Annual Notifications 2020/2021 - Gateway International School
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2020/21 Annual Notifications Gateway Community Charters (GCC) Annual Notifications On behalf of Gateway Community Charters (GCC), I am pleased to welcome you to the 2002/2021 school year. Gateway Community Charters continues to refine, improve and fulfill its vision of creating quality school choice with an emphasis on serving vulnerable populations. As the GCC enters its eighteenth year, we continue to be focused on our ‘be brave’ mantra and our journey to excellence culture. We have recognized that our highroad forward to excellence is together and ‘Ubuntu’ (the South African term translated as “I am because we are”) will inspire inform and guide our work across our 9 schools and 19 physical locations in the 2020-21 school year. As a Capturing Kids’ Hearts organization, we believe that strong positive relationships are the foundation for everything we do – from the classroom to the boardroom and out into the community. This year and this work – and all of us together focused to serve our students and their needs – this is purposeful, meaningful and significant work. I hope you are as excited as I am to be a part of the journey. With heart, Dr. Cindy Petersen Gateway Community Charters Superintendent/CEO GCC LEADERSHIP Dr. Cindy Petersen ~ Superintendent/CEO Jason Sample ~ Deputy Superintendent Dr. Christine McCormick ~ Assistant Superintendent Aaron Thornsberry ~ Chief Business Official GCC BOARD Lillie Campbell ~ Board President Bruce Mangerich ~ Board Vice President Jack Turner ~ Board Secretary Mark Anderson ~ Board Treasurer Harry Block ~ Board Member 2
2020/21 Annual Notifications GCC SCHOOL SITE LEADERSHIP Jon Campbell ~ Community Collaborative Charter School Larissa Gonchar ~ Community Outreach Academy Elementary School Scott Jonard ~ Community Outreach Academy Middle School Dr. Jerry Kosch ~ Empowering Possibilities International Charter Nataliya Panasiuk ~ Futures High School Joi Tikoi ~ Gateway International School Erin Marston ~ Higher Learning Academy Morri Elliott ~ Sacramento Academic and Vocational Academy 3
2020/21 Annual Notifications KNOW YOUR EDUCATIONAL RIGHTS Nondiscrimination in GCC Programs and Activities The Board of Directors is committed to providing equal opportunity for all individuals in GCC programs and activities. GCC programs, activities, and practices shall be free from unlawful discrimination, including discrimination against an individual or group based on race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information; a 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. Extracurricular and Co-curricular Activities Non-Discrimination Statement The GCC Board recognizes that extracurricular and co-curricular activities enrich the educational and social development and experiences of students. The GCC shall encourage and support student participation in extracurricular and co-curricular activities without compromising the integrity and purpose of the educational program. No extracurricular or co-curricular program or activity shall be provided or conducted separately and no GCC student's participation in extracurricular and co-curricular activities shall be required or refused based on the student's race, religious creed, color, national origin, immigration status, citizenship status, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Requirements for participation in extracurricular and co-curricular activities shall be limited to those that are essential to the success of the activity. Any complaint regarding the GCC's extracurricular and co-curricular programs or activities shall be filed in accordance with GCC - Uniform Complaint Procedures. No student shall be prohibited from participating in extracurricular and co-curricular activities related to the educational program because of inability to pay fees associated with the activity. Requirements for participation in extracurricular and co-curricular activities shall be limited to those that are essential to the success of the activity. Any complaint regarding the GCC's extracurricular and co-curricular programs or activities shall be filed in accordance with GCC - Uniform Complaint Procedures. No student shall be prohibited from participating in extracurricular and co-curricular activities related to the educational program because of inability to pay fees associated with the activity. 4
2020/21 Annual Notifications Your Child has the Right to a Free Public Education All children have a right to equal access to free public education, regardless of their or their parents’/guardians’ immigration status. All children in California: • Have the right to a free public education. • Must be enrolled in school if they are between 6 and 18 years old. • Have the right to attend safe, secure, and peaceful schools. • Have a right to be in a public school learning environment free from discrimination, harassment, bullying, violence, and intimidation. • Have equal opportunity to participate in any program or activity offered by the school without discrimination. Information Required for School Enrollment • Schools may accept a variety of documents from the student’s parent or guardian to demonstrate proof of child’s age. • Information about citizenship/immigration status is never needed for school enrollment. A Social Security number is never needed for school enrollment. Confidentiality of Personal Information • Federal and state laws protect student education records and personal information. These laws generally require that schools get written consent from parents or guardians before releasing student information, unless the release of information is for educational purposes, is already public, or is in response to a court order or subpoena. Family Safety Plans if You Are Detained or Deported • You can update your child’s emergency contact information, including secondary contacts, to identify a trusted adult guardian who can care for your child if you are detained or deported. • You can complete a Caregiver’s Authorization Affidavit or a Petition for Appointment of Temporary Guardian of the Person to give a trusted adult the authority to make educational and medical decisions for your child. Right to File a Complaint Your child has the right to report a hate crime or file a complaint to the school GCC if he or she is discriminated against, harassed, intimidated or bullied because of his or her actual or perceived nationality, ethnicity, or immigration status. 5
2020/21 Annual Notifications Checklist for Immigrant Students and Families Attending Public Schools 1. You do not have to share the following information with school officials: • You do not have to share information, including passports or visas, regarding the immigration status of students, parents, guardians, or other family members. • You do not have to provide Social Security numbers (SSN) or cards. • When completing the “Free and Reduced-Price Meals” form, only provide the last four digits of the SSN of the adult household member who signs the application. • If the family meets the income eligibility requirements and no adult household member has a SSN, your child still qualifies. Check the “No SSN” box on forms where applicable, to ensure that applications are complete. • If any household member participates in CalFresh, CalWORKs (California Work Opportunity and Responsibility for Kids), or FDPIR (Food Distribution Program on Indian Reservations), no adult household member needs to provide the last four digits of his or her SSN to qualify the student for free or reduced- price meals at school. • When providing information for proof of a student’s residency or age, you do not have to use documents that could reveal information related to immigration status. 2. Take steps to protect student information: • Ask for the school’s written privacy policies regarding student information. 3. Take steps to prepare for situations where one or more parents or guardians are detained or deported: • Develop and keep in a safe place a “Family Safety Plan” (example: https://www.lirs.org/assets/2474/ bna_beinformed_safetyplanningtoolkit.pdf) that includes the following information: • Name of a trusted adult to care for your child if no parent or guardian can. • Emergency phone numbers and instructions on where to find important documents (birth certificates, passports, Social Security cards, doctor contact information, etc.) • Make sure that your child’s school always has current emergency contact information, including alternative contacts if no parent or guardian is available. 6
2020/21 Annual Notifications SERVICES AND INFORMATION FOR STUDENTS AND FAMILIES Diversity, Equity and Inclusion Gateway Community Charters respects, affirms, and protects the dignity and human worth of each member of its community. We value differences and seek to actively pursue diversity, promote inclusion and ensure equity. The Gateway Community Charters Board believes that the diversity that exists among the GCC’s community of students, staff, parents/guardians, and community members is integral to the organizations’ vision, mission, and goals. The GCC will promote a welcoming and inclusive environment for people of all identities, diverse perspectives and life experiences. From this perspective, we envision schools where every student meets their highest potential and where differences are celebrated and maximized to achieve excellence. The GCC is committed to fully embrace our rich, diverse community as expressed through race, ethnicity, socioeconomic status, ability, sexual orientation, gender identity, gender expression, religion, national origin, immigration status, language background, language proficiency, and family structure. Diversity, Equity and Inclusion Mission: Gateway Community Charters will actively include and value all students and work to meet their unique learning needs while actively developing their understanding and respect of differences, thus preparing them to thrive in an inclusive, global society. Addressing the needs of the most marginalized learners requires recognition of the inherent value of diversity and acknowledgement that educational excellence requires a commitment to equity in the opportunities provided to students and the resulting outcomes. The Board and the Superintendent or designee shall support the following goals of the GCC Diversity, Equity and Inclusion Strategic Plan: Goal 1. Ensure a welcoming, safe, inclusive and equitable school community Goal 2. Reduce the opportunity gap for structurally disadvantaged students. Goal 3. Incorporate the use of culturally relevant and responsive instruction and curriculum. Goal 4. Recruit and retain diverse and culturally competent administrators and staff. Goal 5. Create and ensure culturally responsive and equity-informed policies and practices. 7
2020/21 Annual Notifications In order to eradicate institutional bias of any kind, including implicit or unintentional biases and prejudices that affect student achievement, and to eliminate disparities in educational outcomes for students from historically underserved and underrepresented populations, the GCC shall proactively identify class and cultural biases as well as practices, policies, and institutional barriers that negatively influence student learning, perpetuate achievement gaps, and impede equal access to opportunities for all students. The Board shall make decisions with a deliberate awareness of barriers and impediments to learning faced by the rich diversity of GCC students (described above). To ensure that equity is the intentional result of GCC decisions, the Board shall consider whether its decisions address the needs of all students and remedy the inequities that such students have historically experienced. Board decisions shall not rely on biased or stereotypical assumptions about any particular group of students. The Board shall regularly monitor the implementation and outcomes of the Strategic Plan for Diversity, Equity and Inclusion as well as the intent and impact of GCC policies and decisions to ensure equitable access, opportunities and outcomes for all students regardless of circumstance. FERPA Family Policy Compliance Office (FPCO) Home The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." • Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies. • Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. 8
2020/21 Annual Notifications • Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31): o School officials with legitimate educational interest; o Other schools to which a student is transferring; o Specified officials for audit or evaluation purposes; o Appropriate parties in connection with financial aid to a student; o Organizations conducting certain studies for or on behalf of the school; o Accrediting organizations; o To comply with a judicial order or lawfully issued subpoena; o Appropriate officials in cases of health and safety emergencies; and o State and local authorities, within a juvenile justice system, pursuant to specific State law. Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. For additional information, you may call 1-800-USA-LEARN (1-800-872-5327) (voice). Individuals who use TDD may use the Federal Relay Service. Formal Complaint Process (Uniform Complaint) GCC is responsible for complying with applicable state and federal laws and regulations governing educational programs. We will investigate all complaints alleging failure to comply with such laws and/or alleging discrimination and seek to resolve those complaints in accordance with the GCC’s uniform complaint procedures. (5 CCR 4620)Employees, students, parents, guardians, or other parties wishing to file a complaint or seeking more information on this topic should contact the Student Services Department at (916) 566-1620. When addressing complaints, Gateway Community Charters will follow uniform complaint procedures, which include: • The investigation will be completed within 60 calendar days from the date of receipt of the complaint unless the complainant agrees in writing to an extension to the timeline. • An unlawful discrimination complaint must be filed not later than six months from the date of the alleged discrimination incident, or six months from the date the complainant first obtains knowledge of the facts of the alleged discrimination. 9
2020/21 Annual Notifications • The complainant has a right to appeal the GCC decision to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving the GCC decision. • The appeal to the CDE must include a copy of the complaint filed with the GCC and a copy of the GCC decision. The Student Services Department will provide information about available civil law remedies under state or federal discrimination laws if applicable. Department staff will also provide in-formation about the appeal process, including the complainant’s right to take the complaint directly to the CDE or to pursue remedies before civil courts or other public agencies. (EC 262.3)Questions about complaint procedures should be directed to Student Services at (916) 286-5199. Student Complaints Notification It is the intent of the GCC School to integrate conflict resolution skills into the curriculum. In accordance therewith, Students that have complaints against other students are encouraged to first address the issue with the person directly using the learned conflict resolution skills without the intervention of a school employee. If, however, the student does not feel comfortable with this approach or the complaint involves sexual harassment or discrimination, the student may notify a teacher or other school staff member. The teacher or staff member will notify the Principal of the complaint if it cannot be resolved immediately at that level. Students who have complaints against school personnel or programs may notify a teacher or the Principal. If a teacher, or any other staff member, is notified of a student complaint against school personnel or programs, the teacher shall notify the Principal. Procedures Depending upon the nature of a complaint, the pupil will be provided information concerning the applicable policy and procedures to be followed. For instance, if the complaint is one of sexual harassment or other discrimination, the student will be provided with a copy of the Charter School’s policy against harassment and discrimination and provided a complaint form and apprised of the procedures under the policy. If the School has no specific policy or procedures for the particular complaint, the Principal, or his/her designee, will undertake a responsible inquiry into the pupil’s complaint to ensure it is reasonably and swiftly addressed. When appropriate a written statement of the pupil’s complaint will be obtained from the student. Confidentiality Complainants will be notified that information obtained from the pupil and thereafter gathered will be maintained in a manner as confidential as possible, but in some circumstances absolute confidentiality cannot be assured. Non-Retaliation Complainants will be advised that they will be protected against retaliation as a result of the filing of any complaints or participation in any complaint process. 10
2020/21 Annual Notifications Resolution The administration will investigate student complaints appropriately under the circumstances and pursuant to the applicable procedures, and if necessary, take appropriate remedial measures to ensure effective resolution of any complaint. Child Find Obligations The Child Find process requires Gateway Community Charters (GCC) to identify, locate, and evaluate all children with disabilities residing in its jurisdiction. This obligation includes all students who attend private (including religious) schools, migrant or homeless students, students who are wards of the State, and students with suspected disabilities who are not advancing in grade level. (20 USC 1412 (a)(3)(A), 20 USC 1412 (a)(10)(A)(ii)(I), 34 CFR 300.111, 34 CFR 300.131, 34 CFR 300.111(c)(2), 34 CFR 300.101(c), 30 EC 56301.) It is important to note that Child Find is a screening process that identifies children who have a disability, or are suspected of having a disability and may need special education and related services. Children identified through the Child Find process must still be assessed to confirm eligibility. Court Orders Gateway Community Charters is committed to working with parents and guardians to provide a supportive and stable learning environment for our students. Noncustodial parents retain the same rights as custodial parents, unless a court order restricts the rights of the noncustodial parent. These rights include, but are not limited to, accessing his/her child’s student records, participation in school activities and visiting the child at school, preferably during non- instructional time. If a court order limits the noncustodial parent’s rights, the parent/guardian with custody shall provide evidence of this action to the office staff of their child’s school. In cases where there is no court ordered custody arrangement, both biological parents have equal rights to information about the student. If school staff is made aware of an attempted violation of a court order while the student is participating in a school activity, staff shall contact the custodial parent and the Gateway Community Charters. The student will not be released until the police department has responded and assisted in the determination of the appropriate course of action 11
2020/21 Annual Notifications Homeless Education (McKinney-Vento Homeless Assistance Act) Students in transition may immediately enroll in school if they live: • In a shelter • In a motel or hotel • In a house or apartment with more than one family because of economic hardship or loss • In an abandoned building, in a car, at a camp-ground, or on the street • In temporary foster care or with an adult who is not the student’s parent or guardian • In substandard housing (no electricity, water, heat) • With friends or family because the student is a runaway or an unaccompanied youth. Under these conditions, a student may register and attend school without immediately providing: • Proof of residency • Immunization records • School records • Legal guardianship papers. Foster Youth (AB 490) Foster youth may immediately enroll and attend school. Gateway Community Charters follows foster youth statutes including: • Immediate enrollment • Maintain school of origin • Receive partial credits Homeless, Foster Youth, and Former Juvenile Court School Pupil Graduation Requirements Gateway Community Charters (GCC) has a duty to care for, support, and protect homeless students, children the state places into foster care, and former juvenile court school pupils. Homeless youth, foster children, and former juvenile court school pupils are all too often bounced from placement to placement and from school to school without regard to the impact on their education. These constant transitions often result in education-related problems, including a loss of school credits, academic problems, and a delay in earning a high school diploma. GCC recognizes that homeless youth, foster children, and former juvenile court school pupils in high school may have taken courses required for graduation in their current school GCC and then be forced to relocate. If this occurs in the junior or senior year the student may be faced with additional graduation requirements at his or her new school with little time to complete those courses in order to graduate with the rest of his or her class. It is therefore the intent of this policy to provide the option for homeless youth, foster children, and former juvenile court school pupils who transition to a school within the GCC in their junior or senior year be required to meet only minimal state standards for graduation. Schools within GCC will notify homeless students, former juvenile court school pupils, and a pupil in foster care who is granted an exemption, and, as appropriate, the person holding the right to make educational decisions for the pupil, if any of the requirements that are waived will affect the pupil's ability to gain 12
2020/21 Annual Notifications admission to a postsecondary educational institution, and to provide information about transfer opportunities available through the California Community Colleges. Sexual Abuse and Sex Trafficking Prevention Universal Citation: CA Educ Code § 49381 (2018) 49381. (a) The GCC shall work with their schools that maintain any of grades 6 to 12, inclusive, to identify the most appropriate methods of informing parents and guardians of pupils in those grades of human trafficking prevention resources. (b) The GCC shall implement the methods identified pursuant to subdivision (a) in their schools that maintain any of grades 6 to 12. Searches of Students and Property As necessary to protect the health, safety and welfare of students and staff, school officials may search students, their property and/or GCC property under their control and may seize illegal, unsafe and prohibited items. The GCC requires that discretion, good judgment and common sense be exercised in all cases of search and seizure. (EC 49050) Financial Liability Gateway Community Charters is not responsible for personal property brought to school sites or school activities. Parents or guardians may be held financially liable for acts of willful misconduct, including vandalism, by their children. Students known to be involved may be suspended and/or expelled and subject to criminal charges. In addition, GCC may withhold a student’s grades, diploma, and transcript until restitution for damages is made or, if the minor and parents are unable to pay, upon completion of the performance of voluntary work in lieu of monetary payment for damages. Parents or guardians will be liable for all property belonging to the GCC that is loaned to the minor student and not returned. (Civil Code 49510, EC 48904) ANTI –BULLYING POLICY The GCC Board of Directors prohibits acts of bullying. The board has determined that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. Harassment or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its student in a safe environment. Demonstration of appropriate behavior, treating others with civility and respect, and refusing to tolerate bullying is expected of administrators, faculty, staff, and volunteers to provide positive examples for student behavior. Bullying is defined as any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a student or group of students, that may be based on actual or perceived disability, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics. Acts of bullying include hate 13
2020/21 Annual Notifications violence or harassment, threats, or intimidation, which are directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following: 1. Placing a reasonable student (defined as a student, including, but is not limited to a student with exceptional needs, who exercises average care, skill, and judgement in conduct for a person of his or her age, or for a person of his or her age with exceptional needs) or students in fear of harm to that student’s or those students’ person or property. 2. Causing a reasonable student to experience a substantially detrimental effect on his or her physical or mental health. 3. Causing a reasonable student to experience a substantial interference with his or her academic performance. 4. Causing a reasonable student to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by GCC. Acts of bullying may include: • Committing sexual harassment as defined in Education Code Section 212.5. The conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual's academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall not apply to pupils enrolled in kindergarten and grades 1 to 3, inclusive. • Causing, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Education Code Section 233. Hate violence includes any injury or threat to a person or damage to property based upon perception of a person's race, ethnicity, religion, ancestry, nationality, disability, gender, sexual orientation. • Under Assembly Bill 9 (AB9) the “Safe Place to Learn Act”, discrimination, harassment, intimidation and bullying based on actual or perceived characteristics is prohibited. School personnel who witness such acts must take immediate steps to intervene, when safe to do so. Employees of Gateway Community Charters will use existing complaint investigation processes, timelines to investigate, and the appeals process for all such incidents. Bullying through Electronic Acts, including cyber sexual bullying. Electronic Act means the creation or transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or page. For more information regarding the definitions of Electronic Acts and cyber sexual bullying, please see GCC Board Policy 04-17 Suspension and Expulsion. 14
2020/21 Annual Notifications LOCAL WELLNESS POLICY The GCC is committed to providing a learning environment that supports and promotes wellness, good nutrition, and an active lifestyle and recognizes the positive relationship between good nutrition, physical activity and the capacity of students to develop and learn. The entire school environment shall be aligned with healthy school goals to positively influence students' beliefs and habits and promote health and wellness, good nutrition and regular physical activity. In addition, school staff shall be encouraged to model healthy eating and physical activity as a valuable part of daily life. Physical Education The GCC shall offer physical education opportunities that include the components of a quality physical education program. Physical education shall equip students with the knowledge, skills, and values necessary for lifelong physical activity. Physical education instruction shall be aligned with the California Content Standards and consistent with the high school graduation requirements. Required Comprehensive Sexual Health and HIV Prevention Education Starting in grade 7, students must be provided with information about the following: • Abstinence is the only certain way to prevent sexually transmitted infections, and has other social and personal benefits. Also, medically accurate information on other methods of preventing pregnancy and sexually transmitted infections must be provided. • Sexually transmitted infections, including transmission, effectiveness and safety of all Food and Drug Administration (FDA) approved methods for reducing the risk of contracting sexually transmitted infections, and information on local sources for testing and medical care. • The effectiveness and safety of all FDA approved contraceptive methods in preventing pregnancy, including emergency contraception. • On safe-surrender sites for parents or other per-sons who have physical custody of children three (3) days old or younger, as detailed in Section 1255.7 of the Health and Safety Code and Section 2715.5 of the Penal Code. Schools must provide students in grades 7 through 12 with comprehensive sexual health and HIV prevention education at least once in middle or junior high school and in high school from instructors trained in teaching the subject. Board and state approved curriculum provides accurate and the latest information and recommendations from the United States Surgeon General, the federal Centers for Disease Control and Prevention, and the National Academy of Sciences. Expectant and Parenting Students The goals for the GCC's program serving expectant and parenting students shall be to provide continuity in education; increase attendance rates; enable achievement of academic standards; 15
2020/21 Annual Notifications increase graduation rates; develop positive parenting, decision-making and coping skills; develop economic self-sufficiency through job skills; and reduce the incidence of repeat pregnancies for minors. The instructional program provided for expectant students shall be determined on a case by case basis and shall be appropriate to the student's individual needs. The school principal or designee may grant students a level of absence due to pregnancy, childbirth or abortion for as long as it is deemed medically necessary. At the conclusion of the leave, the student shall be reinstated to the status she held when the leave began. Expectant and parenting students also may request exemptions from attendance because of physical or mental condition or because of personal services that must be rendered to a dependent. 16
2020/21 Annual Notifications STUDENT DISCIPLINE Suspension and Expulsion Governing Law: The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following: (i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story. (ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following: (I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights. (II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate. (iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five school days before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian or, if the pupil is a foster child or youth or a homeless child or youth, the pupil’s educational rights holder, and shall inform the pupil, the pupil’s parent or guardian, or the pupil’s educational rights holder of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent, guardian, or educational rights holder initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). - Education Code Section 47605(b)(5)(J). This Pupil Suspension and Expulsion Policy has been established in order to promote learning and protect the safety and well-being of all students. In creating this policy, the Charter School has reviewed Education Code Section 48900 et seq. which describes the non- charter schools’ list of offenses and procedures to establish its list of offenses and procedures for suspensions and expulsions. The language that follows closely mirrors the language of Education Code Section 48900 et seq. The Charter School is committed to annual review of policies and procedures surrounding suspensions and expulsions and, as necessary, modification of the lists of offenses for which students are subject to suspension or expulsion. 17
2020/21 Annual Notifications When the Policy is violated, it may be necessary to suspend or expel a student from regular classroom instruction. This policy shall serve as the Charter School’s policy and procedures for student suspension and expulsion and it may be amended from time to time without the need to amend the charter so long as the amendments comport with legal requirements. School staff shall enforce disciplinary rules and procedures fairly and consistently amongst all students. This Policy and its Procedures will be printed and distributed as part of the Student Handbook and will clearly describe discipline expectations. Discipline includes but is not limited to advising and counseling students, conferring with parents/guardians, detention during and after school hours, the use of alternative educational environments, suspension and expulsion. Corporal punishment shall not be used as a disciplinary measure against any student. Corporal punishment includes the willful infliction of or willfully causing the infliction of physical pain on a student. For purposes of the Policy, corporal punishment does not include an employee's use of force that is reasonable and necessary to protect the employees, students, staff or other persons or to prevent damage to school property. The School Principal shall ensure that students and their parents/guardians are notified in writing upon enrollment of all discipline and involuntary removal policies and procedures. The notice shall state that this policy is available upon request at the school administrative office. Suspended or expelled students shall be excluded from all school and school-related activities unless otherwise agreed during the period of suspension or expulsion. A student identified as an individual with disabilities or for whom, the School has a basis of knowledge of a suspected disability pursuant to the Individuals with Disabilities Education Act or who is qualified for services under Section 504 of the Rehabilitation Act of 1973 is subject to the same grounds for suspension and expulsion and is accorded the same due process procedures applicable to regular education students except when federal and state law mandates additional or different procedures. The School will follow Section 504 of the Rehabilitation Act, Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990 and all federal and state laws when imposing any form of discipline on a student identified as an individual with disabilities or for whom the School has a basis of knowledge of a suspected disability or who is otherwise qualified for such services or protections in according due process to such students. No student shall be involuntarily removed by the Charter School for any reason unless the parent or guardian of the student has been provided written notice of intent to remove the student no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the student or the student’s parent or guardian or, if the student is a foster child or youth or a homeless child or youth, the student’s educational rights holder, and shall inform him or her of the basis for which the pupil is being involuntarily removed and his or her right to request a hearing to challenge the involuntary removal. If a parent, guardian, or educational rights holder requests a hearing, the Charter School shall utilize the same hearing procedures specified below for expulsions, before the effective date of the action to involuntarily remove the student. If the student’s parent, guardian, or educational rights holder requests a 18
2020/21 Annual Notifications hearing, the student shall remain enrolled and shall not be removed until the Charter School issues a final decision. As used herein, “involuntarily removed” includes dis-enrolled, dismissed, transferred, or terminated, but does not include removals for misconduct which may be grounds for suspension or expulsion as enumerated below. A. Grounds for Suspension and Expulsion of Students A student may be suspended or expelled for prohibited misconduct if the act is related to school activity or school attendance occurring at the School or at any other school or a School sponsored event at any time including but not limited to: a) while on school grounds; b) while going to or coming from school; c) during the lunch period, whether on or off the school campus; d) during, going to, or coming from a school-sponsored activity. B. Enumerated Offenses 1. Discretionary Suspension Offenses. Students may be suspended for any of the following acts when it is determined the pupil: a) Caused, attempted to cause, or threatened to cause physical injury to another person. b) Willfully used force of violence upon the person of another, except self- defense. c) Unlawfully possessed, used, or otherwise furnished, or was under the influence of any controlled substance, as defined in Health and Safety Code 11053-11058, alcoholic beverage, or intoxicant of any kind. d) Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid substance or material and represented same as controlled substance, 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, which includes but is not limited to, electronic files and databases. g) Stole or attempted to steal school property or private property, which includes but is not limited to, electronic files and databases. h) Possessed or used tobacco or products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. This section does not prohibit the use of his or her own prescription products by a pupil. i) Committed an obscene act or engaged in habitual profanity or vulgarity. j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code Section11014.5. k) Knowingly received stolen school property or private property, which includes but is not limited to, electronic files and databases. 19
2020/21 Annual Notifications l) Possessed an imitation firearm, i.e.: a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. m) Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness. n) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. o) Engaged in, or attempted to engage in hazing. For the 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 injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this section, “hazing” does not include athletic events or school- sanctioned events. p) Made terroristic threats against school officials and/or school property, which includes but is not limited to, electronic files and databases. For purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school property, which includes but is not limited to, electronic files and databases, or the personal property of the person threatened or his or her immediate family. q) Committed sexual harassment, as defined in Education Code Section 212.5. For the purposes of this section, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall apply to pupils in any of grades 4 to 12, inclusive. r) Caused, attempted to cause, threaten to cause or participated in an act of hate violence, as defined in subdivision (e) of Section 233 of the Education Code. This section shall apply to pupils in any of grades 4 to 12, inclusive. s) Intentionally harassed, threatened or intimidated school personnel or volunteers and/or a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading the rights of either school personnel or volunteers and/or student(s) by creating an 20
2020/21 Annual Notifications intimidating or hostile educational environment. This section shall apply to pupils in any of grades 4 to 12, inclusive. t) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act. (1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including acts one or more acts committed by a student or group of students which would be deemed hate violence or harassment, threats, or intimidation, which are directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following: i. Placing a reasonable student (defined as a student, including, but is not limited to, a student with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of his or her age, or for a person of his or her age with exceptional needs) or students in fear of harm to that student’s or those students’ person or property. ii. Causing a reasonable student to experience a substantially detrimental effect on his or her physical or mental health. iii. Causing a reasonable student to experience substantial interference with his or her academic performance. iv. Causing a reasonable student to experience substantial interference with his or her ability to participate in or benefit from the services, activities, or privileges provided by the Charter School. (2) “Electronic Act” means the creation or transmission originated on or off the school site, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: i. A message, text, sound, video, or image. ii. A post on a social network Internet Web site including, but not limited to: (a) Posting to or creating a burn page. A “burn page” means an Internet Web site created for the purpose of having one or more of the effects as listed in subparagraph (1) above. (b) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in subparagraph (1) above. “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. (c) Creating a false profile for the purpose of having one or more of the effects listed in subparagraph (1) above. “False profile” means a profile of a 21
2020/21 Annual Notifications fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. iii. An act of cyber sexual bullying. (a) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (i) to (iv), inclusive, of paragraph (1). A photograph or other visual recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act. (b) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities. (3) Notwithstanding subparagraphs (1) and (2) above, an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the Internet or is currently posted on the Internet. u) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, 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 (1)(a)-(b). v) Possessed, sold, or otherwise furnished any knife unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the Principal or designee’s concurrence. 2. Non-Discretionary Suspension Offenses: Students must be suspended and recommended for expulsion for any of the following acts when it is determined the pupil: a) Possessed, sold, or otherwise furnished any firearm, explosive, or other dangerous object unless, in the case of possession of any object of this type, the students had obtained written permission to possess the item from a certificated school employee, with the Principal or designee’s concurrence. b) Brandishing a knife at another person. c) Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053, et seq. d) Committing or attempting to commit a sexual assault or committing a sexual battery as defined in Education Code Section 48900(n). 22
2020/21 Annual Notifications 3. Discretionary Expellable Offenses: Students may be recommended for expulsion for any of the following acts when it is determined the pupil: a) Caused, attempted to cause, or threatened to cause physical injury to another person. b) Willfully used force of violence upon the person of another, except self- defense. c) Unlawfully possessed, used, or otherwise furnished, or was under the influence of any controlled substance, as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage, or intoxicant of any kind. d) Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code Sections 11053-11058, alcoholic beverage or intoxicant of any kind, and then sold, delivered or otherwise furnished to any person another liquid substance or material and represented same as controlled substance, 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, which includes but is not limited to, electronic files and databases. g) Stole or attempted to steal school property or private property, which includes but is not limited to, electronic files and databases. h) Possessed or used tobacco or products containing tobacco or nicotine products, including but not limited to cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. This section does not prohibit the use of his or her own prescription products by a pupil. i) Committed an obscene act or engaged in habitual profanity or vulgarity. j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code Section 11014.5. k) Knowingly received stolen school property or private property, which includes but is not limited to, electronic files and databases. l) Possessed an imitation firearm, i.e.: a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. m) Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness. n) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. o) Engaged in, or attempted to engage in hazing. For the 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 injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. 23
2020/21 Annual Notifications For purposes of this section, “hazing” does not include athletic events or school- sanctioned events. p) Made terroristic threats against school officials and/or school property, which includes but is not limited to, electronic files and databases. For purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school property, which includes but is not limited to, electronic files and databases, or the personal property of the person threatened or his or her immediate family. q) Committed sexual harassment, as defined in Education Code Section 212.5. For the purposes of this section, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall apply to pupils in any of grades 4 to 12, inclusive. r) Caused, attempted to cause, threaten to cause or participated in an act of hate violence, as defined in subdivision (e) of Section 233 of the Education Code. This section shall apply to pupils in any of grades 4 to 12, inclusive. s) Intentionally harassed, threatened or intimidated school personnel or volunteers and/or a student or group of students to the extent of having the actual and reasonably expected effect of materially disrupting class work, creating substantial disorder and invading the rights of either school personnel or volunteers and/or student(s) by creating an intimidating or hostile educational environment. This section shall apply to pupils in any of grades 4 to 12, inclusive. t) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act. (1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including acts one or more acts committed by a student or group of students which would be deemed hate violence or harassment, threats, or intimidation, which are directed toward one or more students that has or can be reasonably predicted to have the effect of one or more of the following: i. Placing a reasonable student (defined as a student, including, but is not limited to, a student with exceptional needs, who exercises average care, skill, and 24
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