptions. Students who fail a quarter or semester of a course need repeat only the quarter/ semester, which they failed.

• Special Education Students: A student’s IEP includes a statement of how the student’s progress toward the annual goals will be measured and how the student’s parents will be regularly informed of the student’s progress toward those goals (by such means as periodic report cards) as often as parents are informed of their non-disabled student’s progress.

Students’ Responsibilities:

1. Deliver progress reports, if any and the report cards upon issuance to the parent/guardian.

Parent/Guardians’ Responsibilities:

1. Review the progress report and contact the teacher or school if discussion is warranted.
2. Be aware that report card marks will be issued usually in early November, early February, mid April, and late June. Find out how report cards and progress reports will be issued.
3. Check PowerSchool website for your child’s most recent report cards. Contact your child’s school to receive login access.
4. Contact the school if you have not received any report card by the expected date.
5. Make any appeal about a quarter or semester mark by the end of the subsequent quarter.

Teachers’ Responsibilities:

1. Complete progress reports with comment(s) about those students who are achieving at the D or F level no later than twenty (20) days before the end of the quarter and issued to parents no later than fifteen (15) days before the end of the quarter. All coaches/sponsors of extra-curricular activities will circulate rosters to classroom teachers at progress report time for posting of D or F marks.
2. After the issuance of the progress report, should a student’s mark change from a passing mark to an F, the teachers must issue another progress report signed by the principal or designee no later than ten (10) days before the end of the marking period.
3. Issue a report card mark after considering all relevant data.
4. Keep all marked papers and/or projects not returned to the student for a period of time no less than one quarter beyond the end of a marking period in the event that a mark is challenged.

Counselors’ Responsibilities:

• Maintain a file of the progress reports issued to his/her students.
• Conduct periodic achievement reviews with students and participate in the local review process.

Administrators’ Responsibilities:

1. Supervise implementation of this policy.
2. Hold local Review Board/SST meetings on a quarterly basis to review the programs of students with two or more “F” marks and recommend adjustments in student programs to improve academic progress.
3. Respond during the school year to any parental appeal about a mark as soon as possible but no later than within ten (10) school days.
4. Should a student’s mark be lowered to an “F” because of missing or incomplete work during the last twenty (20) days of the marking period, and if the student has not received a progress report, sign the progress report if issued ten (10) days before the end of the quarter. Should the teacher issue a progress report after ten (10) days before the end of the quarter, do not sign the progress report unless there are valid, extenuating circumstances

Senior “F” Notice

Purpose: The purpose of “F” notices for seniors are to ensure that seniors at risk of not graduating receive an additional progress report within ten days of the time that the senior graduation list is finalized. It is critical that both the parent and the student are aware of the possible failure.

• Letter 4: Seniors Quarter 3 This letter should be sent home during the regular local review process before senior “F” notices if/when applicable.
• Senior’s who were failing at the end of quarter 3 should receive a Local Review letter specifying that they may not graduate if the grade/s do not improve.
• Seniors who have “F”s” in the second half of the fourth quarter and/or will receive an “F” for their semester grade must receive a senior “F” notice during 10 days before the graduation programs are finalized
• Teachers will complete senior “F” notices and give them to students’ counselors
• Counselor’s will distribute “F” notices to students and ask students to sign in receipt of the notice
• A designee will also call home to notify the parent of the “F” notice and document the phone call in the SIS
• If student signature of receipt cannot be obtained within three days, notice via certified mail is sent to home address & documented in SIS

2.10        GRADUATION REQUIREMENTS

High School Graduation Requirements: Courses and credits required by the District in order to graduate from high school and to satisfy the UC/ CSU admission requirements as follows:

Career Technical Education (CTE): CTE may be offered by the District as career and workforce preparation for high school students, preparation for advanced training, and the upgrading of existing skills. CTE provides high school students who are 16 years of age or older with valuable career and technical education so students can: (1) enter the workforce with skills and competencies to be successful; (2) pursue advanced training in postsecondary educational institutions; or (3) upgrade existing skills and knowledge. A CTE course may also satisfy a graduation requirement and a subject matter requirement for admission to the UC and CSU.

To learn more about the District’s career technical education classes, please visit the District’s website at: College and Career Pathways

Students are encouraged to meet with school counselors to help them choose courses at their school that will meet college admission requirements or to enroll in career technical education courses, or both.

Diploma Requirements: Effective July 1, 2007 the prescribed course of study for students in grades 9 through 12 shall include [BP. 6146.1]: Students transferring within the district must complete the last semester in the school in order to obtain a diploma from that school.

High School Honor Graduation Requirements:

High School Honor Graduation Status may be conferred to students who have earned a cumulative GPA of 3.5 or more with no grade lower than a “C” as listed in the weighted ranked GPA printout at the end of the first semester.

The weighted GPA is to be used as the official GPA for determining class ranking, honors, etc.

The GPA includes credit earned in all courses taken in grades 10 through 12, including repeats.

Note:

1. Grades from ninth grade are not to be included for the purpose of honor graduates.
2. “No grade lower than a “C” is a change. “C” includes C, C– and C+.

2.11        HOMEWORK POLICY

Homework extends learning in the classroom. Team teachers will coordinate the amount of work assigned. In addition, all students are expected to engage in a reading activity apart from homework assignments.

Students’ Responsibilities:

• Be aware of the homework assignment and the due date.
• Complete the assignment neatly and by the date due.
• Seek assistance from the teacher when having difficulty completing the assignment.

Parent/Guardians’ Responsibilities:

• Establish a time and a quiet place to study.
• Be aware of student’s homework and progress.
• Insist that homework assignments be completed neatly, on time, and returned the following school day.
• Assist the student if he/she needs help. Check to see if the student has a library or classroom library book to read when homework is completed.
• Urge that the child seek assistance from the teacher when needed.
• Contact the school for a conference when homework problems persist.
• Contact the teacher to request assignments in the event of a prolonged illness and insist that these assignments be completed.
• Encourage reading for enjoyment on a daily basis. Daily family reading time is a predictor of academic success.

Teachers’ Responsibilities:

• Select homework assignments that are appropriate, challenging and meaningful to the student.
• Explain the assignment and the due date.
• Assign work that the student can complete independently, or with caregiver support.
• Acknowledge the homework by collecting it, reviewing it in class, and/or keeping a record of work completed.
• Supervise homework correction if done by students in class.
• Return homework in a reasonable amount of time giving appropriate feedback and/or marks.
• Communicate homework procedures to Parent/Guardians’ early in the year.

Administrators’ Responsibilities:

• Supervise implementation of this policy.
• Provide information about the school’s Homework Policy to parents and teachers if it elaborates on the district’s homework policy.

2.12        LANGUAGE ACQUISITION PROGRAM

(Modified from CA Ed.G.E. Initiative Parental Notice at https://www.cde.ca.gov/sp/el/er/caedge.asp)

WCCUSD provides all parents or legal guardians with information on the types of language and language acquisition programs. WCCUSD provides this notification in the form of an annual parent handbook. For students who are enrolling after the beginning of the school year, the CA Ed.G.E. Initiative parental notice is to be provided upon enrollment.

WCCUSD Parental Notice

Available Language Programs & Language Acquisition Programs

West Contra Costa Unified School District (WCCUSD)  offers the following language and language acquisition programs for student enrollment. Parents/Guardians may choose a language acquisition program that best suits their child (EC Section 310[a]).

A description of the language acquisition programs provided in the West Contra Costa Unified School District are listed below. Please select the program that best suits your child. (20 U.S.C. Section 6312[e][3][A][iii],[v])

⬜        Structured English Immersion (SEI) Program: A language acquisition program for English learners in which nearly all classroom instruction is provided in English, but with curriculum and a presentation designed for pupils who are learning English. At minimum, students are offered ELD and access to grade level academic subject matter content.

⬜        Dual-Language Immersion (DLI) Program: Also referred to as Two-Way Immersion, is a language acquisition program that provides language learning and academic instruction for native speakers of English and native speakers of another language, with the goal of high academic achievement, first and second language proficiency, and cross-cultural understanding. This program begins in transitional kindergarten/kindergarten (TK/K) and continues through sixth grade. One-Way Immersion programs are generally offered where the native speaker of English or the native speaker of another language is not large enough to offer Two-Way Immersion.

In WCCUSD, we have DLI programs at the following Elementary schools:

Dover, Grant, West County Mandarin, Downer, Chavez, Lincoln, Washington, Coronado, Lake, Ford, Stewart and Korematsu MS.

All Elementary English Learners have priority enrollment at these schools.

At The Secondary Level, we have the Newcomers Model at Helms MS, Kennedy HS, and Richmond HS. Newcomer ELs have priority enrollment in these programs.

How to Enroll Your Child in a Language Acquisition Program:

Submit a verbal or written request to the office at your local school or by central office online enrollment process. *Waivers” are no longer required.

About Language Acquisition Programs and Language Programs

How to Request the Establishment of a New Program at a School:

Schools in which the parents or legal guardians of 30 pupils or more per school or the parents or legal guardians of 20 pupils or more in any grade request a language acquisition program that is designed to provide language instruction shall be required to offer such a program to the extent possible. (EC Section 310[a].)

Receiving and Tracking Parent Requests

Each school is required to maintain written records of parent requests (including verbal requests) which include:

• Date of request

• Parent and child names

• Description of request

• Grade level

5 CCR section 11311 requires that schools:

• Assist parents in clarifying their request

• Maintain records of each request for three years

• Accept requests from students enrolled for the current year as well as the following school year

• Monitor the number of parent requests for language acquisition or language programs on a regular basis throughout the  year

• Consider multilingual programs: When determining if a threshold is reached, schools must consider requests for a multilingual program model from parents of English-native students.

-Provide information: Schools must provide information on available language programs to parents or guardians, either when they enroll or as part of the annual parent notice.

-Explain program denials: If a school is unable to implement a requested program, they must provide a written explanation of the reasons and may offer an alternative option.

Parent and Community Engagement

(Procedure Pending board Approval)

Parents may provide input regarding language and language acquisition programs in the LEA or to be considered in the LEA during the development of the Local Control and Accountability Plan (EC Section 52062.) If interested in a different program from those listed above, please contact the Director English Learner Achievement; Esaul Orozco at eorozco2@wccusd.net. Or the Director of Community Engagement; Martin Blake at martin.blake@wccusd.net.

The information required in 5 CCR section 11309(c) (CDE CA Ed.G.E. Initiative web page at https://www.cde.ca.gov/sp/el/er/caedge.asp)

Reaching a Threshold

When the parents of 30 pupils or more enrolled in a school, or when the parents of 20 pupils or more in the same grade enrolled in a school, request the same or substantially similar type of a language acquisition or language program, the school responds by notifying the LEA immediately and taking the following three actions:

1. Communication

Within 10 school days of reaching a threshold described above, the LEA notifies the parents of pupils attending the school, the school’s teachers, administrators, and the LEA’s English learner parent advisory committee and parent advisory committee, in writing, of the parents’ requests for a language acquisition program.

2. Cost and Resource Analysis

The LEA then identifies costs and resources necessary to implement any new language acquisition or language program, including but not limited to:

1. Certificated teachers with the appropriate authorizations  
2. Necessary instructional materials
3. Pertinent professional development for the proposed program
4. Opportunities for parent and community engagement to support the proposed program goals

3. Determination

Having completed the costs and resource analysis, the LEA determines, within 60 calendar days of reaching a threshold described above, whether it is possible to implement the requested language acquisition or language program. At that time, the LEA provides notice, in writing, to parents of pupils attending the school, the school’s teachers, and administrators of its determination.

• Determination to implement a program at the school: In the case that the LEA determines it can implement the requested program, the LEA creates and publishes a reasonable timeline of actions necessary to implement the program. As a part of the implementation, the LEA confers with school personnel, including administrators, and teachers with the authorizations required to provide or oversee programs and services for English learners, regarding the design and content of language acquisition programs.

• Determination not to implement a program at the school: In the case that the LEA determines it is not possible to implement the program requested by parents, the LEA provides a written explanation of the reason(s) why the program cannot be provided. Further, the LEA may offer an alternate option that can be implemented at the school.

Each school follows the process described above, even if the LEA, at the time the threshold is met, provides the requested language acquisition or language program at another school.

Citations: EC sections 305 and 310; 5 CCR section 11311 and 11312.

2.13        MILITARY PARENT OPT-OUT FORM

Our high schools may be requested to provide the names, addresses, and telephone numbers of high school students to military recruiters. You do not have to participate in this program. If you do not wish to have your child’s name, address, and phone number disclosed to the groups that may request it, you must complete the Military Parent Opt-Out Form for Release of Student Name, Address, and Phone Number. Forms are available in the back of this booklet or at your high school’s main office and on the district’s website.

2.14        NOTICE OF ALTERNATIVE SCHOOLS

California State Law authorizes all school districts to provide for alternative schools. Section 58500 of the Education Code defines an alternative school as a school or separate class group within a school that is operated in a manner designed to:

1. Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity and responsibility, and joy.
2. Recognize that the best learning takes place when the student learns because of his or her desire to learn.
3. Maintain a learning situation maximizing student self-motivation and encouraging the student in his or her own time to follow his or her own interests. These interests may be conceived by him or her totally and independently or may result in whole or in part from a presentation by his or her teachers of choice or learning projects.
4. Maximize the opportunity for teachers, parents and students cooperatively to develop the learning process and its subject matter. This opportunity shall be a continuous permanent process.
5. Maximize the opportunity for the students, teachers, and parents continuously to react to the changing world, including but not limited to the community in which the school is located.

In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this district, and the principal’s office in each attendance unit have copies of the law available for parent information.

2.15        PE INSTRUCTIONAL MINUTES

The adopted course of study for grades 1 through 8 in an elementary school must include physical education for not less than 200 minutes each ten school days, exclusive of recesses and the lunch period.  (Ed. Code, §§ 51210, 51223)  

A complaint of noncompliance may be filed under the District’s Uniform Complaint Procedures and Title 5 of the California Code of Regulations.

2.16        PREGNANT AND PARENTING PUPILS

All schools are required to provide parents and guardians with annual written notice of pregnant and parenting pupils.  (Ed. Code, § 222.5)  Pregnant and parenting pupils are entitled to accommodations that provide them with the opportunity to succeed academically while protecting their health and the health of their children.  “Pregnant or parenting pupil” means a pupil who gives or expects to give birth or a parenting pupil who has not given birth and who identifies as the parent of the infant.

A pregnant or parenting pupil is entitled to, but not required to take, eight weeks of parental leave.  This leave may be taken before the birth of the pupil’s infant if there is a medical necessity and/or after childbirth during the school year in which the birth takes place, inclusive of any mandatory summer instruction.  A pregnant or parenting pupil is entitled to additional leave if deemed medically necessary by the student’s physician.  (Ed. Code, §§ 46015)

The person holding the student’s educational rights (i.e. the pupil if over 18 or the parent if under 18) may notify the school of the student’s intent to exercise this right.  Leave may still be taken even if notice was not provided.

During the leave, the student’s absences shall be deemed excused, and the student shall not be required to complete academic work or other school requirements.

A pregnant or parenting pupil may return to the school and the course of study in which he or she was enrolled before taking parental leave.  Upon return to school after taking parental leave, a pregnant or parenting pupil is entitled to opportunities to make up work missed during his or her leave, including, but not limited to, makeup work plans and re-enrollment in courses.

A pregnant or parenting pupil may remain enrolled for a fifth year of instruction in the school in which the pupil was previously enrolled when it is necessary in order for the pupil to be able to complete state and any local graduation requirements, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.

A student who chooses not to return to the school in which he or she was enrolled before taking the leave is entitled to alternative education options offered by the local educational agency to include educational programs, activities, and courses equal to those he or she would have been in if participating in the regular education program.

WCCUSD offers an Adolescent Parent Program (APP), which is a voluntary school-based program located on the Greenwood Continuation School campus for any pregnant teen in the West Contra Costa Unified School District. Its purpose is to keep pregnant teens on the graduation track during their pregnancy and to teach them the skills necessary to be a successful parent. School counselors will review any request to take part in APP.

A student will not incur any academic penalties as a result of using the accommodations in this section. (Ed. Code, § 46015)A complaint of noncompliance may be filed under the District’s Uniform Complaint Procedures and Title 5 of the California Code of Regulations.

2.17        PROMOTION AND RETENTION POLICY

The existing Promotion and Retention Policy, BP 5123, was adopted August 20, 2008. Copies are available at your student’s school or at the District Office, 1108 Bissell Avenue, Richmond, CA 94801.

Students need to proceed through school at a pace that allows them to acquire the basic grade level skills necessary for mastery of standards in all four (4) CORE areas, Language Arts, Math, Science, and Social Science.

Student Success Team or Subcommittee of the SST: This is the school site committee that reviews concerns about individual students. The SST serves as a regular education problem-solving process and is a forum to support classroom teachers in their efforts to provide quality classroom experience for all of their students. Parents shall be involved in this committee when their child’s progress is discussed.

Promotion Policy

It is the policy of the WCCUSD that factors determining promotion decisions shall include report card marks, other district measures of academic achievement and other factors. *Age: Regarding chronological age, students may be considered for grade placement in:

Retention Policy/Acceleration Policy

West Contra Costa Unified School District’s retention and acceleration policy focuses on placement of students in instructional settings where they will be most successful. The decision to retain or accelerate shall be based on many factors including core academic performance, maturity, and the success of Tier 1 and 2 instruction in and out of the classroom. For any student being considered for retention or acceleration, an SST meeting must be held formally and a Response to Intervention (RTI) Plan recommending academic interventions must be developed by November or at the earliest possible time during the school year.

For Middle School Students, a Local Review Board (LRB) meeting must be held to develop an intervention program at the end of the first semester for academically unsuccessful middle school students.

English learner (EL) students, considered for retention, are not to be considered based solely on their English language skills: understanding, speaking, reading and writing.

In TK -3rd grade, retention consideration will be made based on teacher recommendation, report card marks, and performance on local assessments.

Special Education: Placement recommendation for Special Education students should be made in an I.E.P. meeting based on student progress.

To determine the retention status of academically unsuccessful students, the SST or LRB will meet to review student data and make one of three decisions:

• The student should be promoted with intervention requirements that are mandated.  
• The student should attend Extended Learning during summer.
• The student should be retained. There is no provision for retaining a student more than one time.

Retention recommendation for the Special Education students should be made in an I.E.P. meeting based on student progress.

Parents’ Responsibilities:

1. Attend parent/teacher conferences.
2. Assist the child to improve in the areas needing remediation and provide other special assistance.
3. Attend the SST meetings. (This is a requirement)
4. Parents may appeal the decision to retain their child. Appeals are to be sent to the State and Federal Program office.

High School Credits

A student will earn five (5) credits for every passing semester mark, A to D. A student who earns the minimum number of credits will be promoted or, if a senior, graduate in June of that year.

Number of credits needed for each grade:

Grade 10 - 55 credits

Grade 11 - 110 credits

Grade 12 - 165 credits

Graduation (includes passing required subjects): 225 credits

2.18        REVIEW OF CURRICULUM

A prospectus of curriculum, including titles, descriptions, and instructional aims of every course offered by each public school, is available at the school site for parent review upon request. Copies are available upon request for a reasonable fee not to exceed the actual copying cost. (Ed. Code, §§ 49063, 49091.14)

2.19        SCHOOL ACCOUNTABILITY REPORT CARD

The School Accountability Report Card (SARC) provides parents and the community with important information about each public school. The SARC can be an effective way for a school to report on its progress in achieving goals. The public may also use a SARC to evaluate and compare schools on a variety of indicators. Since November 1988, state law has required all public schools receiving state funding to prepare and distribute a SARC. A similar requirement is also contained in the federal Elementary and Secondary Education Act (ESEA).

[Ed. Code § 35256] School Accountability Report Cards are also available on our district webpage (https://www.wccusd.net/Page/11801) and on the California Department of Education’s webpage (http://sarconline.org/). Home language versions of SARCs have been produced for schools with 15% or more English Learners with that home language.  A hard copy of the SARC is available upon request.

2.20        SECTION 504

Section 504 of the Rehabilitation Act of 1973 (Section 504) is a federal law that prohibits discrimination against individuals with disabilities in programs and activities that receive financial assistance from the U.S. Department of Education. Discrimination/harassment in any form toward individuals on the basis of their actual or perceived disability is unacceptable and will not be tolerated. The District will promptly investigate all complaints of disability-based discrimination/harassment and take reasonable actions to stop future incidents of discrimination/ harassment.

Section 504 also requires that eligible students with disabilities be provided a free and appropriate public education. For students who are not eligible for special education services, but meet the federal definition of a person with a disability under Section 504, a Section 504 Plan is developed which indicates the accommodations, supplementary aids and/or services which can be provided through the general education program. Parents or guardians will be notified in writing of any District decisions which concern the identification, evaluation, and/or educational placement of students and their right to participate in, and/or appeal these decisions under Section 504.

SECTION 504 CHILD FIND (34 CFR § 104.32(a); 34 CFR § 300.111; and EC§§56300, 56301): The District has a duty under both Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) to identify, locate and assess children with disabilities who are in need of regular or special education and related aids and services. If you believe that your child may be a child with a disability, you may initiate a referral for assessment by contacting the school site principal.

For further information and/or assistance regarding Section 504, including how to obtain a copy of your parental rights and procedural safeguards under Section 504 and/or how to file a complaint, please contact:

2.21        SERVICES FOR STUDENTS WITH EXCEPTIONAL NEEDS OR A DISABILITY

State and federal law require that a free and appropriate public education (FAPE) in the least restrictive environment be offered to qualified pupils with disabilities ages 3 through 22 years.  Please contact the local director of special education for specific information.  (Ed. Code, § 56040 et seq.)  In addition, services are available for students who have a disability which interferes with their equal access to educational opportunities.  (Section 504 of the Rehabilitation Act of 1973, 34 C.F.R. § 104.32)  The District officials listed below is responsible for handling requests for special education services and services under Section 504 and may be reached at the following address and telephone:

Special Education

Guthrie Fleischman, SELPA Director

3000 Parker Rd.

Richmond, CA 95806

510- 307-4630

Section 504

510-307-4633

*Please feel free to reach out to our Executive Directors in regards to Section 504.

Area 1: DiShawn Givens (dishawn.givens@wccusd.net). Area 2: Jawan Eldridge (jeldridge@wccusd.net). Area 3: Jose De Leon (jdeleon@wccusd.net). 1108 Bissell Ave., Richmond, CA 94801, (510) 231-1483.

2.22        SPECIAL EDUCATION

SPECIAL EDUCATION (EC §56000 et seq.; 20 USC §1400 et seq.): State and federal law requires that a free appropriate public education (FAPE) be offered to eligible students with disabilities ages 3 through 21 years. For information concerning student eligibility, assessment, the provision of special education and related services, parental rights and procedural safeguards, or other related matters, please contact the District's Special Education Department at (510) 307- 4630. Information is also available online at WCCUSD.net.

SPECIAL EDUCATION CHILD FIND (34 CFR § 104.32(a); 34 CFR § 300.111; and EC§§56300, 56301): The District has a duty under both Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act

(IDEA) to identify, locate and assess children with disabilities who are in need of regular or special education and related aids and services. If you believe that your child may be a child with a disability, you may initiate a referral for assessment by contacting the school site principal or the Special Education Department at (510) 307-4630.

SPECIAL EDUCATION COMPLAINTS: Federal and state laws contain several methods for resolving issues with the District. While the law contains more formal methods of dispute resolution, the District also has less formal means of addressing your concerns, which we encourage you to use. When you have a concern about your child’s education, it is important that you call or contact your child’s teacher or school-site administrators to talk about your child and any problems you see. When you have a concern, this informal conversation often solves the problem and helps maintain open communication. Staff in the District's Special Education Department can also answer questions about your child’s education as well as your rights and procedural safeguards. Copies of your rights and procedural safeguards can be found on the Special Education District Website page - https://www.wccusd.net/Page/11206 

Additional resources, including how to file a formal complaint, are listed at the end of Notice of Procedural Safeguards and Parents’ Rights posted on the District's website at https://www.wccusd.net/Page/11206  and available from your school site principal.

For further information and/or assistance regarding Special Education, including how to obtain a copy of your parental rights and procedural safeguards under Individuals with Disabilities Education Act (IDEA) and/or how to file a complaint, please contact Guthrie Fleishman, SELPA Director, at (510) 307-4630.

2.23        TESTING AND ASSESSMENT

STATE MANDATED AND OTHER ASSESSMENTS

California Assessment of Student Performance and Progress (CAASPP) - The primary purpose of the CAASPP assessment system is to assist teachers, administrators, students  and their parents / guardians by promoting high- quality teaching and learning through the use of a variety of assessment approaches and item types. The state-mandated assessments that comprise the 2024-25 CAASPP administration are all online assessments:

Smarter Balanced (SBAC) English Language Arts/Literacy (ELA) and Mathematics - In California, students in grades 3 through 8 and 11 will take the Smarter Balanced assessments in ELA and Mathematics. These online tests will be administered in the Spring of 2025.  For 11th grade students, the scores will also be used for the California State University Early Assessment Program (CSU EAP).

California Alternative Assessment (CAA) – The CAA is designed for students in grades 3 through 8 and 11 who have significant cognitive disabilities and an Individualized Education Program (IEP) specifying the use of the California Alternate Assessment. These assessments, which cover English Language Arts and Mathematics, are administered individually and will be conducted online in the Spring of 2025.

California Science Test (CAST) - As part of the California Assessment of Student Performance and Progress (CAASPP) System, the CAST assesses science knowledge in grades 5, 8, and once in high school, in compliance with federal requirements. Since the adoption of the Next Generation Science Standards (CA NGSS) in 2013, the California Department of Education has developed the CAST to align with these standards. In the Spring of 2025, WCCUSD students in grades 5, 8, and 11 will take the CAST. Additionally, 12th grade students who did not complete the test in the Spring of 2024 will also have the opportunity to do so. Once a high school student has taken the CAST, they have fulfilled the science assessment requirement.

California Alternative Assessment for Science - The California Alternate Assessment (CAA) for Science is an integral part of the California Assessment of Student Performance and Progress (CAASPP) System. Its goal is to assess what students know and can do, helping to identify and address gaps in knowledge or skills early on, so that students can receive the necessary support. Only students who are eligible for alternate testing participate in the CAA for Science, taking an alternate version of all assessments.  The CAA for Science is administered to students in grades 5, 8, and once in high school (grades 11 or 12).  Individualized Education Program (IEP) teams determine when students with the most significant cognitive disabilities should participate in this alternate assessment, which is aligned with alternate academic achievement standards known as the Science Core Content Connectors and linked to the California Next Generation Science Standards (CA NGSS).  In the Spring of 2025, WCCUSD students in grades 5, 8, and 11 will take the CAA for Science. Additionally, 12th grade students who did not take the test in the Spring of 2024 will also have the opportunity to do so. Once a high school student has taken the CAA for Science, they have fulfilled the science assessment requirement.

California Spanish Assessment (CSA) - The California Standards Assessments (CSA) is a new online test designed to replace the Standards-based Tests in Spanish. This optional assessment evaluates students’ abilities in reading, writing mechanics, and listening, using the Common Core State Standards en Español. It is administered to students receiving instruction in Spanish within California. The CSA aims to measure proficiency in Spanish reading and language arts, providing detailed data on students' Spanish language skills.  The CSA will be given to students in grades 3-8 enrolled in Dual Language Immersion (DLI) programs in the Spring of 2025. High school students enrolled in Spanish courses may also take the CSA.

Pursuant to California Code of Regulations, Title 5, Section 852(b), parents or guardians can submit a written request annually to excuse their child from any or all parts of the CAASPP tests. If an exemption request is submitted after testing has commenced, any tests completed prior to the request will be scored, and the results will be reported to the parent or guardian and included in the student’s record.

English Language Proficiency Assessments for California (ELPAC) - The English Language Proficiency Assessments for California (ELPAC) is the state-mandated test for assessing English language proficiency (ELP) in students whose primary language is not English. Both state and federal laws require local educational agencies to administer this test to eligible students in grades kindergarten through twelve.  In 2018, the California Department of Education (CDE) replaced the California English Language Development Test (CELDT) with the ELPAC. The ELPAC is aligned with the 2012 California English Language Development Standards and consists of two distinct assessments: one for initially identifying students as English learners (ELs) and another for the annual summative assessment to evaluate their progress in learning English and determine their level of ELP.  The initial assessment is administered from July 1 to June 30, while the summative assessment takes place between February and May each year.

Alternate English Language Proficiency Assessments for California (Alternate ELPAC) - The alternate ELPAC is aligned to the 2012 California English Language Development Standards (2012 ELD Standards) through the English Language Development Connectors. For each of the 2012 ELD standards at each grade or grade span assessed on the ELPAC, the ELD Connectors provide an aligned expectation of student ELP that has been reduced in depth, breadth, and complexity in order to be appropriate for students with the most significant cognitive disabilities. The purpose of the Alternate ELPAC is twofold: The Initial Alternate ELPAC provides information to determine a student’s initial classification as an English learner (EL) or as initial fluent English proficient (FEP). The Summative Alternate ELPAC provides information on annual student progress toward ELP and supports decisions on student reclassification as fluent English proficient (RFEP).

National Assessment of Educational Progress (NAEP) - Often referred to as the "Nation's Report Card," the National Assessment of Educational Progress (NAEP) is the sole national assessment that provides a representative measure of what American students know and can do across various subject areas. Since its inception in 1969, NAEP has periodically assessed students in subjects including reading, mathematics, science, writing, U.S. history, civics, geography, and the arts. Each year, schools are randomly selected to participate in these assessments.

Physical Fitness Test (PFT) - State law mandates that school districts administer the Physical Fitness Test (PFT) annually to students in grades 5, 7, and 9. The designated PFT is the FITNESSGRAM®, developed by the Cooper Institute. This assessment is designed to evaluate health-related fitness and to encourage students to establish lifelong habits of regular physical activity.  The FITNESSGRAM® test battery measures student performance in the following areas:  a) aerobic capacity, b) abdominal strength and endurance, c) trunk extensor strength and flexibility, d) upper body strength and endurance, and e) flexibility.  Teachers and administrators are responsible for preparing students to perform their best on the test by offering instruction and practice in the relevant skills. It is recommended that schools incorporate appropriate practice into their regular physical education (P.E.) programs throughout the year. Testing occurs between February and May. Parents are encouraged to ensure their children engage in regular physical activity and maintain a balanced diet.

Advanced Placement (AP) Exams are the culmination of the corresponding, year- long AP course—though you do not need to have taken the course in order to take the exam. AP Exams are administered at each WCCUSD comprehensive high school during the first two weeks of May. AP Exams cost approximately $97 each and students sign up for the exams with their AP Teacher and/or Counselor. The AP Exams are generally administered in grades 9-12. For more information, please visit the College Board website at: http://sat.collegeboard.org/home

Fee waivers are available to eligible students for the AP Exams. Students should contact their high school counselor for more information about fee waivers. Generally students participating in the free and reduced lunch program qualify for a fee waiver or reduction.

International Baccalaureate (IB) Exams are the culminating experience of the corresponding IB course and may be taken in junior or senior year, depending on the course.  IB Exams are administered at each WCCUSD comprehensive high school authorized as an IB World School during the first three weeks of May. IB Exams cost approximately $119 each; students must be enrolled in an IB class to sit for the corresponding exam and may sign up for the exams with their IB Teacher and/or IB Coordinator.  Families are advised to check with their desired college or university to understand how exam scores transfer as university credits. Fee waivers are available to eligible students for the IB Exams. For more information, please visit the International Baccalaureate  website at: https://ibo.org/programmes/diploma-programme/assessment-and-exams/

2.24        TITLE I SCHOOLS

On December 10, 2015, President Obama signed into law the Every Student Succeeds Act (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965 (ESEA). This Act provides parents of all children in all Title I schools with the right to request and receive the professional qualifications of their child’s classroom teacher.

The Title I schools include:

Title I Elementary Schools: Bayview, Chavez, Collins, Coronado, Dover, Downer, Fairmont, Ford, Grant, Highland, King, Lake, Lincoln, Mira Vista, Montalvin, Murphy, Nystrom, Obama, Peres, Riverside, Shannon, Sheldon, Stege, Tara Hills, Valley View, Verde and Washington 

Title I Middle Schools: Soskin, DeJean, Helms, Pinole Middle

High Schools: DeAnza, Greenwood, Kennedy, Middle College, Richmond, Vista

2.25        TRANSITIONAL KINDERGARTEN

Transitional kindergarten (TK) bridges the preschool and kindergarten years. It is considered the first year of a two-year kindergarten program, implemented in California for children who are not old enough yet for kindergarten but want to build their social, developmental, and early academic skills.

TK classrooms are taught by a multiple-subject credentialed teacher who has additional early childhood training and are supported by classroom aides, keeping the student to adult ratio low.  The TK curriculum is based on the California Preschool/Transitional Kindergarten Learning Foundations (PTKLF).  More information can be found on the California Department of Education’s website at https://www.cde.ca.gov/sp/cd/re/psfoundations.asp.

TK is offered at many elementary schools within WCCUSD. The program is open to all WCCUSD students.

Is Transitional Kindergarten mandatory?

No, even if a child is TK eligible, parents have a choice of whether they want to enroll their child in TK or preschool.

Who is eligible for Transitional Kindergarten (TK)?

• For the 2024–2025 school year in California, children who turn five years old between September 2, 2024 and June 2, 2025 are eligible for Transitional Kindergarten (TK). This is an expansion from previous years, when eligibility was based on earlier birth months. The goal is to fully phase in TK for all four-year-olds by the 2025–2026 school year.

3.0        STUDENT SAFETY / DISCIPLINE

3.1        DISCIPLINARY POLICY

The District’s student discipline processes are in strict compliance with Education Code Sections 48900 through 48918.6. You may refer to the WCCUSD Positive School Climate Resolution and Discipline Matrix for guidance with progressive discipline available on our district website at www.wccusd.net.

Students who display inappropriate behavior may be subject to suspension as outlined in the California State Education Code 48900 and 48915. A student may be suspended or expelled for acts which are related to school activity or attendance while on the school grounds, while going to or coming from school, during the lunch period whether on or off campus, and during or while going to or coming from a school sponsored activity.

• The WCCUSD may implement disciplinary action, including suspension or expulsion, for the following conduct:Caused, attempted to cause, or threatened to cause physical injury to another person. [Ed. Code § 48900(a)(1)]
• Willfully used force or violence upon the person of another, except in self-defense. [Ed. 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 obtained written permission to possess the item from a certificated school employee, which is concurred by the principal or the principal’s designee. [Ed. Code § 48900(b)]
• Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, any controlled substance, an alcoholic beverage, or an intoxicant of any kind. [Ed. Code § 48900(c)]
•  Unlawfully offered, arranged, or negotiated to sell any controlled substance, an alcoholic beverage, or an intoxicant of any kind, and then either sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. [Ed. Code § 48900 (d)]
• Committed or attempted to commit robbery or extortion. [Ed. Code § 48900(e)]
• Caused or attempted to cause damage to school property or private property. [Ed. Code § 48900(f)]
• Stole or attempted to steal school property or private property. [Ed. Code§ 48900(g)]
• Possessed or used tobacco, or any products containing tobacco or nicotine products, including but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel However, this section does not prohibit use by a student his or her own prescription products 48900(h).
• Committed an obscene act or engaged in habitual profanity or vulgarity. [Ed. Code § 48900(i)]
• Unlawfully possessed, or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia. [Ed. Code § 48900 (j)]
• Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teacher, administrators, school officials, or other school personnel engaged in the performance of their duties. [Ed. Code § 48900(k)] (Please see WCCUSD Positive School Climate Policy for further guidance related to suspensions of any student for defiance).

Note: Except for teacher-initiated suspensions [Ed. Code § 48910], students in grades K-3 shall not be suspended for disruption of school activities and/ or willful defiance, and no student in grades K-12 shall be recommended for expulsion solely due to disruption of school activities and/or willful defiance. [Ed. Code § 48900(k)(2)]

• Knowingly received stolen school property or private property. [Ed. Code § 48900(l)
• Possessed an imitation firearm, which is as substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that it is a firearm. [Ed. Code § 48900(m)]
• Committed or attempted to commit a sexual assault as defined in Penal Code sections 261, 266c, 286, 288, 288a, or 289, or committed a sexual battery as defined in Penal Code Section 243.4. [Ed. Code § 48900(n)]
• Harassed, threatened, or intimidated a student who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. [Ed. Code § 48900(o)]
• Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug SOMA. [Ed. Code § 48900(p)]
• Engaged in, or attempted to engage in, hazing as defined in Education Code section 32050. [Ed. Code § 48900(q)]

Note: Hazing includes any method of initiation or pre-initiation into a Student organization or Student body or any pastime or amusement engaged in with respect to these organizations which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any Student, or other person attending any school. [Ed. Code § 48900(q)]

• Aids or abets, as defined in Penal Code section 31, the infliction or attempted infliction of physical injury to         another person. For this offense, a Student may be suspended, but not expelled, except that a Student who has         been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to Education Code section 48900(a). [Ed Code § 48900(s)]
• Committed sexual harassment as defined in Education Code section 212.5 (grades 4-12 only). [Ed Code § 48900.2]
• Caused, attempted to cause, threatened to cause, or participated in an act of hate violence, as defined in Education Code section 33032.5 (grades 4-12 only). [Ed. Code § 48900.3]
• Intentional harassment, threat or intimidation of a student, or group of students, in a way that materially         disrupts class work, creates substantial disorder, and invades the rights of that student or group of students by creating an intimidating or hostile educational environment. [Ed. Code § 48900.4]
• Making a terrorist threat against school officials or school property, or both. Terrorist threats include any         statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of $1000, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out. The threat must be so unequivocal, unconditional, immediate and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school district property, or the personal property of the person threatened or his or her immediate family. [Ed. Code § 48900.7]

Students and their parents/guardians should refer to Board Policies 5144 and 5144.1 and Administrative Regulations 5144, 5144.1 and 5144.2 for a comprehensive review of the District’s practices and procedures regarding student discipline.

3.2        EXPULSION PROCESS

If a student is found to have violated Education Code 48900, 48900.2, 48900.3, 48900.4, 48900.7, or 48915, the site Principal or designee may suspend the student. Depending on the offense, a recommendation for expulsion may follow. Within five days of the suspension, a meeting with the student and their family must be held to determine whether the suspension will be extended. At this meeting, the site Principal may decide to extend the suspension pending the outcome of an expulsion hearing. Parents will be notified in writing of the expulsion recommendation and the related Education Code violations.​​

The Director of School Climate will meet with the parents and the student to discuss next steps, which may include a discussion about  alternative education options.  An expulsion hearing must be held within 30 days of the recommendation for expulsion. The final decision on expulsion will be made by the West Contra Costa Unified School District Board.

3.3        SCHOOL SAFETY AND CODE OF CONDUCT

Safe schools are priority ONE for the District. The Board of Trustees has identified the steps to make our schools safer:

1. Required Wearing of Lanyards (For Secondary Students Only)

All students and staff at each secondary school are required to wear and display an identification badge attached to a lanyard. (A lanyard is a light, cloth material worn about the neck, allowing the student’s identification card to be seen at a distance.) The cards will show the student’s picture, school name, student’s class, school colors and logo. Students will be given the initial badge and lanyard, but will be responsible for replacements. The card has multiple uses including: checking out text and library books, serving as a student body card, and student identification on campus. Student body ID pictures will be taken at each school’s “walk-through” day in August. The lanyard and ID badge is MANDATORY, must be worn by each student in order to receive their class schedule, and MUST be displayed at all times while on campus.

2. Steps for Volunteers

Parent volunteers (parents/legal guardians) and community members (non-parents) who wish to volunteer at any WCCUSD schools:

1. Visit a school site or district front office to complete a volunteer application and scan any of the following identifications:

1. Valid US Government issued picture Identification
2. Passport
3. Consular Identification Card (CID)

2. Front office staff will provide you with a visitor’s badge based on your level of clearance

3. Visitors and Volunteer Policy

1. Visitors will be required to use the check-in and check-out system at the school each time they enter and leave campus.

3. Code of Conduct

Parents/Guardians and Students: Please read the following Code of Conduct. A signed copy of the Code of Conduct, indicating that you have read the document and understand your rights and responsibilities must be returned to school on your registration day. For secondary students, it will be required in order for a student to receive his or her ID badge and lanyard.

Code of Conduct [Reference BP5131]

It is the mission of West Contra Costa Unified School District, in partnership with staff, parents, students, and the community, to provide a quality educational program for all students. We strive to help students develop the knowledge, skills, abilities, and values they need to flourish and reach their full potential.

4. Consequences

Without a safe and orderly learning environment, it is difficult if not impossible, to offer a positive climate for productivity and success. When determining the consequence, the following circumstances should be taken into consideration:

1. Age and/or grade level of student.
2. Frequency of misconduct.
3. Seriousness of particular misconduct.
4. Previous Interventions.
5. Any other relevant factors including, for example, disabled students who are working under an Individualized Educational Program (IEP).

5. Strategies for Improving Behavior

Discipline is training that enables children to make appropriate choices in a climate of warmth and support. It is proof that we care. When children make good choices, positive consequences occur. It is as important to acknowledge good behavior as it is to punish misbehavior. Positive guidance and support must come from both the school and the home. Some possible strategies for encouraging positive student behavior are:

School Environment:

1. Build relationships
2. Give recognition
3. Awards
4. Restorative Conversations
5. Assign leadership opportunities
6. Conduct a positive student conference.
7. Send positive notes to parents.
8. Refer to the school administrator for recognition.
9. Provide opportunities for meaningful student participation.
10. Provide instruction in problem-solving techniques.
11. Define school and classroom rules clearly and enforce them fairly and consistently.
12. Use behavior contracts.
13. Present citizenship awards.

We have two purposes in establishing a district discipline plan: (1) to promote learning and growth for students as they develop self-discipline; and (2) to provide a caring and respectful environment for all.

To achieve these goals, students must understand their rights and adhere to their responsibilities.

Student Rights:

1. To be safe. We need to guarantee that students have the best environment conducive to learning.
2. To be respected and treated with compassion, courtesy, and dignity regardless of race/ethnic background, gender, age, national origin, religion, physical/mental disability, sexual orientation, family structure, political beliefs, physical appearance, or financial status.
3. To hear and be heard. To express opinions, ideas, and feelings without infringing on the rights of others. Communication is essential to support learning, teaching, working and participating.
4. To have their property respected.
5. To have privacy.
6. To be informed about what is expected of them.
7. To have fun and enjoy their school years.

        Student Responsibilities:

1. To take advantage of the academic opportunities offered and to strive for high achievement.
2. To follow district and school rules and to demonstrate knowledge of all student rights and responsibilities delineated in this and related school documents. If a rule or policy is unclear, request a faculty member to explain its meaning.
3. To attend school regularly and be in class in your seat or assigned station with materials out, and ready to work.
4. To be considerate, respectful, and non-disruptive in classrooms, hallways, study areas, libraries, cafeterias, and on public transportation.
5. To listen to teachers, administrators, and classified employees who have student supervisory assignments with respect to student behavior during school activities.
6. To respect private, school, and district property,( i.e. no littering, no graffiti, no stealing, no extortion, etc).
7. To refrain from using electronic devices, unless explicitly required for classroom assignments. Students agree to follow specific school expectations related to electronics.
8. To stay off other school campuses, other than your own, unless you have explicit written permission from your principal or your principal’s designee.
9. To abide by the school uniform/dress policy of your school site.
10. To understand and accept that the following is not accepted on WCCUSD campuses:

6. Harassment of students or staff, including bullying, intimidation, so- called “cyber bullying,” hazing or initiation activity, ridicule, extortion, or any other verbal, written, or physical conduct that causes or threatens to cause bodily harm or emotional suffering.

1. Cyber bullying includes posting of harassing messages, direct threats, social cruelty, or other harmful text or images on the Internet, social networking sites, or other digital technologies, as well as breaking into another person’s account and assuming that person’s identity in order to damage that person’s reputation or friendship.

2. Sexual harassment of any individual;
3. Committing an obscene act or engaging in profanity or vulgarity;
4. Alcohol, tobacco, and other drugs;
5. Weapons or other dangerous items;
6. Fighting, as well as encouraging or instigating a disruption or fight; spreading harmful rumors or falsehoods that result in a student conflict; leaving class or campus to watch a disruption; or refusing to respond to requests to leave the scene of a conflict.

(For Secondary Students) To wear safety ID’s around the neck, visible at all times, while on campus, and to refrain from altering the safety IDs and lanyards. To dress according to the dress code defined in the school planner. This means no garments exposing the torso; no strapless tube tops; no vests without shirts; no short shorts; no garments with obscene or inappropriate words or pictures; no hats or other head coverings; no gang affiliated or related clothing; no see-through blouses or shirts; no low cut dresses; no sunglasses in class unless prescribed, etc.

Parent/Guardian Responsibilities:

1. To read, understand and follow District and school rules and regulations.
2. To support all students in reaching their full potential by making sure they are in school daily and completing all required homework on time.
3. To ensure that students understand their rights and their responsibilities.
4. To help schools promote the basic values listed above, and to provide the students with what they need to  succeed.
5. To work with District and school staff to modify and correct inappropriate student behavior.
6. To respond to District and school staff in a manner that shows individual respect.
7. To protect and nurture all students demonstrating the true meaning of community spirit.

Teachers’ Responsibilities:

1. To support and enforce all school rules and regulations fairly within classrooms, halls and campus.
2. To communicate with and respond to students and parents in a manner that shows individual respect.
3. To suggest conferences with parents, counselors, and administrators concerning students with serious behavioral problems.
4. To report to the principal, assistant principal, or counselor all serious or willful acts of misconduct by students and other individuals.
5. If desired, give detentions for tardiness, class cutting, or minor behavior infractions or institute other appropriate consequences for these kinds of behaviors.

Administrators’ Responsibilities:

1. To inform teachers, based on Education Code Section 49079, of each pupil who has engaged in any of the acts described in any of the subdivisions, except subdivision (h), of Education Code Section 48900, or in Section 48900.2, 48900.3, 48900.4, or 48900.7. Administration shall provide the information to teachers based upon any records that the district maintains in its ordinary course of business or receives from a law enforcement agency.
2. To communicate with and respond to students and parents in a fashion that shows individual respect.
3. To issue consequences for those students who demonstrate unacceptable behavior and who fail to honor this policy.
4. To give suspensions from one (1) to five (5) days to students when other means of correction fail to bring         about good conduct or when the action of that student presents a danger to persons or property or threatens to disrupt the educational process.
5. To monitor at-risk students with ten (10) or more days of suspension, and keep parents informed about corrective actions being instituted to assist students to improve behavior.
6. To recommend expulsion to the assistant superintendent for conduct violations listed in Education Code Section 48900, when other means of correction are not feasible or have failed to bring about proper conduct, or when the presence of the student causes a continuing danger to the physical safety of the student or others.

School Site Responsibilities:

To develop, communicate and implement discipline procedures contained in the school-wide discipline plans consistent with California Education Code Sections 48900, 48900.2, 48900.3, 48900.4, 48900.7, and 48915.

Community Responsibilities:

On a limited basis, the community police may cooperate with the West Contra Costa Unified School District administration in the investigation of incidents where the law may have been violated.

Students who do not fulfill the responsibilities listed above may be subject to disciplinary action.

3.4        DRESS AND UNIFORM POLICY

The Board of Education has determined that certain gangs (also known as criminal gangs or street gangs) are operating in and around schools within the West Contra Costa Unified School District. In light of this fact, the governing board has also determined that the wearing of gang-related clothing on school premises or during school-sponsored activities threatens the health and safety of the students and impairs the school environment accordingly. Students may not wear, possess, use, distribute, or display any clothing, color, jewelry, emblem, badge, symbol, colored bandana, or sash which represents or associates membership or affiliation with any gang or promotes gang-related activity. Clothing which has been deemed through collaboration between West Contra Costa Unified School District and the local law enforcement or other experts to be gang-related is prohibited.

The Richmond Police Department has notified us of the presence of the following gangs within Contra Costa County: Hot Boyz, One-ways, Mainline, Bay Boyz, VSP – Vario San Pablo, MOB, SWAG Team, Central, North Richmond, and FAM or any reasonable derivations of those identified groups (i.e. derivations that use portions of those names or initials); hair nets, bandanas, doo-rags, or shower caps; t-shirts with creased sleeves, or creased down the center, and pants with split cuffs.

Because gang-related apparel changes frequently, the District and its school sites may change this list, and will provide notice by updating their websites and posting the changes in the school site offices.

Specific clothing or hats determined to be gang-related or otherwise inappropriate/associates under Board Policy and this regulation are prohibited. Each school site may provide parents with a site-specific hat policy that may be more restrictive than the items listed within this regulation, and prohibited headgear will be specified. These restrictions are subject to periodic review. Upon consultation with local law enforcement agencies, or other experts, additional rules that restrict gang-associated dress may be instituted by the school principal at any time with notice to students and parents.

WCCUSD historically has had a policy that allows school sites to adopt a school uniform policy at the school site in accordance with State laws concerning such adoptions. Under this policy, some schools have already adopted uniforms.

Many parents and community members have urged the District to adopt a district wide uniform policy as a means of countering the influence of gangs, minimizing disruption and improving the learning environment. After researching such policies in other districts, the WCCUSD Board of Education has found that use of school uniforms enhances school safety, improves the learning environment, reduces ethnic and racial tensions, bridges socioeconomic differences between children, promotes good behavior, improves children’s self- respect and self-esteem, and produces cost savings for participating families.

Accordingly, the Board of Education has decided to spread the benefits of the programs throughout the District by adopting a district-wide uniform policy in accordance with the Education Code of the State of California. This policy was adopted on April 5, 2006.

Commencement of the Uniform Policy:

The uniform policy took effect October 9, 2006. All WCCUSD Elementary and Middle Schools have implemented a site uniform policy within the parameters set forth in the Board adopted district wide uniform policy. For the 2015 – 2016 school year, the uniform policy shall be in place as of the first day of school.

Specific School Uniforms:

A list of the specific uniforms for each school may be found on the District website. In addition, this information can be found by calling the school in question. Students are required to wear the school uniform unless they have received a ‘Uniform Waiver’ from the policy as outlined below.

Information Dissemination:

District and school support staff shall adequately communicate to parents information common to all school sites, including general guidelines for enforcement of the uniform policy.

District administrators will collaborate with school committees and administration to facilitate a clear understanding of the policy at the school site level, assist in the implementation of the policy, clarify procedures and provide financial assistance programs (see Section V below).

This information shall be communicated by one or more of the following: District newsletters; mailings to parents, District website, school newsletters; parent forums; telephonic notification or a telephone hotline; PTA meetings and newsletters; parent advisory meetings; television, radio, and/or newspaper announcements; posters displayed at school and in the community; registration materials.

Each school site, under the direction of site administration, shall adequately communicate to parents information specific to that school site, including description of the required site uniform, guidelines for enforcement of the uniform policy, waiver policy and financial assistance guidelines. District administrators will provide schools with templates and other support materials to facilitate this communication. District administration will also work with schools to facilitate implementation of financial assistance.

Financial Support Considerations:

No student shall be denied attendance to school, penalized, or otherwise subject to compliance measures for failing to wear a uniform due to financial hardship. Families needing financial assistance can apply for aid at the school site level using processes developed by the district. Information and guidelines for providing financial assistance will be provided to all school administrators.

The District shall designate a central administrator to coordinate efforts and information regarding the availability and sources of financial assistance.

The District shall compile and maintain a list of community agencies, uniform retailers, organizations and individuals willing to assist families in need. The District shall also create procedures to link identified uniform resources with participating schools.

Prior to the commencement of the uniform policy the district shall:

1. Develop a procedure and criteria to identify families in need of financial assistance;
2. Determine the form and type of financial assistance that will be offered;
3. Designate a specific staff member to assist those families in need of assistance;
4. Collaborate with business and community agency partners to identify resources for assisting families;
5. Prepare a flyer that:

• Describes in detail the default uniform and lists the range of costs for each competitively priced item of clothing as provided by a variety of vendors.
• States that in cases of severe financial hardship, parents may contact the designated district office by phone, mail or in person to request assistance.

f.         This information is available at each school site

 Uniform Waiver Process: Parents/Guardians should be aware that the required uniform policy is effective the first day of school. Parents/ Guardians may request a ‘Uniform Waiver’ form the district wide uniform policy requirements. To do so they follow these steps:

1. Obtain a Waiver Request form from your local school or by downloading the form from our district website.
2. Complete the Waiver Request form and return it to the principal of the school where the student is enrolled.
3. Attend a waiver-processing meeting with the principal of the school where the request is filed. These meetings will be held at the school where the waiver request is filed. In cases of hardship, the District will make a         reasonable effort to schedule a phone conference or home visit. If you have children covered by this waiver request attending other WCCUSD schools, the uniform program will send the other schools copies of the signed waiver form and acknowledgment of your review and understanding of the dress code.

A school administrator will contact the parent/guardian to schedule a meeting to process the waiver request. A meeting will be scheduled within ten (10) school days of receiving the request for waiver.

If the parent fails to attend the scheduled meeting, they will be contacted and the meeting will be rescheduled. A second failure to attend a meeting will constitute a withdrawal of the waiver request. If a parent contacts the school to reschedule a meeting before the date of the meeting, this will not constitute a failure to attend. Meetings may be rescheduled twice.

 Elementary and Middle/High School Dress Code: All elementary and middle/high school students must still follow the Board adopted dress code even if the students have received a waiver under the uniform policy. The dress code is as follows:

Students must dress appropriately at all times. Inappropriate dress is defined as any attire that causes a disruption, or a safety concern on campus. Clothing must be clean, neat and appropriate to an educational setting. Shoes must be worn for safety. The following items are not appropriate

• Garments where the torso is exposed.
• Strapless and sleeveless tops-Shirts or blouses must have sleeves that cover the shoulders.
• Vests without shirts.
• Short shorts or short skirts. Shorts and skirts must be no shorter than the tips of fingers when arms are held at the person’s sides.
• Clothing or buttons that have obscene or other inappropriate words or pictures, swear words, sexually suggestive statements or display prohibited substances.
• Hats, other hair covering or hair curlers worn inside of the school building, unless such items are a cultural or religious requirement.
• See-through blouses, low cut shirts or dresses.
• Clothing worn in a manner that exposes the student’s underwear.
• Pants must be worn at the natural waist level. The inseams of pants may not be longer than the heels of the person’s shoes. (Pants may not be worn “sag or drag”)
• Gang affiliated or related clothing and paraphernalia. Wearing of gang colors or other paraphernalia will result in immediate referral to the office.

Please note that school faculties, in conjunction with the site administration and School Site Councils, may establish additional dress regulations that are within the guidelines specified in the California Education Code.

Students’ and Parent/Guardians’ Responsibilities:

1. Be aware of what clothing is considered appropriate and inappropriate.
2. Abide by the dress policy.

Teachers’ Responsibilities:

1. Be aware of what clothing is considered appropriate and inappropriate and contact the parent and site administrator if the student is wearing inappropriate clothes.
2. If necessary, refer the student to the appropriate counselor, assistant principal or principal for action if a conference with the student and parent contact does not yield sufficient results.
3. Be aware of and enforce the requirement for identification lanyards at middle and high school.

Administrators’ Responsibilities:

1. Supervise implementation of this policy.
2. Notify the student and the parent of the action that may occur if the student wears inappropriate dress:

• 1st Infraction: Contact the parent and allow the pupil to change the inappropriate dress.
• 2nd Infraction: Parent contact and student detention.
• 3rd Infraction: Parent contact and student detention warning of possible student suspension for defying District policy.
• 4th Infraction: Parent conference-suspension. At this time it must be determined if the parent is not supporting the policy. If this is the case, the parent will be asked to complete the waiver process. If the parent is in support, but the student is non-compliant, a plan for compliance will be developed in conjunction with the parent.

NOTE: Individual schools may offer further financial assistance options.

 Secondary Mandatory Lanyard Policy: WCCUSD has implemented the use of identification lanyards at all secondary schools. This policy was in place at high schools during the 2005-2006 school year and began in the middle schools in the 2006 – 2007 school year. Wearing identification lanyards has proved to be advantageous to the safety of our secondary campuses. In accordance with the immediate action steps, as defined by the Board of Education, the lanyards are to be worn and displayed at all times by all staff and students at WCCUSD secondary schools.

A lanyard is a lightweight loop of cloth material worn around the neck that allows the identification card to be clearly seen from a distance. The cards will display the student’s picture, school name, student’s class (i.e. sophomore), school colors and logo. Students will be given the initial badge and lanyard but will be responsible for replacements.

The card has multiple uses including serving as a student body card, identification card and for checking out text and library books. Student body ID pictures will be taken at each school’s “walk-through” day in August. The lanyard and ID badge is MANDATORY and must be worn by the student in order to receive his/her class schedule and MUST be displayed at all times while on campus.

The following discipline plan is followed at all secondary schools for students not displaying their lanyard and identification badge.

• First Time: Assist. Principal, Teacher Aides, Volunteers call home
• Second Time: Detention
• Third Time: In-School Suspension

The school sites are encouraged to use positive reinforcement such as those listed below to help students adhere to this new, parent sponsored safety policy.

• Keep complete data and consistent enforcement of policies at all schools.
• Keep a fresh approach to monitoring – do some kind of weekly check at random times.
• Provide incentives and rewards for the classrooms with high/complete compliance with new policy.

It has been determined that all students should be provided with the initial lanyard and identification badge. This will be provided at no cost to the student. If the lanyard or the identification badge needs to be replaced however, it will be the responsibility of the student or parent/guardian to incur the cost of the replacement. The costs transferred to the student should be as follows:

• $2.00 for lanyard replacement only.
• $3.00 for identification badge replacement only.
• $5.00 for replacement of both lanyard and identification badge.

Again, this policy has greatly improved the safety and security of our campuses. We must be consistent in our implementation and enforcement of this policy.

3.5        DISASTER PREPAREDNESS AND SAFETY

The West Contra Costa Unified School District is committed to the safety and security of all students and staff. Disaster preparedness and safety procedures have been updated at every site. Each classroom, school office, and student use areas are equipped with classroom emergency guides outlining general emergency procedures. All school sites hold regular emergency drills.

The Office of Disaster Preparedness and Safety provides emergency management for WCCUSD. The office oversees the Safe School Plan system and provides guidance to schools for emergency response protocols, supplies and emergency drills. The Disaster Preparedness and Safety Office, which provides representation to the City of Richmond and Contra Costa County and coordinates with other agencies in a large emergency, manages the WCCUSD Emergency Operations Center. The office also coordinates the use of schools as public emergency shelters managed by the American Red Cross.

The district’s disaster and preparedness plans are premised on the following four fundamental phases:

Prevention and mitigation – conducting vulnerability assessments at each of the district’s sites to identify and attempt to correct preventable hazards (broken locks, compromised doors, etc.)

Preparedness – develop all hazards plans and procedures to natural and manmade disasters and emergencies, in collaboration with first responders (fire, police, etc.), to minimize damage to life and property and testing plans and procedures through routine drills.

Response – the district and first responders taking collaborative action (s) based on the respective plans and procedures in the district and local jurisdictions.

Recovery – the restoration of learning in the district, the process of healing while returning to a new level of normalcy following a disaster or emergency and providing resources and services to students, staff and families as available.

The district’s website for disaster preparedness and safety will be updated periodically with information that will be useful for both school and home.

4.        STUDENT ENROLLMENT

4.1        CHANGE OF RESIDENCY/EMERGENCY INFORMATION

It is the responsibility of parents, guardians and foster care and caregiver adults to inform the school of any change of address, telephone number or emergency information. Provided the school meets its responsibility regarding requirements of notification of residence information, a family’s failure to report a change of address within 30 calendar days shall be cause for forfeiture of the right to a Continuing Enrollment Permit. Parents must provide a manner to receive both written (U.S. Mail) and oral communication (telephone, cell) regarding their student. Parents are required to update this information annually through annual forms per school year at your child’s school of attendance.

4.2        INTER-DISTRICT PERMIT POLICY AND DOCUMENTATION REQUIREMENTS

Inter-District Permit Information: Ed. Code 46600-4611

Although students generally must attend school in the district where their parents/guardians reside, the district may, upon request, accept students from another district and may also allow students who live within the district to attend out-of-district schools.

Inter-district attendance permits may be approved for the following reasons:

1. Employment: A permit may be granted for students if at least one of the parents is employed within the boundaries of a school district that is outside of their district of residence. Parents must work full-time on a regular basis and no less than 30 hours per week during school hours.

2. Childcare Needs: A permit may be granted for childcare reasons only to students in grades K-8. The student must be cared for by a childcare center or by someone that lives within the requested school district boundaries.

3. Continuation: Provide proof of enrollment from current school/district, i.e. copy of most recent report card, district letter requesting renewal, or letter from current school.

4. Sibling (brother or sister): A permit may be granted when a sibling would be in attendance at the same time at the requested school/district.

5. Special Needs: A permit may be granted when a physician, school psychologist or other appropriate certified personnel certify special mental or physical health needs of the student.

6. Relocating: A permit may be granted when the parent/guardian provides legal documentation as evidence that the family will be moving to the receiving district in the immediate future and would like the student to start the school year in that district.

7. Program: A permit may be granted when there is valid interest in a particular educational program not offered in any of our schools serving 7-12 grades, in WCCUSD. The program must be offered in the student’s grade level and be a sequential course of study up to the highest grade level at requested school. Such a program or service must be related to the student’s academic advancement and not based solely on the student’s interests or desires. Before and after school programs and sports are not considered valid educational interests. This criterion does not apply to elementary education programs.

8. Other: Highly unusual personal circumstances and if not of the above reasons apply to your request.

Inter-District Permit Requirements – Parents must provide the following required documents within their electronic application, before the application deadline. Applications can be accessed via clickable links within the Transfer & Enrollment webpage.:

NOTE: Time frame process for Inter-district permits is between 6 to 8 weeks. The district may deny a transfer due to space limitations. Incomplete applications will delay the process and will be denied. Inter- district permits must be renewed each year.

All required documentation must be attached to the application at the time of submission. Additional information may be requested. Applications must include::

⇒ Verification of address, utility bill (PG&E, water or garbage bill only) under parent’s name and no older than 45 days.

⇒ Documentation based on your request, please submit all applicable documentation.

1. Work Related: Complete Verification of Employment form or provide a letter from employer on company’s letterhead stating specific days and hours of employment, i.e. M-F, 7:00-3:00 p.m., and a copy of the most current paycheck stub. If self- employed provide a tax form, valid business license and utility Bill (at least two of these).
2. Child Care - Grades K-8: Complete verification of childcare and provide   a copy of childcare’s address verification, i.e. childcare license, most current utility bill (PG&E, water or garbage) with provider’s name and address.
3. Continuing: Provide a proof of enrollment from current school/district, i.e. copy of most recent report card, district letter requesting renewal or letter from current school.
4. Sibling: Provide sibling’s last report card and list sibling’s name and school of attendance, and grade on form.
5. Special Needs: Provide a letter or recommendation from a certified physician, school psychologist, or other appropriate certified personnel.
6. Relocating: If you are relocating to the requested district, you need to provide legal documentation as evidence i.e. rental agreement, lease, or escrow documents.
7. Program: Specify the name of the secondary program (grades 7-12)on the form and attach a description of the program from the school catalog or website. Description must include the school or district’s logo and show that the program is sequential.
8. Other: Provide a written statement along with any supporting documentation that may better help make a decision on your request.

For more information about the Inter-District Permit Policy and Documentation Requirements, please review the clickable links within the Transfer & Enrollment webpage, or contact the Transfer Office via email to TransferOffice@wccusd.net.

4.3        OPEN ENROLLMENT DISTRICT TRANSFER POLICY AND PROCESS

Statutory Notification to Parents/Guardians on Open Enrollment Transfers

The West Contra Costa Unified School District assigns students to schools according to designated attendance areas.

Options for meeting District residency requirements for school attendance:

• Residing in the attendance area
• Residency of students in foster care
• Residency of students with guardian
• Families in transition and unhoused children are not subject to residency requirements. School is based on a case-by-case scenario.

Open Enrollment Process for New Applications

The Governing Board desires to provide open enrollment options that meet the diverse needs and interests of district students. If you wish to have your child attend a school other than the school of residence, please read the guidelines stated below and then complete the Open Enrollment Application form during the open enrollment period. The Open Enrollment period takes place in the month of January. The procedure for transfer application starts by completing the district’s Open Enrollment Intra-district Transfer Application form online and providing address verification (PG&E Bill, water bill, or garbage bill) with the name of the parent/ guardian.

Transfer applications may be obtained online from our district webpage at wccusd.net under the Transfer Office Department page. Open enrollment transfers are subject to space availability at the requested site. WCCUSD anticipates that not all schools will have space for open enrollment requests. Open enrollment transfer requests will be considered according to the following priorities [BP5116.1]:

1. Sibling (brother or sister): transfers are considered only if they would be in attendance at the same time at the requested school. (Must provide proof of sibling’s current enrollment) Having a sibling at the school requested does not guarantee that a transfer will be granted.
2. Washington Elementary students: Who do not wish to participate in the Dual Language Immersion Program (DLI)
3. Employees:  Any student whose parent/guardian is assigned to that school as his/her primary place of employment.
4. CSI Schools:  Any student enrolled in a persistently low performing district school that has been identified for Comprehensive Support and   Improvement.  A program improvement school is a school that has not made adequate yearly academic growth for two consecutive years as determined by the California Department of Education. 
5. Program Transfers: Any student may request to attend a school outside his/her attendance area for a specific program (e.g. Pathways, Dual Immersion, TBE, etc.) offering that is not offered as his/her school of residence.  Prerequisites may be necessary for enrollment in certain courses.

6.  Special Circumstances: Upon a finding that special circumstances exist that might be harmful or dangerous to the student in the current attendance areas, Special circumstances include, but are not limited to, threats of bodily harm or threats to the emotional stability of the student.  Any student may transfer to a district school that is at capacity and otherwise closed to transfers.  To grant priority under these circumstances, the Superintendent or designee must have received either :( Ed Code 35160.5)

1. A written statement from a representative of an appropriate state or local agency, including but not limited to a law enforcement official or social worker, or a properly licensed or registered professional, including, but not limited to, a psychiatrist, psychologist, or marriage and family therapist
2. A court order, including a temporary restraining order and injunction

7. Any student who is requesting

8. Continuing Student: An elementary or middle/junior high school student may continue at a school for the rest of the school year if his/her parent/guardian has moved to another school attendance area.
9. Displaced Residents: A student may be redirected to another school if there is no space available at his/her grade level at the school of residence.  The student will be placed on a waiting list at his/her school of residence and may return when space becomes available.  A redirect student who elects to remain at the receiving school the following year shall be considered a transfer student and will no longer be considered a displaced resident.  The student shall be allowed to remain at the re-directed school until he/she completes the highest grade offered at that school and shall not be subject to further displacement.

Open Enrollment Selection Process

Once priority is established, a random, unbiased selection process is used to select students to fill the spaces available.

Open enrollment transfers are subject to space availability at the requested site. WCCUSD anticipates that not all schools will have space for open enrollment transfer requests. Transfer not awarded before the school year begins will remain active for the duration of that school year only; after which, re-submission of an Open Enrollment application will be required each year during the Open Enrollment period for the upcoming school year.

Students awarded an Open Enrollment Intra-district transfer must maintain the specified criteria:

1. Maintain a minimum attendance rate of 95% for each grading period.
2. Maintain appropriate school behavior as outlined in the Student Handbook and Code of Conduct.
3. Maintain a cumulative grade point average of 2.0 for each grading period (Secondary Schools).

Though not currently anticipated, students on transfer may be subject to displacement to their resident school due to excessive enrollment.

For more information about the Open Enrollment Transfer Policy and Process, please contact the Transfer Office at (510) 307-4535 or email to Transferoffice@wccusd.net.

4.4        STUDENT RESIDENCY

Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if he or she is any of the following:

1. A pupil placed within the boundaries of that school district in a regularly established licensed children's institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.
2. An agency placing a pupil in a home or institution described in subparagraph shall provide evidence to the school that the placement or commitment is pursuant to law.
3. A pupil for whom inter-district attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26.
4. A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation.
5. A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver.
6. A pupil residing in a state hospital located within the boundaries of that school district
   

4.5        VERIFICATION REQUIREMENTS FOR RESIDENT ENROLLMENT

Resident Enrollment: You will need to bring two pieces of documentation verifying your address and one form of valid Photo ID when you register your child. All documents must be original.

Declaration of Residence: For parent or guardian who indicates that their entire family is living doubled up with someone and cannot provide a utility bill or lease that includes utilities in their name. Declaration of Residence form filled out and signed by both parties in the presence of a school administrator. Declaration of residence must be updated annually.

Caregiver Authorization Affidavit: For an adult who is not the parent and is not the legal guardian of the student but who is allowing someone else’s child to live with them. Caregiver Authorization Affidavit must be updated annually.

Required documentation is: Verification of residence: Parent, guardian or caregiver must have one of the following with their name and address;

• A utility bill dated within 45 days: PG&E (page 3), EBMUD, Richmond Sanitary, Sanitation, Cable/Internet
• In the instance that utilities are included in the rent, a rental/lease agreement must be used stating that utilities are included.

In addition, they must have one item listed below:

• Homeowner’s insurance policy
• Property tax statement
• Rental property contract, lease, or payment receipt
• Most recent pay stub
• Voter Registration
• Automobile insurance and or automobile registration
• Official letter from a social service/government agency within 45 days- such as EDD, Social Security, DMV
• Bank statement within 60 days

If an employee of the school district reasonably believes that the parent or legal guardian of the child has provided false, altered, or unreliable evidence of residency, the school district has authorization to make reasonable efforts to

determine that the child actually meets the residency requirements.

Additional documents that will be required at time of registration (contact school for a complete list of required documents):

• Age Verification: birth certificate or Baptismal record, Passport, California ID
• Grade level verification: transcript and most recent report card from the last school attended
• Immunization record

Families in transition only: Families in transition are families that reside at a non-permanent address such as a motel/hotel, shelter, car or are doubled up with relatives or friends. Transitional families who are unable to establish a permanent residence may contact the Families in Transition Office at 510-307- 4508 for assistance.

4.6        WCCUSD/CA ED.G.E Initiative Parental Notice

(Modified from CA Ed.G.E. Initiative Parental Notice at https://www.cde.ca.gov/sp/el/er/caedge.asp)

WCCUSD provides all parents or legal guardians with information on the types of language and language acquisition programs. WCCUSD provides this notification in the form of an annual parent handbook. For students who are enrolling after the beginning of the school year, the CA Ed.G.E. Initiative parental notice is to be provided upon enrollment.

WCCUSD Parental Notice

Available Language Programs & Language Acquisition Programs

West Contra Costa Unified School District (WCCUSD)  offers the following language and language acquisition programs for student enrollment. Parents/Guardians may choose a language acquisition program that best suits their child (EC Section 310[a]).

A description of the language acquisition programs provided in the West Contra Costa Unified School District are listed below. Please select the program that best suits your child. (20 U.S.C. Section 6312[e][3][A][iii],[v])

⬜        Structured English Immersion (SEI) Program: A language acquisition program for English learners in which nearly all classroom instruction is provided in English, but with curriculum and a presentation designed for pupils who are learning English. At minimum, students are offered ELD and access to grade level academic subject matter content.

⬜        Dual-Language Immersion (DLI) Program: Also referred to as Two-Way Immersion, is a language acquisition program that provides language learning and academic instruction for native speakers of English and native speakers of another language, with the goal of high academic achievement, first and second language proficiency, and cross-cultural understanding. This program begins in transitional kindergarten/kindergarten (TK/K) and continues through sixth grade. One-Way Immersion programs are generally offered where the native speaker of English or the native speaker of another language is not large enough to offer Two-Way Immersion.

How to Enroll Your Child in a Language Acquisition Program:

Submit your online InfoSnap form and intradistrict transfer located on the district website.

*Waivers are no longer required.

About Language Acquisition Programs and Language Programs

How to Request the Establishment of a New Program at a School:

Schools in which the parents or legal guardians of 30 pupils or more per school or the parents or legal guardians of 20 pupils or more in any grade request a language acquisition program that is designed to provide language instruction shall be required to offer such a program to the extent possible. (EC Section 310[a].)

Receiving and Tracking Parent Requests

Each school is required to maintain written records of parent requests (including verbal requests) which include:

• Date of request

• Parent and child names

• Description of request

• Grade level 5 CCR section 11311 requires that schools:

• Assist parents in clarifying their request

• Maintain records of each request for three years

• Accept requests from students enrolled for the current year as well as the following school year

• Monitor the number of parent requests for language acquisition or language programs on a regular basis throughout the year

• Consider requests for a multilingual program model from parents of pupils enrolled in the school who are native speakers of English when determining whether a threshold is reached

Parent and Community Engagement

(Procedure Pending board Approval)

Parents may provide input regarding language and language acquisition programs in the LEA or to be considered in the LEA during the development of the Local Control and Accountability Plan (EC Section 52062.) If interested in a different program from those listed above, please contact the Director English Achievement; Esaul Orozco ar eorozco2@wccusd.net. Or the Director of Community Engagement; Martine Blake at martine.blake@wccusd.net.

The information required in 5 CCR section 11309(c) (CDE CA Ed.G.E. Initiative web page at https://www.cde.ca.gov/sp/el/er/caedge.asp)

Reaching a Threshold

When the parents of 30 pupils or more enrolled in a school, or when the parents of 20 pupils or more in the same grade enrolled in a school, request the same or substantially similar type of a language acquisition or language program, the school responds by notifying the LEA immediately and taking the following three actions:

1. Communication

Within 10 school days of reaching a threshold described above, the LEA notifies the parents of pupils attending the school, the school’s teachers, administrators, and the LEA’s English learner parent advisory committee and parent advisory committee, in writing, of the parents’ requests for a language acquisition program.

2. Cost and Resource Analysis

The LEA then identifies costs and resources necessary to implement any new language acquisition or language program, including but not limited to:

• Certificated teachers with the appropriate authorizations  

• Necessary instructional materials

• Pertinent professional development for the proposed program

• Opportunities for parent and community engagement to support the proposed program goals

3. Determination

Having completed the costs and resource analysis, the LEA determines, within 60 calendar days of reaching a threshold described above, whether it is possible to implement the requested language acquisition or language program. At that time, the LEA provides notice, in writing, to parents of pupils attending the school, the school’s teachers, and administrators of its determination.

• Determination to implement a program at the school: In the case that the LEA determines it can implement the requested program, the LEA creates and publishes a reasonable timeline of actions necessary to implement the program. As a part of the implementation, the LEA confers with school personnel, including administrators, and teachers with the authorizations required to provide or oversee programs and services for English learners, regarding the design and content of language acquisition programs.

• Determination not to implement a program at the school: In the case that the LEA determines it is not possible to implement the program requested by parents, the LEA provides a written explanation of the reason(s) why the program cannot be provided. Further, the LEA may offer an alternate option that can be implemented at the school.

Each school follows the process described above, even if the LEA, at the time the threshold is met, provides the requested language acquisition or language program at another school.

Citations: EC sections 305 and 310; 5 CCR section 11311 and 11312.

5.        STUDENT HEALTH AND SAFETY

5.1        COMPREHENSIVE SEXUAL HEALTH AND HIV/AIDS EDUCATION

The California Healthy Youth Act requires that comprehensive sexual health education and HIV prevention education be provided to students at least once in middle school or junior high school and once in high school, starting in grade 7. (There is no state requirement for lower grades, but many elementary sites do provide lessons around anatomy and healthy living in grades 5 and 6.)

Instruction must encourage students to communicate with parents, guardians or other trusted adults about human sexuality. Instruction must be medically accurate, age-appropriate and inclusive of all students. It must include the following: 

• Information about HIV and other sexually transmitted infections (STIs), including transmission, FDA approved methods to prevent HIV and STIs, and treatment
• Information that abstinence is the only certain way to prevent unintended pregnancy and HIV and other STIs, and information about the value of delaying sexual activity
• Discussion about social views of HIV and AIDS
• Information about accessing resources for sexual and reproductive health care
• Information about pregnancy, including FDA approved prevention methods, pregnancy outcomes, prenatal care, and the newborn safe surrender law
• Information about sexual orientation and gender, including the harm of negative gender stereotypes
• Information about healthy relationships and avoiding unhealthy behaviors and situations

More information available at www.wccusd.net/science

5.2        MEDICAL AND HEALTH POLICY

1. Immunizations:

The District shall exclude from school any pupil who has not been immunized properly, unless the pupil is exempted from the immunization requirement pursuant to Health and Safety Code section 120370. The immunization exemption based on personal beliefs has been eliminated. (Health & Safety Code, § 120325). A student who, prior to January 1, 2016, submitted a letter or affidavit on file at the District, stating beliefs opposed to immunization, is permitted to enroll in that institution until the student enrolls in the next grade span. Grade span means: 1) birth to preschool; 2) kindergarten and grades 1 through 6, inclusive, including transitional kindergarten; and 3) grades 7 through 12, inclusive. On or after July 1, 2016, the District shall exclude from school for the first time or deny admittance or deny advancement to any student to the 7th grade unless the student has been immunized for his or her age as required by law. (Health & Safety Code, § 120335). A student may still be exempted from the immunization requirement based on medical condition or circumstances. A parent or guardian must file with the District a statement from a licensed physician saying that the immunization is not considered safe and is not recommended based upon the nature or duration of the medical condition or circumstances, including, but not limited to, the family medical history. (Health & Safety Code, § 120370) Add

A parent or guardian may consent in writing for a physician, surgeon, or health care practitioner acting under the direction of a supervising physician and surgeon to administer an immunizing agent to a pupil at school. (Ed. Code, §§ 48216, 48980(a), 49403, Health & Safety Code, §§ 120325, 120335)

PARENTS' GUIDE TO IMMUNIZATIONS REQUIRED FOR SCHOOL ENTRY

Starting July 1, 2019: Schedule provided by the State Department of Health Services: 

2. Health Examination Requirements

(Health and Safety Code 323-324)

State law requires parents of first grade students, upon enrollment, to provide a certificate of health examination or sign a waiver for a health exam. The health exam may be given up to eighteen (18) months before or within ninety (90) days after entering first grade. Parents are encouraged to obtain the health examination simultaneously with the immunizations.

3. Parents’ Right to Waive Exam

[(Ed. Code 49451]

“A parent or guardian having control or charge of any child enrolled in the public schools may file annually with the principal of the school in which he is enrolled a statement in writing, signed by the parent or guardian, stating that he will not consent to a physical examination of his child. Thereupon the child shall be exempt from any physical examination, but whenever there is a good reason to believe that the child is suffering from a recognized contagious or infectious disease, he shall be sent home and shall not be permitted to return until the school authorities are satisfied that any contagious or infectious disease does not exist.”

4. Oral Health Assessment

[Ed. Code 49452.8]

State law requires that children entering public school for the first time, in kindergarten or first grade, are to have a dental check-up by May 31 of the first school year. A licensed dental professional must complete the evaluation. Oral health evaluations that occurred within the 12 months prior to school entry also meet this requirement.

Parents may obtain a waiver of this requirement if they cannot find a dental office that takes their child’s insurance, cannot afford to pay for it, or the parent chooses not to have their child’s oral health evaluated

5. Vision and Hearing Tests

[Ed. Code 49452-49457]

“The governing board of any school district shall, subject to Section 49451, provide testing of the sight and hearing of each pupil enrolled in the schools of the district.” Upon first enrollment in a California school district of a child at a California elementary school, and at least every third year thereafter until the child has completed the eighth grade, the child’s vision shall be appraised. This evaluation shall include tests for visual acuity and color vision; however color vision shall be appraised once and only on male children and the results of the appraisal shall be entered in the health record of the pupil. The evaluation may be waived if the child’s parents so desire, by presenting a certificate from a physician and surgeon or an optometrist setting out the results of a determination of the child’s vision, including visual acuity and color vision. [Ed. Code 49455]

Gross external observations of the children’s eyes, visual performance and perception, as used in Education Code Section 49452, shall mean continuous observation by teachers of the appearance, behavior and complaints of pupils that might indicate vision problems. In addition, periodic investigation where pupils’ school performance begins to give evidence that existence of the problem might be caused by a visual difficulty. Such an evaluation shall be done in consultation with the school nurse. (CCR Title 5, 596)

When a visual defect has been noted, a report shall be made to the parent or guardian of the child, asking the parent or guardian to take such action as will cure or correct the defect.  [Ed Code 40456]

Each pupil shall be given a vision and hearing-screening test in kindergarten, second, fifth, and eighth grade. Hearing screening shall also be done in tenth or eleventh grade and first entry into the California public school system. A school district may request a waiver of the hearing screening test for tenth and/or eleventh grade pupils once each school year.

The schools shall provide the parents or guardians of children who fail the hearing test with a written notification of the test results and recommend that a medical and audiological evaluation be obtained.

6. Screening: Special Education

(CCR Title 5, 3027)

All pupils being assessed for initial and three-year review for special education services shall have had a hearing and vision screening, unless parental permission was denied.

7. Specialized Physical Health Care Services

Individual Disability Education Act, Amended 2004

The Individual Disability Education Act extends the guaranteed right to a free and appropriate public education to include all students who are medically fragile, technology dependent, or chronically ill. Provisions are made for Specialized Physical Health Care Services in accordance with the State Guidelines as outlined in the “Guidelines and Procedures” manual of the California Department of Education (referred to as the “Green Book”).

The Specialized Physical Health Care Services/Procedures provided to the students while in school must have the physician’s authorization and be performed according to the standards established by the State. These services/procedures can be individualized as long as they meet the safety standards of the BRN (Board of Registered Nursing) Nurse Practice Act.

Procedures that do not meet the standardized guidelines will not be performed at school.

Note: The RN follows the procedures that meet the standardized guidelines and physician orders, only. The parent cannot dictate any changes to the procedure if it is not a part of the procedure.

8. Administration of Medication

Parents are to notify the Principal if their child is on continuing medication. This notification shall include the completed WCCUSD Administration of Medication During School Hours form. With parental consent, the principal or school nurse may confer with the physician regarding possible effects of the drug, including symptoms of adverse side effects. The form must include the student's name, parent signature, name of the medication, dosage, time and physician's signature. This form must be renewed annually or whenever the prescription changes. Forms for administering medication may be obtained from the school secretary. Forms are also available for self-administration of prescription inhalers, epi-pens and insulin.

9. Confidential Medical Service

For students in grades 7-12 shall be notified and the parents or guardians of all pupils enrolled in the district, that school authorities may excuse any pupil from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian. (Ed. Code, § 46010.1)

10. Medical Services and Insurance Coverage for Injuries:  The District provides accident insurance coverage up to $25,000 for students injured during school activities. District-provided coverage is secondary to student’s primary insurance.

11. Medical and Hospital Services & Insurance Coverage for Athletic Teams

The District does not provide medical and hospital services for students injured while participating in athletic activities. However, all members of school athletic teams must have accidental injury insurance that covers medical and hospital expenses.  (Ed. Code, §§ 32221.5, 49471)

12. Contagious or Infectious Disease

[Ed. Code 48211]

A child may be sent home if, for a good reason, he or she is believed to be suffering from a recognized contagious or infectious disease. The child shall not be permitted to return until school authorities are satisfied that the student is no longer contagious or infectious. In most cases, a physician’s note must be presented to the school authorities upon the child’s return to school.

13. Child Health Information

Health services personnel (nurses, in particular) are not readily available on school campuses. Nurses are available on an itinerant basis to assess the health needs and supervise the healthcare of students as needed, and to administer health screenings (vision and hearing). It is important that parents fully inform the office staff and each teacher who works with their student(s) regarding any significant health problems. Be sure to complete the emergency card and return it to the school office. If your child requires specialized health care during the school day, you will need to meet with a school administrator, and other school staff to design an individual plan.

5.3        TOBACCO-FREE SCHOOLS AND COMMUNITIES

The Governing Board recognizes the health hazards associated with smoking and the use of tobacco products, including the breathing of second-hand smoke, and desires to provide a healthy environment for students and staff.

The Board prohibits the use of products containing tobacco or nicotine, including but not limited to, smokeless tobacco, snuff, chew, and clove cigarettes, at any time in district-owned or leased property and in district vehicles. This prohibition also applies to electronic nicotine delivery systems, such as electronic cigarettes, electronic hookahs, and other vapor emitting devices, with or without nicotine content, that mimic the use of tobacco products any time. (Health and Safety Code 104420; Labor Code 6404.5; 20 USC 6083)

Visitors who are observed smoking or using tobacco products in violation of the West Contra Costa Unified School District Tobacco-Free Policy shall be asked to refrain. If the individual fails to comply with the request, his or her violation of policy may be referred to the site principal or other school district supervisory personnel responsible for the area or program during which the violation occurs. The supervisor shall make a decision on further action, which will include a directive to leave school property. Repeated violations may result in a recommendation to the Superintendent to prohibit the individual from entering district property for a specified period. If deemed necessary by school administration, the local law enforcement agency may be called upon to assist with enforcement of this policy.

Tobacco, Alcohol and Illicit Drugs:

The Board recognizes that use of alcohol and other drugs adversely affects a student’s ability to achieve academic success, is physically and emotionally harmful, and has serious social and legal consequences. It is the policy of the Board of Education to keep district schools free of tobacco and other drugs.

Students possessing, using or selling alcohol or other drugs or related paraphernalia shall be subject to disciplinary procedures including suspension or expulsion and/or referral to law enforcement. In addition, students may be referred to an appropriate intervention program, and/or be restricted from extracurricular activities, including athletics.

The Board recognizes that there are students who use alcohol and other drugs that can benefit from intervention. The Board supports qualified intervention programs that include the involvement of students, parents/ guardians and community agencies/organizations.

6.        PARENT / COMMUNITY INVOLVEMENT

6.1        PARENT/GUARDIAN INVOLVEMENT

A critical dimension of effective schooling is parent involvement. Research has shown conclusively that parent involvement at home and in their children’s education improves student achievement. Furthermore, when parents are involved at school, their children go further, and they go to better schools.

Important facts:

1. Families provide the primary education environment.
2. Parent involvement improves student achievement.
3. Parent involvement is most effective when it is comprehensive, supportive, long lasting, and well planned.
4. The benefits of parent involvement are not limited to early childhood or the elementary level; there are continuing positive effects through high school.
5. Involving parents in supporting their children’s education at home is not enough. To ensure the quality of schools as institutions serving the community, parents must be involved at all levels in the schools.
6. The extent of parent involvement in a child’s education is more important to student success than family income or education.
7. We cannot look at the school and the home in isolation from one another; families and schools need to collaborate to help children adjust to the world of school. This is particularly critical for children from families with different cultural and language backgrounds.

Parent Involvement Policy: The WCCUSD recognizes that when schools and parents form strong partnerships, our children’s potential for educational success improves significantly. Teachers and school administrators become more aware of parent and community expectations and may implement their suggestions regarding programs and operations. Parents learn the scope of the school’s instructional program and set high expectations for their children. As a result, schools can better focus on student growth and success. Schools have the responsibility to involve parents in this partnership. Therefore, the WCCUSD supports a variety of parent-involvement programs that require schools to involve parents at all grade levels in a broad range of roles. For more information about Parent Involvement, please contact the Community Engagement Department (510-307-4526).

Parent Involvement Board Policy 6020 - For Parents in Title I Schools

The Governing Board recognizes that parents/guardians are their children's first and most influential teachers and that sustained parent involvement in the education of their children contributes greatly to student achievement and a positive school environment. The Superintendent or designee shall work with staff and parents/guardians to develop meaningful opportunities at all grade levels for parents/guardians to be involved in district and school activities; advisory, decision-making, and advocacy roles, and activities to support learning at home.

Parents/guardians shall be notified of their rights to be informed about and to participate in their children's education and of the opportunities available to them to do so.

The Superintendent or designee shall regularly evaluate and report to the Board on the effectiveness of the district's parent involvement efforts, including, but not limited to, input from parents/guardians and school staff on the adequacy of parent involvement opportunities and barriers that may inhibit parent/guardian participation.

The Superintendent or designee shall regularly evaluate and report to the Board on the effectiveness of the district's parent involvement efforts.

Title I Schools

Each year the Superintendent or designee shall identify specific objectives of the district's parent involvement program for schools that receive Title I funding. He/she shall ensure that parents/guardians are consulted and participate in the planning, design, implementation, and evaluation of the parent involvement program. (Education Code 11503)

The Superintendent or designee shall ensure that the district's parent involvement strategies are jointly developed with and agreed upon by parents/guardians of students participating in Title I programs. Those strategies shall establish expectations for parent involvement and describe how the district will carry out each activity listed in 20 USC 63 18. (20 USC 63 18)

The Superintendent or designee shall consult with parents/guardians of participating students in the planning and implementation of parent involvement programs, activities, and regulations. He/she also shall involve parents/guardians of participating students in decisions regarding how the district's Title I funds will be allotted for parent involvement activities. (20 USC 6318)

The Superintendent or designee shall ensure that each school receiving Title I funds develop a school-level parent involvement policy in accordance with 20 USC 6318.

Non-Title I Schools

The Superintendent or designee shall develop and implement strategies applicable to each school that does not receive federal Title I funds to encourage the involvement and support of parents/guardians in the education of their children, including, but not limited to, strategies describing how the district and schools will address the purposes and goals described in Education Code 11502. (Education Code 11504)

Parent Involvement District Strategies for Title I Schools

To ensure that parents/guardians of students participating in Title I programs are provided with opportunities to be involved in their children's education, the Superintendent or designee shall:

1. Involve parents/guardians of participating students in the joint development of the Title I local educational agency (LEA) plan pursuant to 20 USC 6312 and the process of school review and improvement pursuant to 20 USC 6316 (20 USC 6318). The Superintendent or designee may:

1. Invite input on the LEA plan from other district committees and school site councils through meetings and         other mutually agreed upon forums.
2. Communicate with parents/guardians through the district newsletter, website, or other methods         regarding the LEA plan and the opportunity to provide input.
3. Ensure that there is an opportunity at a public Board meeting for public comment on the LEA plan prior to         the Board's approval of the plan or revisions to the plan.
4. Ensure that school-level policies on parent involvement address the role of school site councils and other         parents/guardians as appropriate in the development and review of school plans.

2. In order to provide coordination, technical assistance, and other support necessary to assist Title I schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance (20 USC 6318), the Superintendent or designee may:

1. Assign person (s) in the district office to serve as a liaison to the schools regarding Title I parent         involvement issues.
2. Provide training for the principal or designee of each participating school regarding Title I requirements         for parent involvement, leadership strategies, and communication skills to assist him/her in facilitating the         planning and implementation of parent involvement activities.
3. Provide ongoing district-level workshops to assist school site staff and parents/guardians in planning and         implementing improvement strategies.
4. Provide information to schools about the indicators and assessment tools that will be used to monitor         progress.

3. In order to build the capacity of schools and parents/guardians for strong parent involvement (20 USC 6318), the Superintendent or designee shall: (20 USC 6318)

1. Assist parents/guardians in understanding such topics as the state's academic content standards and         academic achievement standards, state and local academic assessments, the requirements of Title I, and         how to monitor a child's progress and work with educators to improve the achievement of their children.
2. Provide materials and training to help parents/guardians work with their children to improve their         children's achievement, such as literacy training and using technology, as appropriate, to foster parent         involvement.
3. Ensure that information related to school and parent/guardian programs, meetings, and other activities is         sent to the parents/ guardians of participating students in a format and, to the extent practicable, in a         language the parents/guardians can understand.
4. Provide other such reasonable support for parent involvement activities as parents/guardians may         request through the School Site Council and Board Meetings.
5. Inform parents/guardians and parent organizations of the existence and purpose of parent information         and resource centers in the state that provide training, information, and support to parents/guardians of         participating students.
   

In addition, the Superintendent or designee may:

1. Train parents/guardians to enhance the involvement of other parents/guardians.
2. Adopt and implement model approaches to improving parent involvement.
3. Make referrals to community agencies and organizations that offer literacy training, parent education         programs, and/or other services that help to improve the conditions of parents/guardians and families.
4. Provide a master calendar of district activities and district meetings.
5. Provide information about opportunities for parent involvement through the district, web site, or other         written or electronic means.
6. To the extent practicable, provide translation services at school sites and at meetings involving         parents/guardians as needed.
7. Provide training and information to members of district and school site councils and advisory committees         to help them fulfill their functions.
8. Include expectations for parent/guardian outreach and involvement in staff job descriptions and         evaluations.

4. The Superintendent or designee may coordinate and integrate Title I parent involvement strategies with Reading First, Early Reading First, and public preschool, and other programs (20 USC 6318).

5. In order to conduct, with involvement of parents/guardians, an annual evaluation of the content and effectiveness of the parent involvement policy in improving the academic quality of the schools served by Title I (20 USC 6318), the Superintendent or designee shall:

1. Ensure that the evaluation includes the identification of barriers to greater participation in parent         involvement activities, with particular attention to parents/guardians who are economically         disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or         ethnic minority background (20 USC 6318).
2. Use the evaluation results to design strategies for more effective parent involvement and, if necessary, to         recommend changes in the parent involvement policy (20 USC 6318).

6. In order to involve parents/guardians in the activities of schools served by Title I (20 USC 6318), the Superintendent or designee may:

1. Include information about school activities in district communications to parents/guardians.
2. To the extent practicable, assist schools with translation services or other accommodations needed to         encourage participation of parents/ guardians with special needs.
3. Establish processes to encourage parent/guardian input regarding

their expectations and concerns for their children.

The district's Board policy and administrative regulation containing parent involvement strategies shall be incorporated into the LEA plan and distributed to parents/guardians of students participating in Title I programs. (20 USC 6318)

School-Level Policies for Title I Schools

At each school receiving Title I funds, a written policy on parent involvement shall be developed jointly with and agreed upon by parents/ guardians of participating students. Such policy shall describe the means by which the school will: (20 USC 6318)

• Convene an annual meeting at a convenient time to which all parents/ guardians of participating students shall be invited and encouraged to attend, in order to inform parents/guardians of their school’s participation in Title I and to explain Title I requirements and the right of parents/ guardians to be involved.
• Offer a flexible number of meetings, such as meetings in the morning or evening, for which related transportation, childcare, and/or home visits may be provided as such services relate to parent involvement.
• Involve parents/guardians in an organized, ongoing, and timely way in the planning, review, and improvement of Title I programs, including the planning, review, and improvement of the school’s parent involvement policy and, if applicable, the joint development of the plan for school wide programs pursuant to 20 USC 6314.
• Provide the parents/guardians of participating students all of the following:

1. Timely information about Title I programs.
2. A description and explanation of the school’s curriculum, forms of academic assessment used to measure         student progress, and the proficiency levels students are expected to meet.
3. If requested by parents/guardians, opportunities for regular meetings to formulate suggestions and to         participate, as appropriate, in decisions related to their children’s education, and, as soon as practicably possible, responses to the suggestions of parents/ guardians.

• Jointly develop with the parents/guardians of participating students a school-parent contract that outlines how parents/guardians, the entire school staff, and students will share responsibility for improved student academic achievement and the means by which the school and parents/ guardians will build a partnership to help students achieve state standards

This contract shall address:

1. The school’s responsibility is to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables participating students to achieve the state’s student academic achievement standards.
2. Ways in which parents/guardians will be responsible for supporting their children’s learning, such as monitoring attendance, homework completion, and television viewing; volunteering in the classroom; and participating, as appropriate, in decisions related to their children’s education and the positive use of extracurricular time.
3. The importance of communication between teachers and parents/ guardians on an ongoing basis through, at a minimum:

• Parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as it relates to the student’s achievement.
• Frequent reports to parents/guardians on their children’s progress.
• Reasonable access to staff, opportunities to volunteer and participate in their child’s classroom, and observation of classroom activities.

4. Build the capacity of the school and parents/guardians for strong parent involvement by implementing the activities described in items #3.
5. To the extent practicable, provide full opportunities for the participation of parents/guardians with limited English proficiency, parents/guardians with disabilities, including providing information and school reports required under 20 USC 6311(h) in a format and language such that parents/guardians can understand.
   

Each school’s parent involvement policy shall be made available to the local community and distributed to parents/guardians of participating students in an understandable and uniform format and, to the extent practicable, provided in a language the parents/guardians can understand. (20 USC

6318)

Each school receiving Title I funds shall annually evaluate the effectiveness of its parent involvement policy. Such evaluation may be conducted during the process of reviewing the school's single plan for student achievement in accordance with Education Code 64001.

The principal or designee, jointly with parents/guardians of participating students, shall periodically update the school's policy to meet the changing needs of parents/guardians and the school. (20 USC 6318).

For more information about Parental Involvement, please contact the Community Engagement Department at (510) 307-4526.

6.2        PARENT PHOTOGRAPHS WHILE ON CAMPUS

The Education Code provides that “parents have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children to participate in the education of their children.” (Ed. Code, § 51101(a).) The right to participate in their child’s education includes a parent’s right to observe their child’s classroom. (Ed. Code, § 51101(a)(1).)

However, a parent’s rights to participate in their child’s education are not so broad as to permit unauthorized photography of other parents, pupils, or staff while on school grounds during school hours. Unauthorized photography while on school grounds during school hours may endanger student and staff privacy, and may disrupt the educational process. In addition, the Education Code prohibits individuals from willfully disturbing any public school or public school meeting, punishable by a misdemeanor charge. (Ed. Code, § 32210.) To the extent that the parent’s behavior while on campus is willfully disturbing the activities of the public school, the District may alert the parent of these consequences.

The above advice is subject to one caveat. A District administrative regulation openly invites and allows parents, staff, and members of the public to photograph and video record school activities, such as performances and sporting events. (Administrative Regulation 3515.)

For more information about Parental Involvement, please contact the Community Engagement Department at (510) 307-4526.

6.3        SCHOOL & CLASSROOM VISITS

The Governing Board encourages parents/guardians and interested members of the community to visit the schools and view the educational program.

To ensure minimum interruption of the instructional program, the Superintendent or designee shall establish procedures, which facilitate visits during regular school days. Visits during school hours should be first arranged with the teacher and principal or designee. If a conference is desired, an appointment should be set with the teacher during non- instructional time.

To ensure the safety of students and staff and avoid potential disruptions, all visitors shall register immediately upon entering any school building or grounds when school is in session.

For purposes of school safety and security, the principal or designee may design a visible means of identification for visitors while on school premises, such as a visitor's badge that is distributed at and returned to the front office of the school.

No electronic listening or recording device may be used by students or visitors in a classroom without the teacher and principal's permission.

Additionally, no teacher may be required to accept a volunteer worker or observer in his/her classroom. However, parents of students enrolled in the class may make routine visits to the class, provided the teacher has been notified the day prior to the visit.

Board Policy 1250 & United Teachers of Richmond Contract, Article-10, Section-18.

6.4        WCCUSD VOLUNTEER SERVICE AGREEMENTS

California Education Code 51101 states:

(a) Except as provided in subdivision (d), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:

To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.

WCCUSD Administrative Regulations 1240 states:

All volunteers must agree to follow the school and classroom rules and regulations listed below:

1. Spend my scheduled time with students doing site approved and/or assigned activities.
2. Volunteers will not have children with them while performing site approved and/or assigned volunteer activities.
3. Will respect the school’s dress code: no sunglasses, hoodies with the hood up, flip-flops, bare midriffs, sagging pants; or, clothing with logos depicting drugs, tobacco, alcohol, or anything sexually suggestive or involving a racial/ethnic slur.
4. Never remove a child from the designated school area, or make plans to meet a student during non-school hours for any reason without the express permission or knowledge of the Principal.
5. Never discipline any child. In case of a situation that requires a disciplinary action, I will notify school staff immediately.
6. Will be free from the influence of alcohol or illegal drugs while volunteering.
7. Not use electronic devices such as cell phones, music players, smartphones, etc. while working with students. This includes connecting via social media.
8. Not engage in any act, which is discriminatory in nature towards another person’s race, creed, ethnicity, national origin, sex, sexual orientation, age, physical condition, religious beliefs, political afflictions, veterans or marital status.
9. Agree to the above codes of conduct and will never purposefully endanger the wellbeing or life of a child.
10. Agree to pass on knowledge of or suspicion of child abuse to an appropriate West Contra Costa Unified School District staff member.

Any breach of these rules and regulations may result in the revocation of volunteer badge and privileges.

7.        POLICIES / PROCEDURES AND NOTICES

7.1        UNIFORM COMPLAINT PROCEDURES (UCP) ANNUAL NOTICE FOR 2024-2025

7.2        BOARD POLICY 1312.1: COMPLAINTS CONCERNING DISTRICT EMPLOYEES

The Governing Board accepts responsibility for providing a means by which the public can hold employees accountable for their actions. The Board desires that complaints be resolved expeditiously without disrupting the educational process.

The Superintendent or designee shall develop regulations which permit the public to submit complaints against district employees in an appropriate way. These regulations shall protect the rights of involved parties. The Board may serve as an appeals body if the complaint is not resolved.

The Board prohibits retaliation against complainants. The Superintendent or designee at his/her discretion may keep a complainant's identity confidential, except to the extent necessary to investigate the complaint. The district will not investigate anonymous complaints unless it so desires.

Legal Reference:

EDUCATION CODE

33308.1  Guidelines on procedure for filing child abuse complaints

35146  Closed sessions

44031  Personnel file contents and inspection

44811  Disruption of public school activities

44932-44949  Resignation, dismissal and leaves of absence (rights of employee; procedures to follow)

48987  Child abuse guidelines

GOVERNMENT CODE

54957  Closed session; complaints re employees

54957.6  Closed session; salaries or fringe benefits

PENAL CODE

273  Cruelty or unjustifiable punishment of child

11164-11174.3  Child Abuse and Neglect Reporting Act

WELFARE AND INSTITUTIONS CODE

300  Minors subject to jurisdiction of juvenile court

Management Resources:

CDE LEGAL ADVISORIES

0910.93  Guidelines for parents to report suspected child abuse by school district employees or other persons against a pupil at school site (LO:4-93)

Policy  WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

adopted:  November 7, 2007   Richmond, California

7.3        ADMINISTRATIVE REGULATION 1312.1: COMPLAINTS CONCERNING DISTRICT PERSONNEL

West Contra Costa USD

Administrative Regulation

Complaints Concerning District Personnel

AR 1312.1

Community Relations

The Superintendent or designee shall determine whether a complaint should be considered a complaint against the district and/or an individual employee, and whether it should be resolved by the district's process for complaints concerning personnel and/or other district procedures.

To promote prompt and fair resolution of the complaint, the following procedures shall govern the resolution of complaints against district employees:

1. Every effort should be made to resolve a complaint at the earliest possible stage. Whenever possible, the complainant should communicate directly to the employee in order to resolve concerns.
2. If a complainant is unable or unwilling to resolve the complaint directly with the employee, he/she may submit an oral or written complaint to the employee's immediate supervisor or the principal.
3. All complaints related to district personnel other than administrators shall be submitted in writing to the principal or immediate supervisor. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. Complaints related to a principal or central office administrator shall be initially filed in writing with the Superintendent or designee. Complaints related to the Superintendent shall be initially filed in writing with the Board.
4.  When a written complaint is received, the employee shall be notified within five days or in accordance with collective bargaining agreements.
5. A written complaint shall include:

1. The full name of each employee involved
2. A brief but specific summary of the complaint and the facts surrounding it
3. A specific description of any prior attempt to discuss the complaint with the employee and the failure to resolve the matter

6. Staff responsible for investigating complaints shall attempt to resolve the complaint to the satisfaction of the parties involved within 30 days.
7. Both the complainant and the employee against whom the complaint was made may appeal a decision by the principal or immediate supervisor to the Superintendent or designee, who shall attempt to resolve the complaint to the satisfaction of the person involved within 30 days. Parties should consider and accept the Superintendent or designee's decision as final. However, the complainant, the employee, or the Superintendent or designee may ask to address the Board regarding the complaint.

8. Before any Board consideration of a complaint, the Superintendent or designee shall submit to the Board a written report concerning the complaint, including but not limited to:

1. The full name of each employee involved
2. A brief but specific summary of the complaint and the facts surrounding it, sufficient to inform the Board         and the parties as to the precise nature of the complaint and to allow the parties to prepare a response
3. A copy of the signed original complaint
4. A summary of the action taken by the Superintendent or designee, together with his/her specific finding         that the problem has not been resolved and the reasons

9. The Board may uphold the Superintendent's decision without hearing the complaint.

10. All parties to a complaint may be asked to attend a Board meeting in order to clarify the issue and present all available evidence.

11. A closed session may be held to hear the complaint in accordance with law.

12. The decision of the Board shall be final.

Any complaint of child abuse or neglect alleged against a district employee shall be reported to the appropriate local agencies in accordance with law, Board policy and administrative regulation.

Regulation WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

approved:  April 8, 2013 Richmond, California

7.4        BOARD POLICY 5131.2: BULLYING

West Contra Costa USD

Board Policy - Bullying

BP 5131.2

Students

The Governing Board recognizes the harmful effects of bullying on student well-being, student learning, and school attendance and desires to provide a safe school environment that protects students from physical and emotional harm. No individual or group shall, through physical, written, verbal, visual, or other means, harass, sexually harass, threaten, intimidate cyberbully, cause bodily injury to, or commit hate violence against any student or school personnel, or retaliate against them for filing a complaint or participating in the complaint resolution process.

The Superintendent or designee shall develop strategies for addressing bullying in district schools with the involvement of students, parents/guardians, and staff. As appropriate, the Superintendent or designee may also collaborate with social services, mental health services, law enforcement, courts, and other agencies and community organizations in the development and implementation of effective strategies to promote safety in schools and the community.

Such strategies shall be incorporated into the comprehensive safety plan and, to the extent possible, into the local control and accountability plan and other applicable district and school plans.

Any complaint of bullying shall be investigated and, if determined to be discriminatory, resolved in accordance with law and the district's uniform complaint procedures specified in AR 1312.3. If, during the investigation, it is determined that a complaint is about nondiscriminatory bullying, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.

Any employee who permits or engages in bullying or retaliation related to bullying shall be subject to disciplinary action, up to and including dismissal.

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination 32282 Comprehensive safety plan 32283.5 Bullying; online training

35181 Governing board policy on responsibilities of students 35291-35291.5 Rules

48900-48925 Suspension or expulsion 48985 Translation of notices

52060-52077 Local control and accountability plan

 PENAL CODE

422.55 Definition of hate crime

647   Use of camera or other instrument to invade person's privacy; misdemeanor

647.7   Use of camera or other instrument to invade person's privacy; punishment

653.2 Electronic communication devices, threats to safety

 CODE OF REGULATIONS, TITLE 5

4600-4670 Uniform complaint procedures

UNITED STATES CODE, TITLE 47

254 Universal service discounts (e-rate)

CODE OF FEDERAL REGULATIONS, TITLE 28

35.107 Nondiscrimination on basis of disability; complaints CODE OF FEDERAL REGULATIONS, TITLE 34

104.7 Designation of responsible employee for Section 504

106.8 Designation of responsible employee for Title IX

110.25 Notification of nondiscrimination on the basis of age COURT DECISIONS

Wynar v. Douglas County School District, (2013) 728 F.3d 1062

J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094 Lavine v. Blaine School District, (2002) 279 F.3d 719

Management Resources:

CSBA PUBLICATIONS

Final Guidance: AB 1266, Transgender and Gender Nonconforming Students, Privacy, Programs, Activities & Facilities, Legal Guidance, March 2014

Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014

Addressing the Conditions of Children: Focus on Bullying, Governance Brief, December 2012 Safe Schools:  Strategies for Governing Boards to Ensure Student Success, 2011 Cyberbullying: Policy Considerations for Boards, Policy Brief, rev. July 2010

Building Healthy Communities: A School Leaders Guide to Collaboration and Community Engagement, 2009

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Bullying Module

California's Social and Emotional Learning: Guiding Principles, 2018 Social and Emotional Learning in California: A Guide to Resources, 2018

Health Education Content Standards for California Public Schools: Kindergarten Through Grade Twelve, 2008

Bullying at School, 2003

CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS

Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California K-12 Schools in Responding to Immigration Issues, April 2018

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS Dear Colleague Letter: Responding to Bullying of Students with Disabilities, October 2014 Guidance to America's Schools: Bullying of Students with Disabilities, October 2014

Dear Colleague Letter: Guidance on Schools' Obligations to Protect Students from Student-on-Student Harassment on the Basis of Sex; Race, Color and National Origin; and Disability, October 26, 2010

Dear Colleague Letter: Harassment and Bullying, October 2010 WEB SITES

CSBA: http://www.csba.org

California Department of Education, Safe Schools Office: http://www.cde.ca.gov/ls/ss

California Office of the Attorney General: http://oag.ca.gov Center on Great Teachers and Leaders: http://gtlcenter.org

Collaborative for Academic Social and Emotional Learning: http://casel.org Common Sense Media: http://www.commonsensemedia.org

National School Safety Center:   http://www.schoolsafety.us Partnership for Children and Youth: http://www.partnerforchildren.org

U.S. Department of Education: http://www.ed.gov

Policy WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

adopted:  December 18, 2019        Richmond, California

7.5        BOARD POLICY 1312.3: UNIFORM COMPLAINT PROCEDURES

Board Policy Manual

West Contra Costa Unified School District

This policy and the corresponding administrative regulation contain rules and instructions about the filing, investigation, and resolution of a Uniform Complaint Procedures (UCP) complaint. UCP complaints include any complaint brought forth by a complainant alleging a failure by the West Contra Costa Unified School District to comply with federal or state laws or regulations governing educational programs, including allegations of unlawful discrimination (such as harassment, intimidation or bullying based on any of the protected classes stated herein) and non-compliance with laws relating to pupil fees and the District’s Local Control and Accountability Plan (LCAP).  A complainant, for purposes of this policy, is any individual, including a person’s duly authorized representative or an interested third party, public agency, or organization who files a written complaint that is governed by this policy.

(cf. 5145.7 - Sexual Harassment)

(cf. 5145.3 - Nondiscrimination/Harassment/Intimidation/Bullying)

(cf. 5131.2 - Bullying)

The Board encourages early resolution of complaints whenever possible. To resolve complaints  that cannot be resolved through an informal process, the Board adopts the uniform system of complaint processes specified in 5 CCR sections 4600-4670 and described herein.

The District shall establish an office entitled District Ombudsperson, who will report to the Superintendent, for the purpose of fair, objective and timely responses to complaints. The District shall protect all complainants from retaliation. In investigating complaints, the confidentiality of the parties involved shall be protected as required by and to the extent permitted by law. For any complaint alleging unlawful discrimination or retaliation (such as discriminatory harassment, intimidation, or bullying), the Superintendent or District Ombudsperson or designee shall keep the identity of the complainant confidential when appropriate and as long as the integrity of the complaint process is maintained.

Complaints Subject to UCP

The District’s UCP shall be used to investigate and resolve the following complaints brought forth by any complainant, which include all complaints related to the matters addressed in Education Code section 33315(a)(1) and as indicated below:

1.            Any complaint alleging District violation of state or federal law or regulations governing the following programs and activities that are implemented by the District, including:  adult education programs; career technical and technical education training programs; child care and development programs; migrant child education; juvenile court schools; school safety plans; deficiencies related to state preschool health and safety issues for a California state preschool program; and any other District-implemented consolidated categorical aid program which are listed in Education Code section 64000(a), including:  programs for tobacco use prevention; bilingual education programs; compensatory education programs; California peer assistance and review programs for teachers; school safety and violence prevention programs.

2.            Any complaint, filed by a student or a student’s duly authorized representative, alleging the occurrence of unlawful discrimination against any student, employee or other person participating in District programs and activities, including, but not limited to, those programs and activities funded directly by or that receive benefit from any state financial assistance.

        Unlawful discrimination includes, but is not limited to, discriminatory harassment, intimidation, or bullying based on the person’s actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code sections 200 or 220, Government Code section 11135, or Penal Code section 422.55, or based on the person’s association with a person or group with one or more of these actual or perceived characteristics.

        Complaints and allegations that, if true, would meet the definition of “sexual harassment” under Title IX of the Education Amendments of 1972 (Title IX), must be addressed in a manner that complies with the applicable Title IX regulations, codified at 34 C.F.R. Part 106, and the UCP.  To accomplish this, these complaints should be processed in accordance with AR 5145.71 - Title IX Sexual Harassment Complaint Procedures.

3.             Any complaint alleging District noncompliance with the requirement to provide reasonable accommodation to a lactating student on school campus to express breast milk, breastfeed an infant child, or address other breastfeeding-related needs of the student

4.            Any complaint alleging District noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities.

5.             Any complaint alleging District noncompliance with legal requirements related to the implementation of the local control and accountability plan.

                The LCAP is an important component of the Local Control Funding Formula (LCFF), the revised school finance system that overhauled how California funds its K-12 schools. Under the LCFF the District is required to prepare an LCAP, which describes how the District  intends to meet annual goals for District pupils, with specific activities to address state and local priorities identified pursuant to Education Code section 52060(d).

6.             Any complaint, by or on behalf of any student who is a foster youth, alleging District noncompliance with any legal requirement applicable to the student regarding placement decisions, the responsibilities of the District’s educational liaison to the student, the award of credit for coursework satisfactorily completed in another school or District, school transfer, or the grant of an exemption from Board-imposed graduation requirements.

7.             Any complaint, by or on behalf of a homeless student, as defined in 42 U.S.C. section 11434a, a former juvenile court school student, a child of a military family, as defined in Education Code section 49701, a student who is a migratory child, as defined in Education Code 54441(a), or a newly arrived immigrant student participating in a “Newcomer Program” as defined in Education Code section 51225.2(a)(6),  who transfers into the District after his/her second year of high school, alleging District noncompliance with any requirement applicable to the student regarding the award of credit for coursework satisfactorily completed in another school or District or the grant of an exemption from Board-imposed graduation requirements.

8.            Any complaint alleging District noncompliance with the requirements of Education Code sections 51228.1 and 51228.2 that prohibit the assignment of a student in grades 9-12 to a course without educational content for more than one week in any semester or to a course the student has previously satisfactorily completed, without meeting specified conditions.

9.             Any complaint alleging District noncompliance with the physical education instructional minutes requirement for students in grades 1 to 6.

10.         Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy.

11.         Any other complaint as specified in a District policy.  However, only complaints listed in Title 5 California Code of Regulation section 4610 may be appealed to the California Department of Education pursuant to the corresponding administrative regulation.

12.         Any other state of federal education program the State Superintendent of Public Instruction deems appropriate or necessary.

Non-UCP Allegations and Complaints

When an allegation that is not subject to the UCP is included in a UCP complaint, the District shall refer the non-UCP allegation to the appropriate staff or agency for further processing.

The following complaints shall be referred to other agencies for appropriate resolution and are not subject to the District’s UCP process set forth in this document unless these procedures are made applicable by separate interagency agreements:

1.             Allegations of child abuse or neglect shall be referred to County Department of Social Services (DSS), Protective Services Division or appropriate law enforcement agency.

2.            Health and safety complaints regarding licensed facilities operating a Child Development Program shall be referred to the Department of Social Services (DSS).

3.             Any complaint alleging unlawful discrimination, sexual harassment or related retaliation in employment shall be processed in accordance with Board Policy 4030 - Nondiscrimination in Employment, Board Policy and Administrative Regulation 4119.11 - Sexual Harassment, and/or Administrative Regulation 4119.12 – Title IX Sexual Harassment Complaint Procedures, and they shall be referred to the California Department of Fair Employment and Housing (DFEH), as is applicable or required. The complainant shall be notified in writing in a timely manner of any DFEH transferal.

Any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments shall be investigated and resolved in accordance with Administrative Regulation 1312.4 - Williams Uniform Complaint Procedures.

These procedures do not apply to complaints related to special education programs, which are governed by Title 34 Code of Federal Regulations sections 300.151 through 300.153 and by Title 5 California Code of Regulation section 3080 et seq.

These procedures do not apply to complaints regarding child nutrition programs, which are governed by Title 34 Code of Federal Regulations sections 210.19(a)(4), 215.1(a), 220.13(c), 225.11(b), 226.6(n) and 250.15(d) and by Title 5 California Code of Regulation section 15580 et seq.

Notice and Record Keeping

The Superintendent or District Ombudsperson shall provide the Board with quarterly updates about the state of complaints in the District.

The Superintendent or District Ombudsperson or designee shall provide training to District staff to ensure awareness and knowledge of current law and related requirements related to UCP, including the steps and timelines specified in this policy and the accompanying administrative regulation.

The Superintendent or District Ombudsperson or designee shall maintain records of each complaint and subsequent related actions, including steps taken during the investigations and all information required for compliance with 5 CCR 4600 et seq.

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

8200-8498 Child care and development programs

8500-8538 Adult basic education

18100-18203 School libraries

32280-32289 School safety plan, uniform complaint procedures

35186 Williams uniform complaint procedures

46015 Parental leave for students

48853-48853.5 Foster youth

48985 Notices in language other than English

49010-49014 Student fees

49060-49079 Student records, especially:

49069.5 Records of foster youth

49490-49590 Child nutrition programs

49701 Interstate Compact on Educational Opportunity for Military Children

51210 Courses of study grades 1-6

51222 Physical education, secondary schools

51223 Physical education, elementary schools

51225.1-51225.2 Foster youth, homeless children, former juvenile court school students, military-connected students, migrant students, and newly arrived immigrant students; course credits; graduation requirements

51226-51226.1 Career technical education

51228.1-51228.3 Course periods without educational content

52060-52077 Local control and accountability plan, especially:

52075 Complaint for lack of compliance with local control and accountability plan requirements

52300-52462 Career technical education

52500-52616.24 Adult schools

54400-54425 Compensatory education programs

54440-54445 Migrant education

54460-54529 Compensatory education programs

59000-59300 Special schools and centers

64000-64001 Consolidated application process; school plan for student achievement

65000-65001 School site councils

GOVERNMENT CODE

11135 Nondiscrimination in programs or activities funded by state

12900-12996 Fair Employment and Housing Act

HEALTH AND SAFETY CODE

1596.792 California Child Day Care Act; general provisions and definitions

1596.7925 California Child Day Care Act; health and safety regulations

PENAL CODE

422.55 Hate crime; definition

422.6 Interference with constitutional right or privilege

CODE OF REGULATIONS, TITLE 2

11023 Harassment and discrimination prevention and correction

CODE OF REGULATIONS, TITLE 5

3080 Applicability of uniform complaint procedures to complaints regarding students with disabilities

4600-4670 Uniform complaint procedures

4680-4687 Williams uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1221 Application of laws

1232g Family Educational Rights and Privacy Act

1681-1688 Title IX of the Education Amendments of 1972

6301-6576 Title I Improving the Academic Achievement of the Disadvantaged

6801-7014 Title III language instruction for limited English proficient and immigrant students

UNITED STATES CODE, TITLE 29

794 Section 504 of Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended

2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964

6101-6107 Age Discrimination Act of 1975

12101-12213 Title II equal opportunity for individuals with disabilities

CODE OF FEDERAL REGULATIONS, TITLE 28

35.107 Nondiscrimination on basis of disability; complaints

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy Act

100.3 Prohibition of discrimination on basis of race, color or national origin

104.7 Designation of responsible employee for Section 504

106.8 Designation of responsible employee for Title IX

106.9 Notification of nondiscrimination on basis of sex

110.25 Notification of nondiscrimination on the basis of age

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Uniform Complaint Procedure 2020-21 Program Instrument

Sample UCP Board Policies and Procedures

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter, September 22, 2017

Dear Colleague Letter:  Title IX Coordinators, April 2015

Dear Colleague Letter:  Responding to Bullying of Students with Disabilities, October 2014

Dear Colleague Letter:  Harassment and Bullying, October 2010

Revised Sexual Harassment Guidance:  Harassment of Students by School Employees, Other Students, or Third Parties, January 2001

U.S. DEPARTMENT OF JUSTICE PUBLICATIONS

Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 2002

WEB SITES

CSBA:  http://www.csba.org

California Department of Education:  http://www.cde.ca.gov

Family Policy Compliance Office:  https://www2.ed.gov/policy/gen/guid/fpco

U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/ocr

U.S. Department of Justice:  http://www.justice.gov

Policy WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

adopted: November 7, 2007 Richmond, California

revised: April 16, 2008

revised: November 6, 2013

revised: January 8, 2014

revised: March 4, 2015

revised: January 6, 2016

revised: April 27, 2016

revised: November 2, 2016

revised: June 28, 2017

revised: March 7, 2018

revised: October 17, 2018

revised: February 26, 2020

revised:  November 4, 2020

7.6        ADMINISTRATIVE REGULATION 1312.3: UNIFORM COMPLAINT PROCEDURES

Board Policy Manual

West Contra Costa Unified School District

Except as the Governing Board may otherwise specifically provide in other district policies, these uniform complaint procedures (UCP) shall be used to investigate and resolve only the complaints specified in BP 1312.3.

Compliance Officers

The district designates the individual(s), position(s), or unit(s) identified below as responsible for coordinating the district's response to complaints and for complying with state and federal civil rights laws. The individual(s), position(s), or unit(s) also serve as the compliance officer(s) specified in AR 5145.3 - Nondiscrimination/Harassment responsible for handling complaints regarding unlawful discrimination (such as discriminatory harassment, intimidation, or bullying). The compliance officer(s) shall receive and coordinate the investigation of complaints and shall ensure district compliance with law.

District Ombudsperson

1108 Bissell Avenue

Richmond, CA  94801

Telephone: (510)  307-7861

Facsimile: (510)  236-0662

Email:  jespinoza2@wccusd.net 

The compliance officer who receives a complaint may assign another compliance officer to investigate and resolve the complaint. The compliance officer shall promptly notify the complainant and respondent, if applicable, if another compliance officer is assigned to investigate the complaint.

In no instance shall a compliance officer be assigned to a complaint in which the compliance officer has a bias or conflict of interest that would prohibit the fair investigation or resolution of the complaint.  Any complaint against a compliance officer or that raises a concern about the compliance officer's ability to investigate the complaint fairly and without bias shall be filed with the Superintendent or Ombudsperson or designee who shall determine how the complaint will be investigated.

The Superintendent or designee shall ensure that employees assigned to investigate and resolve complaints receive training and are knowledgeable about the laws and programs at issue in the complaints to which they are assigned. Training provided to such employees shall cover current state and federal laws and regulations governing the program, applicable processes for investigating and resolving complaints, including those alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), applicable standards for reaching decisions on complaints, and appropriate corrective measures. Assigned employees may have access to legal counsel as determined by the Superintendent or Ombudsperson or designee.

The compliance officer or, if necessary, any appropriate administrator shall determine whether interim measures are necessary during and pending the result of an investigation.  If interim measures are determined to be necessary, the compliance officer or the administrator shall consult with the Superintendent, the Superintendent's designee, or, if appropriate, the site principal to implement one or more interim measures.  The interim measures shall remain in place until the compliance officer determines that they are no longer necessary or until the district issues its final written decision, whichever occurs first.

Notifications

The district's UCP policy and administrative regulation shall be posted in all district schools and offices, including staff lounges and student government meeting rooms.  (Education Code 234.1)

In addition, the Superintendent or designee shall annually provide written notification of the district's UCP to students, employees, parents/guardians of district students, district advisory committee members, school advisory committee members, appropriate private school officials or representatives, and other interested parties.  ( 5 CCR 4622)

The notice shall include:

1.  A statement that the district is primarily responsible for compliance with federal and state laws and regulations, including those related to prohibition of unlawful discrimination, harassment, intimidation, or bullying against any protected group and all programs and activities that are subject to UCP as identified in the section "Complaints Subject to UCP" in the accompanying Board policy
   
2. A statement that a complaint regarding student fees or the local control and accountability plan (LCAP) may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint
   
3. A statement that a student enrolled in a public school shall not be required to pay a fee for participation in an educational activity that constitutes an integral fundamental part of the district's educational program, including curricular and extracurricular activities
   
4. A statement that a complaint regarding student fees must be filed no later than one year from the date the alleged violation occurred
   
5. A statement that the district will post a standardized notice of the educational rights of foster youth, homeless students, former juvenile court school students now enrolled in the district, children of military families, migrant students, and immigrant students enrolled in a newcomer program, as specified in Education Code 48853, 48853.5, 49069.5, 51225.1, and 51225.2, and the complaint process
   
6. Identification of the responsible staff member(s), position(s), or unit(s) designated to receive complaints
   
7. A statement that complaints will be investigated in accordance with the district's UCP and a written decision will be sent to the complainant within 60 days from the receipt of the complaint, unless this time period is extended by written agreement of the complainant
   
8. A statement that the complainant has a right to appeal the district's decision to CDE by filing a written appeal, including a copy of the original complaint and the district's decision, within 15 days of receiving the district's decision
   
9. A statement advising the complainant of any civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal antidiscrimination laws, if applicable
   
10. A statement that copies of the district's UCP are available free of charge

The annual notification, complete contact information of the compliance officer(s), and information related to Title IX as required pursuant to Education Code 221.61 shall be posted on the district web site and may be provided through district-supported social media, if available.

The Superintendent or Ombudsperson or designee shall ensure that all students and parents/guardians, including students and parents/guardians with limited English proficiency, have access to the relevant information provided in the district's policy, regulation, forms, and notices concerning the UCP.

If 15 percent or more of students enrolled in a particular district school speak a single primary language other than English, the district's policy, regulation, forms, and notices concerning the UCP shall be translated into that language, in accordance with Education Code 234.1 and 48985.  In all other instances, the district shall ensure meaningful access to all relevant UCP information for parents/guardians with limited English proficiency.

Filing of Complaint

The complaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a code number and a date stamp.

All complaints shall be filed in writing and signed by the complainant.  If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint.  (5 CCR 4600)

Complaints shall also be filed in accordance with the following rules, as applicable:

1. A complaint alleging district violation of applicable state or federal law or regulations governing the programs specified in the accompanying Board policy (item #1 of the section "Complaints Subject to UCP") may be filed by any individual, public agency, or organization.  (5 CCR 4630)
   
2. Any complaint alleging noncompliance with law regarding the prohibition against   student fees, deposits, and charges or any requirement related to the LCAP may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance.  A complaint about a violation of the prohibition against the charging of unlawful student fees may be filed with the principal of the school or with the Superintendent or Ombudsperson or designee.  However, any such complaint shall be filed no later than one year from the date the alleged violation occurred.  (Education Code 49013, 52075; CCR 4630)
   
3. A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that  they personally suffered  unlawful discrimination, or   who believes that an individual or any specific class of individuals has been subjected to  unlawful discrimination.  The complaint shall be initiated no later than six months from the date that the alleged unlawful discrimination occurred, or six months from the date that the complainant first obtained knowledge of the facts of the alleged unlawful discrimination.  The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.  (5 CCR 4630)
    
4. When a complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) is filed anonymously, the compliance officer shall pursue an investigation or other response as appropriate, depending on the specificity and reliability of the information provided and the seriousness of the allegation.
   
5. When the complainant  of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) or the alleged victim, when not the complainant, requests confidentiality, the compliance officer shall inform the complainant or victim that the request may limit the district's ability to investigate the conduct or take other necessary action.  When honoring a request for confidentiality, the district shall nevertheless take all reasonable steps to investigate and resolve/respond to the complaint consistent with the request.

Investigation of Complaint

Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.

Within one business day of initiating the investigation, the compliance officer shall provide the complainant and/or  the complainant's representative with the opportunity to present the information contained in the complaint to the compliance officer and shall notify the complainant and/or representative of the opportunity to present the compliance officer with any evidence, or information leading to evidence, to support the allegations in the complaint.  Such evidence or information may be presented at any time during the investigation.

In conducting the investigation, the compliance officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation.   The compliance officer shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place. At appropriate intervals, the compliance officer shall inform both parties of the status of the investigation.

To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the compliance officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.

A complainant's refusal to provide the district's investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation or engagement in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegation. Similarly, a respondent's refusal to provide the district's investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in a finding, based on evidence collected, that a violation has occurred and in the imposition of a remedy in favor of the complainant.  (5 CCR 4631)

In accordance with law, the district shall provide the investigator with access to records and other information related to the allegation in the complaint and shall not in any way obstruct the investigation.  Failure or refusal of the district to cooperate in the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant.  (5 CCR 4631)

The compliance officer shall apply a "preponderance of the evidence" standard in determining the veracity of the factual allegations in a complaint.  This standard is met if the allegation is more likely to be true than not.

Timeline for Final Decision

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, a written report, as described in section "Final Written Decision" below, within 60 calendar days of the district's receipt of the complaint.  (5 CCR 4631)

For any complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, and bullying), the respondent shall be informed of any extension of the timeline agreed to by the complainant. The respondent also shall be sent the district's final written decision at the same time it is provided to the complainant.

Final Written Decision

For all complaints, the decision shall include:  (5 CCR 4631)

1. The findings of fact based on the evidence gathered. In reaching a factual determination, the following factors may be taken into account:
   

1.  Statements made by any witnesses
   
2. The relative credibility of the individuals involved
   
3. How the complaining individual reacted to the incident
   
4. Any documentary or other evidence relating to the alleged conduct
   
5. Past instances of similar conduct by any alleged offenders
   
6. Past false allegations made by the complainant
   

2. The Conclusion(s) of law
   
3. Disposition of the complaint
   
4. The rationale for such a disposition
   
   For complaints of retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the disposition of the complaint shall include a determination for each allegation as to whether retaliation or unlawful discrimination has occurred.

The determination of whether a hostile environment exists may involve consideration of the following:

1. The manner in which the misconduct affected one or more students' education
   
2. The type, frequency, and duration of the misconduct
   
3. The relationship between the alleged victim(s) and offender(s)
   
4. The number of persons engaged in the conduct and at whom the conduct was directed
   
5. The size of the school, location of the incidents, and context in which they occurred
   
6. Other incidents at the school involving different individuals
   

5. Corrective action(s), including any actions that have been taken or will be taken to address the allegations in the complaint and including, with respect to a student fees complaint, a remedy that comports with Education Code 49013 and 5 CCR 4600
   
   For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include:
   

1. The corrective actions imposed on the respondent
   
2. Individual remedies offered or provided to the complainant or another person who was the subject of the complaint, but this information should not be shared with the respondent
   
3. Systemic measures the school has taken to eliminate a hostile environment and prevent recurrence
   

6. Notice of the complainant's and respondent's right to appeal the district's decision to the CDE within 15 calendar days, and procedures to be followed for initiating such an appeal.

The decision may also include follow-up procedures to prevent recurrence or retaliation and for reporting any subsequent problems.

In consultation with district legal counsel, information about the relevant part of a decision may be communicated to a victim who is not the complainant and to other parties who may be involved in implementing the decision or are affected by the complaint, as long as the privacy of the parties is protected. In a complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, and bullying), notice of the district's decision to the alleged victim shall include information about any sanction to be imposed upon the respondent that relates directly to the alleged victim.

If the complaint involves a limited-English-proficient student or parent/guardian and the student involved is enrolled in a school at which 15 percent or more of the students speak a single primary language other than English, then the decision shall also be translated into that language pursuant to Education Code 48985. In all other instances, the district shall ensure meaningful access to all relevant information for parents/guardians with limited English proficiency.

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:

1. The complainant may pursue available civil law remedies outside of the district's complaint procedures, including, seeking assistance from mediation centers or public/private interest attorneys, 60 calendar days after the filing of an appeal with the CDE.  (Education Code 262.3)
   
2. The 60 days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law.  (Education Code 262.3)
   
3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within 180 days of the alleged discrimination.

Corrective Actions

When a complaint is found to have merit, the compliance officer shall adopt any appropriate corrective action permitted by law.  Appropriate corrective actions that focus on the larger school or district environment may include, but are not limited to, actions to reinforce district policies; training for faculty, staff, and students, updates to school policies; or school climate surveys.

For complaints involving retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), appropriate remedies that may be offered to the victim but not communicated to the respondent may include, but are not limited to, the following:

1. Counseling
   
2. Academic support
   
3. Health services
   
4. Assignment of an escort to allow the victim to move safely about campus
   
5. Information regarding available resources and how to report similar incidents or retaliation
   
6. Separation of the victim from any other individuals involved, provided the separation does not penalize the victim
   
7. Restorative justice
   
8. Follow-up inquiries to ensure that the conduct has stopped and there has been no retaliation
   

For complaints involving retaliation, unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), appropriate corrective actions that focus on a student offender may include, but are not limited to, the following:

1. Transfer from a class or school as permitted by law
   
2. Parent/guardian conference
   
3. Education regarding the impact of the conduct on others
   
4. Positive behavior support
   
5. Referral to a student success team
   
6. Denial of participation in extracurricular or co-curricular activities or other privileges as permitted by law
   
7. Disciplinary action, such as suspension or expulsion, as permitted by law
   

When an employee is found to have committed retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the district shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement.

The district may also consider training and other interventions for the larger school community to ensure that students, staff, and parents/guardians understand the types of behavior that constitute unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), that the district does not tolerate it, and how to report and respond to it.

When a complaint is found to have merit, an appropriate remedy shall be provided to the complainant or other affected person.

However, if a complaint alleging noncompliance with the laws regarding student fees, deposits, and other charges, physical education instructional minutes for students in elementary schools, or any requirement related to the LCAP is found to have merit, the district shall provide a remedy to all affected students and parents/guardians subject to procedures established by regulation of the State Board of Education.  (Education Code 49013, 51223, 52075)

For complaints alleging noncompliance with the laws regarding student fees, the district shall attempt in good faith, by engaging in reasonable efforts, to identify and fully reimburse all affected students and parents/guardians who paid the unlawful student fees within one year prior to the filing of the complaint.  (Education Code 49013; 5 CCR 4600)

Appeals to the California Department of Education

Any complainant who is dissatisfied with the district's final written decision on a complaint regarding any specified federal or state educational program subject to UCP may file an appeal in writing with the CDE within 15 days of receiving the district's decision.  ( 5 CCR 4632)

The complainant shall specify the basis for the appeal of the decision and how the facts of the district's decision are incorrect and/or the law has been misapplied. The appeal shall be sent to CDE with with a copy of the original locally filed complaint and a copy of the district's decision in that complaint .  (5 CCR 4632)

When a respondent in any complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, and bullying) is dissatisfied with the district's final written decision, the respondent, in the same manner as the complainant, may file an appeal with CDE.

Upon notification by the CDE that the   district's decision has been appealed, the Superintendent or Ombudsperson or designee shall forward the following documents to the CDE:  (5 CCR 4633)

1. A copy of the original complaint
   
2. A copy of the decision
   
3. A summary of the nature and extent of the investigation conducted by the district, if not covered by the decision
   
4. A copy of the investigation file including, but not limited to, all notes, interviews, and documents submitted by the parties and gathered by the investigator
   
5. A report of any action taken to resolve the complaint
   
6. A copy of the district's uniform complaint procedures
   
7. Other relevant information requested by the CDE

7.7         BOARD POLICY 5131: STUDENT CONDUCT

The West Contra Costa Unified School District Board of Education, hereinafter referred to as the Board, is committed to equal opportunity for all individual in education within a safe school environment that allows all students equal access and opportunities to all of the District's programs and activities, including academic programs, educational supports, services and enrichment activities.

The Board is committed to providing a safe educational environment and positive school climate to all students. In the West Contra Costa Unified School Districts, all students have the right to be educated in a positive and safe environment that is free from disruption.

Students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of others or interfere with District programs while on school grounds, while going to or coming from school, while at school activities on or off school grounds, while on district transportation, or while otherwise in a District program or activity.

The Superintendent or designee shall ensure that each school site develops standards of student conduct and discipline in compliance with District policies and administrative regulations. Students and parents/guardians shall be notified of District and school standards of conduct.

Prohibited student conduct includes, but is not limited to:

1.         Conduct that endangers students, staff, or others, including, but not limited to, physical violence, possession of a firearm or other weapon, and terrorist threats;

2.         Discrimination, harassment, intimidation, or bullying of students or staff, including sexual and gender-based harassment, hate-motivated behavior, cyberbullying, or initiation activity, extortion, or any other verbal, written, or physical conduct that causes or threatens to cause violence, bodily harm or substantial disruption;

3.         Conduct that disrupts the orderly classroom or school environment;

4.         Willful defiance of staff's authority. School sites will develop standards that define defiance in a clear and nondiscriminatory way that minimizes discretion, and will establish safeguards to ensure standards are enforced in a nondiscriminatory manner;

5.         Damage to or theft of property belonging to students, staff, or the district. The District shall not be responsible for students' personal belongings which are brought or campus or to a school activity and are lost, stolen, or damaged;

6.         Obscene acts or use of profane, vulgar, or abusive language;

7.        Possession, use, or being under the influence of tobacco, alcohol, or other prohibited drugs;

8.         Possession or use of laser pointers on school premises, unless used for a valid instructional or other school-related purpose, including employment (Penal Code 417.27). Prior to bringing a laser pointer on school premises for a valid instructional or school-related purpose, a student shall obtain permission from the principal or designee;

9.         Use of a cellular/digital telephone, pager, or other mobile communications device during instructional time, unless such use is necessary to accommodate a student with a disability.

1. Such devices shall be turned off in class, except when being used for a valid instructional or other school-related purpose as determined by the teacher or other district employee, and at any other time directed by a District employee. Any device with camera, video, or voice recording function shall not be used in any manner which infringes on the privacy rights of any other person.

2. No student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician or surgeon to be essential for the student's health and the use of which is limited to purposes related to the student's health (Education Code 48901.5);

10.        Plagiarism or dishonesty in school work or on tests;

11.         Inappropriate attire. School sites will adopt clear and fair standards to notify students of what is considered inappropriate;

12.         Tardiness or unexcused absence from school; and

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

Employees are expected to provide appropriate supervision to enforce standards of conduct and, if they observe or receive a report of a violation of these standards, to immediately intervene or call for assistance. If an employee believes a matter has not been resolved, the employee shall refer the matter to their supervisor or administrator for further investigation.

When a school official suspects that a search of a student or their belongings will turn up evidence of the student's violation of the law or school rules, such a search shall be conducted in accordance with Board Policy /Administrative Regulation 5145.12 - Search and Seizure.

When a student uses any prohibited device, or uses a permitted device in any unethical or illegal activity, a district employee may confiscate the device. The employee shall store the item in a secure manner until an appropriate time.

Students who violate district or school rules and regulations may be subject to discipline or other interventions including, but not limited to, suspension, expulsion, transfer to alternative programs, referral to a student success team or counseling services, or denial of participation in extracurricular or co-curricular activities or other privileges in accordance with Board policy and administrative regulation. The Superintendent or designee shall notify local law enforcement as appropriate.

Students also may be subject to discipline in accordance with law, Board policy, and administrative regulation for any off-campus conduct during non-school hours which poses a threat or danger to the safety of students, staff, or district property or substantially disrupts school activities.

Legal Reference:

EDUCATION CODE

200-262.4  Prohibition of discrimination

32280-32289  Comprehensive safety plan

35181  Governing board authority to set policy on responsibilities of students

35291-35291.5  Rules

44807  Duty concerning conduct of students

48900-48925  Suspension and expulsion

51512  Prohibition against electronic listening or recording device in classroom without permission

CIVIL CODE

1714.1  Liability of parents and guardians for willful misconduct of minor

PENAL CODE

288.2  Harmful matter with intent to seduce

313  Harmful matter

417.25-417.27  Laser scope or laser pointer

647  Use of camera or other instrument to invade person's privacy; misdemeanor

653.2  Electronic communication devices, threats to safety

VEHICLE CODE

23123-23124  Prohibitions against use of electronic devices while driving

CODE OF REGULATIONS, TITLE 5

300-307  Duties of students

UNITED STATES CODE, TITLE 42

2000h-2000h6 Title IX, 1972 Education Act Amendments

COURT DECISIONS

J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094

LaVine v. Blaine School District, (2000, 9th Cir.) 257 F.3d 981

Emmett v. Kent School District No. 415, (2000) 92 F.Supp. 1088

Bethel School District No. 403 v. Fraser, (1986) 478 U.S. 675

New Jersey v. T.L.O., (1985) 469 U.S. 325

Tinker v. Des Moines Independent Community School District, (1969) 393 U.S. 503

Management Resources:

CSBA PUBLICATIONS

Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011

Providing a Safe, Nondiscriminatory School Environment for All Students, Policy Brief, April 2010

Cyberbullying: Policy Considerations for Boards, Policy Brief, July 2007

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Bullying at School, 2003

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Safe Schools Office: http://www.cde.ca.gov/ls/ss

Center for Safe and Responsible Internet Use: http://cyberbully.org

National School Boards Association: http://www.nsba.org

National School Safety Center: http://www.schoolsafety.us

U.S. Department of Education: http://www.ed.gov

Policy WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

adopted:  August 20, 2008        Richmond, California

revised:  July 8, 2009

revised:  May 23, 2012

revised:  March 12, 2014

7.8        BOARD POLICY 5137: POSITIVE SCHOOL CLIMATE

Board Policy Manual

West Contra Costa Unified School District

The West Contra Costa Unified School District Board of Education, hereinafter referred to as the Board, is committed to equal opportunity for all individuals in education within a safe school environment that allows all students equal access and opportunities to all of the District’s programs and activities, including academic programs, educational supports, services, and enrichment activities.

The Board is committed to providing a safe educational environment and positive school climate to all students. In the West Contra Costa Unified School District, all students have the right to be educated in a positive and safe environment that is free from disruption.

Students shall be expected to exhibit appropriate conduct that does not infringe upon the rights of  others or interfere with District programs while on school grounds, while going to or coming from school, while at school activities on or off school grounds, while on District transportation, or while otherwise in a District program or activity (Board Policy 5131 – Student Conduct).

All staff are expected to serve as role models for students by demonstrating positive, professional  attitudes and respect toward each student and other staff members. Teachers shall use effective classroom management techniques based on clear expectations for student behavior. Staff shall  consistently enforce Board policies and regulations which establish rules for appropriate student conduct (Board Policy 5131 – Student Conduct).

The District’s curriculum shall include age-appropriate character education which includes, but is not limited to, the principles of equality, human dignity, mutual respect, fairness, honesty, and citizenship. Teachers are encouraged to employ cooperative learning strategies that foster positive interactions in the classroom among students from diverse backgrounds.  

The Superintendent or designee may develop other strategies to enhance students' feelings of connectedness with the schools, such as campus beautification projects, development of extracurricular activities and after-school programs, pairing of adult mentors with individual  students, recognition of student achievement, and encouragement of strong family and  community involvement in the schools.  

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 schools shall promote nonviolent conflict resolution techniques to encourage attitudes and  behaviors that foster harmonious relations. Students shall be taught the skills necessary to reduce  violence, including, but not limited to, communication, anger management, bias reduction, and  mediation skills.

All District staff shall receive professional development to sustain a positive school climate, including, but not limited to, classroom management, conflict resolution techniques, and communications with students, parents/guardians, and colleagues.

Legal Reference:

EDUCATION CODE

233-233.8 Hate violence prevention

32280-32289 School safety plans

32295.5 Teen court programs

35181 Governing board policy on responsibilities of students

35291-35291.5 Rules

44807 Teachers' duty concerning conduct of students

48900-48925 Suspension and expulsion

Management Resources:

CSBA PUBLICATIONS

Cyberbullying: Policy Considerations for Boards, Policy Brief, July 2007

Protecting Our Schools: Governing Board Strategies to Combat School Violence, rev. 1999

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Bullying at School, 2003

Creating Safe and Drug-Free Schools: An Action Guide, 1996

U.S. DEPARTMENT OF EDUCATION PUBLICATIONS

Preventing Bullying: A Manual for Schools and Communities, 1998

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Learning Support: http://www.cde.ca.gov/ls

National School Safety Center: http://www.schoolsafety.us

U.S. Department of Education, Office of Safe and Drug-Free

Schools: http://www.ed.gov/offices/OESE/SDFS

adopted: August 20, 2008

revised: March 12, 2014

7.9        BOARD POLICY BP 5145.3: NONDISCRIMINATION, HARASSMENT, INTIMIDATION, & BULLYING

Board Policy Manual

West Contra Costa Unified School District

The West Contra Costa Unified School District Board of Education, hereinafter referred to as the Board, is committed to equal opportunity for all individuals in education within a safe school environment that allows all students equal access and opportunities to all of the district's programs and activities, including academic programs, educational support, services, and enrichment activities.

The Board is committed to providing a safe educational environment and positive school climate to all students. In the West Contra Costa Unified School District, all students have the right to be educated in a positive and safe environment that is free from harassment and discrimination.

The Board is committed to providing a safe school environment that allows all students equal access and opportunities in the District's academic and other educational support programs, services, and activities.

This policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the local educational agency, and all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency.

The Board prohibits, at any district school, school activity, or attendance within a school under the jurisdiction of the superintendent of the school district, unlawful discrimination, harassment, intimidation, and bullying of any student based on the student's actual race, color, ancestry, national origin, immigration status, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or gender expression; the perception of one or more of such characteristics, or association with a person or group with one or more of these actual or perceived characteristics. For questions or complaints, contact Equity Compliance Officer|Title IX Coordinator: Jose Espinoza, 1108 Bissell Avenue, Richmond, CA 94801, (510) 231­-1118, jespinoza2@wccusd.net; and Section 504: (510) 307-4633; Executive Directors' Office by school area. Area 1- DiShawn Givens, Area 2 - Jawan Eldridge, Area 3 - Vacant, 1108 Bissell Ave., Richmond, CA 94801, (510) 231-1483.

Gender identity is a person's personal sense of gender (e.g., being a boy or a girl), which may or may not be the same as their biological sex at birth. For transgender persons, the sex at birth (i.e., male or female) does not match their own internal sense of their gender identity. Since gender identity is internal, it isn't necessarily visible to others. Gender expression is a person's external manifestation of their gender identity. Gender expression is visible to others - it's the way a person expresses their gender identity through clothing, behavior, posture, mannerisms, speech patterns, activities and more.

The Board prohibits discrimination or harassment of any student by any employee, student or other person in the district. Staff shall be alert and immediately responsive to conduct that interferes with a student's ability to participate in or benefit from school services, activities or privileges.

The Board hereby designates the following person as Compliance Officer to handle complaints regarding discrimination and inquiries regarding the district's nondiscrimination policies:

Jose Espinoza

Director, Office of Educational Equity | Title IX Coordinator | Equity Compliance Officer

1108 Bissell Avenue,

Richmond, CA 94801

Tel: (510) 231-1118

Email: jespinoza2@wccusd.net  

Any student who feels they are being or have been harassed while on school grounds, while going to or coming from school, while at school activities on or off school grounds, while on district transportation, or while otherwise in a district program or activity is encouraged to immediately contact a teacher or any other employee. Any student who observes an incident of harassment should report the harassment to a school employee, whether or not the victim files a complaint.

An employee who receives such a complaint, otherwise becomes aware, or personally observes possible harassment shall intervene when it is safe to do so and immediately report it to the District's Compliance Officer or the principal or vice principal of the relevant school site. Such reports will be processed in accordance with Administrative Regulation 5145.7.

7.10 ADMINISTRATIVE REGULATION 5145.3: DISCRIMINATION, HARASSMENT, INTIMIDATION, AND/OR BULLYING COMPLAINT PROCEDURES

Board Policy Manual

West Contra Costa Unified School District

Purpose and Authority

1.   The West Contra Costa Board of Education (hereinafter referred to as the Board) recognizes that the District must comply with applicable federal and/or state laws and regulations governing discrimination, harassment, intimidation, and/or bullying. The District shall investigate complaints alleging failure to comply with applicable federal and/or state laws and regulations.

2.   The District's obligations include identifying, investigating and documenting possible discrimination, intimidation, harassment (including sexual harassment) or bullying based on a person’s actual or perceived ancestry, color, disability, gender, gender identity, gender expression, immigration status, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics. For questions or complaints, contact Equity Compliance Officer/Title IX Coordinator: Jose Espinoza, 1108 Bissell Avenue, Richmond, CA 94801, (510) 231-1118, jespinoza2@wccusd.net and for Section 504 call (510) 307-4630 or contact our Executive Directors based on your school area. The District shall follow this Administrative Regulation 5145.3 (AR5145.3) to address allegations of such conduct.

3.   The Superintendent shall ensure that employees designated to investigate and resolve complaints are knowledgeable about relevant laws and the programs for which they are responsible. Such employees may have access to legal counsel as determined by the Superintendent or designee.

4.   The Board recognizes that a neutral mediator can often suggest a resolution that is agreeable to all parties. The Superintendent or designee shall ensure that the mediation results are consistent with federal and/or state laws and regulations. Complainants will be informed of the option to participate in mediation, but are not obligated to do so. The complainant will never be asked to work out the problem directly with the person accused; rather, a trained individual will facilitate the mediation process. Complainants have the right to end the process at any time and request an investigation. Mediation is never appropriate in the case of sexual assault.

Compliance Officer

The Board designates the following Compliance Officer to receive and investigate complaints and ensure District compliance with the law:

Jose Espinoza

Director, Office of Educational Equity | Title IX Coordinator | Equity Compliance Officer

1108 Bissell Avenue

Richmond, CA 94801

Phone: (510) 231-1118

Email: jespinoza2@wccusd.net

The Compliance Officer may designate an individual or individuals to investigate complaints under his supervision.

Notifications

This complaint procedure and corresponding complaint form (Attachment A) shall be distributed to every student and family in the Parent/Student Handbook that is sent home every year, and distributed at parent teacher meetings, site council meetings, and to new students as part of the enrollment process. This procedure and the complaint form shall be available at every school site and to every ethnic group in the District, from charter school administrators, from the following administrative offices: Bilingual; Transfer; Preschool; Student Welfare and Attendance; and from Executive Directors and Assistant Superintendents. This procedure and the complaint form shall be distributed to classified and certificated employees at their annual meetings at the beginning of each school year. This procedure shall be distributed in different languages to students of schools where 15% or more students speak a primary language other than English. The District will make additional copies of this procedure and the complaint form available free of charge.

Complaint Procedure

The following procedure shall be used to address all complaints that allege a violation of federal and/or state laws or regulations governing discrimination, harassment, intimidation, and/or bullying.

1.  Filing of a Complaint

Any student, parent/guardian, third party, other individual, or public agency or organization may file a complaint with the Compliance Officer. Complaints alleging discrimination, harassment, intimidation, and/or bullying, including conduct prohibited by the District's Nondiscrimination/Harassment Policy - BP 5145.3, Sexual Harassment Policy - BP 5145.7, and Hate-Motivated Behavior Policy 5145.9, must be made no later than six months from later of (a) the date of the last act of alleged discrimination, harassment, intimidation, and/or bullying, or (b) the date the complainant became aware of the last alleged act. Complaints should be made in writing when possible, preferably using the complaint form provided by the District (Attachment A). If the Compliance Officer or designee receives a report of discrimination, harassment, intimidation or bullying, the Compliance Officer or designee shall inform the individual making the report of the resolution options under this procedure. If the complainant is unable to put a complaint in writing due to reasons such as illiteracy or disability, the Compliance Officer or designee shall help the complainant file the complaint. If a complaint is presented in another written format, such as a letter or email, the District may request that the complainant complete the form. If there is a delay in obtaining a completed form, or the complainant refuses to transfer the information or otherwise complete the form but wishes to pursue the formal complaint process, the District may attach the letter to the form and open an investigation. The District will investigate reports of discrimination, harassment, intimidation or bullying falling under this procedure regardless of whether they are made in writing.

Consistent with the Board's Policies on Nondiscrimination/Harassment - BP 5145.3, Sexual and Gender-Based Harassment - BP 5145.7, and Hate-Motivated Behavior - BP 5145.9, any employee who receives such a complaint, or becomes aware of discrimination, harassment, intimidation or bullying, shall immediately report it to the Compliance Officer or principal or vice principal of the relevant school site. If the principal or vice principal receives such a report, they shall immediately inform the Compliance Officer so that the District may ensure it provides an appropriate response to the incident. If the incident involves a sexual assault, the Compliance Officer will contact law enforcement immediately if the principal or vice principal has not already done so.

2.  Investigation of Discrimination, Harassment, Intimidation, And/Or Bullying Complaints

a.         Within 10 calendar days of receiving the complaint, the Compliance Officer or designee shall meet with the complainant by telephone or in person to allow the complainant and/or their representative(s) an opportunity to present the complaint and any evidence, or information that may lead to evidence, to support the allegation(s) in the complaint.

b.         During the course of the investigation, the Compliance Officer or designee shall collect relevant documents, consider available physical evidence, and interview witnesses with information pertinent to the complaint.

c.         Alternatively or in addition, the complainant or complainant's representative or the other witnesses may also present information relevant to the complaint in writing to the Compliance Officer or designee.

d.         The Compliance Officer or designee may obtain statements from other individuals who were witnesses to the alleged violation or who can provide relevant information concerning the alleged violation and review documents that may provide information relevant to the alleged violation.

e.         Refusal by the complainant to provide the Compliance Officer or designee with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegations.

f.         Refusal by the District to provide the Compliance Officer or designee with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in a finding based on the evidence collected that the violation has occurred and may result in the imposition of a remedy in favor of the complainant.

g.         Throughout the investigation, the Compliance Officer or Designee will maintain ongoing contact with the student allegedly targeted.

3.  Confidentiality

The District respects students' and employees' rights to privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the facts to the extent possible. This includes keeping the identity of the complainant confidential except as necessary to carry out the investigation and implement remedies, as determined by the Compliance Officer or Designee on a case-by-case basis. The Compliance Officer or designee will inform witnesses and others involved in the resolution process of the importance of maintaining confidentiality.

If a complainant requests that the District not reveal their name or other identifiable information to the alleged perpetrator or that no investigation or disciplinary action be pursued, then the Compliance Officer or designee will inform the complainant that honoring the request may limit the ability to respond effectively, and that the District prohibits retaliation. If the complainant continues to request confidentiality, the Compliance Officer or designee must evaluate the request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students; the Compliance Officer will consider factors such as the seriousness of the alleged harassment, the complainant's age, and whether there have been other harassment complaints about the same individual.

If the Compliance Officer or designee determines that the District can honor the student's confidentiality request, the District will take reasonable steps to respond to the complaint consistent with the request.  This may include, for example, increasing monitoring, supervision, or security where the misconduct occurred; providing relevant education for students and employees; counseling the alleged perpetrator if this may be done without indirectly revealing the identity of the complainant; and actions to protect the complainant, such as providing support services, or changing schedules, assignments, or tests.

4.  Interim Measures

The Compliance Officer or designee will consider whether, prior to the final outcome of the investigation, interim steps are necessary to protect the student allegedly targeted and the broader school community.  Examples of interim measures include, but are not limited to:

a.         Notifying the student targeted of how to receive mental and other health services, counseling, and other victim services;

b.         Providing academic support services to the student targeted;

c.         Ensuring no contact between the student targeted and alleged perpetrator in District programs and activities (e.g., through stay away orders); the District will take care to minimize the burden of such steps on the student targeted;

d.         Informing student targeted of option to transfer to a new school or academic program, if desired; and

e.         Informing the student targeted of, how to report any recurring conduct or retaliation.

In the case of alleged sexual assault, the Compliance Officer or designee will take additional steps as necessary to ensure the targeted student is safe. This may include, for example, creating a safety plan and designating an individual at the site level to act as a support person during the investigation.

If the circumstances suggest a threat to others, the Compliance Officer or designee will ensure that the District informs relevant members of the school community. This may include, for example, notifying parents and employees if a student is sexually assaulted on the way home from school, or notifying employees of areas where harassment frequently occurs.

5.  Referral to Law Enforcement, Other Agencies

Some alleged conduct may constitute both a violation of District policies and criminal activity. The Compliance Officer or designee will refer matters to law enforcement and other agencies as appropriate under the law or District policy, and inform the complainant of the right to file a criminal complaint.

The Compliance Officer or designee will follow this procedure regardless of whether the alleged conduct is also being investigated by another agency, unless the fact finding process would impede a law enforcement investigation. In such cases, the Compliance Officer or designee will determine whether interim measures to protect the well-being of the complainant and the school community and prevent retaliation are needed while the law enforcement agency's fact-gathering is in progress. Once notified that law enforcement has completed its gathering of evidence (not the ultimate outcome of the investigation or the filing of any charges), the Compliance Officer or designee will promptly resume and complete its investigation.

6.  Resolution of Complaint

The Compliance Officer or designee will review all relevant evidence gathered to: make factual determinations based on a preponderance of the evidence 1 for each allegation; reach conclusions regarding whether any substantiated conduct constituted discrimination, harassment, intimidation or bullying; and, where discrimination, harassment, intimidation or bullying is found, determine the appropriate remedial action. Remedial action will be designed to end the conduct, prevent its recurrence and address its effects on the student targeted and the broader school community.

Where remedial action includes proposed discipline of an employee, the District's Human Resources Department will give substantial weight to the factual findings, legal conclusions and recommendations of the Compliance Officer or designee in the disciplinary process; consult with the Compliance Officer or designee during the disciplinary process; and inform the Compliance Officer or designee of the final outcome of the disciplinary process.

Examples of appropriate remedial action for harassment, intimidation or bullying include:

a.          Interventions for the individual who engaged in the conduct, such as parent notification, counseling, guidance, education about the impact of the conduct, positive behavior support, referral to a student success team, transfer to alternative programs, denial of participation in extracurricular or co-curricular activities or other privileges, and discipline.

b.         Interventions for the student targeted, such as counseling, academic support, health services, assigning an escort to allow the student to move safely between classes, and instruction on how to report other incidents of harassment or retaliation.

c.         Separating the student targeted and the individual who engaged in the conduct, provided the separation does not penalize the student targeted.

d.         Follow-up inquiries with the student targeted and witnesses to ensure that the conduct has stopped and that they have not experienced any retaliation.

e.         Training or other interventions for the larger school community to ensure that students, staff and parents understand the types of behavior that constitute harassment, intimidation and bullying, that the District does not tolerate it, and how to report it.

The Compliance Officer or designee will contact the student targeted periodically for a reasonable period of time following conclusion of the investigation to determine whether there has been recurrence of the conduct or retaliation, and to assess the effectiveness of the remedial measures.

7.  Notice to Complainant of Resolution of Complaint

a.         Within 60 calendar days of receiving the complaint, the Compliance Officer or designee shall prepare and send to the complainant a written report of the findings and decision, unless the complainant agrees in writing to extend the timeline. The timeline may be extended by the Compliance Officer or designee due to extenuating circumstances. If the timeline is extended, the Compliance Officer or designee will inform the complainant in writing of the extension and reason for the extension.

The report shall include:

  (1)         A statement of the allegations investigated;

  (2)        A summary of the steps taken to investigate the allegations;

  (3)        The findings of fact based on a preponderance of the evidence gathered;

  (4)        The District's conclusion of whether discrimination, harassment, intimidation or bullying did or did not occur;

  (5)        The disposition of the complaint;

  (6)        The rationale for the disposition of the complaint;

  (7)         If the District concluded discrimination, harassment, intimidation or bullying occurred, a description of the District's response;

  (8)          Notice of the complainant's right to appeal to the California Department of Education (CDE) within 15 days of receiving the District's final determination and the procedures to be followed for initiating such an appeal. The appeal to CDE must specify the reason(s) for appealing the District's decision and should include a copy of the original complaint and the district's decision resolving the complaint;

  (9)          For a complaint alleging conduct based on race, color, national origin, sex, gender, gender identity or disability, notice of the right to file a complaint with the United States Department of Education, Office for Civil Rights, and contact information for that agency; and;

(10)         For a discrimination complaint, notice of right to seek civil law remedies no sooner than 60 days after filing an appeal with California Department of Education shall also be provided to the complainant by the District, as described in more detail in Section E of this regulation.

b.        If an employee is disciplined as a result of the complaint, the report will specify all sanctions of which the complainant needs to be aware in order for the sanctions to be fully effective, such as requiring that the employee stay away from the complainant, temporarily or permanently prohibiting the employee from coming to work, or transferring the employee to another work location. The report shall otherwise state that effective action was taken and that the employee was informed of District expectations. The report shall not give any further information as to the nature of the disciplinary action.

8.  Appeals to the California Department of Education or the Office For Civil Rights

The complainant may appeal the District's decision to the California Department of Education within 15 days of the District's written report of findings and decision and that the appeal must specify the reason(s) for appealing the District's decision and should include a copy of the original complaint and the district's decision resolving the complaint.

The complainant may file a complaint with the U.S. Department of Education, Office for Civil Rights within 60 days of the District's written report of findings or within 180 days of the underlying conduct.

9.  Record Keeping

The Compliance Officer or designee will maintain all documentation of complaint investigations and any corrective actions taken in a system that allows the Compliance Officer or others to track incidents by school site and throughout the District.

10.  Retaliation

Complainants and those who participate in the complaint resolution process are protected from retaliation by law and District policy. The Compliance Officer or designee will inform all involved individuals that retaliation is prohibited, and that anyone who feels they have experienced harassment, coercion, intimidation, or discrimination for filing a complaint or participating in the resolution process should inform the Compliance Officer or designee. The District will investigate reports of retaliation and, where retaliation is found, take separate remedial action.

11.  Civil Law Remedies

Nothing in this administrative regulation precludes a complainant from pursuing available civil law remedies outside of the District's discrimination, harassment, intimidation, and/or bullying complaint procedure. Such remedies may include, but are not limited to, mediation centers, public/private interest attorneys, injunctions, and restraining orders. For discrimination complaints, a complainant must wait until sixty (60) calendar days have 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 or discrimination complaints under federal law, and is applicable only if the District has appropriately, and in a timely manner, apprised the complainant of their right to file a complaint. If the complainants elect to seek help and or retain the services of these public or private agencies, the District shall not bear the costs for these services.

For assistance, you may contact:

The U.S. Department of Education, Office for Civil Rights

American Civil Liberties Union

Contra Costa Legal Services

NAACP Legal Defense Fund

approved: May 23, 2014

revised: October 17, 2018

7.11         BOARD POLICY 0415.3  ANTIRACISM

Board Policy Manual

West Contra Costa Unified School District

The Governing Board is committed to the work of antiracism: the conscious and active effort to identify, challenge, and correct racial inequities in the systems and institutions within our schools and community. Racism, explicit or implicit, stands in direct conflict to the fundamental principles of District education. To carry District education into the future, we recognize that we must continually renew and reflect on the roots of racism and develop new ideas to meet the times.

The Governing Board recognizes the impact of racialized harm and racial trauma on the district’s ability to provide such an environment. Racialized harm occurs when biased speech, conduct, or expressions are made against someone of another race. Harm can also occur when racialized slurs are used within schools by people of the same or different race. Racial trauma refers to the mental and emotional injury caused by encounters with racial bias and ethnic discrimination, racism, and hate crimes. Any individual that has experienced an emotionally painful, sudden, and uncontrollable incident of racialized harm is at risk of suffering from racial trauma.

Unjust ideas and policies, and the racial inequity they produce, have shaped us and have had impacts on our society. The Board strives to uncover unconscious biases and practice anti-racism as individuals and as Board members. We challenge ourselves to persist through the discomfort necessary for growth and learning, to deepen our listening and our examination of racism and oppression, and to develop a strong understanding of how our personal experiences and feelings fit into a larger picture of racism and oppression.

Each member of our Governing Board, individually and collectively, is responsible for creating and nurturing an ant- iracist learning environment where each student, staff member, and community partner is a respected and valued member of the District community. The Governing Board is uniquely positioned, and it is our responsibility to identify and dismantle racist ideas and inequitable policies in ourselves and across the District.

Therefore, we commit to supporting anti-racist policies, programs, and practices for our children’s education and well-being, while building strong and inclusive school communities. The Board commits to holding each Board member accountable towards these goals and moving the work of anti-racism forward. We also commit to holding West Contra Costa Unified School District staff, students, and community to living these standards of anti-racism in our schools.

State References                                    Description

Ed. Code 200-262.4                           Prohibition of discrimination

Ed. Code 51007                                         Legislative intent: state policy

Ed. Code 51204.5                              Social sciences instruction; contributions of specified groups

Ed. Code 51501                                         Nondiscriminatory subject matter

Ed. Code 52077                                         Local control and accountability plan

Ed. Code 60040-60052                     Requirements for instructional material

5 CCR 4600-4670                                      Uniform complaint procedure

5 CCR 4900-4965                                  Nondiscrimination in elementary and secondary education programs receiving state or federal financial assistance

Gov. Code 11000                          Definitions

Gov. Code 11135                                                       Prohibition of discrimination

Pen. Code 422.55                                              Definition of hate crime

Pen. Code 422.6                                         Crimes; harassment

Federal References                                  Description

20 USC 6312                                                Local education agency plan 42 USC 2000d - 2000d-7             Title VI, Civil Rights Act of 1964

42 USC 2000e-2000e-17                          Title VII, Civil Rights Act of 1964 as amended 42 USC 2000h-2000h-6            Title IX, Miscellaneous provisions

34 CFR 100.1-100.13                                    Nondiscrimination in federal programs, effectuating Title VI

Management Resources References           Description

CA Civil Rights Department Publication  California Law Prohibits Workplace Discrimination and Harassment

CA Office of the Attorney General         Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues, April 2018

Center for Urban Education Publications Protocol for Assessing Equity-Mindedness in State Policy, 2017 CSBA Publication        Math Misplacement, 2015

CSBA Publication                                The School Board Role in Creating the Conditions for Student Achievement, 2017 African-American Students in Focus: Closing Opportunity and Achievement Gaps for African American Students, 2016

CSBA Publication                                  African-American Students in Focus, Issues 1, 2, & 3, 2016

CSBA Publication                                  Latino Students in California's K-12 Public Schools, 2016

U.S. DOE & U.S. DOJ Civil Rights Div. Dear Colleague Letter: Resource on Confronting Racial Discrimination in Student Discipline, May 2023

U.S. DOE, Office for Civil Rights Pub.         Nondiscrimination in Employment Practices in Education, August 1991

U.S. DOE, Office for Civil Rights Pub. Dear Colleague Letter: Race and School Programming, August 2023 Website                  California Department of Education: http://www.cde.ca.gov

Website                                                California Office of the Attorney General: https://oag.ca.gov/

Website                                                 CSBA: http://www.csba.org

Website                                                 National Museum of African-American History and Culture, Educators Resources: https://nmaahc.si.edu/learn/educators

Website                                               Racial Equity Tools:

https://www.racialequitytools.org

Website                                                 U.S. Department of Education, Office for Civil Rights: https://www2.ed.gov/about/offices/list/ocr/index.html

Website                                                 U.S. Department of Justice, Civil Rights Division: https://www.justice.gov/crt

7.12         BOARD POLICY 5145.7 SEXUAL AND GENDER-BASED HARASSMENT

Board Policy Manual

West Contra Costa Unified School District

BP  5145.7  Students

Sexual and Gender-Based Harassment  

The West Contra Costa Unified School District Board of Education, hereinafter referred to as the Board, is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits sexual and gender-based harassment of students by other students, employees, or other persons, while on school grounds, while going to or coming from school, while at school activities on or off school grounds, while on District transportation, or while otherwise in a District program or activity. The Board also prohibits retaliatory behavior or action against any persons who files a complaint, testifies, or otherwise participates in District complaint procedures.

Sexual Harassment Under District Policy

“Sexual harassment” under District policy means unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions:  (Education Code, § 212.5; 5 CCR § 4916)

1.   Submission to the conduct is explicitly or implicitly made a term or condition of a student’s academic status or progress.

2.   Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.

3.   The conduct has the purpose or effect of having a negative impact on the student’s academic performance or of creating an intimidating, hostile, or offensive educational environment.

4.   Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any District program or activity.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5145.3 – Nondiscrimination, Harassment, Intimidation & Bullying)

(cf. 5145.71 - Title IX Sexual Harassment Complaint Procedures)

Sexual harassment also includes nonconsensual touching and cyber sexual bullying, as defined and prohibited by the California Penal Code and Education Code.

“Non consensual touching,” as defined in Penal Code section 243.4, means touching another person’s intimate part against that person’s will.  “Touch” means direct physical contact or contact through the clothing of either person.  “Intimate part” means sexual organ, anus, groin, or buttocks of any person, or the breast of a female.

“Cyber sexual bullying,” as defined in Education Code section 48900(r)(2)(A)(iii), means electronic dissemination of or solicitation or incitement to electronically disseminate a sexually explicit image or recording, by a student to another student or to school personnel, that causes the student to be in fear of harm, or a substantially detrimental effect on the student’s physical or mental health, or the student’s ability to benefit from the educational environment.

Examples of conduct that may constitute sexual harassment under District policy, if unwelcome, include:

1. Suggestive or obscene letters, notes, invitations, graffiti, jokes, or comments; slurs; epithets; sexual gestures; and displays of sexually suggestive objects, pictures, or cartoons.
2. Groping, sexual touching, leering, and impeding or blocking movement.
3. Sexual conduct that would be considered criminal activity, including sexual assault and sexual exploitation.
4. Continuing to express sexual interest after being informed that the interest is unwelcome (reciprocal attraction, among peers, is not considered sexual harassment).
5. Threatening to withhold grades earned or deserved or suggesting a scholarship recommendation or college application will be denied, as a condition of receiving sexual favors.
6. Engaging in sexual behavior to control, influence, or affect the educational opportunities, grades, and/or learning environment of a student.
7. Offering favors or educational benefits, such as grades, assessments, assignments, and recommendations in exchange for sexual favors.
8. Inappropriate sexual touching between students that, even if consensual, contributes to a sexually charged environment for other students who witness the behavior.
9. Any sexual conduct or expression of sexual interest by an adult toward a student regardless of reciprocity.

Gender-Based Harassment Under District Policy

Gender-based harassment is sexual harassment and includes acts of verbal, nonverbal, or physical aggression, intimidation, or hostility that are based on sex, although they are not necessarily sexual in nature. Prohibited conduct includes harassment of a student for exhibiting what is perceived as a stereotypical characteristic for their sex, or for nonconformance with stereotypical notions of masculinity and femininity.

“Gender” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” (Education Code §210.7).

“Gender identity” refers to a person’s gender-related identity, appearance or behavior whether or not different from that traditionally associated with the person’s physiology or assigned sex at birth.

“Gender expression” refers to external cues that one uses to represent or communicate one’s gender to others, such as behavior, clothing, hairstyles, activities, voice, mannerisms, or body characteristics.

“Transgender” describes people whose gender identity is different from that traditionally associated with their assigned sex at birth. “Transgender boy” and “transgender male” refer to an individual assigned the female sex at birth who has a male gender identity. “Transgender girl” and “transgender female” refer to an individual assigned the male sex at birth who has a female gender identity. An individual can express or assert a transgender gender identity in a variety of ways, which may but do not always include specific medical treatments or procedures. Medical treatments or procedures are not considered a prerequisite for one’s recognition as transgender.

“Gender nonconformity” refers to one’s gender expression, gender characteristics, or gender identity that does not conform to gender stereotypes “typically” associated with one’s legal sex assigned at birth, such as “feminine” boys, “masculine” girls and those who are perceived as androgynous. Sexual orientation is not the same as gender identity. Not all transgender youth identify as gay, lesbian or bisexual, and not all gay, lesbian and bisexual youth display gender-nonconforming characteristics.

Examples of conduct that may constitute gender-based harassment include:

1. Disparaging remarks made to a student or aggression toward a student because that student displays mannerisms or a style of dress perceived as indicative of the other sex.
2. Hostility toward a student because that student participates in an athletic activity more typically favored by a student of the other sex.
3. Intimidating a student to discourage that student from enrolling in a particular area of study because of his/her gender.
4. Use of gender-specific slurs, whether written or spoken.
5. Taunting a student who wishes to participate in an extracurricular activity because that activity is more typically favored by a student of the other sex.

Any conduct prohibited under this policy, whether it be sexual harassment or gender-based harassment, that occurs off-campus or outside of school-related or school-sponsored programs or activities will be regarded as sexual harassment in violation of District policy, if it has a continuing effect on or creates a hostile school environment for the targeted student.  Moreover, any conduct that meets the definition of “sexual harassment” under Title IX of the Education Amendments of 1972 (Title IX), as detailed below, is prohibited under District policy.

Sexual Harassment Under Title IX

Some sexual harassment prohibited by District policy, as described above, may also be prohibited under Title IX.  Under Title IX, sexual harassment toward a student means conduct on the basis of sex that satisfies at least one of the following:

1.  An employee conditioning the provision of an aid, benefit, or service of the District on the student-victim’s participation in unwelcome sexual conduct.
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student equal access to the District’s educational program or activity.
3. Sexual assault, dating violence, domestic violence, or stalking as defined in 20 U.S.C. § 1092 or 34 U.S.C. § 12291.

“Sexual assault” means actual or intentional physical sexual acts against a person without consent that may include:  rape, rape and seduction, sodomy, lewd and lascivious acts, oral copulation, sexual penetration, sexual battery, and sexual assault, as defined under Education Code section 48900(n) and Penal Code section 261, 266c, 286, 288, 288a, 289 and 243.4.

“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. (34 U.S.C. § 12291(a)(10).)

“Domestic violence” means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws.  (Ed. Code, § 48900, subd. (n).)

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.  (34 U.S.C. § 12291(a)(30).)

“Without consent” or “against that person’s will” may include:  force, duress, violence, fear of immediate harm, or one’s inability to consent.

Reporting Allegations of Sexual Harassment

Any student who feels that they are being or have been harassed based on sex or gender while on school grounds, while going to or coming from school, while at school activities on or off school grounds, while on District transportation, or while otherwise in a District program or activity, is encouraged to immediately contact a teacher or any other employee.

An employee who receives such a complaint, or otherwise becomes aware of or personally observes possible sexual or gender-based harassment shall immediately report it to the District’s Title IX Coordinator, or the principal or vice principal of the relevant school site. Once notified, the Title IX Coordinator, principal, vice principal, or designee shall take the steps to address the complaint or report in a manner that is consistent with the appropriate administrative regulation.  Appropriate supportive measures shall also be offered to the complainant-victim upon receipt of any complaint or report.

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.71 - Title IX Sexual Harassment Complaint Procedures)

Notice and Instruction Related to District Policy on Sexual Harassment

The Superintendent or designee shall inform students and parents/guardians of the District’s sexual harassment policy by disseminating it through parent/guardian notifications, publishing it on the District’s website, and including it in the student and staff handbooks.  The District shall also create a poster that notifies students of the District’s sexual harassment policy, and display the poster in a prominent and conspicuous location in the main administrative building or other area where notices of District rules, regulations, procedures, and standards of conduct are posted, and in each bathroom and locker room on campus.

The Superintendent or designee shall ensure that all District students receive age-appropriate information on sexual harassment.  All District staff shall be trained regarding the District policies that prohibits sexual harassment of students.

Complaint Processes

Title IX Complaints:

If the alleged conduct, if taken to be true, meets the definition sexual harassment under Title IX, as defined above, the complaint or allegation(s) shall be investigated or otherwise resolved in accordance with the procedures outlined in Title IX and AR 5145.71 – Title IX Sexual Harassment Complaint Procedures.  This determination shall be made by the Title IX Coordinator.  If a complaint does not rise to the level of sexual harassment under Title IX, it may need to be formally dismissed pursuant to Title IX and AR 5145.71.

All Other Sexual and Gender-Based Harassment Complaints:

If the alleged conduct, even if taken to be true, is sexual in nature or based on sex or gender, but does not meet the  definition of sexual harassment under Title IX, the complaint or allegation(s) shall be investigated or otherwise resolved in accordance with the law and District procedures specified in AR 1312.3 - Uniform Complaint Procedures.  This determination shall be made by the Title IX Coordinator.

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 5145.71 – Title IX Sexual Harassment Complaint Procedures)

Disciplinary and Other Measures

Upon completion of an investigation of a sexual or gender-based harassment complaint, whether the investigation followed AR 1312.3 or AR 5145.71, any student found to have engaged in sexual or gender-based harassment in violation of this policy or Title IX will receive interventions and may be subject to disciplinary action. Examples of interventions include counseling, guidance, education about the impact of harassment, positive behavior support, referral to a student success team, transfer to alternative programs, and denial of participation in extracurricular or co-curricular activities or other privileges. For students in grades 4 through 12, disciplinary action may include suspension and/or expulsion, provided that in imposing discipline the entire circumstances of the incident(s) shall be taken into account.

(cf. 5144 - Discipline)

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

Upon completion of an investigation of a sexual or gender-based harassment complaint, any employee found to have engaged in sexual or gender-based harassment toward any student shall be subject to disciplinary action, up to and including termination in accordance with law and the applicable collective bargaining agreement.

(cf. 4118 - Dismissal/Suspension/Disciplinary Action)

(cf. 4119.11/4219.11/4319.11 - Sexual and Gender-Based Harassment)

The District will respond to off-campus sexual or gender-based harassment if the harassment contributes to a hostile environment on campus, poses a threat or danger to the safety of students, or substantially disrupts school activities.

Confidentiality and Record-Keeping

The Superintendent or designee shall maintain a record of all reported cases of sexual and gender-based harassment to enable the District to monitor, address and prevent repetitive harassing behavior in its schools. Additional record-keeping requirements for complaints that fall under Title IX are detailed in AR 5145.71 – Title IX Sexual Harassment Complaint Procedures.

(cf. 3580 - District Records)

(cf. 5145.71 - Title IX Sexual Harassment Complaint Procedures)

All complaints and allegations of sexual and gender-based harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. (5 CCR § 4964).

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

48900 Grounds for suspension or expulsion

48900.2 Additional grounds for suspension or expulsion; sexual harassment

48904 Liability of parent/guardian for willful student misconduct

48980 Notice at beginning of term

CIVIL CODE

51.9 Liability for sexual harassment; business, service and professional relationships

1714.1 Liability of parents/guardians for willful misconduct of minor

GOVERNMENT CODE

12950.1 Sexual harassment training

CODE OF REGULATIONS, TITLE 5

4600-4687 Uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1092  Definition of sexual assault

1221 Application of laws

1232g Family Educational Rights and Privacy Act

1681-1688  Title IX of the Education Amendments of 1972

UNITED STATES CODE, TITLE 34

12291  Definition of dating violence, domestic violence, and stalking

UNITED STATES CODE, TITLE 42

1983 Civil action for deprivation of rights

2000d-2000d-7 Title VI, Civil Rights Act of 1964

2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended

CODE OF FEDERAL REGULATIONS, TITLE 34

106.1-106.71 Nondiscrimination on the basis of sex in education programs

COURT DECISIONS

Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567

Flores v. Morgan Hill Unified School District, (2003, 9th Cir.) 324 F.3d 1130

Reese v. Jefferson School District, (2001, 9th Cir.) 208 F.3d 736

Davis v. Monroe County Board of Education, (1999) 526 U.S. 629

Gebser v. Lago Vista Independent School District, (1998) 524 U.S. 274

Oona by Kate S. v. McCaffrey, (1998, 9th Cir.) 143 F.3d 473

Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447

Management Resources:

CSBA PUBLICATIONS

Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014

Safe Schools:  Strategies for Boards of Education to Ensure Student Success, 2011

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Q&A on Campus Sexual Misconduct, September 2017

Dear Colleague Letter:  Title IX Coordinators, April 2015

Dear Colleague Letter:  Sexual Violence, April 4, 2011

Sexual Harassment:  It’s Not Academic, September 2008

Revised Sexual Harassment Guidance:  Harassment of Students by School Employees, Other Students, or Third Parties, January 2001

WEB SITES

CSBA:  http://www.csba.org

California Department of Education:  http://www.cde.ca.gov

U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/about/offices/list/ocr

Policy WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT

adopted: November 3, 2010 Richmond, California

revised: March 26, 2014

revised: November 4, 2020

7.13.1         ADMINISTRATIVE REGULATION 5145.7: SEXUAL AND GENDER-BASED HARASSMENT

Board Policy Manual

West Contra Costa Unified School District

Sexual and Gender-Based Harassment

Reporting Process

Any student, parent/guardian, or other person who believes a student has been subjected to sexual harassment, which includes any form of sex or gender-based harassment, by another student, an employee, or any third party, or who has witnessed an incident of possible sexual harassment, is strongly encouraged to report the incident the student’s teacher, vice principal, principal, the District’s Title IX Coordinator, or any other available school employee, and/or to submit a complaint pursuant to AR 1312.3 - Uniform Complaint Procedures or AR 5145.71 – Title IX Sexual Harassment Complaint Procedures.

Any employee who receives a complaint or report of sexual harassment shall, within one school day of receiving the complaint or report, or within one school day of observing an incident of potential sexual harassment that involves a student, forward the complaint or report, or prepare and forward a written description of a verbal report or observation, to the principal or the Title IX Coordinator.  The employee shall take these actions whether or not the alleged victim submits a complaint, and even if the alleged victim requests their identity or the triggering incident be kept confidential.  The Title IX Coordinator shall be responsible for assessing a victim’s request for confidentiality, and will only initiate the Title IX Sexual Harassment Complaint Process – AR 5145.71 against a victim’s wishes if doing so is not clearly unreasonable in light of the known circumstances.

If a complaint or report of sexual harassment is initially submitted to the principal, the principal shall forward the complaint or report to the Title IX Coordinator that same day, or as soon as is reasonably possible.

In any case of sexual harassment involving the principal, Title IX Coordinator, or any other person to whom the incident would ordinarily be reported, the complaint or report may instead be submitted to the Superintendent or designee who shall determine who will investigate or otherwise process the complaint or report.

When a verbal or informal report of sexual harassment is submitted, the principal and/or Title IX coordinator shall inform the student or parent/guardian of their right to file a formal written complaint in accordance with applicable District complaint procedures.  As detailed in AR 5145.71, if the alleged conduct meets the definition of sexual harassment under Title IX, the Title IX Coordinator must notify the student-victim of this right.  If a complainant-victim refuses to reduce their complaint to writing in accordance with either AR 1312.3 or AR 5145.71, the Title IX Coordinator or designee shall reduce the verbal complaint to writing and may initiate an investigation into the verbal allegations pursuant to AR 1312.3 or AR 5145.71.

(cf. 1312.3 – Uniform Complaint Procedures)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.71 - Title IX Sexual Harassment Complaint Procedures)

Title IX Coordinators

The District designates the following individual, who holds the title of Title IX Coordinator, as the employee responsible for coordinating its efforts to comply with Title IX of the Education Amendments of 1972, as well as to oversee, investigate, and/or resolve sexual harassment complaints processed under AR 1312.3 - Uniform Complaint Procedures and AR 5145.71 – Title IX Sexual Harassment Complaint Procedures.

The Title IX Coordinator may be contacted at:

Jose Espinoza

Director, Office of Educational Equity | Title IX Coordinator | Equity Compliance Officer

1108 Bissell Avenue

Richmond, CA 94801

Phone: (510) 231-1118

Email:  jespinoza2@wccusd.net

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 5145.71 – Title IX Sexual Harassment Complaint Procedures)

Supportive Measures and Response Pending Investigation

When an incident of sexual harassment is reported, the Title IX Coordinator or designee, in consultation with the Title IX Coordinator, shall determine whether supportive measures are necessary during and pending the result of an investigation to stop the alleged discrimination and ensure that all students have access to the educational program and a safe school environment.  Supportive measures will be implemented on a case by case basis and offered to both complainant-victims and respondents (or the accused), as appropriate.  Any supportive measures adopted to address alleged sexual harassment, or related retaliation, shall be designed to preserve equal access to the district’s educational program or activity without unreasonably burdening the other involved party.  The supportive measures shall remain in place until the Title IX Coordinator determines that they are no longer necessary.

Supportive measures may include, but are not limited to, counseling, course-related adjustments, modifications of class schedules, academic support, mutual restrictions on contact, increased security, and monitoring of certain areas of the campus.  All supportive measures shall be implemented in accordance with law and Board policy.  Such actions shall be considered even when a student chooses to not file a formal complaint or if the alleged sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.

Complaint Investigation and Resolution

The Title IX Coordinator or designee investigates and/or resolves the complaint in accordance with law and District policy.  The Title IX Coordinator will determine, based on the allegations brought forth and how sexual harassment is defined under Title IX and District policy, whether the complaint or allegations therein should be processed in accordance with AR 1312.3 - Uniform Complaint Procedures or AR 5145.71 – Title IX Sexual Harassment Complaint Procedures.  Complaints that are filed but do not meet the definition of sexual harassment under Title IX may need to be formally dismissed pursuant to AR 5145.71.

(cf. 1312.3 – Uniform Complaint Procedures)

(cf. 5145.71 - Title IX Sexual Harassment Complaint Procedures)

When a complaint or report of sexual harassment involves off-campus conduct that was outside a district program or activity, the Title IX Coordinator, or a designee who has consulted with the Title IX Coordinator, shall assess whether the conduct may create or contribute to the creation of a hostile school environment.  If the Title IX Coordinator or designee determines that a hostile environment may be created, the complaint shall be investigated and resolved, as is deemed appropriate under the circumstances.  At a minimum, supportive measures will be offered to the victim.

In investigating a sexual harassment complaint, evidence of past sexual relationships of the complainant-victim shall not be considered, except to the extent that such evidence may relate to the complainant-victim’s prior relationship with the respondent.

If sexual harassment is found following an investigation, the Title IX Coordinator, or designee in consultation with the Title IX Coordinator, shall take prompt action to stop the sexual harassment, prevent recurrence, and address any continuing effects.

Notifications

A copy of the District’s sexual harassment policy and regulation shall:

1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year.  (Education Code § 48980; 5 CCR § 4917)

(cf. 5145.6 - Parental Notifications)

2. Be displayed in a prominent location in the main administrative building or other area where notices of District rules, regulations, procedures, and standards of conduct are posted.  (Education Code § 231.5)

3. Be summarized on a poster, for grades 9 through 12, which shall be prominently and conspicuously displayed in each bathroom and locker room at each school.  The poster may be displayed in public areas that are accessible to and frequented by students, including, but not limited to, classrooms, hallways, gymnasiums, auditoriums, and cafeterias.  The poster shall display the rules and procedures for reporting a charge of sexual harassment; the name, phone number, and email address of an appropriate school employee to contact to report a charge of sexual harassment; the rights of the reporting student, the complainant, and the respondent; and the responsibilities of the school.  (Education Code § 231.6)

4. Be posted in a prominent location on the District’s website in a manner that is easily accessible to parents/guardians and students.  This shall include the name or title, office address, email address, and telephone number of the employee designated as the District’s Title IX Coordinator.  (Education Code § 236; 34 CFR § 106.8)  The posting shall include the rights of a student and the public and the responsibilities of the District under Title IX, which shall include, but shall not be limited to, Internet Web links to the California Department of Education’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, as well as the list of rights specified in Education Code Section 221.8.  (Education Code § 221.61) The list of rights in Education Code Section 221.8 include:

a.   The right to fair and equitable treatment and to not be discriminated against based on sex.

b.   The right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.

c.   The right to inquire of the athletic director of the school as to the athletic opportunities offered by the school.

d.   The right to apply for athletic scholarships.

e.   The right to receive equitable treatment and benefits in the provision and maintenance of all of the following: equipment and supplies; scheduling of games and practices; transportation and daily allowances; access to tutoring; coaching; locker rooms; practice and competitive facilities; medical and training facilities and services; and publicity.

f.        The right to have access to a gender equity coordinator to answer questions regarding gender equity laws.

g.   The right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.

h.   The right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if discriminated against or given unequal treatment on the basis of sex.

i.        The right to pursue civil remedies if you have been discriminated against.

j.        The right to be protected against retaliation if you file a discrimination complaint.

(Education Code § 221.8.)

The posting shall also include a description of how to file a Title IX complaint, which contains:

a.   An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations;

b.   An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ website; and

c.   An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.

(cf. 1113 - District and School Websites)

5. Be provided as part of any orientation program conducted for new and continuing students at the beginning of each quarter, semester, or summer session.  (Education Code § 231.)

6. Appear in any school or district publication that sets forth the school’s or district’s comprehensive rules, regulations, procedures, and standards of conduct.  (Education Code § 231.5.)

7. Be included in any handbook provided to students, parents/guardians, employees, or employee organizations.  (34 CFR § 106.8.)

Instruction/Information

The Superintendent or designee shall ensure that all District students receive age-appropriate information on sexual harassment.  Such instruction and information shall include:

1. Notice regarding which acts and behaviors constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence.

2. A clear message that students do not have to endure sexual harassment under any circumstance.

3. Encouragement to report observed incidents of sexual harassment even when the alleged victim of the harassment has not complained.

4. A clear message that student safety is the District’s primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved.

5. A clear message that, regardless of a complainant’s noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and prompt action shall be taken to respond to harassment, prevent recurrence, and address any continuing effect on students, in a manner deemed appropriate by a Title IX Coordinator.

6. Information about the district’s procedures for investigating complaints and the person(s) to whom a report of sexual harassment should be made

7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the district investigation of a sexual harassment complaint continues.

8.  A clear message that, when needed, the District will implement supportive measures to ensure a safe school environment for a student who is the complainant-victim of sexual harassment, and the respondent.  Supportive measures will be designed to restore or preserve equal access to the district’s educational program or activity without unreasonably burdening the other involved party.

Gender Based Harassment in Athletics and Clubs

No person shall on the basis of sex, sexual orientation, gender, ethnic group, identification, race, ancestry, national origin, religion, color or mental or physical disability, be excluded from participation in, be denied the benefits of, be denied equivalent opportunity in, or otherwise discriminated against in interscholastic, intramural or club athletics. (5 CCR § 4920).

The District also shall not provide or otherwise carryout any extracurricular or activities separately, or require or refuse participation therein by any of its pupils on the basis of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability.

A student shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with their gender identity, irrespective of the gender listed on the student’s records. (Education Code. § 221.5(f)).

The District shall ensure that Athletic programs supported by public funds provide equal opportunity to both sexes for participation and for use of facilities. (Education Code § 221.7(b)). The District may provide separate toilet, locker room and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. (34 C.F.R. § 106.33).

The District may also implement “gender-neutral” restrooms or private changing areas for any student who desires increased privacy, regardless of the underlying reason. No student shall be compelled to use such restroom or changing area unless they choose to do so themselves.  Any alternative restroom or changing room arrangement should be provided in a way that keeps the student’s gender identity confidential.

All pupil clubs shall have equal access to District facilities to conduct meetings, and a fair opportunity to meet within the limited open forum of the District.

The District will accommodate the interests and abilities in athletics of both sexes by any of the following tests:

1. Opportunities for interscholastic-level participation for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.
2. The history of the program and continuing practice of program expansion are demonstrably responsive to the developing interest and abilities of members of the sex that has been and is underrepresented among interscholastic athletes.
3. Interests and abilities of the members of the underrepresented sex have been fully and effectively accommodated by the present program. (Education Code § 230(d)).

If the District only provides one team in a particular sport for members of one sex, but provides no team in the same sport for members of the other sex, and athletic opportunities in the total program for that sex have previously been limited, members of the excluded sex must be allowed to try out and compete with the District team. The same standards for eligibility shall be applied to every pupil trying out for a team, regardless of sex or sexual orientation or other protected group status. (5 CCR § 4921(b)).

The District ensures that each public elementary school and secondary school offering competitive athletics shall make all of the following information publicly available at the end of the school year: (1) total enrollment of the school, classified by gender; (2) number of pupils enrolled at the school who participate in competitive athletics, classified by gender; and (3) number of boys’ and girls’ teams, classified by sport and competition level. (Education Code § 221.9(a)).

1. The information shall reflect the total number of players on a team roster on the first official day of team competition. (Education Code § 221.9(b)).
2. This information shall be posted on the district’s website, with the information for each school disaggregated by school site. (Education Code § 221.9(c)).
3. All materials used to compile each school’s information shall be retained by the school for a minimum of three years after the information is posted on the internet. (Education Code § 221.9(d)).

If the District reduces its athletic budget, it does so consistently with its legal obligation to comply with both state and federal gender equity laws. (Education Code § 230(e)).

7.14         BOARD POLICY 5146: MARRIED/PREGNANT/PARENTING STUDENTS

Board Policy Manual

West Contra Costa Unified School District

Students

The Governing Board recognizes that early marriage, pregnancy or parenting and related responsibilities 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 married, pregnant, and parenting students to attain strong academic and parenting skills and to promote the healthy development of their children.

Married, expectant and parenting students shall have the same educational and extracurricular opportunities as all students. Participation in special programs or schools shall be voluntary.

The district shall apply no rule concerning a pupil’s actual or potential parental family, or marital status that treats pupils differently on the basis of sex. (Education Code 221.51(a); 5 CCR 4950; 34 CFR 106.40(a).)

The district shall not discriminate against any student on the basis of the student's marital status, pregnancy, childbirth, false pregnancy, termination of pregnancy, or related recovery.  (Education Code 230; 34 CFR 106.40)

The district shall not make a pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is “Miss” or “Mrs.” The district may make a pre-admission inquiry as to the sex of an applicant for admission, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by Title IX. (34 CFR 106.21(c)(4).)

The district treats pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disability. (Education Code 221.51(e); 5 CCR 4950(d); 34 CFR 106.40(b)(4).)

For school-related purposes, married students under the age of 18 are emancipated minors and have all the rights and privileges of students who are 18, even if the marriage has been dissolved.  (Family Code 7002)

Notices

The district shall notify pregnant and parenting students of their rights and options available under the law through the annual school year welcome packets and through independent study packets. (Education Code 222.5(a).)

The district shall also annually notify parents/guardians of pupils at the beginning of the regular school term of the rights and options available to pregnant and parenting students under the law. (Education Code 222.5(b).)

Education and Support Services for Pregnant and Parenting Students

The Board is committed to providing to expectant and parenting students and their children a comprehensive, continuous, community-linked program 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 expectant and parenting students and their children.

Expectant and parenting students shall retain the right to participate in any comprehensive school or educational alternative programs. School placement and instructional strategies for participating students shall be based on the needs and learning styles of individual students. 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)

Any education program or activity that is offered separately to pregnant students, including any class or extracurricular activity, shall be equal to that offered to other district students. A student's participation in such programs shall be voluntary.  (5 CCR 4950)

The district will permit any minor, regardless of age, who is pregnant or is a parent actively engaged in raising one or more of the minor’s children, to enroll in any adult education course or class defined in Education Code 41976. (Education Code 52610.5)

As required for other students with physical or emotional conditions or temporary disabilities, the Superintendent or designee may require a student, based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or related recovery, to obtain certification from a physician indicating that the student is physically and emotionally able to participate in an educational program or activity.  (34 CFR 106.40)

The district will provide individual instruction at home or in a hospital to a student with a temporary disability that makes attendance in regular day classes or alternative educational program impossible or inadvisable. (Education Code 48206.3(a).)

To the extent feasible, educational and related support services shall be provided, either through the district or in collaboration with community agencies and organizations, to meet the needs of pregnant and parenting students and their children.  Such services may include, but are not limited to:

1. Child care and development services for the children of parenting students on or near school site(s) during the school day and during school-sponsored activities
2. Parenting education and life skills instruction
3. Special school nutrition supplements for pregnant and lactating students pursuant to Education Code 49553, 42 USC 1786, and 7 CFR 246.1-246.28
4. Health care services, including prenatal care
5. Tobacco, alcohol, and/or drug prevention and intervention services
6. Academic and personal counseling
7. Supplemental instruction to assist students in achieving grade-level academic standards and progressing toward graduation

As appropriate, teachers, administrators, and/or other personnel who work with pregnant and parenting students shall receive related professional development.

In addition to providing a quality education program for expectant and parenting students, the district's program shall provide parenting education and life skills instruction, special school nutrition supplements for pregnant and lactating students, and a child care and development program on or near the school site for the children of enrolled students. The district's program may provide other support services authorized by Education Code 54746 as necessary to meet the needs of students and their children.  (Education Code 54745)

Absences

Pregnant or parenting students may be excused for absences related to confidential medical appointments in accordance with BP/AR 5113 - Absences and Excuses.

The Superintendent or designee shall grant a student a leave of absence due to pregnancy, childbirth, false pregnancy, termination of pregnancy, and related recovery for as long as it is deemed medically necessary by a physician. At the conclusion of the leave, the student shall be reinstated to the status held when the leave began.  (34 CFR 106.40)

A parenting student may request exemption from attendance because of personal services that must be rendered to a dependent.

Parental Leave

A pregnant or parenting student is entitled to eight weeks of parental leave, which the student may take before the birth of the student’s infant if there is medical necessity, and after childbirth during the school year in which the birth takes place. (Education Code 46015(a)(1).)

• A pregnant or parenting student is entitled to receive more than eight weeks of parental leave if deemed medically necessary by the student’s physician. (Education Code 46015(a)(3).)
• A pregnant or parenting student is not required to complete academic work or other school requirements during parental leave. (Education Code 46015(a)(5).)
• A pregnant or parenting student may return to their previous school and course of study, and is entitled to make up opportunities for any work missed during the leave. (Education Code 46015(a)(6).)
• A pregnant or parenting student may enroll for a fifth year in the school where they were previously enrolled in order to complete state and local graduation requirements. (Education Code 46015(a)(8).)
• A pregnant or parenting student who does not wish to reenroll in his or her previous school is entitled to alternative education options offered by the local education agency, which should be equal to the programs, activities, and courses they could have been in if participating in the regular program. (Education Code 46015(a)(10); Education Code 221.51(d).)

Reasonable Accommodations

When necessary, the district shall provide reasonable accommodations to pregnant and parenting students to enable them to access the educational program.

A pregnant student shall have access to any services available to other students with temporary disabilities or medical conditions.  (34 CFR 106.40)

The school shall provide reasonable accommodations to any lactating student to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. A student shall not incur an academic penalty for using any of these reasonable accommodations, and shall be provided the opportunity to make up any work missed due to such use. Reasonable accommodations include, but are not limited to:  (Education Code 222)

1. Access to a private and secure room, other than a restroom, to express breast milk or breastfeed an infant child
2. Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk
3. Access to a power source for a breast pump or any other equipment used to express breast milk
4. Access to a place to store expressed breast milk safely
5. A reasonable amount of time to accommodate the student's need to express breast milk or breastfeed an infant child

Complaints

Any complaint of discrimination on the basis of pregnancy or marital or parental status shall be addressed through the district's uniform complaint procedures in accordance with 5 CCR 4600-4687 and BP/AR 1312.3 - Uniform Complaint Procedures.  Any complaint alleging district noncompliance with the requirements to provide reasonable accommodations for lactating students also may be filed in accordance with the district's procedures in AR 1312.3 - Uniform Complaint Procedures.  A complainant who is not satisfied with the district's decision may appeal the decision to the California Department of Education (CDE).  If the district or the CDE finds merit in an appeal, the district shall provide a remedy to the affected student.  (Education Code 222; 5 CCR 4600- 4687)

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. Instruction shall be consistent with the district's family life/sex education curriculum.

Policy Reference Disclaimer:

These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.

Cross References