ALISAL UNION SCHOOL DISTRICT
August 2015
RE: LOCAL EDUCATIONAL AGENCY IDENTIFIED FOR PROGRAM IMPROVEMENT
To: The Parent/Guardians of Students in Alisal Union School District:
The No Child Left Behind Act (NCLB) of 2001 requires all states to create their own high academic standards for what a child should know and be able to do for all grades in English-language arts and mathematics. Every school must improve each year until all students meet these standards. This yearly improvement in school performance, which includes the academic standards and other components, is called Adequate Yearly Progress (AYP).
NCLB also requires the California Department of Education to annually review the performance of each Local Educational Agency (LEA) that receives funds under NCLB Title I. A Local Educational Agency can be a school District, county office of education, or direct-funded charter school. Using student performance data from 2005-2006, an LEA is identified as a Program Improvement LEA if for each of two consecutive years it:
does not make AYP.
does not meet the state target for the socio-economically disadvantaged subgroup.
NCLB requires state educational agencies, such as the California Department of Education, to inform parent/guardians of students about LEA performance. In the 2011-2012 school year, Alisal Union School District was identified as a Program Improvement LEA.
As a Program Improvement LEA, the District must:
Consult with parents and school staff when revising the Local Educational Agency Plan. This plan explains how the LEA will use Title I and other funds to improve student achievement.
Reserve at least 10 percent of its annual Title I allocation to provide professional development for teachers and administrators.
Continue to provide assistance to schools identified for Program Improvement and plan for school restructuring, as needed.
How can parents help their Local Educational Agency improve?
Here are some suggestions to help you work with your school and LEA to support improvements.
1. Learn more about the NCLB requirements. Become aware of strategies to improve student academic
achievement. Additional information and resources are available at the following Web sites:
The California Department of Education www.cde.ca.gov/sp/sw/t1/titleparta.asp and http://www.cde.ca.gov/sp/sw/t1/title1pf.asp
The U.S Department of Education, www.ed.gov and http://www.ed.gov/parents/landing.jhtml?src=fp
2. Talk with LEA (Alisal Union School District) staff about the Local Educational Agency Plan to help students
in meeting the state standards in reading and mathematics.
3. If you are a parent of an eligible student who attends a Title I Program Improvement school, ask about
school choice options to transfer your child with paid transportation to a public school in your LEA. As of July, 2013, the schools in AUSD not in Program Improvement are Dr. Martin Luther King, Jr. Academy, and Tiburcio Vásquez Elementary.
4. If you are a parent of an eligible student who attends a Title I Program Improvement school in Year 3 or
above, ask about supplemental educational services that may be available for your child. Supplemental
educational services are extra academic services provided to eligible Title I students outside of the regular
school day.
5. Visit your child’s school and volunteer.
You are encouraged to contact Dr. Esteban F. Hernández (831-753-5700, Ext. 2010) for further information about any of these requirements and find out how you can become involved in Program Improvement efforts.
ATTENDANCE
General Absences
Children cannot learn if they are not in school. California schools no longer receive funding for students who are sick or excused. It is essential that your child attend school whenever possible, for part of a day after or before appointments. However, other attendance requirements still rely on excused and unexcused tallies. No pupil whose attendance is excused shall have grades or academic credit lost if assignments and test can be reasonably completed.
1. Notwithstanding E.C. 48200, a pupil shall be excused from school for the following:
A. Due to his or her illness
B. Due to quarantine under the direction of a county or city health officer
C. For the purpose of having medical, dental, optometric, or chiropractic services rendered
D. For the purpose of attending the funeral services of a member of his or her immediate family, so
long as the absence is not more than one day if the service is conducted in California and not more
than three days if the service is conducted outside California
E. For the purpose of jury duty in the manner provided for by law
F. Due to the illness or medical appointment during school hours of a child of whom the pupil is the
custodial parent
G. For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at
a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious
retreats, attendance at an employment conference, or attendance at an educational conference on
the legislative or judicial process offered by a nonprofit organization, when the pupil’s absence has
been requested in writing by the parent or guardian and approved by the principal or a designated
representative pursuant to uniform standards established by the governing board
H. Participation in religious instruction or exercises in accordance with District policy
2. A pupil absent from school under this section shall be allowed to complete all assignments and tests
missed during the absence that can be reasonably provided and, upon satisfactory completion
within a reasonable period of time, shall be given full credit thereof. The teacher of any class from
which a pupil is absent shall determine the tests and assignments, which shall be reasonably
equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed
during the absence
3. For purposes of this section, attendance at religious retreats shall not exceed four hours per
semester
4. Absences pursuant to this section are deemed to be absences in computing average daily
attendance and shall not generate state apportionment payments
5. “Immediate family,” as used in this section, has the same meaning as that set forth in Section 45194,
except that references therein to “employee” shall be deemed to be references to “pupil” [E.C.
46014, 48205]
Parental Consequences for Non-Attendance
Any parent of guardian who fails to ensure their student’s attendance my be guilty of an infraction and can be punished as follows: $100 for first conviction; $250 for second conviction; $500 for third conviction. Rather than a fine, a parent or guardian may be placed in parent education or counseling program; $1,000 for a willful violation of a court order directing that student must be enrolled in school or program. [E.C. 48293]
Attendance Options
The Governing Board annually reviews attendance options including how students may attend a district school outside their attendance area (intradistrict). This District has non-arbitrary rules explaining how students may apply, be accepted or denied transfer to district schools. Many districts also allow the transfer of students from or to others districts (interdistrict). In some cases the District must provide transportation. [E.C. 35160.5, 46600, 48204, 48206.3, 48306, 48980]
Interdistrict Attendance
The Governing Board recognizes that students who reside in one district may choose to attend schools in another district and that such choices are made for a variety of reasons. The Board desires to communicate with parents/guardians and students regarding the educational programs and services that are available.
The District shall annually determine the number of interdistrict transfer students the District will accept through the alternative attendance program for the following school year. The District will also identify the schools, grade levels and programs that will be able to accept these additional students.
Since the District admits students in accordance with the state’s alternative interdistrict attendance program, the District shall not accept transfer requests pursuant to an interdistrict attendance agreement except upon request of the district of residence in situations of extreme need.
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As the parent of a student, you have many rights and responsibilities. This booklet talks about many of those laws, policies and statutes which cover them. We suggest you read it. We must receive the signed form returned or your child may not be able to attend classes. This page talks about when your child is absent from school. Only in certain cases is it permissible for a student to miss school.
Teachers build your child’s education one day at a time, so every day is essential. Moving ahead, and even graduation, can be put in jeopardy if too many days are missed. Work with the teacher when a child must miss school. Get homework assignments and review work. There is only one chance to obtain a great education.
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The Board recognizes that the District may be capable of serving additional students. Therefore, the Superintendent or designee may approve interdistrict agreements with other Districts. [BP 5117; E.C. 46660-46611, 46621, 48204, 48209-48209.16, 48915, 48915.1, 48918, 48980, 52317] Intradistrict Open Enrollment
The Governing Board desires to provide enrollment options that meet the diverse needs and interests of District students. Students who reside within District boundaries may apply for enrollment in any District school. The Superintendent or designee shall determine the capacity of each school and establish a random, unbiased selection process for the admission of students from outside a school’s attendance area. In accordance with law, another student transferring from outside the attendance area shall displace no student currently residing within a school’s attendance area.
The Board retains the authority to maintain appropriate racial and ethnic balances among the District schools at its discretion or as specified in applicable court-ordered or voluntary desegregation plans. The Board shall annually review this policy. [E.C. 35160.5, 35291, 35351, 48980]
Enrollment Priorities
A student may be given priority for attendance outside his/her current attendance area when special circumstances exist that may be harmful or dangerous to that particular student. Harmful or dangerous special circumstances shall be identified pursuant to law and administrative regulations.
Schools receiving requests for admission shall give priority for attendance to siblings of children already in attendance in that school and to children whose parent/guardian is assigned to that school as his/her primary place of employment.
Once enrolled, a student shall not have to apply for readmission. However, the student may be subject to displacement due to excessive enrollment.
The Superintendent or designee shall inform parents/guardians when certain schools or grade levels within a school are currently, or are likely to be, at capacity and therefore unable to accommodate any new students.
Transportation
The District shall not provide transportation outside the school’s attendance area. However, upon request, the Superintendent or designee may authorize transportation for students living outside the attendance area to and from a designated bus stop within the attendance area if space is available. Priority for such transportation shall be based on demonstrated financial need. [BP 5116.1]
Districts of Choice
Prior to January 1 parents may apply to transfer their students to a District of Choice. This deadline does not apply to military personnel relocated 90 days prior to submitting the application. This program allows transfer to another district without the approval of the student’s home district.
The District of Choice can limit the number of students it is willing to accept. If more than that number of students applies there will be a random process to determine which students are accepted. [E.C. 48301 – 48315]
Attendance Where Caregiver Resides
If your child lives in the home of a care-giving adult, as defined by law, your child may attend the school district in which that residence is located. Execution of an affidavit under penalty of perjury pursuant to the Family Code by the caregiving adult is required to determine that your child lives in the caregiver’s home. [E.C. 48204(d), 48980(g)]
Attendance in District in Which
Parent/Guardian is Employed
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Your child may have the option of attending school in the school District where you or your spouse is employed. If interested, call the school office for information. [E.C. 48204(b)(f), 48980(i)]
Individualized Instruction
If your child has a temporary disability preventing him/her from attending regular classes, the District will provide individual instruction when possible. [E.C. 48206.3, 48980(b)]
Pupils in Hospitals Outside of School District
If, due to temporary disability, your child is in a hospital or other residential health facility, which is located outside your school district, he/she may be eligible to attend the school district in which the hospital is located. [E.C. 48207] If this situation should arise, you should notify both the district where you reside and where the hospital is located so that individualized instruction, if possible, can be provided. [E.C. 48208]
Minimum Days/Pupil Free Staff Development
Days
If your child will be affected by minimum days or staff development days, we will give you at least one month’s notice. The dates that were known at press time are printed in the calendar in this booklet. [E.C. 48980(c)]
Notice of Alternative Schools
California state law authorizes all school districts to provide for alternative schools. Section 58500 of the Education Code defines alternative school as a school or separate class group within a school which is operated in a manner designed to: (a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy. (b) Recognize that the best learning takes place when the student learns because of his desire to learn. (c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his own time to follow his own interest. These interests may be conceived by him totally and independently or may result in whole or in part from a presentation by his teachers of choices of learning projects. (d) Maximize the opportunity for teachers, parents and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process. (e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including but not limited to the community in which the school is located.
In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this District, and the principal’s office in each attendance unit have copies of the law available for your information. This law particularly authorizes interested persons to request the governing board of the District to establish alternative school programs in each District. [E.C. 58501]
DISCIPLINE
School Rules
Every teacher has posted rules, procedures and expectations for students. You have a right to review school and District rules regarding student discipline. If you wish to do so, please contact the school office. [E.C. 35291, 48980]
Release of Student to Peace Officer
If a school official releases your child from school to a peace officer, for the purpose of removing him/her from the school premises, the school official shall take immediate steps to notify you or a responsible relative of your child, except when a student has been taken into custody as a victim of suspected child abuse. In those cases, the peace officer will notify the parent or guardian. [E.C. 48906; Penal Code 11165.6]
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Parent Responsibility
Parents and guardians are liable for all damages caused by the willful misconduct of their minor children that result in death or injury to other students, school personnel, or damages to school property. Parents are also liable for any school property loaned to the student and willfully not returned. Parent’s or guardians’ liability may be as much as $16,765 in damages and another maximum of $10, 000 for payment of a reward, if any. The District may withhold the grades, diplomas, or transcripts of the student responsible until such damages are paid or the property returned or until completion of a voluntary work program in lieu of payment of money. If your child commits an obscene act or engages in habitual profanity or vulgarity, disrupts schools activities, or otherwise willfully defies the authority of school personnel, and is suspended for such misconduct, you may be required to attend a portion of a school day in your child’s classroom. [E.C 48900.1, 48904; Civil Code 1714.1; Government Code 53069.5]
Vandalism
Graffiti and scratching glass or other material on someone else’s property is now considered vandalism and those convicted face fines, imprisonment , and court orders to clean up the damage or perform community service. Parents may be liable to pay fines as high as $50,000 and be required to participate in the clean up. [Penal Code 594]
Student Search
The school principal or designee may search the person of a student’s locker, backpack or purse if there is a reasonable suspicion to believe the student may have a concealed weapon, narcotics, stolen property, or contraband. [U.S, Supreme Court Case: New Jersey v T.L.O. (1985) 496 U.S. 325]
Cellphones, Pagers, Electronic Signaling
Devices
District may regulate the possession or use of any cellphone, pager or electronic signaling device while pupils are on campus, while attending school-sponsored activities, or while under the supervision and control of District employees. [E.C. 48901.5]
Grounds for Suspension or Expulsion
A pupil may not be suspended from school or recommended for expulsion unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to one or more subdivisions:
(a) 1. Caused, attempted to cause, or threatened to cause physical injury
to another person; or
2. Willfully used force or violence upon the person of another except in
self-defense.
(b) Possessed, sold, or otherwise furnished any firearm, knife, explosive,
or other dangerous object unless, in the case of possession of any
such object of this type, the pupil had obtained written permission to
possess the item from a certificated school employee, which is
concurred in by the principal or the designee of the principal.
(c) Unlawfully possessed, sold, or otherwise furnished, or been under the
influence of, any controlled substance listed in Chapter 2 (commencing
with Section 11053) of Division 10 of the Health and Safety Code, and
alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell any controlled
substance listed in Chapter 2 (commencing with Section 11053) of
Division 10 of the Health and Safety Code and Penal Code 257 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.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private
property.
(g) Stolen or attempted to steal school property or private property.
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(h) 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 or
possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
(j) Unlawfully possessed or lawfully offered, arranged, or negotiated to
sell
any drug paraphernalia, as defined in Section 11014.5 of the Health
and Safety Code.
(k) Disrupted school activities or otherwise willfully defied the valid
authority of supervisors, teachers, administrators, school officials, or
other school personnel engaged in the performance of their duties.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. An “imitation firearm” means a replica
of a firearm so similar in physical properties to a firearm as to lead a
reasonable person to conclude that the replica is a firearm.
Displaying an imitation weapon at school can result in a
misdemeanor or fines.
(n) Committed or attempted to commit a sexual assault as defined in
Section 261, 266C, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining
witness or witness in a school disciplinary proceeding for the
purpose of either preventing that pupil from being witness or
retaliating against that pupil for being a witness or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the
prescription drug Soma.
(q) Engaged in, or attempted to engage in hazing. For purposes of this
subdivision, “hazing” means a method of initiation or pre-initiation
into a pupil organization or body, whether or not the organization or
body is officially recognized by an educational institution, which is
likely to cause serious bodily or personal degradation or disgrace
resulting in physical or mental harm to a former, current, or
prospective pupil. For purposes of this subdivision, “hazing” does not
include athletic events or school sanctioned events.
(r) Engaged in an act of bullying, including, but not limited to, bullying
committed by means of an electronic act directed specifically toward
a pupil or school personnel as defined in subdivisions (f) and (g) of
Section 32261. Such activity may result in a misdemeanor charge.
(s) A pupil may not be suspended or expelled for any of the acts
enumerated unless that act is related to school activity or school
attendance occurring within a school under the jurisdiction of the
superintendent or principal or occurring within any other school
district.
A pupil may be suspended or expelled for acts which are enumerated
in this section and related to school activity or attendance that occur
at any time, including, but limited to, any of the following:
(1) While on school grounds
(2) While going or coming from school
(3) During the lunch period whether on or off the campus
(4) During, or while going to or coming from a school sponsored
activity
(t) A pupil who aids or abets, as defined in Section 31 of the Penal
Code, the infliction or attempted infliction of physical injury to another
person may suffer suspension, but not expulsion, pursuant to the
provisions of this section. Except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline pursuant to
subdivision (a).
(u) As used in this section, “school property” includes, but is not limited
to, electronic files and databases.
(v) A superintendent or principal may use their discretion to provide
alternatives to suspension or expulsion, including, but not limited to,
counseling and an anger management program, for a pupil subject
to discipline under this section.
(w) It is the intent of the Legislature that alternatives to suspension or
expulsion be imposed against any pupil who is truant, or otherwise
absent from school activities. [E.C. 35921, 48900]
Additionally, sexual harassment, hate violence, harassment,
intimidation (only grades 4-12) and threats and terroristic threats
against school officials or school property or both (all students)
[E.C. 212.5, 233(e), 48900.2, 48900.3, 48900.4. 48900.7]
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Mandatory Suspension/Expulsion
Education Code Section 48915(a): Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent finds that the expulsion is inappropriate, due to the particular circumstance:
1. Causing serious physical injury to another person, except in self-
defense.
2. Possession of any knife, explosive or other dangerous objects
of no reasonable use to the pupil.
3. Unlawful possession of any controlled substance listed in Chapter 2
(commencing with section 11053) of Division 10 of the Health and
Safety Code, except for the first offense for the sale of not more than
one avoirdupois ounce of marijuana, other than concentrated
cannabis.
4. Robbery or extortion.
5. Assault or battery, as defined in Section 240 and 242 of the Penal
Code, upon any school employee.
Education Code Section 48915(c): The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at school activity off school grounds:
1. Possessing, selling, or otherwise furnishing a firearm. This subdivision
does not apply to an act of possessing a firearm if the pupil had
obtained prior or written permission to possess the firearm from a
certificated school employee, which is concurred in by the principal or
the designee of the principal. This subdivision applies to an act of
possessing a firearm only if the possession is verified by an employee
of a school district.
2. Brandishing a knife at another person.
3. Unlawfully selling a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.
4. Committing or attempting to commit a sexual assault as defined in
subdivision (n) of Section 48900 or committing a sexual battery as
defined in subdivision (n) of Section 48900.
5. Possession of an explosive.
Hate Violence
In addition to the reasons specified in Sections 48900 and 48900.2, a pupil in any grades 4 to 12, inclusive may be suspended from school or recommended for expulsion if the superintendent of the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Section 33032.5. [E.C. 48900.3]
STUDENT SERVICES
Acceptable Use Policy (AUP)
ACCEPTABLE USE POLICY – STUDENTS OF THE ALISAL UNION SCHOOL DISTRICT FOR DISTRICT NETWORK, COMPUTERS, E-MAIL, AND THE INTERNET
New technologies are changing the ways that information may be accessed, communicated, and transferred. These technological shifts also offer the opportunity to enhance instruction and student learning. The Board of Education will provide access to various computerized information resources through the District’s Computer Network (DCN hereafter) consisting of software, hardware, computer networks and electronic communications systems. All use of the DCN shall be subject to an AUP policy. Further, all such use must be in support of education and/or research and consistent with the goals and purposes of the school District. Students are authorized to use the District’s on-line services in accordance with the user obligations and responsibilities. A complete AUP will be sent home with each student. [BP 6163.4, August 2008; E.C, 51006, 51007, 51870*51874, 60044; Penal Code 313, 502, 632; 20 USC 6777;47, CFR 54.520]
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Services to Disabled Pupils
If you have reason to believe your child (ages 0 through 21 years) has a disability requiring special services or accommodations, tell or write the school. Your child will be evaluated to determine whether he/she is eligible for free special instruction or services.
The District wants to located, identify and assess all children with disabilities, whether homeless, wards of the state, enrolled in public or private schools in order to provide a free and appropriate education. [E.C. 56020 et seq., 56040. 56301;20 USC 1412, (10)(A)(ii); 34 CFR 300.121]
Special Education Programs
The Alisal Union School District Special Education Program serves students with disabilities from birth through grade six, under the provisions of state and federal law. All students eligible for special education services are provided with individualized Education Plans (IEP’s) that are developed by a team that includes parents, special education specialists, and regular education staff members.
Alisal Union School District Special Education Programs strive to:
Fulfill the requirements of all national, state, and local laws, regulations and policies related to identifying and serving students with disabilities
Help students with disabilities meet high standards in the development of their academic and non-academic skills
Collaborate with families of students with disabilities, as well as with other agencies providing services to students and their families
Collaborate with the regular education teachers of students with disabilities
Support the Student Study Team process for regular education students, in order to help develop effective accommodations for student’s unique learning styles
Independent Study Program
As you are aware, the public schools in the State of California have instituted many reforms to improve the quality of education.
Several of these reforms are aimed at increasing the time that each child spends in school. In support of this effort, we are continuing our Independent Study Program in order to encourage regular school attendance and to reduce the number of unexcused absences.
The Independent Study Program provides school assignments designated to minimize the disruption to a student’s instructional progress which can be caused by absence from school.
The Independent Study Program is beneficial to your child in three ways:
1. It ensures that learning will take place in a sequential order;
2. It increases communication between parents, schools, and students;
3. It ensures continuous progress for students throughout the year.
If your child is going to be absent for five or more consecutive days, for reasons other than illness and you wish him/her to be placed on Independent Study, you need to notify your child’s school by phone, note, or visit. Your child’s teacher will then complete the “Master Agreement for Independent Study” which will be sent home. The student is asked to complete the assignments returned to the student teacher. Educational credit will be given for the assignments that have been completed.
We believe that this cooperative process enhances your child’s educational program and demonstrates in a positive way that we both put a high value on each school day.
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