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Annual Parent Notifications
Attendance
Regular attendance plays an important role in student achievement. Absence from school shall be excused only for health reasons, family emergencies, and justifiable personal reasons as specified in Education Code 48205, and work in the entertainment or allied industry as permitted pursuant to Education Code 48225.5 (See AR 5113).
Students may be excused from school in order to participate in religious exercises or to receive moral and religious instruction at their places of worship, or at other suitable places away from school property designated by a religious group, church, or denomination (Education Code 46014, 48980) (See AR 5113).
MVWSD may excuse any student from school to obtain confidential medical services without the consent of the student's parent/guardian (Education Code 46010.1). Parents/guardians and students are encouraged to schedule medical and other appointments during non-school hours (See AR 5113).
A student shall not have his/her 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 (Education Code 48980) (See AR 5113).
Attendance Options/Permits – Education Code 48980(h)
The following information is a summary of the attendance alternatives available to parents/guardians and their student and is intended to provide an overview of the laws applying to each alternative.
Residency – Education Code 48200 and 48204
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; 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; or a pupil residing in a state hospital located within the boundaries of the school district.
A school district may also deem a pupil as having complied with the residency requirements for school attendance in the school district if one or both the parents or legal guardians of the pupil are employed within the boundaries of the school district.
Open Enrollment – Education Code 35160.5(b)
Residents of the School District may apply to other schools within the District for their child to attend on a space available basis. Information on each school within the District is provided on the District website. Transportation to any other school is the responsibility of the parent.
Interdistrict Attendance – Education Code 46600 et seq.
School districts may enter into agreements for the interdistrict transfer of one or more pupils for a period of up to five years. The agreement must specify the terms and conditions for granting or denying transfers. The parent or legal guardian of a pupil may seek release from the home district to attend a school in any other school district under this agreement.
District of Choice – Education Code 48300 et seq.
Some school districts may choose to become a district of choice, that is, a district that accepts transfer students from outside the district under the terms of a resolution. A school board that decides to become a district of choice must determine the number of transfers it is willing to accept and make sure that students are selected through a "random and unbiased" process, which generally means a lottery process. Students must request transfer into a district of choice by January 1 of the prior school year. A modified application process is available for relocated military personnel.
Availability of Prospectus – Education Code 49063 and 49091.14
Each school must annually compile a prospectus of the curriculum to include titles, descriptions and instructional goals for every course offered by the school. Each school site shall make its prospectus available for review upon request.
Bullying
MVWSD has a policy prohibiting discrimination, harassment, intimidation, and bullying, based on actual or perceived characteristics. This policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district. Please see 5131.2 AR - Bullying (Education Code 48985)
Career Counseling and Course Selection – Education Code 221.5(d)
Commencing in grade 7, school personnel shall assist pupils with course selection or career counseling, exploring the possibility of careers, or courses leading to careers based on the interest and ability of the pupil and not on the pupil’s gender. Parents or legal guardians are notified so that they may participate in such counseling sessions and decisions.
Child Abuse and Neglect Reporting – Penal Code 11164 et seq.
The Mountain View Whisman School District staff members are required by law to report cases of child abuse and neglect whenever staff have a reasonable suspicion. Staff may not investigate to confirm the suspicion. Both the staff name and the report itself are confidential and cannot be disclosed except to authorized agencies.
Child Find System – Education Code 56301
Each school district, special education local plan area (SELPA), or county office shall establish written policy and procedures for continuous child find system including children with disabilities who are migrant or homeless or wards of the state and children with disabilities attending private schools. Policy and procedures shall include written notification to all parents of their rights regarding identification, referral, assessment, instructional planning, implementation, review, and procedures for initiating referral for assessment.
Children with Diabetes
Through a cooperative agreement with the American Diabetes Association (ADA), the California Department of Education ensures that all California students who are classified as disabled because of diabetes will have access to legally required care during the school day. Under the agreement, each local education agency will manage the delivery of this care in the best possible way for those students whose Individualized Education Programs or 504 Plans require administration of insulin and related services during the school day. A Legal Advisory spells out who may administer insulin at a school, and it requires that the local education agency must provide training in diabetes management to a volunteer, non-licensed staff member in cases when a school nurse or other licensed professional is not available.
Diabetes Awareness
In accordance with CA Education Code 59452.6 and 49452.7 information regarding Type 1 and Type 2 diabetes, including risk factors, is required to be provided to every incoming family to raise awareness about this disease. Early diagnosis and treatment of diabetes is especially important to children’s health. Please click here to learn more:
Type 1 Diabetes,
Type 2 Diabetes.
Confidential Medical Services – Education Code 46010.1
School authorities may excuse any pupil in grades 7-12 from the school for the purpose of obtaining confidential medical services without the consent of the pupil's parent or guardian. Notification of this code section is required; however, governing board implementation is permissive. In accordance with Mountain View Whisman School District Board Policy 5141.3, students being released for health care and emergency reasons must be checked out of the school through the school office by the parent/guardian or their designee. In addition, Mountain View Whisman School District Board Policy 5141.3 states that unemancipated minor students shall not be released from school for the purposes of obtaining confidential medical services without the consent of the student’s parent or guardian.
Dangerous Objects
Laser Pointer – Penal Code 417.27
It is a crime for any student to possess a laser pointer on any elementary or secondary school premise, unless the possession is for a valid instructional or other school-related purpose.
Imitation Firearm – Penal Codes 12550 and 12556
A BB device can be considered an imitation firearm. The Penal Code makes it a criminal offense to openly display or expose any imitation firearm in a public place, including a public school.
Dangerous Objects: Securing Firearms
MVWSD informs and reminds parents and legal guardians of all students of their responsibilities for keeping firearms out of the hands of children as required by California law. Incidents of children bringing firearms to school can be prevented by storing firearms in a safe and secure manner, including keeping them locked up when not in use and storing them separately from ammunition.
● With very limited exceptions, California makes a person criminally liable for keeping any firearm, loaded or unloaded, within any premises that are under their custody and control where that person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, and the child obtains access to the firearm and thereby (1) causes death or injury to the child or any other person; (2) carries the firearm off the premises or to a public place, including to any preschool or school grades kindergarten through twelfth grade, or to any school-sponsored event, activity, or performance; or (3) unlawfully brandishes the firearm to others.
● With very limited exceptions, California also makes it a crime for a person to negligently store or leave any firearm, loaded or unloaded, on their premises in a location where the person knows or reasonably should know that a child is likely to gain access to it without the permission of the child’s parent or legal guardian, unless reasonable action is taken to secure the firearm against access by the child, even where a minor never actually accesses the firearm.
● In addition to potential fines and terms of imprisonment, as of January 1, 2020, a gun owner found criminally liable under these California laws faces prohibitions from possessing, controlling, owning, receiving, or purchasing a firearm for 10 years.
● Finally, a parent or guardian may also be civilly liable for damages resulting from the discharge of a firearm by that person’s child or ward.(AB 452, Ed Code Section 48986)
The City of Mountain View requires firearms to be stored in a locked container or disabled with a trigger lock when stored in residences. For unattended vehicles, firearms must be stored in a locked container in the trunk of a vehicle or in a permanently affixed locked container for vehicles without trunks. The ordinance also prohibits guns from being stored in an unattended vehicle overnight.
Disaster Preparedness Educational Materials – Education Code 32282.5
Each school has a disaster preparedness plan and conducts regular fire, earthquake and disaster drills. For a copy of your school’s plan, contact your principal.
The California Department of Education (CDE) is now required to electronically distribute disaster preparedness educational materials to school districts and county offices of education in, at least, the three most dominant primary languages spoken by English learners in California. Documents are posted on the CDE website at: http://www.cde.ca.gov/ls/ss/cp/pupilsafetyeducmat.asp.
Disruption in a Public School or Public School Meeting – Education Code 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).
Dress Code – Education Code 35183
Schools may adopt and enforce a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits the wearing of “gang-related clothing” if it is determined that it is necessary for the health and safety of the school environment. For information, see 5132 BP - Dress and Grooming
Entrance Health Screening – Health & Safety Codes 124085, 124100, 124105 and 120475
State law requires that the parent or legal guardian of each pupil provide the school documentary proof that the pupil has received a health screening examination by a doctor within 90 days after entrance to first grade. Pupils may be excluded up to 5 days from school for failing to comply or not providing a waiver. Free health screening is available through the local health department.
Directory Information Release
The Mountain View Whisman School District (“MVWSD”) appreciates the opportunity to communicate with you and we take your privacy seriously. The Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C., § 1232g; 34 C.F.R., Part 99) is a federal law that protects the privacy of student education records.
State and federal law allows MVWSD to release directory information about your child to individuals, officials, agencies, non-profit organizations, employers, prospective employers, the Parent-Teacher Association, Mountain View Educational Foundation, the School Site Council, and the news media (e.g., newspapers, magazines, and radio and television stations), upon request and without prior consent.
MVWSD designates the following items as directory information in accordance with state and federal law: Student’s name, grade, home address, telephone number, email address, date of birth, participation record in officially recognized activities and sports, weight and height of members of athletic teams, photo/likeness, dates of attendance, degrees, honors, and awards received, and most recent previous school attended. Directory information does not include citizenship status, immigration status, place of birth or any other information indicating national origin. The District will not release such information without parental consent or a court order. Additionally, no directory information of a student identified as a homeless child or a youth as defined in 42 USC 1143a shall be released unless the parent/guardian, or the student if she/he is 18 years or older, has provided written consent, through the MVWSD student information verification process, that directory information may be released. (For more information, see AR 5125.1.)
State and federal law allows parents/guardians to opt out of MVWSD’s release of directory information to these outside individuals and organizations:
· School officials with legitimate educational interest;
· Other schools to which a student is transferring;
· Specified officials for audit or evaluation purposes;
· Appropriate parties in connection with financial aid to a student;
· Organizations conducting certain studies for or on behalf of the school;
· Accrediting organizations;
· To comply with a judicial order or lawfully issued subpoena;
· Appropriate officials in cases of health and safety emergencies; and
· State and local authorities, within a juvenile justice system, pursuant to specific state law.
MVWSD also publishes directory information about students for the purpose of providing the community with information about activities, events, school awards, assemblies, and academic and co-curricular programs. District publications may include, but are not limited to, yearbooks, district and school site newsletters, web sites, video productions, news releases, and District-sanctioned social media sites. The District or schools may wish to highlight individual or group achievements and may wish to accompany such acknowledgement with a student picture or likeness. It is the District’s practice to never use student home addresses, phone numbers, and email addresses on MVWSD publications, web pages, or social media.
If you do not wish to have directory information about your child released to outside organizations or published by MVWSD, you may opt out for the upcoming school year by indicating your preference during the annual student information verification process. If you do not opt out, directory information may be released in accordance with this notice and state and federal law.
This notice DOES NOT apply to or limit publication of student information gathered by outside news media. Outside news media may interview and/or photograph students with their consent and MVWSD cannot restrict students’ rights to speak freely with media representatives or consent to be photographed or interviewed. Parents and/or guardians may instruct their children not to communicate with news media representatives. MVWSD also does not have control over photos taken by parents or other members of the public at large school events.
For additional information or technical assistance, you may call (202) 260-3887. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
Drugs (Synthetic)
Parents and guardians should know about the dangers associated with using unprescribed synthetic drugs, such as fentanyl (AB 889). According to the U.S. Drug Enforcement Administration (DEA) website, deadly doses of fentanyl have been found in fake/counterfeit versions of Adderall, Xanax, and Oxycodone, among other medications. For more information: CDC Fentanyl Facts.
Free and Reduced-Price Meals – Education Code 49510 et seq.
Free or reduced-price lunches are available at school for pupils whose parents or legal guardians qualify, based on annual household income, and complete the required application form. Application forms may be obtained at the school office or online.
Earned Income Tax Credit Information Act Communication
Based on your annual earnings, you may be eligible to receive the Earned Income Tax Credit from the Federal Government (Federal EITC). The Federal EITC is a refundable federal income tax credit for low-income working individuals and families. The Federal EITC has no effect on certain welfare benefits. In most cases, Federal EITC payments will not be used to determine eligibility for Medicaid, Supplemental Security Income, food stamps, low-income housing, or most Temporary Assistance For Needy Families payments. Even if you do not owe federal taxes, you must file a federal tax return to receive the Federal EITC. Be sure to fill out the Federal EITC form in the Federal Income Tax Return Booklet. For information regarding your eligibility to receive the Federal EITC, including information on how to obtain the Internal Revenue Service (IRS) Notice 797 or any other necessary forms and instructions, contact the IRS by calling 1-800-829-3676 or through its Web site at www.irs.gov.
You may also be eligible to receive the California Earned Income Tax Credit (California EITC). The California EITC is a refundable state income tax credit for low-income working individuals and families. The California EITC is treated in the same manner as the Federal EITC and generally will not be used to determine eligibility for welfare benefits under California law. To claim the California EITC, even if you do not owe California taxes, you must file a California income tax return and complete and attach the California EITC Form (FTB 3514). For information on the availability of the credit eligibility requirements and how to obtain the necessary California forms and get help filing, contact the Franchise Tax Board at 1-800-852-5711 or through its Web site at www.ftb.ca.gov.
Foster Youth Educational Placement – Education Code 48850 et seq.
All pupils in foster care are entitled to a meaningful opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. They shall be placed in the least restrictive educational programs and have access to the same academic resources, services, and extracurricular and enrichment activities that are available to all pupils. Each local educational agency is required to designate a foster care educational liaison. The liaison serves as an advocate for all foster youth that reside within his/her district, and ensures that every foster youth has a proper school placement, transfer of records, and immediate enrollment in school. School enrollment is not contingent upon receipt of a student’s academic or medical records. Because school stability is extremely important to a child living in foster care, a foster child is allowed to remain in his or her school of origin, even if the child’s home placement changes, for the duration of the school year. Students who do change schools during the school year are able to receive practical credit for coursework that is satisfactorily completed. If any dispute arises as to the school placement of a foster child, the student has the right to remain in his or her school of origin pending the resolution of the dispute. Each local educational agency is required to have a dispute resolution process in place that relates to the enrollment of foster youth within their school jurisdiction. The local liaison can assist parents or students in the dispute resolution process.
Harm or Destruction of Animals – Education Code 32255 et seq.
Any pupil with a moral objection to dissecting or otherwise harming or destroying an animal, or any part thereof, must inform his or her teacher of the objection. Objections must be substantiated by a note from the pupil’s parent or guardian.
A pupil who chooses to refrain from participation in an education project involving the harmful or destructive use of an animal may receive an alternative education project, if the teacher believes that an adequate alternative education project is possible. The teacher may work with the pupil to develop and agree upon an alternative education project so that the pupil may obtain the knowledge, information, or experience required by the course of study in question.
Homeless Youth Education – 42 United States Code 11432
Requires school district homeless liaisons to ensure parents of homeless pupils are informed of educational and related opportunities available to their children and are provided with meaningful opportunities to participate in education of their children.
The federal McKinney-Vento Homeless Assistance Act ensures educational rights and protections for children and youth experiencing homelessness. This includes children and youth who are living with a friend, relative or someone else because the family has lost their housing; children and youth staying in a motel or hotel due to lack of adequate alternative accommodations; children and youth living in an emergency or transitional shelter or a domestic violence shelter; and children and youth who are living in cars, parks, public spaces abandoned buildings, etc. It is the policy of Congress that students in homeless situations shall have access to the education and other services they need to ensure they have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.
Services provided to students identified as homeless include:
- Every local education agency designates a staff person to act as the educational liaison for students in homeless situations.
- Students have the option of remaining in their school of origin to the extent feasible or transferring to the local school in the current attendance area when moving to a different address or community. The parent/guardian determines which school is in the child’s best interest.
- Students are immediately enrolled in school even if they do not have the documents required. The Liaison can request the necessary documents from previous schools or help to schedule required immunizations.
- Students will be provided transportation to and from school at the parent’s request.
- Students will be provided free/reduced lunch.
- Students will be provided Title 1 services.
- School districts will establish a dispute resolution process to resolve disagreements between parents and the district. Families living in homeless situations may contact the Liaison to help them put the disagreement into writing.
For more information and liason contact, please see 6173 AR - Education For Homeless Students
Grounds for Suspension and Expulsion – EC 48900
A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (1) to (19), inclusive:
(For more information, see 5144.1 AR - Suspension and Expulsion/Due Process)
Grounds for Suspension and Expulsion: Grades K-12
Acts for which a student, including a student with disabilities, may be suspended or expelled shall be only those specified as follows and in the sections "Additional Grounds for Suspension and Expulsion: Grades 4-12" and "Additional Grounds for Suspension and Expulsion: Grades 9-12" below:
1. Caused, attempted to cause, or threatened to cause physical injury to another person; willfully used force or violence upon another person, except in self-defense; or committed as an aider or abettor, as adjudged by a juvenile court, a crime of physical violence in which the victim suffered great or serious bodily injury (Education Code 48900(a) and (t))
2. Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object, unless, in the case of possession of any object of this type, the student had obtained written permission to possess the item from a certificated school employee, with the principal or designee's concurrence (Education Code 48900(b))
3. Unlawfully possessed, used, sold, otherwise furnished, or was under the influence of any controlled substance as defined in Health and Safety Code 11053-11059, alcoholic beverage, or intoxicant of any kind (Education Code 48900(c))
4. Unlawfully offered, arranged, or negotiated to sell any controlled substance as defined in Health and Safety Code 11053-11059, alcoholic beverage, or intoxicant of any kind, and then sold, delivered, or otherwise furnished to any person another liquid, substance, or material and represented the same as a controlled substance, alcoholic beverage, or intoxicant (Education Code 48900(d))
5. Committed or attempted to commit robbery or extortion (Education Code 48900(e))
6. Caused or attempted to cause damage to school property or private property (Education Code 48900(f))
7. Stole or attempted to steal school property or private property (Education Code 48900(g))
8. Possessed or used tobacco or products containing tobacco or nicotine products, including, but not limited to, cigars, cigarettes, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel, except that this restriction shall not prohibit a student from using or possessing prescription products (Education Code 48900(h))
9. Committed an obscene act or engaged in habitual profanity or vulgarity (Education Code 48900(i))
10. Unlawfully possessed, offered, arranged, or negotiated to sell any drug paraphernalia, as defined in Health and Safety Code 11014.5 (Education Code 48900(j))
11. Knowingly received stolen school property or private property (Education Code 48900(l))
12. Possessed an imitation firearm (Education Code 48900(m))
13. Committed or attempted to commit a sexual assault as defined in Penal Code 261, 266c, 286, 287, 288, 289, or former 288a, or committed a sexual battery as defined in Penal Code 243.4 (Education Code 48900(n))
14. Harassed, threatened, or intimidated a student who is a complaining witness or witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness and/or retaliating against that student for being a witness (Education Code 48900(o))
15. Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma (Education Code 48900(p))
16. Engaged in, or attempted to engage in, hazing (Education Code 48900(q)) see 5144.1 AR - Suspension and Expulsion/Due Process
17. Engaged in an act of bullying (Education Code 48900(r)) see 5144.1 AR - Suspension and Expulsion/Due Process
18. Aided or abetted the infliction or attempted infliction of physical injury on another person, as defined in Penal Code 31 (Education Code 48900(t))
19. Made terrorist threats against school officials and/or school property
(Education Code 48900.7) see 5144.1 AR - Suspension and Expulsion/Due Process
Additional Grounds for Suspension and Expulsion: Grades 4-12
A student in grades 4-12 shall be subject to suspension or recommendation for expulsion when it is determined that the student:
1. Committed sexual harassment as defined in Education Code 212.5 (Education Code 48900.2) see 5144.1 AR - Suspension and Expulsion/Due Process
2. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence as defined in Education Code 233 (Education Code 48900.3) see 5144.1 AR - Suspension and Expulsion/Due Process
3. Intentionally engaged in harassment, threats, or intimidation against district personnel or students that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of school personnel or students by creating an intimidating or hostile educational environment. (Education Code 48900.4)
Immunizations – Education Code 49403 and 48216, Health & Safety Codes 120335, 120365 and 120370
Unless a pupil’s parent or legal guardian provides the school with an acceptable signed waiver, a pupil must be immunized against certain communicable diseases. Students are prohibited from attending school until the immunization requirements are met. MVWSD shall cooperate with local health officials in measures necessary for the prevention and control of communicable diseases in school age children. The district may use any funds, property, or personnel and may permit any person licensed as a physician or registered nurse to administer an immunizing agent to any student whose parents have consented in writing.
Parents should be aware that the State’s public policy advises that students follow current immunization guidelines regarding full immunization against human papillomavirus (HPV) before admission or advancement to eighth grade (Assembly Bill (AB) 659, Education Code section 48980.4).
Instruction for Pupils with Temporary Disabilities – Education Code 48206.3, 48207 and 48208
A pupil with a temporary disability which makes attendance in the regular day classes or the alternative educational program in which the pupil is enrolled impossible or inadvisable may receive individualized instruction provided in the pupil’s home for at least one hour of instruction for every day of instruction offered by the district in the regular education program.
A pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, may be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
It is the responsibility of the parent or guardian to notify the school district in which the hospital or other residential health facility is located of the presence of a pupil with a temporary disability. Upon receipt of the notification, the district will within five working days determine whether the pupil will be able to receive individualized instruction pursuant to EC 48206.3 and, if so, provide the instruction within five working days or less.
Available Language Programs and Language Acquisition Programs
Mountain View Whisman offers the following language and language acquisition programs for student enrollment. Parents/Guardians may choose a language acquisition program that best suits their child (EC Section 310[a]).
• Structured English Immersion (SEI) Program
• Dual-Language Immersion (DLI) Program (English/Spanish)
How to Enroll Your Child in a Language Acquisition Program:
Parents/guardians of enrolled students, and those enrolled for attendance in the next school year, can request that the district establish a specific language acquisition program.
How to Request the Establishment of a New Program at a School:
Schools in which the parents or legal guardians of 30 pupils or more per school or the parents or legal guardians of 20 pupils or more in any grade request a language acquisition program that is designed to provide language instruction shall be required to offer such a program to the extent possible. (EC Section 310[a].)
Parent and Community Engagement
Parents may provide input regarding language and language acquisition programs in the LEA or to be considered in the LEA during the development of the Local Control and Accountability Plan (EC Section 52062.) If interested in a different program from those listed above, please contact Director Geoff Chang [email protected] to ask about the process.
To view the full Annual Parent Notification for Language Programs and Language Acquisition Programs please click here.
Medical or Hospital Service – Education Code 49472
Services Not Provided
The MVWSD does not provide or make available medical and hospital services for pupils who are injured in accidents related to school activity or attendance.
Services Provided
The Mountain View Whisman School District may provide or make available medical or hospital service through nonprofit membership corporations, defraying the cost of medical or hospital service, or through group, blanket or individual policies of accident insurance or through policies of liability insurance for injuries to pupils arising out of accidents related to school activity or attendance. No pupil is required to accept such service without the consent of his/her parent or legal guardian.
Medication Regimen – Education Code 49480
The parent or legal guardian of any pupil taking medication on a regular basis must inform the school nurse or of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the medication on the pupil.
Administration of Prescribed Medication for Pupils – Education Code 49423 and 49423.1
Any pupil who is required to take medication during the regular school day prescribed by a physician or surgeon, may be assisted by the school nurse or other designated school personnel or may carry and self-administer auto-injectible epinephrine or inhaled asthma medication if the school district receives a written statement of instructions from the physician detailing the method, amount and time schedules by which such medication is to be taken.
Megan’s Law – Penal Code 290 et seq.
Information about registered sex offenders in California can be found on the California Department of Justice's website, https://meganslaw.ca.gov/. The website also provides information on how to protect yourself and your family, facts about sex offenders, frequently asked questions, and sex offender registration requirements in California.
Minimum and Pupil-Free Staff Development Days – Education Code 48980(c)
Parents and guardians of all pupils are to be informed of the schedule of minimum days and pupil-free staff development days. If minimum or pupil-free staff development days are scheduled after the start of the school year, the school will notify parents and guardians of affected pupils as early as possible, but not later than one month prior to the scheduled day. For information, see the school district calendar webpage.
Missing Children – Education Code 49370
It is required that specified persons, including school teachers, administrators, aides, playground workers and bus drivers, report missing children to a law enforcement agency in a timely manner.
Non discrimination statement
The Mountain View Whisman School District prohibits discrimination, harassment, intimidation and bullying in educational programs, activities, or employment on the basis of actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics. Non-discrimination policies also apply to all acts of the governing board, the district superintendent, and the county superintendent of schools in enacting the local educational agency’s policies and procedures.
The Mountain View Whisman School District requires that school personnel take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, or bullying. Questions or complaints of alleged discrimination, harassment, intimidation and bullying, equity or Title IX equity and compliance concerns should be directed to Tara Vikjord at 650-526-3500, 1400 Montecito Ave., Mountain View, CA 94043, or [email protected].
Policy Links--
Notice of Alternative Schools – Education Code 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:
(a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy.
(b) Recognize that the best learning takes place when the student learns because of his/her desire to learn.
(c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his/her own time to follow his/her 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 his/her teachers of choices of learning projects.
(d) Maximize the opportunity for teachers, parents, and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process.
(e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including, but not limited to, the community in which the school is located.
In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this district, and the principal’s office in each attendance unit have copies of the law available for your information. This law particularly authorizes interested persons to request the governing board of the district to establish alternative school programs in each district.
Oral Health Assessment – Education Code 49452.8
Record of a dental assessment done by a dental professional is required for all kindergarteners and first graders attending public school for the first time. Dental assessments must be completed in the 12 months prior to entry or by May 31st of the pupil’s first school year.
Physical Examination – Education Code 49451
A parent or guardian may file annually with the school principal a written statement, signed by the parent or legal guardian, withholding consent to a physical examination of the pupil. However, whenever there is good reason to believe that the pupil is suffering from a recognized contagious or infectious disease, the pupil shall be sent home and shall not be permitted to return until school authorities are satisfied that the contagious or infectious disease no longer exists.
Property Damage – Education Code 48904
Parents or guardians may be held financially liable if their child willfully damages school property or fails to return school property loaned to the child. The school may further withhold the grades, diploma, and transcript of the pupil until restitution is paid.
Pupil Records – Education Code 49063 and 49069, Title 34 Code of Federal Regulations 99.7, 20 United States Code 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. MVWSD 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 his/her professional responsibility. Upon request from officials of another school district in which a student seeks or intends to enroll, MVWSD 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 principal and the school will have five (5) business days from the day of receipt of the request to provide access to the records. Copies of student records are available to parents for a fee of no more than 10 cents per page.
Any challenge to school records must be submitted in writing to the school 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. 20202-5920
School Bus Safety – Education Code 39831.5
All pupils in pre-kindergarten, kindergarten and grades 1 to 6, shall receive written information on school bus safety (i.e., a list of school bus stops near each pupil’s home, general rules of conduct at school bus loading zones, red light crossing instructions, school bus danger zone, and walking to and from school bus stops). Prior to departure on a school activity trip, all pupils riding on a school bus or school activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit.
School Rules – Education Code 35291
The MVWSD may notify the parent or guardian of all pupils registered in MVWSD schools of the availability of rules pertaining to student discipline.
School Safety Plan – Education Code 32280 et seq.
Each Mountain View Whisman School District school site has a School Safety Plan, which includes a comprehensive disaster preparedness plan. Copies are available to read at each school office.
School Visiting Procedures – Education Code 51101(a)(12) and Penal Code 627.6
Parents and guardians of students enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children, to be informed in advance about school rules, including procedures for visiting the school.
PC 627.6: Requires schools to post at every entrance a notice setting forth the visitor registration requirements, hours during which registration is required, the registration location, the route to take to that location, and the penalties for violation of registration requirements. Administration has the authority to direct non-students to leave campus. No outsider shall enter or remain on school grounds during school hours without having registered with the principal or designee, except to proceed expeditiously to the school office for the purpose of registering.
Security cameras notice
To improve the safety of students and staff members, and to deter vandalism and damage to school campuses, the District has installed security cameras at all school sites and offices. Cameras are not placed in areas where students, staff, or visitors have a reasonable expectation of privacy, such as restrooms or locker rooms. Cameras may be used to monitor buildings, exterior campus areas, including but not limited to; parking lots, perimeters, walkways, stairwells, entrance and exit doors, interior hallways, large open interior spaces, cafeterias, picnic areas, foyers, lobbies, gymnasiums, school buses, and other areas. The cameras may or may not be monitored. The recordings may be used in disciplinary proceedings, and may be referred to local law enforcement, as appropriate under Board policy (BP 3515, AR 3515) or required law.
Search and Seizure
As necessary to protect the health and welfare of students and staff, and only as authorized by law, Board policy, and administrative regulation, school officials may search students, their property, and/or district property under their control and may seize illegal, unsafe, or otherwise prohibited items. School officials shall exercise discretion and use good judgment when conducting searches. For more information, see 5145.12 BP - Search and Seizure.
Sex and HIV/AIDS Education – Education Code 51938
The purpose of the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act (Education Codes 51930 through 51939) is to provide every student with the knowledge and skills necessary to protect their sexual and reproductive health from unintended pregnancy and sexually transmitted diseases.
The Mountain View Whisman School District will provide instruction in comprehensive sexual health education, HIV/AIDS prevention education, and/or will conduct assessments on pupil health behaviors and risks in the coming school year.
Parents or guardians may:
1. Inspect the written and audiovisual educational materials used in the comprehensive sexual health and HIV/AIDS prevention education
2. Request in writing that their child not receive comprehensive sexual health or HIV/AIDS prevention education
3. Request a copy of Education Codes 51930 through 51939
4. Be informed whether the comprehensive sexual health or HIV/AIDS prevention education will be taught by district personnel or outside consultants
5. When the district chooses to use outside consultants or to hold an assembly with guest speakers to teach comprehensive sexual health or HIV/AIDS prevention education, to be informed of:
a. The date of the instruction
b. The name of the organization or affiliation of each guest speaker
The Mountain View Whisman School District may administer to students in grades 7 through 12 anonymous, voluntary, and confidential research and evaluation instruments, including tests and surveys, containing age-appropriate questions about their attitudes or practices relating to sex. Prior to administering such a research and evaluation instrument, parents/guardians shall be provided written notice of the administration. Parents/guardians shall be given an opportunity to review the research instrument and to request in writing that their child not participate.
Sexual Harassment – Education Code 48980(g)
It is the policy of the Mountain View Whisman School District and the Board of Trustees to maintain a learning and working environment which is free from sexual harassment. Sexual harassment is a form of sex discrimination under Title IX of the Education Amendments of the Civil Rights Act of 1972 and is prohibited by both Federal and State law. Therefore, the Mountain View Whisman School District Board of Trustees prohibits sexual harassment in all schools and facilities within the organization. MVWSD regards sexual harassment as improper, immoral, illegal, and such actions will not be tolerated. This policy is implemented to inform staff and parents about what sexual harassment is and the procedures which will be followed by MVWSD upon receipt of sexual harassment allegations.
The MVWSD sexual harassment policy is intended as a preventive measure to protect against sexual harassment before it occurs. The term “sexual harassment” is intended to mean sexual harassment in the broadest meaning of that term in current popular as well as legal usage. Sexual harassment is deliberate and/or repeated sexual or sex-based behavior that is not welcome and is not requested.
The California Education Code specifies that a pupil may be suspended from school or recommended for expulsion if the superintendent or principal of the school in which the pupil is enrolled determines that the pupil has committed sexual harassment. The MVWSD’s educational programs may suspend and/or refer pupils back to their local school district. This policy shall not apply to pupils enrolled in kindergarten and grades one to three.
A. For purposes of this policy, the conduct must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive as to create an intimidating, hostile, or offensive educational environment or to have a negative impact upon the individual’s academic performance.
B. Teachers and other school personnel shall discuss this policy with students in age-appropriate ways and will assure students that they need not endure any form of sexual harassment.
C. Any student who feels that he/she has been the victim of sexual harassment by an employee, student or volunteer of MVWSD as defined in this policy and administrative regulations shall immediately report the matter to any school official of the school of attendance. The person receiving the complaint shall immediately report the matter to a school administrator, and an investigation into the complaint will begin.
D. Any staff member who has knowledge of conduct of MVWSD employees, volunteers, students, or other individuals of the school community which may constitute sexual harassment, is expected to report immediately such conduct to an administrator of the school at which the student is in attendance.
E. Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned. All complaints will be taken seriously and confidentiality will be maintained as appropriate. There shall be no retaliation in any form against any complainant or participant in the complaint process.
F. All employees and pupils shall be notified of this Board Policy on a regular basis.
G. To promote an environment free of sexual harassment, the school administrator or designee shall provide staff training and ensure student notification.
An appeal of a MVWSD decision may be made in court through civil law remedies. Complainants should consult an attorney for more information.
Contact the school principal if you have any questions or would like additional information.
Student Conduct – Education Code 51100
Duties of Pupils – 5 CCR 300
Pupils shall conform to school regulations, obey all directions, be diligent in study and respectful to teachers and others in authority, and refrain from the use of profane and vulgar language.
Jurisdiction – Education Code 44807
Teaching staff shall hold pupils to strict account for their conduct on the way to and from school, on the playgrounds, or during recess.
Mandatory Expulsion Violations – Education Code 48915
Schools shall immediately suspend and recommend expulsion for students that commit any of the following acts at school or at a school activity off school grounds:
1. Causing serious physical injury to another person, except in self-defense.
2. Possessing, selling, or otherwise furnishing a firearm.
3. Brandishing a knife at another person.
4. Unlawfully selling a controlled substance, with some exceptions.
5. Committing or attempting to commit a sexual assault.
6. Possession of an explosive.
7. Robbery
8. Assault/Battery
The school board shall order the student expelled upon finding that the student committed the act.
Sunscreen and Sun-Protective Clothing – Education Code 35183.5
Each school site shall allow for outdoor use during the school day, articles of sun-protective clothing, including but not limited to hats. Pupils may use sunscreen during the school day without a physician's note or prescription.
Surveys – Education Code 51513
Anonymous, voluntary and confidential research and evaluation tools to measure student’s health behaviors and risks, including tests, questionnaires, and surveys containing age-appropriate questions about the student’s attitudes and practices relating to sex, family life, morality, and religion may be administered to students if the parent is notified in writing that 1) this test, questionnaire, or survey is to be administered, 2) the student’s parent is given the opportunity to review the test, questionnaire, or survey, and 3) the parent consents in writing.
Tobacco-Free Campus – Health and Safety Code Sections 104420 and 104495
In accordance with state and federal law, smoking is prohibited in all MVWSD facilities and vehicles.
All school districts and county offices of education that receive Tobacco Use Prevention (TUPE) funds are required to adopt and enforce a tobacco-free campus policy, to communicate this policy to school staff, parents, pupils and community, and to post signs stating “Tobacco Use Prohibited” at all entrances to the school.
Under Health and Safety Code Section 104495, smoking or use of any tobacco-related products and disposal of any tobacco-related waste within 25 feet of a school playground is prohibited, except on a public sidewalk located within 25 feet of the playground.
Uniform Complaint Policy and Procedure – Title 5, California Code of Regulations 4622, and Education Code 32289
The Mountain View Whisman School District has established Uniform Complaint Procedures to resolve alleged acts of discrimination on the basis race or ethnicity, color, ancestry, nationality, national origin, immigration, status, ethnic group, identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200, or 220, Government Code 1135, or Penal code 422.55, or based on the person’s association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610), which apply to all state and federally funded programs. Uniform complaint procedures shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in adult education, consolidated categorical aid programs, migrant education, vocational education, child care and developmental programs, child nutrition programs and special education programs.
A complaint must be filed no later than six months from the date the complainant first obtains knowledge of the concern. These uniform procedures require the complainant to submit a written complaint to the Assistant Superintendent, Administrative Services, who will coordinate an investigation and response within 60 days of receipt of the written complaint, unless the complainant agrees in writing to extend the time line. Complaints related to textbooks and instructional materials may be filed directly with the State Superintendent of Public Instruction. A complainant may appeal MVWSD’s decision to the California Department of Education (CDE) by filing a written appeal within 15 days after receiving MVWSD’s decision. The CDE may directly intervene in the complaint without waiting for action by MVWSD when one of the conditions listed in 5 CCR 4650 exists, including cases in which MVWSD has not taken action within 60 days of the date the complaint was filed. If MVWSD is found to have violated a State or Federal law and/or regulation, and does not take corrective action to comply, then various civil remedies may be available. Contact the Santa Clara County Office of Education Chief Schools Officer, Student Services Branch, at (408) 453-6560 for additional information or assistance.
Victim of a Violent Crime – 20 United States Code 7912a
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. The District has 14 calendar days to offer students the option to transfer. For more information, please contact the Assistant Superintendent, Administrative Services, (650) 526-3500, ext. 1072.
Walking or Riding a Bike to School – Vehicle Code 21212
No person under 18 years of age may operate a bicycle, non-motorized scooter, skateboard or wear in-line or roller skates, nor ride as a passenger upon a bicycle, non-motorized scooter, or skateboard upon a street, bikeway, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets specified standards.
Williams Complaint Policy and Procedure – Education Code 35186
Every school must provide sufficient textbooks and instructional materials. Every student, including English learners, must have textbooks or instructional materials, or both, to use at home or after school. School facilities must be clean, safe, and maintained in good repair. There should be no teacher vacancies or misassignments. If a school is found to have deficiencies in these areas, and the school does not take corrective action, a complaint form may be obtained at the Mountain View Whisman School District Office, Educational Services Department. Parents, students, teachers or any member of the public may submit a complaint regarding these issues. However, it is highly encouraged that individuals express their concerns to the school principal before completing the complaint forms to allow the school to respond to these concerns.
Asbestos Hazard Emergency Response Act / Code of Federal Regulations (CFR) Title 40
In 1987, the Asbestos Hazard Emergency Response Act (AHERA) was signed into law by President Reagan. Since the enactment of AHERA, all schools nationwide are required to take comprehensive action relative to asbestos in their buildings. These actions include inspections by Environmental Protection Agency (EPA) accredited inspectors, the assessment of condition, abatement, and posting of warning labels.
The Mountain View Whisman School District has taken an aggressive step toward the protection of human health in the implementation of its AHERA Compliance Program. The Program, designed by University Associates, Ltd., updated by HMS, Inc., and put into action by the District, exceeds the requirements of AHERA.
If you are interested in reviewing the Management Plan for your local school, please contact the principal during the school year. If you have any questions after reviewing the Plan, please contact the Maintenance Director at 650-526-3587.
Book Loan Agreement
All books will be checked out using the library computer system. For everyone to benefit from the library’s resources, it is important that all books are returned on time and in good condition. Library books are loaned for a period of two (2) weeks and can be renewed weekly if necessary. Please help your student with the following items:
1) Encourage your student to find a good, well-lit place to read and study.
2) Remind your student to have clean hands when handling books, to use a bookmark, and to turn pages from the upper right-hand corner.
3) Help your student to find a place for his/her books that is out of reach of pets or little siblings.
4) Remind your student to return library books on time.
5) Send damaged books to school for repair. Please do not attempt to mend school books at home.
6) Instruct your student to carry his/her books in a backpack.
All textbooks that are sent home with students at the beginning of the school year will be collected in June. The following is a list of charges for LOST or DAMAGED books. Please make every effort to find the book rather than having to pay for it.
- Paperback books: $5.00 - $10.00
- Hardcover books: $15.00 - $30.00
- Textbooks: $40.00 - $75.00
Encourage student’s success at school and agree to have him/her handle all books in an appropriate manner. Parents are responsible for charges for any lost or damaged books. If students have any books overdue or lost, they will be blocked from checking out additional books until the missing book is returned or paid for.
Healthy Schools Act Policy-AB 2260
It is the policy of the Mountain View Whisman School District to implement the Healthy Schools Act (AB 2260) policies and procedures to control structural and landscape pests/weeds and minimize exposure of children, faculty, and staff to pesticides/herbicides.
Pests
It is the policy of the MVWSD to control pests in the school environment. Pests such as cockroaches, fleas, fire ants, stinging wasps, termites and rodents are annoying and can disrupt the learning environment in schools. Pests are known to bite, sting, or transmit diseases, and may also cause allergic responses.
Pesticides/Herbicides
It is the policy of the MVWSD to reduce exposure to pesticides and herbicides in the school environment. When pesticides or herbicides are used to control pests and weeds in schools, there is a potential for human exposure. Excessive exposure may result in pesticide/herbicide poisoning or allergic responses to sensitive individuals. Children may be more susceptible to pesticides than adults due to their smaller size and rapid growth and development.
AB 2260, the Healthy Schools Act of 2000
• Non-chemical prevention of pests and weeds population is always preferred using such methods as sanitation, exclusion, and cultural practices.
• The selection and use of the least hazardous methods and materials effective for the control of targeted pests and weeds will be implemented.
• Precision targeting of pesticides and herbicides to areas not contacted by or accessible to the children, faculty, and staff will be implemented.
• Application of pesticides/herbicides will only be used “as needed” to correct verified problems.
• All parents and staff will be notified annually in writing of the anticipated pesticide/herbicide products and applications to be regularly used throughout the school year. Parents may request in writing a separate written notice for each pesticide/herbicide application 72 (seventy-two) hours prior to the anticipated application.
• Warning signs will be posted at all entrances to the School District property 24 (twenty-four) hours prior to regular pesticide/herbicide applications and will remain posted for 72 (seventy-two) hours after the application.
• Active ingredients of all pesticides/herbicides used by the school district and/or copies of AB 2260 may be obtained by written request to the District Coordinator/ District District Director of Maintenance, Operations and Transportation, at 650-526-3587, or by contacting the California Department of Pesticide Regulation website: www.cdpr.ca.gov.
• In the event of an “emergency” application of a pesticide to control a specific and documented problem, signs will be posted immediately and remain posted for 72 (seventy-two) hours following the application procedure.
The success of the Healthy Schools Act (AB 2260) in schools is dependent upon:
- The full cooperation of administrators, faculty, maintenance/custodial staff, parents, students, and the community.
- The establishment of a District-wide coordinator and advisory committee, the Health and Safety committee.
- Each school designating a staff member to coordinate the Healthy Schools Act and ensuring maintenance pest management records.
The Mountain View Whisman School District invites questions, concerns, and suggestions from our parents, community members, students, and staff. All comments addressing the above-noted policy should be addressed to the District Director of Maintenance, Operations and Transportation at 650-526-3587.
Pesticide Products – Education Code 17612
To obtain a copy of all pesticide products and expected use at MVWSD school facilities during the year, please visit the Facilities section of www.mvwsd.org. The Integrated Pest Management Plan posted there identifies the active ingredient(s) in each pesticide product and a website address used to access information on pesticide use and reduction. To access the plan in your school office for your review, please ask personnel to visit this web page. To register to receive prior notification of each application of a pesticide, click here.
Human Growth and Development for Middle School Students
The district includes human growth and development in the sixth through eighth grade science classes. Lessons will include: the reproductive system as one of the body's systems; physical and chemical changes associated with puberty; hygiene; general wellness; decision-making; respect for one's own body; refusal skills; and sexually transmitted diseases.
In the Mountain View Whisman School District, the district teachers will teach the unit and provide a caring and safe classroom environment during this important unit. Throughout its presentation, students will be encouraged to discuss class information with parents and ask questions.
Please contact the District Office at 650-526-3549 if you would like to preview the human growth and development material.
Human Trafficking
There are a number of resources and information the Mountain View Whisman School District provides families on how to identify, prevent, and talk to your student regarding Commercial Sexual Exploitation of Children (CSEC). Per state law (Assembly Bill 1227), students grades 6 and older are required to be educated on the prevention of human trafficking. In Mountain View Whisman, this information is taught as part of the Teen Talk Program to all eighth-grade students. Families have the ability to opt-out of this instruction. For additional Information and resources please visit: http://mvw.sd/S7l3P
Media Release
Mountain View Whisman School District is proud of the work of its students and may wish to showcase them and their work on District or school web pages and/or District social media. The District or schools may wish to highlight individual or group achievement and may wish to accompany such acknowledgement with a student picture. Student home addresses, full name, and home phone numbers will NEVER be posted on MVWSD web pages or social media.
Throughout the school year, staff members or members of the media may come to our classroom or to school events to photograph students for district publication, video, displays, websites, social media news stories or other such purposes. Your child may also appear in a photograph, video, have his/her voice recorded for radio, or have his/her name in a news article.
Mountain View Whisman School District does not have control over photos taken by parents, the news media, or other members of the public who take photos at school events.
Parents may indicate their permission/non-permission for students' media release during the annual enrollment process.
Parent's Guide to Emergency School Evacuation
In the event that the school is closed prematurely (at the discretion of the Superintendent), due to an emergency such as a large fire, earthquake, power failure, chemical spill, etc., parents must be aware that the following procedures will be followed for the safety of all:
1. No student will be released from school unless a parent (or authorized adult designated by the parent) comes for that student.
2. No student will be bussed home from school, unless it has been established that the parent or a responsible adult is at home to receive the student.
3. No child will be allowed to leave with another person (even a babysitter, relative, or neighbor) unless the school has written permission on file, or that person is listed on the student’s emergency record in the school files. Because of this, it is imperative that your child’s records are up-to-date. Please take time to ensure that they are.
4. All parents or authorized adults who come to the school for their children must sign them out.
5. Parents or authorized adults should bring picture I.D. and be prepared to show it. This may seem like a nuisance, but it is important for your child’s safety. Please stay calm and cooperative for the protection of all staff and students on site.
6. The school is prepared to care for your children in the event that you cannot be notified or are unable to respond to the school. We have several staff members trained to administer first-aid and have set up an infrastructure to deal with emergencies. If necessary, we will set up temporary shelter or relocate the students to another facility.
7. Do not phone the school (including teachers, secretaries, principal, or staff members). The school must have all telephone lines open for out-going emergency calls.
8. If you normally drive to the school, please park away from the school grounds and walk in. If you live within walking distance, leave your car at home.
9. Do not interfere with the staff. Each teacher or staff member has been assigned an Incident Response role, and is responsible for carrying out his/her emergency duties. In some cases, your child’s teacher may have much larger responsibilities than monitoring his/her classroom. (If this is the case, other staff members are assigned to assume the roles of these teachers.)
10. If you have first aid or emergency skills, trade skills, or child supervisory skills and wish to volunteer, you need to check in with Incident Commander (usually the principal) at your school first. Please do not assume a role that has not been assigned to you.
Short-Term Independent Study (ISP) Contract
One of the district's goals is student achievement. In order for everyone to reach this goal, students must have regular, daily attendance (except during illness). And although the district wants your student to have regular, daily attendance, we do understand that there are times when that is not possible.
In order to not have complete disruption of the student's education, there is a Short-Term Independent Study (ISP) Contract. An ISP Contract can be used, for example, vacations.
The ISP Contract is approved at the discretion of the site principal and/or the attendance coordinator. An ISP Contract must be requested at least one week prior to the student's absence. An ISP Contract is a minimum of 3 consecutive school days and a maximum of 14 consecutive school days. The homework is due upon the student's return to school. To request an ISP Contract, please go to the school secretary and do so. Please do not put the request into the teacher; go to the school office.
Student Attendance Review Board (SARB)
What is California Compulsory Education Law (California Education Code 48200)?
California Compulsory Education Law requires everyone between the ages of 6 and 18 years of age to attend school. Some students (parents/guardians), however, violate compulsory education laws and have a pattern of unexcused absences. Although truancy and excessive absenteeism are not new problems, they cause costly, long-term problems for the students, school, and the community. Education Code 48321 was enacted to provide several organizational structures, such as SARB, at the local and county level to create a safety net for students with attendance and/or behavior problems. Although the goal of SARB is to keep students in school and provide them with a meaningful educational experience, SARBs do have the power, when necessary, to refer students and their parents/guardians to court.
What is Student Attendance Review Board (SARB)?
SARB is composed of reps from various agencies in order to help truant or recalcitrant students and their parents/guardians to solve school attendance and/or behavior problems through the use of available school and community resources.
Truancy Notification Letters
Student attendance within the Mountain View Whisman School District is monitored weekly by the Student Services Department.
When a student begins to show signs of poor attendance (excessive excused absences or three or more unexcused absences and/or tardies), the district is legally obligated to notifying the parent/guardian through letters that there are signs of poor attendance.
If the poor attendance continues, a second and third notification letter will be mailed and a meeting with the principal will be set. The principal, parent/guardian, and student will meet to sign an Attendance Contract.
If the poor attendance continues beyond the Attendance Contract is signed a fourth notification letter will be mailed and the parent/guardian and student will then need to attend a SARB Hearing at the Mountain View Police Department.
If the poor attendance continues after the recommendations set forth by the SARB Hearing Panel Members, then the case will be referred to the District Attorney's Truancy Division for prosecution and/or fines.
Student Medication at School
In compliance with the California Education Code Section 49423, the requirements for dispensing student medication in the Mountain View Whisman School District are as follows:
1. Permission and Instruction to Administer Medication at School Form must be completed by the parent/guardian AND THE CHILD'S PHYSICIAN. A new form is needed each school year.
2. Medication must be brought to the school office by the parent/guardian and registered with the nurse or secretary.
3. The school must have the medication in the original prescription container, listing the date, the name of the physician, the name of the student, and the instructions for administering the medication. If medication needs to be taken at home and school, have the pharmacy divide the medication into two bottles.
4. Medication should never be sent to school in a bag, an envelope, a tissue or any other wrapping.
5. Students will not be administered non-prescription medication of any kind (over-the-counter drugs) at school without a Student Medication Form. This includes Tylenol, cold tablets, allergy pills, eye drops, etc. If a student requires such medication, a Permission and Instruction to Administer Medication at School Form must be completed by the parent/guardian and the child's physician. The non-prescription medications must come in a new, sealed bottle and labeled with the student's name.
6. If medication is to be given 3 times a day, it is recommended that a dose be given at home before school, a dose upon arriving home and a dose at bedtime, if this meets with the physician's approval.
7. All medications are to be administered in the school office, and recorded by school personnel. Parents/guardians should instruct students on the importance of reporting to the school office at the appropriate time to take their medication.
If you have further questions regarding dispensation of medications or other medical concerns, please contact your child's school secretary or nurse.
Student Promotion/Retention-AB 1626 and AB 1629
Students shall progress through the grade levels by demonstrating growth in learning through meeting grade-level academic standards of achievement in reading, language arts and mathematics.
The Superintendent or designee shall identify students who should be retained or who are at risk of being retained at every grade level. (Education Code 48070.5). If your child is at risk of being retained, you must be notified as early in the school year as possible. The notice should provide parents with the opportunity to meet with the teacher responsible for making the decision to promote or retain the student. Notification will be provided through “Notice of Student At Risk of Retention” given or mailed to parents.
Differentiated instruction is available for students exceeding grade level standards. When high academic achievement is evident, the Superintendent or designee may recommend a student for acceleration into a higher grade level. The student’s social and emotional growth shall be taken into consideration in making a determination to accelerate a student. Parental consent shall be required for acceleration.
For more information, see 5123 AR - Promotion/Acceleration/ Retention
Student Technology Acceptable Use Policy
Mountain View Whisman School District provides student access to the district’s network. This network includes Internet access, computer or online services, videoconferencing, computer equipment and related equipment for educational purposes. The purpose of this network is to assist in preparing students for success in life and work in the 21st century by providing them with access to a wide range of information and the ability to communicate with people throughout the world. This document contains the rules and procedures for students’ acceptable use of the district network.
- The Mountain View Whisman School District electronic network has been established for a limited educational purpose.
- The Mountain View Whisman School District electronic network has not been established as a public access service or a public forum. Mountain View Whisman School District has the right to place reasonable restrictions on material that is accessed or posted throughout the network.
- Parent/guardian permission is required for all students. Access is a privilege — not a right.
- The district reserves the right to monitor all activity on this electronic network. Students will indemnify the district for any damage that is caused by students' inappropriate use of the network.
- Students are expected to follow the same rules, good manners and common sense guidelines that are used with other daily school activities as well as the law in the use of the Mountain View Whisman School District electronic network.
General Unacceptable Behavior
While utilizing any portion of the Mountain View Whisman School District electronic network, unacceptable behaviors include, but are not limited to, the following:
- Posting information that, if acted upon, could cause damage or danger of disruption.
- Engaging in personal attacks, including prejudicial or discriminatory attacks.
- Harassing another person. Harassment is persistently acting in a manner that distresses or annoys another person. If a student is told by a person to stop sending messages, they must stop.
- Knowingly or recklessly posting false or defamatory information about a person or organization.
- Using criminal speech or speech in the course of committing a crime such as threats to the president, instructions on breaking into computer networks, child pornography, drug dealing, purchase of alcohol, gang activities, threats to an individual, etc.
- Using speech that is inappropriate in an educational setting or violates district rules.
- Abusing network resources such as sending chain letters or "spamming”.
- Displaying, accessing or sending offensive messages or pictures.
- Using the Mountain View Whisman School District electronic network for commercial purposes.
- Using the Mountain View Whisman School District electronic network for political lobbying. Students may use the system to communicate with elected representatives and to express their opinions on political issues.
- Using district equipment, network, or credentials to threaten employees, or cause a disruption to the educational program.
- Using the district equipment, network, or credentials to send or post electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal.
E-Mail
- Students may be provided with e-mail for specific educational projects or activities.
Web Sites
- Material placed on student Web pages are expected to meet academic standards of proper spelling, grammar and accuracy of information.
- Material (graphics, text, sound, etc.) that is the ownership of someone other than the student may not be used on Web sites unless formal permission has been obtained.
- All student Web pages should have a link back to the home page of the classroom, school or district, as appropriate.
Personal Safety
- Students will not share personal contact information about themselves or other people. Personal contact information includes full name, address, telephone, school address.
- Students will not agree to meet with someone they have met online.
- Students will promptly disclose to a teacher or other school employee any message received that is inappropriate or makes the student feel uncomfortable
System Security
- Students are responsible for their individual accounts and should take all reasonable precautions to prevent others from being able to use them. Under no conditions should students provide their password to another person.
- Students must immediately notify a teacher or the system administrator if they have identified a possible security problem. Students should not go looking for security problems, because this may be construed as an illegal attempt to gain access.
- Students will not attempt to gain unauthorized access to any portion of the Mountain View Whisman School District electronic network that they have not been granted access to. This includes attempting to log in through another person's account or accessing another person's folders, work, or files. These actions are illegal, even if only for the purposes of "browsing".
- Students will not make deliberate attempts to disrupt the computer system or destroy data by spreading computer viruses or by any other means. These actions are illegal.
- Users will not attempt to access Web sites blocked by district policy, including the use of proxy services, software, or Web sites.
- Users will not use sniffing or remote access technology to monitor the network or other user’s activity.
- Any malicious attempt to harm or destroy data, the network, other network components connected to the network backbone, hardware or software will result in cancellation of network privileges. Disciplinary measures in compliance with the district's discipline code and policies will be enforced.
Software and Files
- Software is available to students to be used as an educational resource. No student may install, upload or download software.
- A student's account may be limited or terminated if a student intentionally misuses software on any district-owned equipment.
- Routine maintenance and monitoring of the Mountain View Whisman School District electronic network may lead to discovery that a student has violated this policy or the law. Students should not expect that files stored on district servers are private.
Technology Hardware
- Hardware and peripherals are provided as tools for student use for educational purposes. Students are not permitted to relocate hardware (except for portable devices), install peripherals or modify settings to equipment without the consent of the district technology department.
- Students are not permitted to connect district equipment to third party wired or wireless networks.
Use of Personal Electronic Devices on School Property
The term “personal electronic device” means any device that a student is in possession of which electronically communicates, sends, receives, stores, reproduces or displays voice and/or text communication or data. These include, but are not limited to cellular phones, pagers, smart phones, music and media players, gaming devices, tablets, laptop computers and personal digital assistants.
- The student who possesses a personal electronic device shall be solely responsible for its care. The District is not responsible for loss or damage to any personal electronic device that is used on school property.
- Students shall not use personal electronic devices on school property or at a school-sponsored activity to access and/or view Internet websites that are otherwise blocked to students at school.
- Student use of personal electronic devices that disrupt the instructional day may result in disciplinary action and/or confiscation of the personal electronic device.
- Students may not use personal electronic devices to take photos or capture video of other students or staff members without their knowledge and consent.
Plagiarism and Copyright Infringement
- Students will not plagiarize works found on the Internet. Plagiarism is taking the ideas or writings of others and presenting them as if they were the students’.
- Copyrighted material shall be posted online only in accordance with applicable copyright laws. Any materials utilized for research projects should be given proper credit as with any other printed source of information.
Videoconference
- Videoconferencing is a way that students can communicate with other students, speakers, museums, etc. from other parts of the country and the world. With videoconferencing equipment, students can see, hear, and speak with other students, speakers, museum personnel, etc. in real-time.
- Videoconference sessions may be recorded by district personnel or by a participating school involved in the exchange in order to share the experience within ours or their building or district.
- Students' voices, physical presence, and participation in the videoconference are transmitted to participating sites during each session. Rules and procedures relative to acceptable use and behavior by students apply during all videoconference sessions.
- Students should not share classroom meeting links with others who are not their classmates and teachers.
- Students must accurately identify themselves during distance learning. No behavior that is disruptive or counterproductive to a respectful, effective instructional environment is allowed.
- No recording in any manner live distance learning instruction. It is illegal for parents and students to independently make any audio, video, or digital recording of distance learning activities without the prior consent of the teacher and principal (SB 820).
Student Rights
- Students' right to free speech applies to communication on the Internet. The Mountain View Whisman School District electronic network is considered a limited forum, similar to the school newspaper, and therefore the district may restrict a student's speech for valid educational reasons. The district will not restrict a student's speech on the basis of a disagreement with the opinions that are being expressed.
- An individual search will be conducted if there is reasonable suspicion that a student has violated this policy or the law. The investigation will be reasonable and related to the suspected violation.
Due Process
- The district will cooperate fully with local, state, or federal officials in any investigation related to any illegal activities conducted through the district network.
- In the event there is an allegation that a student has violated the district acceptable use regulation and policy, the student will be provided with a written notice of the alleged violation. An opportunity will be provided to present an explanation before a neutral administrator (or student will be provided with notice and an opportunity to be heard in the manner set forth in the disciplinary code).
- Disciplinary actions will be tailored to meet specific concerns related to the violation and to assist the student in gaining the self-discipline necessary to behave appropriately on an electronic network. Violations of the acceptable use regulation and policy may result in a loss of access as well as other disciplinary or legal action.
- If the violation also involves a violation of other provisions of other school rules, it will be handled in a manner described in the school rules. Additional restrictions may be placed on a student's use of his/her network account.
Limitation of Liability
- The district makes no guarantee that the functions or the services provided by or through the district network will be error-free or without defect. The district will not be responsible for any damage suffered, including but not limited to, loss of data or interruptions of service.
- The district is not responsible for the accuracy or quality of the information obtained through or stored on the network. The district will not be responsible for financial obligations arising through the unauthorized use of the network.
Violations of Technology Acceptable Use Policy
Violations of this policy may result in loss of access as well as other disciplinary or legal action. Students' violation of this policy shall be subject to the consequences as indicated within this policy as well as other appropriate discipline, which includes, but is not limited to use of district network only under direct supervision, suspension or revocation of network privileges, suspension or expulsion from school, and/or legal action and prosecution by the authorities.
The particular consequences for violations of this policy shall be determined by the school administrators. The superintendent or designee and the board shall determine when school expulsion and/or legal action or actions by the authorities are the appropriate course of action.
Zero Tolerance Policy
The Mountain View Whisman School District, in support of the State of California Education Code Section 48900, has identified certain acts as possible causes for suspension and/or expulsion of students from school. These acts include, but are not limited to, causing physical injury, possessing dangerous objects, committing robbery or extortion, damaging or stealing school property, possessing or using tobacco or intoxicants, engaging in habitual profanity, bullying, hazing, harrassment, aiding and abetting in causing physical harm, disrupting school activities, or defying the valid authority of school personnel.
A student may be suspended and/or expelled for the acts listed above if they are committed while on the school grounds or while going or coming from school or a school-sponsored activity. Teachers may suspend students from their classrooms for one day. Following a suspension, a parent conference will be scheduled with the principal and/or teacher before the child returns to school.
Zero Tolerance: Zero Tolerance is a county-wide effort to eliminate the presence of weapons on school campuses and ensures that schools are a safe place for children to learn and teachers to teach. Parents and staff in school districts in Santa Clara County and throughout the state have agreed that guns and other weapons should not be tolerated on school campuses.
As used in this policy, a weapon includes: firearms (includes imitation firearms), knives of any sort, brass knuckles, nunchak sticks and clubs, throwing stars, or any item that could be used as a weapon.