Marin County Grand Jury • 2024-2025 • Agency Response
Response to: School Resource Officers Revisited

Chool District Rod Kerr, Foreperson Marin County Civil Grand Jury*

Published: August 28, 2024 83 pages
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Findings and Recommendations 7 findings

F1
Communication with parents and guardians regarding special education services and resources at every child's development stage is critical to identifying whether children have learning differences. Response: Partially Agree The Kentfield School District agrees that communication with parents regarding the provision of special education services is critical; however, the initial communication with Kentfield School District parents/guardians regarding special education services takes place when all general education interventions have been exhausted or the student is demonstrating acute educational needs that likely could not be addressed without the provision of special education support and services - and not before. The Kentfield School District's communications with parents/guardians typically center on a child's present levels when compared to developmental milestones or age/grade level behavioral/academic expectations, not the provision of special education services -unless such discussions are warranted. The Kentfield School District's approach is driven by Education Code section 56303, which states that "a pupil shall be referred for special educational instruction and services only after the resources of the regular education program have been considered and, where appropriate utilized." To ensure that all parents and guardians are made aware of the availability of special education services, the Kentfield School District provides annual notice regarding special education and the Child Find process to all families of children enrolled within the district (see the 2024-2025 Kentfield School District's Annual Notice driven by California Education Code 56301 attached). Additionally, when general education supports are not successful in addressing a student's needs, and again consistent with California Education Code 56301, all children within the Kentfield School District who are or may be in need of special education and related services, are identified, located, and assessed. It is at this time, when the "Child Find" process has been initiated and a student is suspected of having a disability, that specific communication related to special education services takes place. Once the Child Find process is activated, Kentfield School District parents/guardians receive a more explicit and lengthy communication that provides a full explanation of parent's special education rights within thirteen identified categories. That statement of rights, commonly referred to as "Procedural Safeguards," is provided to Kentfield School District parents upon initial referral for special education services and at least annually thereafter if the child is receiving special education services (see sample Procedural Safeguards attached). All of the activities above permit the Kentfield School District to meet or exceed their Child Find obligations under state and federal law.
Related Recommendations (1)
R1
Each school district should inform parents and guardians at least annually about special education services and resources available to their students, such as Matrix and the Special Education Local Plan Area. Response: The recommendation has been implemented This recommendation has been implemented. The Kentfield School District is currently providing notice to families annually about special education, including the facilitation of an annual Individualized Education Program (IEP) meeting with parents/guardians to discuss special education services.
F2
Many school districts do not have sufficient information on their website to inform parents and guardians of their rights under federal and state laws to have their children assessed to determine whether they are entitled to special education services. Response: Partially Agree At the time the Grand Jury Report, To Learn or Not to Learn: Are Children with Learning Differences Set Up for Success?, was released, the Kentfield School District did have information about special education available on their website. With that said, there are currently no statutes, federal or state, that require school districts to post information on their website to inform parents/guardians of their rights under federal and/or state laws related to having their children assessed to determine special education eligibility. Although the Kentfield School District website does serve an important function related to generalized one-way communication with our school community, the Kentfield School District elects to communicate with families regarding the federal and state laws concerning special education in many other ways, such as in-person meetings, phone calls, student study teams meetings, and Individualized Education Program (IEP) meetings, etc.
Related Recommendations (1)
R2
Each school district should develop and implement targeted communication strategies tailored to all parents and guardians regarding their student's rights concerning learning differences. Response: The recommendation has been implemented This recommendation has been implemented. The Kentfield School District is currently using a variety of targeted communication methods with parents/guardians, including emails, website postings, phone calls, and in-person conferences.
F3
Each school district should have information on its website describing the services available for students with learning differences. Response: Partially Agree All parents/guardians should know what services are available to students with disabilities under the Individuals with Disabilities Education Act (IDEA). This is first accomplished by the Marin County Special Education Local Plan Area (SELPA) developing and adopting an annual special education service plan consistent with California Education Code 56205(b)(2). The plan (see attached Marin County SELPA 2024-2025 Service Plan) includes a description of special education services to be provided by the Kentfield School District, including the nature of the services and the physical location at which the services will be provided. Additionally, the Marin County SELPA has a description of special education programming available within Marin County school districts consistent with the California Education Code 56361 requirement for a continuum of special education programming options to be available within each SELPA. This information is updated on an annual basis and can be accessed on the Marin County SELPA website (see https://selpa.marinschools.org/about-selpa). It would be misleading to attempt to describe the specific special education services available under the IDEA on the Kentfield School District's website. Every student with an Individualized Education Program (IEP) is unique and the range of services available to a student is dependent on the identified needs of the student and the
Related Recommendations (1)
R3
Each school district should use the Special Education Information System service tracking module to track every student's Individualized Education Programs allocated service hours and the hours provided to each student. Response: The recommendation requires further analysis There are no findings that suggest that the Kentfield School District is not effectively tracking Individualized Education Program (IEP) service delivery. Further, the Kentfield School District is using a service delivery tracking system consistent with the California Department of Education's guidelines (see attached). The Kentfield School District will review the features available within the Special Education Information System (SEIS) service tracking module to determine if there is any benefit to adjust the Kentfield School District's current service tracking system. This analysis will take place during the 2024-2025 school year.
F4
The Special Education Information System is a valuable tool that, when used consistently, will increase the likelihood that students with learning differences will have their Individualized Education Programs effectively administered, thereby increasing the chances of success for those students. Response: Partially Agree The Special Education Information System (SEIS) is a valuable tool that supports the Kentfield School District with online access to develop Individualized Education Programs (IEPs), manage special education data, submit California Longitudinal Pupil Achievement Data System (CALPADS) reports, and track Individualized Education Program (IEP) service delivery. However, there are no findings in the report that suggest that the use of SEIS specifically or exclusively is connected to an increase in the effective administration of IEPs, or in student success.
Related Recommendations (1)
R4
The Marin County Office of Education should analyze each school district's Individualized Education Programs compliance data and make the results available to the public in its annual report. Response: The recommendation will not be implemented As noted in this report on , the California Department of Education is required to establish a rigorous data collection process and evaluation program for monitoring the delivery of special education services to students with Individualized Education Programs (IEPs). The responsibility for monitoring and analyzing service delivery rests with the California Department of Education. ANNUAL NOTICE TO PARENTS 2023-2024 DEAR PARENT/GUARDIAN: Section 48980 of the Education Code of California requires that notice be given at the beginning of the first semester or quarter of the regular school term to the parent or guardian of the minor pupils in the school district regarding the rights of the parent or guardian under sections 35291, 46014, 46015, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51938, Chapter 2.3 (commencing with section 32255) of Part 19, and notice of the availability of the program prescribed by Article 9 (commencing with section 49510) of Chapter 9 and of the availability of individualized instruction under section 48206.3. Section 48982 requires that this Notice be signed and returned by the parent or guardian to the school. Signature and return of the attached form is acknowledgement by the parent or guardian that he or she has been informed of his or her rights but does not indicate that consent to participate in any particular program has either been given or withheld. Pursuant to parent request, the annual notification may be provided to the parent or quardian in electronic format by providing access to the notice electronically. If the notice is provided in electronic format, the parent or guardian must submit to the school a signed acknowledgment of receipt of this notice. Some legislation requires additional notification to the parents or guardians during the school term or at least 15 days prior to a specific activity. (A separate letter will be sent to parents or guardians prior to any of these specified activities or classes, and the student will be excused whenever the parents or guardians file with the principal of the school a statement in writing requesting that their child not participate.) Other legislation grants certain rights that are spelled out in this form. Accordingly, you are hereby notified as follows (when used in this notification "parent" includes a parent or legal guardian): all personally identifiable written records maintained by the school district STUDENT DISCIPLINE must be granted to: (1) Parents of students 17 and younger; (2) Parents of students age 18 and older if the student is a dependent for tax purposes and RULES AND PROCEDURES ON SCHOOL DISCIPLINE (EC §35291): the records are needed for a legitimate educational purpose; (3) Students Rules pertaining to student discipline, including those that govern age 18 and older, or students who are enrolled in an institution of suspension or expulsion, are set forth in Education Code Sections 48900 postsecondary instruction (called "eligible students"); (4) Pupils age 14 and and following, and are available upon request from the school. In addition, over who are identified as both homeless and an unaccompanied youth; (5) the following disciplinary information is provided to parents: Individuals who have completed and signed a Caregiver's Authorization DUTY CONCERNING CONDUCT OF PUPILS (EC §44807): Every teacher Affidavit. shall hold pupils accountable for their conduct on the way to and from Parents, or an eligible student, may review individual records by making a school, and on the playground. request to the principal. Districts must respond to a pupil record request by DUTIES OF PUPILS (5 CCR §300): Pupils must conform to school providing access no later than five business days following the date of the regulations, obey all directions, be diligent in study, be respectful of request. The principal will see that explanation and interpretations are teachers/others in authority, and refrain from profane/vulgar language. provided if requested. Information that is alleged to be inaccurate or inappropriate may be removed upon request. In addition, parents or eligible HAZING PROHIBITION (EC §48900(q)): Pupils and other persons in students may receive a copy of any information in the records at reasonable attendance are prohibited from engaging or attempting to engage in hazing. cost per page. District policies and procedures relating to: location of, and types of records; kinds of information retained; availability of certificated DRESS CODE/GANG APPAREL (EC §35183): The district is authorized to personnel to interpret records if requested; persons responsible for records; adopt a reasonable dress code. directory information; access by other persons; review and challenge of ATTENDANCE OF SUSPENDED PUPIL'S PARENT (EC §48900.1; LC records are available through the principal at each school. When a student §230.7): If a teacher suspends a student, the teacher may require the child's moves to a new district, records will be forwarded upon the request of the parent to attend a portion of the school day in his or her child's class. new school district within ten school days. At the time of transfer, the parent Employers may not discriminate against parents who are required to comply or eligible student may review, receive a copy (at a reasonable fee), and/or with this requirement. challenge the records. SCHOOL ACCOUNTABILITY REPORT CARD (EC §35256, 35258): If you believe the district is not in compliance with federal regulations Districts are to make a concerted effort to notify parents of the purpose of regarding privacy, you may file a complaint with the United States school accountability report cards, and ensure that all parents have access Department of Education (20 USC §1232g). to a copy. You have the right to inspect all instructional materials which will be used in connection with any survey, analysis, or evaluation as part of any applicable SAFE PLACE TO LEARN ACT (EC §234.1): The district is committed to program. maintaining a learning and working environment that is free from bullying, as defined in EC §48900(r). Any student who engages in bullying of anyone in RELEASE OF PUPIL DIRECTORY INFORMATION (EC §49073, 34 CFR or from the district may be subject to disciplinary action up to and including 99.37): The district also makes student directory information available in expulsion. The district's policies and process for filing a complaint should be accordance with state and federal laws. This means that each student's publicized to pupils, parents, employees and agents of the governing board. name, birth date, address, telephone number, email address, major course The notice shall be in English and in the primary language of the recipient. of study, participation in officially recognized school activities, dates of For a copy of the district's anti-discrimination, anti-harassment, anti- attendance, degrees and awards received, and most recent previous public intimidation, and anti-bullying policies or to report incidences of bullying or private school attendance may be released in accordance with board please contact the district office. These policies shall be posted in schools policy. In addition, height and weight of athletes may be made available. and offices. Appropriate directory information may be provided to any agency or person except private, profit-making organizations (other than employers, potential SCHOOL RECORDS AND ACHIEVEMENT employers or the news media). Directory information does not include citizenship status, immigration status, place of birth, or any other information indicating national origin (except where the district receives consent as PUPIL RECORDS/NOTICE OF PRIVACY RIGHTS OF PARENTS AND required under state law). Names and addresses of seniors or terminating STUDENTS (EC §49063 et seq., §49069.7, §49073, 34 CFR 99.30, 34 CFR students may be given to public or private schools and colleges. Parents and 99.34, and the federal Family Educational Rights and Privacy Act): eligible students will be notified prior to the destruction of any special Federal and state laws concerning student records grant certain rights of education records. You have the right to inspect a survey or other instrument privacy and right of access to students and to their parents. Full access to SCHOOL & COLLEGE LEGAL SERVICES SCLS OF CALIFORNIA © 2023 | www.sclscal.org to be administered or distributed to your child that either collects personal there is good reason to believe the child is suffering from a recognized information for marketing or sale or requests information about beliefs and contagious disease, the child will be excluded from school attendance. practices and any instructional material to be used as part of your child's VISION APPRAISAL (EC §49455): The district is required to appraise each educational curriculum. Please contact your child's school if you wish to student's vision during kindergarten, upon initial enrollment, and in grades 2, inspect such a survey or other instrument. 5, and 8. Appraisal in the year immediately following a student's first enrollment in grades 4 or 7 shall not be required. The appraisal shall include Upon written request from the parent of a student age 17 or younger, the tests for visual acuity, near vision, and color vision; however, color vision district will withhold directory information about the student. If the student is shall be appraised once and only on male students. The evaluation may be 18 or older or enrolled in an institution of postsecondary instruction and waived upon presentation of a certificate from a physician, surgeon, makes a written request, the student's request to deny access to directory physician's assistant, or optometrist setting out the results of a determination information will be honored. Requests must be submitted within 30 calendar of the student's vision, including visual acuity and color vision. This appraisal days of the receipt of this notification. (See attached form.) Additionally, is not required if a parent files a written objection based on a religious belief directory information related to homeless or unaccompanied youths will not with the principal. be released without the express written consent for its release by the eligible pupil or guardian. SCOLIOSIS SCREENING NOTICE (EC §§49451 and 49452.5): In addition to the physical examinations required pursuant to Sections 100275, 124035 RELEASE OF INFO TO MILITARY SERVICES REPS / RELEASE OF and 124090 of the Health and Safety Code, the district may provide for the TELEPHONE NUMBERS (EC §49073.5; 20 USC §7908): Parents of screening of every female student in grade 7 and every male student in secondary students may request in writing that the student's name, address, grade 8 for the condition known as scoliosis. and telephone listing not be released to armed forces recruiters without prior written parental consent. DENTAL FLUORIDE TREATMENT (H&SC §104830 et seq.): Pupils will be provided the opportunity to receive the topical application of fluoride or other PARTICIPATION IN STATE ASSESSMENTS AND OPTION TO REQUEST decay-inhibiting agent to each pupil's teeth if the parent, or eligible pupil EXEMPTION (EC § 60615, 5 CCR § 852): Pupils in applicable grade levels submits a letter stating that the treatment is desired. will participate in the California Assessment of Student Performance and Progress (CAASPP) except as exempted by law. Each year, a parent may PUPIL NUTRITION/NOTICE OF FREE AND REDUCED PRICE MEALS submit a written request to excuse his or her child from any or all parts of the (EC §§48980(b), 49510, 49520 and 49558): Needy children may be eligible CAASPP assessments for that school year. If the parent submits the for free or reduced price meals. Details, eligibility criteria, and applications to exemption request after testing begins, any test(s) completed before the participate in a free or reduced price meal program if it is available are request is submitted will be scored; the results will be included in the pupil's available at your child's school. Individual records pertaining to student records and reported to the parent. School district employees will not solicit participation in any free or reduced-price meal program may, under or encourage any exemption request on behalf of a pupil or group of pupils. appropriate circumstances, be used by school district employees to identify students eligible for public school choice and services pursuant to the federal HIGH SCHOOL CURRICULUM: NOTIFICATION REGARDING COLLEGE Every Student Succeeds Act. When a household is selected for verification PREPARATORY COURSES (EC §51229): Districts are required to provide of eligibility for free and reduced meals, the District must notify the parent parents of each minor pupil enrolled in grades 9 to 12 written notice of that their child(ren)'s eligibility is being verified. college admission requirements and career technical education courses. COMMUNICABLE DISEASES (EC §48216 and 49403): The district is authorized to administer immunizing agents to pupils whose parents have ADVANCED PLACEMENT EXAMINATION FEES (EC §48980(j), EC §52242): State funds are available to cover the costs of advanced placement consented in writing to the administration of such immunizing agent. The examination fees. district is required to exclude pupils who have not been properly immunized pursuant to Health and Safety Code 120325 and 120335. The district must notify parents that they have two weeks to supply evidence either that the RELEASE OF STUDENT RECORDS/COMPLIANCE WITH SUBPOENA pupil has been properly immunized or is exempted from the requirement. All OR COURT ORDER (EC §§49076 and 49077): Districts are required to students entering kindergarten, advancing from sixth to seventh grade in the make a reasonable effort to notify parents in advance of disclosing student district, or prior to his or her first admission to the district, will be required to information pursuant to a subpoena or court order. comply with the immunization requirements of Health and Safety Code section 120335, unless the student provides the district with a valid RELEASE OF STUDENT RECORDS TO SCHOOL OFFICIALS AND exemption from a licensed physician. No new personal belief exemptions will EMPLOYEES OF THE DISTRICT (EC §§49076(a)(1) and 49064(d)): be accepted. Students with personal-belief exemptions on file with the district Districts may release educational records, without obtaining prior written as of January 1, 2016, shall be allowed to continue enrollment until entering parental consent, to any school official or employee, which would include the next grade span in the district. Grade spans are defined as birth through accountants, consultants, contractors, or other service providers, who have a preschool, K-6, including transitional kindergarten, and 7-12. Students legitimate educational interest in the educational record. qualified for an individualized education program may access special education and related services as required by his or her individualized HEALTH SERVICES educational program. MEDICATION (EC §49423, §49423.1): Any student who must take CHILD HEALTH AND DISABILITIES PREVENTION PROGRAM (H&SC prescribed medication at school and who desires assistance of school §124085): Physical examinations are required as a prerequisite for personnel must submit a written statement of instructions from the physician enrollment in the first grade. Free health screening may be available through and a parental request for assistance in administering the medication. the local health department. Failure to comply with this requirement or sign Students may also carry and self-administer prescription auto-injectable an appropriate waiver may result in exclusion of your child from school for up epinephrine and prescription inhaled asthma medication upon the school's to five days. receipt of specified written confirmation with instructions for self- PHYSICAL EXAMINATION; PARENT REFUSAL TO CONSENT (EC administration and authorization from the student's parent and physician or §49451): A child may be exempt from physical examination whenever the surgeon. The parent must release the school district and personnel from parents file, annually, a written statement with the school principal stating liability for any harm resulting from the self-administered medication, and that they will not consent to routine physical exam of their child. Whenever provide a release for authorized school personnel to consult with the physician or surgeon. SCHOOL & COLLEGE LEGAL SERVICES SCLS OF CALIFORNIA © 2023 | www.sclscal.org MEDICAL AND HOSPITAL SERVICES FOR PUPILS (EC §§49471 and STUDENT SERVICES 49472): The district is required to notify parents in writing if it does not provide or make available medical and hospital services for students injured MINIMUM AGE OF ADMISSION TO KINDERGARTEN (EC §48000): A while participating in athletic activities. The district is also authorized to child shall be eligible for enrollment in kindergarten at the beginning of the provide medical or hospital services through non-profit membership school year or at a later time in the same year, if the child has their fifth corporations or insurance policies for student injuries arising out of school- birthday, respectively, on or before September 1. For the 2023-24 school related activities. year, any child who will have their fifth birthday between September 2 and April 2 shall be admitted to a transitional kindergarten program in accordance AVAILABILITY OF INDIVIDUALIZED INSTRUCTION/PRESENCE OF with law and district policy. On a case-by-case basis, a child who has PUPIL WITH TEMPORARY DISABILITY IN HOSPITAL (EC §§48206.3, reached age five after the date listed above but before the end of the 48207-48208): Individualized instruction is available to students with applicable school year, may be admitted to transitional kindergarten with the temporary disabilities whose disability makes attendance in the regular day approval of the child's parent and subject to board approval in accordance classes or alternative education program in which the student is enrolled with EC §48000. A school district may place a child who will have their fourth impossible or inadvisable. Parents of students hospitalized or with a birthday on or before December 1 and is enrolled in a California state temporary disability shall notify the school district(s) where the student preschool program into a transitional kindergarten program classroom in attends, resides and/or where the student receives care if an individualized accordance with EC §48000. instruction program is desired. CONTINUING MEDICATION REGIMEN (EC §49480): Parents of any PREGNANT AND PARENTING PUPILS (EC §§ 221.51, 222, 222.5, student on a continuing medication regimen for a non-episodic condition 46015): Districts may not exclude nor deny any pupil from any educational shall inform the school nurse or other designated certificated school program or activity on the basis of the pupil's pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, and shall treat employee of the medication(s) being taken, the current dosage, and the name of the supervising physician. (See attached form.) With the consent of these conditions in the same manner and under the same policies as any the parent, the school nurse may communicate with the physician and may other temporary disabling condition. A pregnant or parenting pupil is entitled counsel with school personnel regarding the possible effects of the drug on to 8 weeks of parental leave, or additional leave if deemed medically the child's physical, intellectual, and social behavior, as well as possible necessary by the pupil's physician. During parental leave, absences shall be behavioral signs and symptoms of adverse side effects, omission, or excused and the pupil shall not be required to complete academic work or overdose. other school requirements. After return from parental leave, a pupil may resume the course of study in which he/she was previously enrolled, is SUN PROTECTIVE CLOTHING/USE OF SUNSCREEN (EC §35183.5): entitled to make up work missed, and to take a fifth year of high school School sites must allow for outdoor use of sun-protective clothing and must instruction if necessary to complete graduation requirements. A pupil may allow students to use sunscreen, without a prescription or physician's note, elect to attend an alternative education option instead of returning to the during the school day. school in which he or she was enrolled prior to parental leave. Schools shall provide reasonable accommodations to a lactating pupil on a school campus ASBESTOS (40 CFR 763.84, 40 CFR 763.93): The district has a plan for to express breast milk, breast-feed an infant child, or address other needs eliminating health risks that are created by the presence of asbestos in related to breast-feeding. A pupil shall not incur an academic penalty as a school buildings. It may be reviewed at the district office. At least once each result of his or her use of these accommodations. year, the district will notify parents of inspections, response actions, and post-response action activities that are planned or in progress. PROSPECTUS OF SCHOOL CURRICULUM (EC §49091.14): The USE OF PESTICIDES (EC §§17611.5, 17612 and 48980.3): School districts curriculum of every course offered by the schools of the district is compiled are required to inform parents about the use of pesticides on school grounds annually by each school in a prospectus. Each school prospectus is and provide access to the integrated pest management plan when certain available for review upon request at each school site. Copies are available pesticides are used. (See attached.) upon request for a fee not to exceed the actual copying cost. COMPREHENSIVE SCHOOL SAFETY PLAN (EC §§32280 et seq.): Each MULTILINGUAL EDUCATION (EC §310): If the district implements a school is required to report on the status of its school safety plan, including a language acquisition program pursuant to EC §310, information on the types description of its key elements, in the annual school accountability report of language programs available and a description of each program will be card (SARC). The planning committee is required to hold a public meeting to made available with this notice or upon enrollment. allow members of the public the opportunity to express an opinion about the SPECIAL EDUCATION (IDEA): State and federal law requires that a free school plan. The planning committee shall notify specified persons and appropriate public education (FAPE) in the least restrictive environment be entities in writing. offered to qualified pupils with disabilities ages 3 through 21 years. More NOTICE OF COMPLIANCE (EC §32289): A complaint of noncompliance information concerning student eligibility, parental rights and procedural with the school safety planning requirements may be filed with the State safeguards are available upon request. Department of Education under the Uniform Complaint Procedures (5 CCR SPECIAL EDUCATION; CHILD FIND SYSTEM (EC §56301): Any parent 4600 et seq.). suspecting that a child has exceptional needs may request an assessment for eligibility for special education services through the school principal. TOBACCO FREE SCHOOLS (HS §104420): Use of tobacco products at any Policy and procedures shall include written notification to all parents of their time by students, staff, parents, or visitors, is strictly prohibited in district- rights pursuant to EC §56300. owned or leased buildings, on district property, and in district vehicles. This prohibition applies to all employees, students, and visitors at any school- SPECIAL EDUCATION COMPLAINTS (5 CCR §3080): State regulations sponsored instructional program, activity, or athletic event held on or off require the district to establish procedures to deal with complaints regarding district property. Prohibited products include any product containing tobacco special education. If you believe that the district is in violation of federal or or nicotine, including, but not limited to, smokeless tobacco, snuff, chew, state law governing the identification or placement of a special education clove cigarettes, and electronic cigarettes that can deliver nicotine and student, or similar issues, you may file a written complaint with the district. nonnicotine vaporized solutions. Exceptions may be made for the use or State regulations require the district to forward your complaint to the State possession of prescription nicotine products. Any employee or student who Superintendent of Public Instruction. Procedures are available from your violates the district's tobacco-free schools policy shall be asked to refrain school principal. from smoking and shall be subject to disciplinary action as appropriate. SCHOOL & COLLEGE LEGAL SERVICES SCLS OF CALIFORNIA © 2023 | www.sclscal.org SECTION 504/DISABLED PUPILS (Section 504 of the Rehabilitation Act consultants in class or during an assembly. The notice must include the date of instruction, the name of the organization or affiliation of each guest of 1973): Federal law requires the district to annually notify disabled pupils and their parents of the district's non-discriminatory policy and duty under speaker and information stating that the parent has the right to request a Section 504 of the Rehabilitation Act. copy of the law pertaining to such instruction. Parents have the right to excuse his or her child from all or part of the comprehensive sexual health STATEMENT OF NONDISCRIMINATION (Title VI of the Civil Rights Act and HIV prevention education by submitting a written request to the district. of 1964; Title IX of the U.S. Education Amendments of 1972; Americans Those students whose parents do not submit a written request to excuse with Disabilities Act; Section 504 of the Vocational Rehabilitation Act of them will receive such instruction. The law also authorizes the district, 1973; EC §200 et seq.): The district does not discriminate on the basis of without prior parental consent, to use anonymous, voluntary and confidential gender, gender identity, gender expression, sex, race, color, religion, research and evaluation tools to measure student's health behaviors and national origin, ethnic group identification, age, genetic information, mental or risks, including tests, questionnaires, and surveys containing age appropriate physical disability, sexual orientation, immigration status, or the perception of guestions in grades 7 to 12 about the student's attitudes concerning or one or more of such characteristics. The district's policy of nondiscrimination practices relating to sex. The district must notify parents in writing before any requires notification in native language if the district's service area contains a such test, questionnaire, or survey is administered and provide them with an community of minority persons with limited English language skills. opportunity to review the materials. Parents have the right to excuse his or Notification must state that the district will take steps to assure that the lack her child from such participation by submitting a written request to the school of English will not be a barrier to admission and participation in district district. programs. This policy applies to all students insofar as participation in programs and activities is concerned, with few exceptions such as contact HEALTH INSTRUCTION/CONFLICTS WITH RELIGIOUS TRAINING AND sports. In accordance with federal law, complaints alleging noncompliance BELIEFS (EC §51240): Upon written request of a parent, students shall be with this policy should be directed to the school principal. Appeals may be excused from part of any school instruction in health if it conflicts with the made to the district superintendent. A copy of the district's nondiscrimination religious training and beliefs of a parent. policy is available upon request. EDUCATIONAL EQUITY REGARDLESS OF IMMIGRATION STATUS, SCHOOL ATTENDANCE/ATTENDANCE ALTERNATIVES CITIZENSHIP, OR RELIGION (EC §234.7): Children have a right to a free public education, regardless of immigration status, citizenship status, or California law (EC §48980(g)) requires all school boards to inform each religious beliefs. When enrolling a child, schools must accept a variety of student's parent at the beginning of the school year of the various ways in documents from the student's parent to demonstrate proof of child's age or which they may choose schools for their children to attend other than the residency. No information about citizenship/immigration status or Social ones assigned by school districts. Students who attend schools other than Security number is required to enroll in school. Parents have the option to those assigned by the districts are referred to as "transfer students" provide a school with emergency contact information, including the throughout this notification. There is one process for choosing a school information of secondary contacts, to identify a trusted adult guardian who within the district which the parent lives (intradistrict transfer), and potentially can care for a minor student in the event the parent is detained or deported. three separate processes for selecting schools in other districts (interdistrict Parents have the option to complete a Caregiver's Authorization Affidavit or transfer). The general requirements and limitations of each process are a Petition for Appointment of Temporary Guardian of the Person, which may described as follows: enable a trusted adult the authority to make educational and medical decisions for a minor student. Students have the right to report a hate crime Choosing a School Within District in Which Parent Lives: or file a complaint to the school district if they are discriminated against, The law (EC §35160.5(b)) requires the school board of each district to harassed, intimidated, or bullied on the basis of actual or perceived establish a policy that allows parents to choose the schools their children will nationality, ethnicity, or immigration status. The district will not release attend, regardless of where the parent lives in the district. The law limits information to third parties for immigration-enforcement purposes, except as choice within a school district as follows: required by law or court order. The California Attorney General's website provides "know your rights" resources for immigrant students and family
F5
Many school districts do not use the Special Education Information System to track whether the district has provided the service hours required by Individualized Education Programs. Response: Agree
Related Recommendations (1)
R5
Supporting student engagement; shall be reasonably equivalent to, but not necessarily identical to, the tests Highlighting school climate and connectedness;
F6
Data is not available electronically in Marin school districts to ascertain whether the districts are providing the service hours required by their students' Individualized Education Programs. Response: Partially Agree While digital Individualized Education Program (IEP) service delivery data may not be available across all school districts in Marin County, the Kentfield School District is recording and tracking IEP service delivery on an individual student level. If a parent/guardian has a question regarding the delivery of services to their student, the parent/guardian may request records from the Kentfield School District to help determine if special education services are being delivered at the frequency and duration indicated in the last agreed upon IEP. The Kentfield School District will provide the requested information to the parent/guardian (electronically or otherwise) and work to address any reported discrepancies in service delivery, if needed.
Related Recommendations (1)
R6
and assignments that the pupil missed during the absence. Ensuring all students have access to a broad course of study;
F7
The co-teaching method can reduce the negative connotations of a special education class by including the resource specialist in the general education classroom to assist students with learning differences. Response: Partially Agree Co-teaching is one method of instruction to assist students with learning differences in the general education classroom that may work to reduce any negative connotations associated with special education service delivery.
Related Recommendations (1)
R7
A description of any other factors relevant to the action proposed or refused. (20 USC sections 1415[b][3] and [4], 1415[c][1], and 1414[b][1]; 34 CFR Section 300.503) Parental Consent When is my approval required for assessment? You have the right to refer your child for special education services. You must give informed, written consent before your child's first special education assessment can proceed. The parent has at least 15 days from the receipt of the proposed assessment plan to arrive at a decision. The assessment may begin immediately upon receipt of the consent and must be completed and an IEP developed of your consent. When is my approval required for services? You must give informed, written consent before your school district can provide your child with special education and related services. T21-822, Notice of Procedural Safeguards, English, Arial font California Department of Education What are the procedures when a parent does not provide consent? If you do not provide consent for an initial assessment or fail to respond to a request to provide the consent, the school district may pursue the initial assessment by utilizing due process procedures. If you refuse to consent to the initiation of services, the school district must not provide special education and related services and shall not seek to provide services through due process procedures. If you consent in writing to the special education and related services for your child but do not consent to all of the components of the IEP, those components of the program to which you have consented must be implemented without delay. If the school district determines that the proposed special education program component to which you do not consent is necessary to provide a FAPE to your child, a due process hearing must be initiated. If a due process hearing is held, the hearing decision shall be final and binding. In the case of reevaluations, the school district must document reasonable measures to obtain your consent. If you fail to respond, the school district may proceed with the reevaluation without your consent. (20 USC sections 1414[a][1][D] and 1414[c]; 34 CFR Section 300.300; EC sections 56506[e], 56321[c] and [d], and 56346). When may I revoke consent? If at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency:

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