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BRISBANE SCHOOL DISTRICT 2025-26

NOTICE TO and  RIGHTS of PARENTS/GUARDIANS/EDUCATIONAL RIGHTS HOLDERS

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to their education records. These rights are:

1. The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the school to amend a record should write to the school principal, clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

3. The right to provide written consent before the school discloses personally identifiable information (PII) in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official typically includes a person employed by the school or district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer or contractor outside of the school who performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing their tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill their professional responsibility. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Brisbane School District to comply with the requirements of FERPA. The name and address of the office that administers FERPA are: Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.

NOTIFICATION OF DISCLOSURE OF INFORMATION WITHOUT CONSENT

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student …

• To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
• To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
• To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
• To organizations conducting studies for, or on behalf of, the school, in order to: (a)  develop, validate, or administer predictive tests; (b)  administer student aid programs; or (c)  improve instruction. (§99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
• Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
• To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement. (20 USC §1232g(b)(1)(L))
• To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for the purpose of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions. (20 USC §1232g(b)(1)(K))

NOTICE OF DISCLOSURE OF DIRECTORY INFORMATION 

FERPA requires that school districts, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, Brisbane School District may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Brisbane School District to include this type of information from your child’s education records in certain school publications. Examples include the annual yearbook, honor roll or other recognition lists, graduation programs, and sports activity sheers.

     Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. No information may be released to private profit-making entity other than employers, prospective employers and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. The District has determined that the following organizations may receive directory information: BEST/PTO.

     Directory information may be disclosed without prior consent from the parent or legal guardian unless the parent or legal guardian submits a written notice to the school to deny access to their pupil’s directory information. Directory information regarding a pupil identified as a homeless child or youth shall not be released unless a parent has provided written consent that directory information may be released.

     If you do not want Brisbane School District to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing. You must specify which information you want excluded and the circumstances (i.g., I do not want my child included in the yearbook).

SAFE PLACE TO LEARN ACT (EC 234 AND 234.1): The Brisbane School District is committed to maintaining a learning environment that is   free from discrimination, harassment, violence, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. All school personnel who witness an act of discrimination, harassment, intimidation, or bullying must take immediate steps to intervene when safe to do so. Any student who engages in acts of discrimination, harassment, violence, intimidation, or bullying related to school activity or school attendance occurring within a school of the school district may be subject to disciplinary action up to and including expulsion. To report an incidence and/or to receive a copy of the district’s antidiscrimination,  antiharassment,  anti-intimidation,  and  antibullying  policies,  please contact 415-467-0550.

NONDISCRIMINATION IN DISTRICT PROGRAMS AND ACTIVITIES (EC 221.8; BP 0410; 3555):  The Brisbane School District is committed to providing  a safe school environment where all individuals in education are afforded equal access and opportunities. The District’s academic and other educational support programs, services and activities shall be free from discrimination, harassment, intimidation, and bullying of any individual based on the person’s actual race, color, ancestry, national origin, 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. Specifically, state law prohibits discrimination on the basis of gender in enrollment, counseling, and the availability of physical education, athletic activities, and sports. Transgender students shall be permitted to participate in gender-segregated school programs and activities (e.g., athletic teams, sports competitions, and field trips) and to use facilities consistent with their gender identity. The District assures that lack of English language skills will not be a barrier to admission or participation in District programs. Complaints of unlawful discrimination, harassment, intimidation, or bullying are investigated through the Uniform Complaint Process. Such complaints must be filed no later than six months after knowledge of the alleged discrimination was first obtained. For a complaint form or additional information, contact: 415.467.0550.

NONDISCRIMINATION IN CHILD NUTRITION PROGRAMS: In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

     Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

     To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected]. USDA is an equal opportunity provider, employer, and lender.

     This institution is an equal opportunity provider.

TITLE IX (34 CFR 106.8; EC 221.61, 221.8): Title IX of the Education Amendments of 1972 is one of several federal and state anti-discrimination laws that ensure equality in educational programs and activities that receive federal funding. Specifically, Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including sexual harassment. California law further provides that all students (as well as other persons) are protected – regardless of their sex, gender, gender expression, gender identity, sexual orientation, disability, race, or national origin – in all aspects of the Brisbane School District’s educational programs and activities. It also provides that students may not be discriminated against based on their parental, family, or marital status, and pregnant and parenting students may not be excluded from participating in any educational program, including extracurricular activities, for which they qualify. The essence of Title IX is to ensure that students (as well as other persons) are not excluded, separated, denied benefits to, or otherwise treated differently on the basis of sex unless expressly authorized to do so under state or federal law in areas including, but not limited to: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment.

 For more information about Title IX see the link on the District’s homepage www.brisbanesd.org. To file a complaint of noncompliance with Title IX, contact: Aida Gamba, Chief Business Official; 1 Solano Street, Brisbane, CA 94005; [email protected]; 415-467-0550.

SEXUAL HARASSMENT (EC 231.5 and 48980(g); BP/AR 5145.7, 5145.71): The Brisbane School District is committed to maintaining a safe school environment that is free from harassment and discrimination. Sexual harassment of students at school or at school-sponsored or school-related activities is prohibited. Retaliatory behavior or action against any person who reports, files a complaint, or testifies about, or otherwise supports a complainant in alleging sexual harassment is also prohibited. Any student who engages in sexual harassment or sexual violence at school or at a school-sponsored or school-related activity will be subject to disciplinary action. For students in grades 4-8, disciplinary action may include suspension and/or expulsion, provided that in imposing such discipline the entire circumstances of the incident(s) will be taken into account. Any employee found to have engaged in sexual harassment or sexual violence toward any student will be subject to disciplinary action, up to and including dismissal, in accordance with law and the applicable collective bargaining agreement. The following individual has been designated as the District’s Title IX Coordinator: Aida Wong Gamba, Chief Business Official, 415-467-0550; [email protected]. The Title IX Coordinator is responsible for coordinating the District’s efforts to comply with Title IX sexual harassment complaint procedures, as well as to oversee, investigate, and/or resolve sexual harassment complaints processed under the Uniform Complaint Procedures.

UNIFORM COMPLAINT POLICY AND PROCEDURE (5 CCR 4622, EC 234.1, 32289, and 49013): BSD has the primary responsibility to ensure compliance with applicable state and federal laws and regulations, including those related to unlawful discrimination, harassment, intimidation, or bullying against any protected group, and all programs and activities that are subject to the Uniform Complaint Procedures (UCP). The UCP shall be used to investigate and resolve complaints regarding the following programs and activities: 1. Accommodations for Pregnant and Parenting Pupils; 2. After School Education and Safety; 3. Compensatory Education; 4. Consolidated Categorical Aid Programs; 4. Course Periods without Educational Content; 5. Discrimination, harassment, intimidation, or bullying against any protected group as identified under EC 200 and 220 and GC 11135, including any actual or perceived characteristic as set forth in PC 422.55, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in EC 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance; 6. Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families, pupils formerly in Juvenile Court now enrolled in a school district, pupils who are migratory, and newcomer pupils; 6. Every Student Succeeds Act; 7. Instructional Materials and Curriculum: Diversity; 8. Local Control and Accountability Plans (LCAP); 9. Migrant Education; 10. Physical Education Instructional Minutes; 11. Reasonable Accommodations to a Lactating Pupil; 12. School Athletic Team Names, Mascots, or Nicknames; 13. School Plans for Student Achievement; 14. Schoolsite Councils; 15. Student Fees; 16. And any other state or federal educational program the State Superintendent of Public Instruction (SSPI) or designee deems appropriate.

     For more information, consult the District’s website.

WILLIAMS COMPLAINT POLICY & PROCEDURE (5 CCR 4680-4687; EC 35186): There should be sufficient textbooks and instructional materials that are in good and usable condition. That means each student, including an English learner, must have a textbook and/or instructional materials to use in class and to take home. School facilities must be clean, safe, and maintained in good repair so as not to pose an emergency or urgent threat to the health or safety of students or staff. There should be no teacher vacancies or misassignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including the certification required to teach English learners, if present. Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester. A complaint alleging that any of the above conditions is not being met shall be addressed through the District’s Williams uniform complaint procedures as required by law. Although complainants do not need to use the District’s complaint form to file a complaint, the complaint form may be obtained in the District Office and on the District’s complaint page found on the District’s homepage www.brisbanesd.org. Because a complaint may be filed anonymously, the complaint form shall allow the complainant to indicate whether a response is requested – only a complainant who identifies themselves is entitled to a response. A complaint shall be filed with the principal or designee.

GUN-FREE SCHOOL ZONE ACT (PC 626.9, 30310):  California prohibits any person from possessing a firearm on, or within 1,000 feet from, the grounds of a public or private school, unless it is with the written permission of the Superintendent. This does not apply to law enforcement officers, any active or honorably retired peace officers, members of the military forces of California or the United States, or armored vehicle guards engaged in the performance of, or acting in the scope of, their duties. A person may also be in possession of a firearm on school grounds if the firearm is unloaded and in a locked container or within the locked trunk of a motor vehicle. A violation of this law is punishable by imprisonment in a county jail for up to six months, a fine of up to $1,000, or both imprisonment and fine.

DRUG-FREE CAMPUS (EC 48900 et seq.; BPC 25608; HSC 11032; BP 5131.6): Possession, use or sale of narcotics, alcohol, or other controlled substances is prohibited and strictly enforced at all school activities, on all school grounds, and in District vehicles. Records will be forwarded to local law enforcement, and district sanctions will result from violations. Pursuant to EC48900 (p), it is unlawful to offer, arrange to sell, negotiate to sell or have sold the prescription drug SOMA.

TOBACCO-FREE CAMPUS (BPC 22950.5; HSC 104420, 104495, 104559; PC 308): The use of tobacco and nicotine products is prohibited on school or district grounds, buildings, and vehicles, and within 250 feet of a youth sports event. Tobacco product includes, but is not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, or an electronic device (e.g., electronic cigarette, cigar, pipe, or hookah) that delivers nicotine or other vaporized liquids.

ELECTRONIC NICOTINE DELIVERY SYSTEMS (e-cigarettes) (PC 308): The Brisbane School District prohibits the use of electronic nicotine delivery systems (ENDS) such as e-cigarettes, hookah pens, cigarillos, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products on all district property and in district vehicles at all times. ENDS are often made to look like cigarettes, cigars and pipes, but can also be made to look like everyday items such as pens, asthma inhalers and beverage containers. These devices are not limited to vaporizing nicotine; they can be used to vaporize other drugs such as marijuana, cocaine, and heroin.

     Section 119405 of the Health and Safety Code prohibits the sales of e-cigarettes to minors which means that students should not be in possession of any such devices. Students using, in possession of, or offering, arranging or negotiating to sell ENDS can be subject to disciplinary action, particularly because ENDS are considered drug paraphernalia, as defined by 11014.5 of the Health and Safety Code. Sectopm 308 pf the Penal Code also states that every person under 18 years of age who purchases, received, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, tobacco products, or any controlled substance shall, upon conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community service work.

CHILD ABUSE PREVENTION and NEGLECT REPORTING (EC 48987; PC 11164): The Brisbane School District is committed to protecting all students in its care. All employees of the District are considered mandated reporters and are required by law to report cases of child abuse and neglect whenever there is reasonable suspicion abuse or neglect has occurred. District employees may not investigate to confirm a suspicion.

     All complaints must be filed through a formal report, over the telephone, in person, or in writing, with an appropriate local law enforcement agency (i.e. Police or Sheriff’s Department, County Probation Department, or County Welfare Department/County Child Protective Services). Both the name of the person filing the complaint and the report itself are confidential and cannot be disclosed except to authorized agencies.

   Parents and guardians of students also have a right to file a complaint against a school employee or other person that they suspect has engaged in abuse of a child at a school site. Complaints may be filed with the local law enforcement agency; you may also notify the District of an incident by contacting the superintendent at 415-467-0550.

     Child abuse does not include an injury caused by any force that is reasonable and necessary for a person employed by or engaged in a school: 1) To stop a disturbance threatening physical injury to people or damage to property; 2) For purposes of self-defense; 3) To obtain possession of weapons or other dangerous objects within control of a student; 4) To exercise the degree of control reasonably necessary to maintain order, protect property, protect the health and safety of pupils, and maintain proper and appropriate conditions conducive to learning.

CUSTODY ISSUES: Custody disputes must be handled by the courts. The school has no legal jurisdiction to refuse a biological parent access to their child and/or school records. The only exception is when signed restraining orders or proper divorce papers, specifically stating visitation limitations, are on file in the school office. Any student release situation which leaves the student’s welfare in question will be handled at the discretion of the site administrator or designee. Should any such situation become a disruption to the school, law enforcement will be contacted and an officer requested to intervene. Parents are asked to make every attempt not to involve school sites in custody matters. The school will make every attempt to reach the custodial parent when a parent or any other person not listed on the emergency card attempts to pick up a child.

CIVILITY ON SCHOOL GROUNDS (CC 1708.9, EC 32210): Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500).

     It is unlawful for any person, except a parent/guardian acting toward their minor child, to intentionally or to attempt to injure, intimidate, interfere by force, threat of force, physical obstruction, or nonviolent physical obstruction with any person attempting to enter or exit any public or private school grounds.

SEXUAL ABUSE AND SEX TRAFFICKING PREVENTION (EC 51950, 51900.6):  Our schools may provide age-appropriate instruction for students in kindergarten through grade 8 in sexual abuse, sexual assault awareness, sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safety report an incident through prevention education. Parents or guardians may submit a written request to excuse their child from participation in any class or assessments related to that education.

PARTICIPATION IN STATEWIDE ASSESSMENTS (5 CCR 852; EC 60615):  The California Assessment of Student Performance and Progress (CAASPP) is a system that includes a number of assessments that are administered each spring to students in specified grade levels. These tests were created specifically to gauge each student’s performance and progress in English language arts, mathematics, and science. The assessments measure the skills called for by the standards, including the ability to write clearly, think critically and solve problems. CAASPP tests are given statewide and therefore provide an opportunity to measure the skills of all students against the same academic standards.

The CAASPP system consists of the following assessments:

• The Smarter Balanced summative assessments for English language arts and mathematics in grades 3-8.
• The California Science Tests (CAST) in grades 5 and 8.
• The California Alternate Assessments (CAA) in English language arts, mathematics, and science, administered to students with significant cognitive disabilities who are unable to take the Smarter Balanced summative assessments and the CAST.

Parents may annually submit to the school a written request to excuse their child from any or all parts of the CAASPP assessments for the school year, and such a request shall be granted by the Superintendent or designee. If a parent submits an exemption request after testing has begun, any test(s) completed before the request is submitted will be scored and the results reported to the parent and included in the student’s records.

SCREENING FOR READING DIFFICULTIES (EC 53008):  To ensure that all students learn to read by third grade, all students in kindergarten and grades 1 and 2 will be screened for risk of reading difficulties. Screenings are intended to be part of a comprehensive instructional strategy to inform instruction, measure progress, identify learning needs, and enable parents and staff to discuss learning in an informed way. Screening assessments will not be used for any high-stakes purpose (e.g., teacher or other school staff evaluation, accountability, student grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs). Rather, the screening results are to be used as a flag for potential risk of reading difficulties, not as a diagnosis of a disability – they are to be used as part of a broader process that further evaluates student needs and progress, identifies supports for classroom instruction, enables targeted individual intervention as needed, and allows the further diagnosis if concerns do not resolve.

     If a student is identified as being at risk of having reading difficulties, the district will provide the student with supports and services, appropriate to the specific challenges identified by the screening instrument and other pertinent information about the student. Supports and services may include evidence-based literacy instruction focused on the student’s specific needs, progress monitoring, early intervention in the regular general education program, one-on-one small group tutoring, and further evaluation or diagnostic assessment.

     For the 2025-2026 school year, students in grades 1 and 2 will be assessed starting in mid-October. Kindergarten students will be assessed startin in mid-January. If a student enrolls after this date, the student will be assessed within 45 calendar days of enrollment. Parents who wish to opt their child out of the screening must provide written notice by October 1 for 1^st and 2^nd grade or by January 1^st for kindergarten, or within the first month of enrollment. Written notices should be addressed to Tyler Rydeen, School Psychologist, at Brisbane School District, 1 Solano St, Brisbane, CA 94005, or [email protected].

EXEMPTION FROM HEALTH INSTRUCTIONS (EC 51240):  The District is required to teach certain health-related topics. If any part of a school’s instruction in health conflicts with the religious training and beliefs, including personal and moral convictions of the student’s parent, the student’s parent may submit a written request to the principal or designee to excuse the student from that part of the instruction.

HARM OR DESTRUCTION OF ANIMALS (EC 32255 et seq.):  Any pupil with a moral objection to dissecting or otherwise harming or destroying an animal, or any part thereof, must inform their teacher of the objection. Objections must be substantiated by a note from the student’s parent or guardian. When a student chooses to refrain from participation in an educational project involving the harmful or destructive use of an animal, the teacher may work with the student to develop and agree upon an alternative project, if such project is possible, so that the student may still obtain the knowledge, information, or experience required for the course. The alternative project shall require a comparable time and effort invested by the students – it shall not be more difficult than the original eduation project as a means to penalize the student. Students choosing an alternative education project shall pass all exams for the course in order to receive credit; however, if the test requires the harmful or destructive use of animals, the student may similarly request an alternative test. No student shall be discriminated against based upon their decision to exercise these rights.

ATTENDANCE

Student attendance is reported annually to the California Department of Education and is a part of  each student’s permanent school record. This includes all excused and unexcused absences, the number of tardies, and suspensions.

AVOIDING ABSENCES, WRITTEN EXCUSES: Brisbane School District urges parents to make sure their children attend school regularly and to schedule medical and other appointments after school or during school holidays. The district also asks that travel or other absences be avoided during the time school is in session. The higher the district’s daily attendance rate, the more a student will learn and the greater the amount of funding that the district will receive from the state for classroom instruction and academic programs. The school calendar is designed to minimize problems for families which plan vacations around traditional holiday periods, and thereby minimize student absences.

     Following an absence, a student is required to bring a written excuse from home when returning to school. Illnesses, and doctor and dental appointments are considered excused absences. Absences without a written excuse are recorded as unexcused.

     TARDINESS Children should be encouraged to be prompt as part of developing good habits. They are expected to be at school on time. If a child is late, the child should bring an excuse from home to the school office. Repeated tardies in excess of 30 minutes lead to the student being designated as truant.

     TRUANCY DEFINITIONS (EC 48260, 48262 and 48263.6):  A student is considered truant after three absences or three tardies of more than 30 minutes each time or any combination thereof and the absences or tardies are unexcused. After a student has been reported as a truant three or more times in a school year and the district has made a conscientious effort to meet with the family, the student is considered an habitual truant. A student who is absent from school without a valid excuse for 10% or more of the schooldays in one school year, from the date of enrollment to the current date, is considered a chronic truant. Unexcused absences are all absences that do not fall within EC 48205.

     ARREST OF TRUANTS/SCHOOL ATTENDANCE REVIEW BOARDS (EC 48263 and 48264):  The school attendance supervisor, administrator or designee, a peace officer, or probation officer may arrest or assume temporary custody during school hours, of any minor who is found away from their home and who is absent from school without valid excuse within the county, city or school district. A student who is an habitual truant may be referred to a School Attendance and Review Board (SARB).

     TRUANT CONSEQUENCES (EC 48263,48267, 48268, and 48269; WIC 236, 601, 601.3, 653.5, 654, and 651.5): Any student who is identified as “Truant” may be assigned as a ward of the court, if the available community resources do not resolve the students’ continued problem of truancy, by a Probation Officer or Deputy District Attorney.

     CHRONIC ABSENTEEISM (EC 60901): A student is considered a chronic absentee when they are absent on 10% or more of the school days in one school year, from the date of enrollment to the current date. Chronic absenteeism includes all absences – excused, unexcused and suspensions – and is an important measure because excessive absences negatively impact academic achievement and student engagement.

EXCUSED ABSENCES (EC 48205, 48980): In order for an absence to be excused, the reason for such absence must meet the criteria specified under EC 48205, as provided below. A student shall not have a grade reduced or lose academic credit for any excused absence if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time.

EC 48205. (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:

(1)    Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health.

(2)    Due to quarantine under the direction of a county or city health officer.

(3)    For purposes of having medical, dental, optometrical, or chiropractic services rendered.

(4)    For purposes of attending the funeral services or grieving the death of either a member of the pupil’s immediate family, or of a person that is determined by the pupil’s parent or guardian to be in such close association with the pupil as to be considered the pupil’s immediate family, so long as the absence is not more than five days per incident.

(5)    For purposes of jury duty in the manner provided for by law.

(6)    Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.

(7)    For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, 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 is 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 of the school district.

(8)    For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.

(9)    For purposes of spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.

(10)   For purposes of attending the pupil’s naturalization ceremony to become a United States citizen.

(11)   For purposes of participating in a cultural ceremony or event.

(12)   (A) For purposes of a middle school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.

(B)   (i) A middle school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.

(ii)    A middle school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.

(13)   (A) For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupil’s parent or guardian to be in such close association with the pupil as to be considered the pupil’s immediate family, has died, so long as the absence is not more than three days per incident.

(i)     To access services from a victim services organization or agency.

(ii)    To access grief support services.

(iii)  To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupil’s parent or guardian to be in such close association with the pupil as to be considered the pupil’s immediate family, including, but not limited to, temporary or permanent relocation.

(B)   Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.

(14)   Due to the pupil’s participation in military entrance processing.

(15)   Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.

(b)    A pupil absent from school pursuant to 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 for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.

(c)    For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.

(d)    Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.

(e)    For purposes of this section, the following definitions apply:

(1)    A “civic or political event” includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.

(2)    “Cultural” means relating to the practices, habits, beliefs, and traditions of a certain group of people.

(3)    “Immediate family” means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.

(4)    “Victim services organization or agency” has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code.

ABSENCE DUE TO CONFIDENTIAL MEDICAL SERVICES (EC 46010.1):  School authorities may excuse any pupil in grades 7-8 from school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian.

INSTRUCTION FOR PUPILS WITH TEMPORARY DISABILITIES (EC 48206.3, 48207 and 48208): Temporary disability means a physical, mental, or emotional disability incurred while a student is enrolled in a regular or an alternative education program, and after which the student can reasonably be expected to return without special intervention. Temporary disability is not a disability for which a student is identified as an individual with exceptional needs.

A student with a temporary disability which makes school attendance impossible or inadvisable shall be entitled to receive individual instruction at home or in a hospital or other residential health facility (“qualifying hospital”), excluding state hospitals. It is the responsibility of the parent to notify the school principal and request for individual instruction (also referred to as “home and hospital instruction”). When notified that a student has a temporary disability, the principal shall determine within five working days whether the student is eligible to receive individual instruction. If determined that individual instruction is appropriate, the instruction shall begin within five working days from the date the determination was made. Students who cannot attend regular school for less than 16 school days may, alternatively, participate in the short-term independent study program.

If a student with a temporary disability is in a qualifying hospital that is located outside the school district in which the student’s parent resides, it is the parent’s responsibility to notify the school district in which the qualifying hospital is located of the student’s presence. The location of the qualifying hospital is considered the student’s place of residence during their stay there; therefore, the student shall receive individual instruction by the school district in which they are temporarily residing unless BSD has entered into an agreement with the other district to provide the individual instruction.

     Every effort shall be made for students to continue with the courses that are necessary for the student to maintain their academic status, but in some cases, this will not be possible due to various constraints. District staff may not be able to replicate certain highly specialized courses or a given course in the individualized instruction setting. For example, world languages, PE, laboratory sciences, higher-level mathematics classes, and some electives cannot be replicated.

BSD may continue to enroll a student with a temporary disability who is receiving individual instruction in a qualifying hospital to facilitate the timely reentry of the student in their prior school after the hospitalization has ended, or to provide a partial week of instruction at school or at home to a student who is no longer confined to the hospital setting. The total days of instruction may not exceed the maximum of five days in the combined setting, and attendance may not be duplicated. The supervisor of attendance will ensure that absences from the regular school program are excused until the student is able to return to that program.

COMMUNICATION

PARENT PARTICIPATION IN SCHOOL MEETINGS AND CONFERENCES (LC 230.8): If the parent’s employer has 25 or more employees, the parent must be allowed to attend school meetings and events for their children, up to a maximum of 40 hours each year without discrimination or fear of job loss. Purposes to attend child-related activities include:  enrollment in grades 1-12, to address child care or school emergency, behavior or discipline concern that requires immediate parent attention, sudden school closure, or natural disaster. (“Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in.) If an employer discharges, threatens to discharge, demotes, suspends or otherwise discriminates against the parent, the employee may be entitled to reinstatement and reimbursement for lost income or benefits. See Labor Code for more details.

RIGHTS OF PARENTS AND GUARDIANS TO INFORMATION [EC 51101 (in part)]: 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: (1) Within a reasonable period of time after making the request, to observe their child’s classroom(s). (2) Within a reasonable time of their request, to meet with their child's teacher(s) and the principal. (3) 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. (4) To be notified on a timely basis if their child is absent from school without permission. (5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of their child’s school on standardized statewide tests. (6) To request a particular school for their child, and to receive a response from the school district. (7) To have a school environment for their child that is safe and supportive of learning. (8) To examine the curriculum materials of their child’s class(es). (9) To be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child. (10) To have access to the school records of their child. (11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish. (12) To be informed in advance about school rules, including disciplinary rules and procedures, attendance policies, dress codes, and procedures for visiting the school. (13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test. (14) To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team. (15) To question anything in their child's record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school. (16) To be notified, as early in the school year as practicable, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.

PARENT ENGAGEMENT: SCHOOL ACCOUNTABILITY (EC 11500, 11501, 11502, 11503): To participate in the district offerings of parent education and to provide parental input to the local training programs for parents, please contact your school site principal for more information.

OPEN MEETINGS: PUBLIC COMMENTS: TRANSLATION (GC 54954.3): As a parent, you have a right to participate in open meetings with the school district. If you require a translator, one will be provided for you with the time allotment doubled to allow for both English and primary language translation. Please contact the school or district office in advance of the meeting to allow us to schedule a translator.

SCHOOL SAFETY PLAN (EC 32280 et seq., 32282.5): Natural and human-caused disasters affect everyone which is why it is important to be prepared at home, at school, at work, and in the community. Parents/guardians are encouraged to review the safety educational materials provided on the California Department of Education Web page at http://www.cde.ca.gov/ls/ss/cp/pupilsafetyeducmat.asp. The materials are available in multiple languages and can be used to help families prepare for different types of emergencies and crisis.

     The Brisbane School District also has a Comprehensive School Safety Plan, and each school in the district has a safety plan, which include a plan for disaster preparedness, emergency procedures, and assessment and response to reports of dangerous, violent, or unlawful activities conducted or threatened to be conducted at school, a school activity, or on a school bus (including SAMTRANS). Copies are available on the District’s website and in each school office. Fire and emergency drills are held periodically at each school.

PUPIL RECORDS (EC 49063 and 49069, 34 CFR 99.7, 20 USC 1232g): A cumulative record, whether recorded by handwriting, print, tapes, film, microfilm or other means, must be maintained on the history of a pupil’s development and educational progress. The District will protect the privacy of such records. Parents/guardians have the right to 1) inspect and review the student’s educational record maintained by the school, 2) request that a school correct records which they believe to be inaccurate or misleading, and 3) have some control over the disclosure of information from educational records. School officials with legitimate educational interests may access student records without parental consent as long as the official needs to review the records in order to fulfill their professional responsibility. Upon request from officials of another school district in which a student seeks or intends to enroll, the District shall disclose educational records without parental consent. Parents’ request to access their student’s educational records must be submitted in a written form to the school or district office. The school will have five (5) business days from the day of receipt of the request to provide access to the records. (A business day is one in which the school office is open.)  Any challenge to school records must be submitted in writing to the principal. A parent challenging school records must show that the records are 1) inaccurate, 2) an unsubstantiated personal conclusion or inference, 3) a conclusion or inference outside the observer’s area of competence, 4) not based on the personal observation of a named person with the time and place of the observation noted, 5) misleading, or 6) in violation of the privacy or other rights of the student. Parents have the right to file a complaint with the United States Department of Education concerning an alleged failure by the District to comply with the provisions of the United States Family Educational Rights and Privacy Act (FERPA) by writing to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., SW, Washington, D.C. 20202-4605.

PUPIL RECORDS OBTAINED FROM SOCIAL MEDIA (EC 49073.6): Other than the school newspaper and yearbook, the school may gather information in the forms of video, photograph, blog, texts, and emails, to maintain school and student safety. All social media information gathered will be destroyed within one year after the student is no longer enrolled.

RELEASE OF JUVENILE INFORMATION (WIC 831): Juvenile court records should be confidential, regardless of the juvenile’s immigration status. Only if a court order is provided, will any student information be disseminated, attached or provided to federal officials. The court order must indicate prior approval of the presiding judge of the juvenile court. Otherwise, juvenile information is protected from distribution and remains private without a court order.

     Whenever a pupil has been found by a court to have committed any felony or misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying of weapons, a sex offense, assault or battery, larceny, vandalism, or graffiti, the court will provide a written notice to the superintendent of the school district of attendance. The superintendent will then provide the information to the principal at the school of attendance, who will disseminate the information to any administrator, teacher, or counselor directly supervising or reporting on the behavior or progress of the pupil, allowing them to work with the pupil in an appropriate manner.

ENROLLMENT OPTIONS/PERMITS

RESIDENCY (EC 48200, 48204, 48204.3):  A minor between the ages of 6 and 18 years is subject to compulsory education and, unless exempted, must enroll in school in the school district in which the residence of either the parent or legal guardian is located. A pupil may alternatively comply with the residency requirements for school attendance in a school district, if he or she is any of the following: placed in a foster home or licensed children’s institution within the boundaries of the school district pursuant to a commitment of placement under the Welfare and Institutions Code; a pupil who is a foster child who remains in their school of origin; an emancipated pupil who resides within the boundaries of the school district; a pupil who lives in the home of a caregiving adult that is located within the boundaries of the school district; a pupil residing in a state hospital located within the boundaries of the school district; or a pupil whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order.

INDEPENDENT STUDY (EC 51744, 51745, 51745.5, 51746, 56026): Independent Study (IS) is by choice and may not be mandated. Each district and charter school that chooses to offer IS must have policies for independent study courses or curriculum equivalent time  to complete work expectations equal to what is offered in person. In addition, the short-term (1-15 school days) and long-term (16 or more school days) will require IS engagement defined per the policies adopted by the local governing board. PLEASE NOTE: The Board of Trustees is currently considering a revision to the District’s independent study program. For more information on BSD’s IS policy, contact your school principal.

INTRADISTRICT OPEN ENROLLMENT (EC 35160.5(b)): Residents of the Brisbane School District may be enrolled in any district school. Enrollment in district elementary schools is offered on a space-available basis, first-come, first-served. Information on each school within the District is provided on the District website. Transportation to all district schools is the responsibility of the parent. Students who are a victim of bullying shall be allowed an intradistrict permit to transfer if space is available at the same grade level. If there is no “intra-district” space to attend, the student may seek an “inter-district” permit to another district without any delay in release from the home district, but it does not guarantee entrance to an outside district. The process to enter another school district will be according to the desired district’s transfer policies. “Bullying” means any severe or pervasive physical or verbal communication made in writing or by means of an electronic act directed toward one or more pupils that results in placing a reasonable person in fear of harm of self or property. It may cause a substantially detrimental effect on physical or mental health, interfere with academic performance or the ability to participate in or benefit from the services, activities, or privileges provided by a school, and may be done in person or online. Bullying may be exhibited in the creation or transmission of bullying online, on or off the school site, by telephone or other device in a message, text, sound, video, or image in a post on a social network internet website or burn page that creates a credible impersonation of another student knowingly and without consent for the purpose of bullying. Sharing or forwarding messages contributes to the act of bullying. Informational meetings on open enrollment will be held upon request. Transfer application materials will be available by the first Monday in February and must be submitted by March 31. For further information please contact the district office.

INTERDISTRICT ATTENDANCE (EC 46600 et seq.):  Compulsory Education law states that students must enroll in school in the school district in which the residence of either the parent or legal guardian is located. If a parent is seeking a change in a public district outside of the resident district, then an interdistrict permit is required. Exceptions are for charter school, home school or other private school enrollments, and other online charter school options. An interdistrict agreement is signed by both the releasing and accepting districts. When denied, there are appeal processess according to the local district policies. The education rights holder may appeal to their County Office of Education for an appeal process within 30 days of a final denial from either district. Visit the BSD website (brisbanesd.org) for specific information and timelines for requesting an interdistrict transfer in or out of the Brisbane School District schools.

VICTIM OF A VIOLENT CRIME (20 USC 7912): A student who becomes a victim of a violent criminal offense while in or on the grounds of a school that the student attends, has the right to transfer to another school within the district. If there is not another school within the area served by the district, the district may explore other appropriate options such as an agreement with a neighboring district to accept pupils through an interdistrict transfer. For more information, please contact the district office at 415-467-0550.

NOTICE OF ALTERNATIVE SCHOOLS (EC 58501): California state law authorizes all school districts to provide for alternative schools. Education Code 58500 defines alternative school as a school or separate class group within a school which 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, responsibility, and joy. (2) Recognize that the best learning takes place when the student learns because of their desire to learn. (3) Maintain a learning situation maximizing student self-motivation and encouraging the student in their own time to follow their own interests. These interests may be conceived by him/her totally and independently or may result in whole or in part from a presentation by their teachers of choices of learning projects. (4) 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. (5) 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.