School District
4115 Jacksol Drive
San Jose, CA 95124
(408) 377-2103 Fax (408) 377-5944
PARENT RIGHTS AND RESPONSIBILITIES: 2014-2015
California Education Code, Section 48980, requires a school district (hereinafter referred to as “district”) to give parents or guardians
(hereinafter “parent”) annual notice of certain parent rights and responsibilities, and of certain district programs listed below. As a parent or
guardian, you are invited to request additional information regarding Cambrian School District policies related to these activities or programs,
from the office of your child’s school of attendance.
We ask that you read this Parents Rights form carefully.
MANDATED NOTIFICATION
ABSENCES FOR RELIGIOUS PURPOSES: Upon written
parental consent, a pupil may be excused to participate away from
school property, after attending school for a minimum day, subject
to administration regulations and law, provided that absences do not
exceed four (4) days per school year. (E.C. §46014)
ABSENCES FOR PERSONAL REASONS: A pupil may be
excused from school for justifiable personal reasons, including but
not limited to, an appearance in court, observance of a holiday or
ceremony of his/her religion, or an employment conference when
the absence has been requested in writing by parent and approved
by the principal pursuant to uniform standards established by the
governing board.
A pupil absent from school under this section shall be allowed to
complete all assignments and tests, determined by the teacher of any
class to be required, pursuant to the regulations of the governing
board, missed during the absence. The tests and assignments shall
be reasonably equivalent to those missed during the absence, and
upon completion within a reasonable period of time, shall be given
full credit therefor. (E.C. §48205)
FAMILY LIFE AND SEX EDUCATION: Whenever any part of
the instruction in health, family life education, and/or sex education
conflicts with religious training and beliefs or personal moral
convictions of the parent, the student shall be excused from that part
of the instruction upon written request. (E.C. §51550)
HUMAN REPRODUCTIVE INSTRUCTION: Parents shall be
given written notice, and have the opportunity to prohibit their
child’s participation in any instruction in which human reproductive
organs and their functions and processes are described, illustrated,
or discussed. Materials to be used may be reviewed at reasonable
times and places prior to instruction. (E.C. §51550 and §51820)
PARENTS RIGHTS AND RESPONSIBILITIES 2014-2015
PUPIL INSURANCE: The governing board may provide, or make
available, medical or hospital services for injuries to students arising
from school programs or activities. No student shall be compelled
to accept such services without his/her consent or, if a minor without
the consent of a parent. Parents may obtain further information
regarding availability of pupil accident insurance by contacting the
school principal. (E.C. §49472)
PUPIL IMMUNIZATION: The district may administer
immunizing agents to prevent or control communicable disease to
pupils whose parents have consented in writing to such
immunization. (E.C. §49403)
PUPIL MEDICATION: Any student who must take prescribed
medication at school and who desires assistance of school personnel
must submit a written statement of instruction from the physician
and a statement by the parent indicating their desire to have the
school assist in administering the physician’s instructions.
Inhalers for asthma may be carried by students if the proper forms
are completed and the student is capable of self-administering the
inhaler. (E.C. §49423)
PHYSICAL EXAMINATIONS: A child may be excluded from
physical examination whenever the parents file a written statement
with the school that they will not consent to a physical examination
of their child. Whenever there is a good reason to believe the child
is suffering from a recognized contagious or infectious disease, the
child will be excluded from school attendance. (School children are
examined for vision, hearing at selected grade levels.) (E.C. §49451;
49452; 49454; 49455)
RESIDENCE WHEN HOSPITALIZED: Notwithstanding
compulsory education requirements, a pupil with a temporary
disability who is in a hospital or other residential health facility,
excluding a state hospital, which is located outside of the school
district in which the pupil’s parent resides, shall be deemed to have
complied with the residence requirements for school attendance in
the school district in which the hospital is located. It shall be the
primary responsibility of the pupil’s parent to notify the school
district in which the pupil is deemed to reside of the pupil’s presence
in a qualifying hospital. (E.C. §48207; 48208)
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FEDERAL REGULATIONS AND ACTS
PARENT COMPLAINT PROCEDURES: The Cambrian School
District has primary responsibility for insuring compliance with
state and federal laws and regulations governing educational
programs. Any complaints alleging unlawful discrimination or
failure to comply with state or federal laws in consolidated
categorical aid programs, child care and development programs,
child nutrition programs, and special education programs will be
reviewed, mediated or investigated by the district. The complainant
will have the opportunity to provide relevant information during the
investigation. Within sixty days of receipt of the complaint,
excluding the months of school closure (July and August) the district
will provide a written report to the complainant. Complaints alleging
discrimination must be filed within six months from the alleged
occurrence or when knowledge was first obtained. Complainants
may also pursue civil law remedies through mediation centers, the
county office of education, and public/private interest attorneys.
The district follows Uniform Complaints Procedures established in
Board Policy #1312.3. Complaints should be directed to the district
compliance officer at (408) 377-2103.
If dissatisfied with the district’s resolution of a complaint, the
complainant has the right to appeal to the California Department of
Education within fifteen days after the district’s report is issued.
In a discrimination complaint, the complainant has the right to seek
legal remedies when at least sixty days has passed after filing an
appeal with the California Department of Education.
INDIVIDUALS WITH DISABILITIES: In accordance with
federal and state laws, the district will not discriminate against an
individual with disabilities as far as involvement in programs and
activities and in the use of facilities. If your child needs special
accommodations, please contact the school or district office.
NONDISCRIMINATION: The district has a policy of nondiscrimination on basis of age, sex, sexual orientation, gender,
ethnic group identification, race, ancestry, national origin, religion,
color, mental or physical disability. This policy applies to all
students insofar as participation in programs and activities is
concerned, with few exceptions, such as contact sports, in
accordance with federal law. Complaints alleging noncompliance
with this policy should be directed to Mark Loos at (408) 377-2103.
Appeals may be made to the district superintendent.
ASBESTOS MANAGEMENT PLAN: The district and county
office has a current management plan for asbestos containing
materials for all district facilities. The plan is available for
inspection at the office of the superintendent during normal
business hours.
PESTICIDE NOTIFICATION: The schools must notify parents
and employees about pesticide usage at least annually. The district
procedures will be available at the District office for review.
WILLIAMS ACT: Ed. Code 35186 requires that the following
notice be posted in your child’s classroom:
1. There should be sufficient textbooks and instructional
materials. For there to be sufficient text books and instructional
materials, each student, including English learners, must have
a textbook or instructional material, or both, to use in class and
to take home to complete required homework assignments.
2. There should be a teacher assigned to each class and not a series
of substitutes or other temporary teachers. The teacher should
have the proper credential and subject matter training to teach
the class, including training to teach English Learners if
present.
3. School facilities must be clean, safe, and maintained in good
repair. Good repair means that the facility is maintained in a
manner that assures that it is clean, safe and functional as
determined by the Office of Public School Construction.
4. To file a complaint regarding the above matters, complaint
forms can be obtained at the principal’s office, district office,
or can be downloaded from the school district’s or California
Dept. of Education’s website.
PUPIL RECORDS
REVIEW OF PUPIL RECORDS: Parents have the right to
question, and receive an answer regarding items on their child’s
record that appear inaccurate, misleading, or that invade the child’s
privacy. (E.C. §49063, and §49090)
NOTIFICATION OF PRIVACY RIGHTS OF PUPILS: Federal
and state laws grant certain privacy rights and rights of access to
pupil records to pupils and their parents. Full access to all personally
identifiable written records maintained by the district or county
PARENTS RIGHTS AND RESPONSIBILITIES 2014-2015
office must be granted to: Parents of students age 17 or younger;
Parents of students age 18 or older, if the student is a
dependent for tax purposes; students age 16 or older, or having
completed 10th grade.
Parents, or an eligible student, may review individual records by
making a request to the principal. The principal will see that
explanations and interpretations are provided, if requested. A parent
has the right to question and receive an answer regarding items on
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their child’s record that appears inaccurate, misleading, or that
invades his/her child’s privacy. Information that is alleged to be
inaccurate, inappropriate, or misleading may or may not be removed
by the superintendent or his/her designee. In addition, parents of
eligible students may receive a copy of any information in the
pupil’s records at a reasonable cost per page. District policies and
procedures relating to types of records, kinds of information
retained, persons responsible for maintaining pupil records,
directory information, access by other persons, review, and to the
challenge to content of records are available through the principal or
his/her designee. Parents may contact the school to review the log
listing those that have requested or received information from a
pupil’s file, as required in E.C. §49064.
Access to a pupil’s records will only be granted to those with a
legitimate educational interest.
When a student moves to a new district, records will be forwarded
upon request of the new district. At the time of transfer, the parent
(or eligible student) may review, receive a copy (at reasonable fee),
and/or challenge the records. Parents may contact the school or
county office for any policy regarding the review and expungement
of pupil records.
If you believe the district is not in compliance with federal
regulations regarding privacy, you may file a complaint with the
United States Department of Health, Education, and Welfare.
The district also makes certain student directory information
available in accordance with state and federal laws. This means that
each student’s name, birth date, birthplace, address, telephone
number, major course of study, participation in school activities,
dates of attendance, awards, and the most previous public or private
school attended, may be released to certain specified agencies. In
addition, height and weight of athletes may be made available.
Appropriate directory information may not be provided to any
private, profit-making entity other than employers, prospective
employers or to representatives of the news media.
Upon written request from the parent of a student age 17 or younger,
the district will withhold directory information about the student. If
the student is 18 or older or enrolled in an institution of postsecondary instruction and makes a written request, the pupil’s
request to deny access to directory information will be honored.
Requests should be submitted within 30 calendar days of receipt of
this notification. (E.C. §49060-49078)
PUPIL PERFORMANCE AND EVALUATION
ACCOUNTABILITY REPORT CARD: A copy of the district’s
accountability report card may be obtained from the school upon
request (E.C. §35256). The School Accountability Report Card is
also available on the Internet at the Cambrian web site
www.cambrian.k12.ca.us.
EXCUSED ABSENCES: No pupil shall have his/her grade
reduced or suffer a loss of academic credit on account of an excused
absence when missed assignments and tests that can reasonably be
provided are satisfactorily completed within a reasonable period of
time. An excused absence defined in Education Code §48205 as:
PARENT MEETING with TEACHER and PRINCIPAL: Upon
reasonable notice, parents have the right to meet with their child’s
teacher and principal. (E.C. §49091.10)
(a)
PARENT NOTIFICATION: Parents have the right to be notified
concerning their child’s classroom and standardized test
performances, and to be informed about school rules, attendance
policies, dress codes, school visiting procedures and the person to
contact should problems arise with their child. (E.C. §49091.10)
Notwithstanding Section 48200, a pupil shall be excused from
school when the absence is:
1.
2.
3.
4.
ACADEMIC EXPECTATIONS: Parents have the right to be
informed of the academic expectations of their child. (E.C.
§49091.10)
5.
PSYCHOLOGICAL TESTING: Parents have the right to receive
information about psychological testing the school does involving
their child and to deny permission to give that testing. (E.C.
§49091.10)
PARENTS RIGHTS AND RESPONSIBILITIES 2014-2015
6.
Due to his or her illness.
Due to quarantine under the direction of a county or city
health officer.
For the purpose of having medical, dental, optometrical,
or chiropractic service rendered.
For the purpose of attending the funeral services of a
member of his/her immediate family, so long as the
absence is not more than one (1) day if the services are
conducted in California and not more than three (3) days
if the services are conducted outside California.
For the purpose of jury duty in the manner provided for
by law.
Due to the illness or medical appointment during school
hours of a child of whom the pupil is the custodial parent.
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7.
(b)
For justifiable personal reasons, including, but not
limited to, an appearance in court, attendance at a funeral
service, observance of a holiday or ceremony of his/her
religion, attendance at religious retreats or attendance at
an employment conference, when the pupil’s absence
has been requested in writing by the parent or guardian
and approved by the principal or a designated
representative, pursuant to uniform standards established
by the governing board.
A pupil absent from school under this section shall be
allowed to complete all assignments and tests missed during
the absence that can be reasonably provided and, upon
satisfactory completion within a reasonable period of time,
shall be given full credit therefor. The teacher of any class
from which a pupil is absent shall determine the tests and
assignments shall be reasonably equivalent to, but not
necessarily identical to, the tests and assignments that the
pupil missed during the absence.
(c)
For purposes of this section, attendance at religious retreats
shall not exceed four (4) hours per semester.
(d)
Absences pursuant to this section are deemed to be absences
in computing average daily attendance and shall not generate
state apportionment payments.
(e)
“Immediate family” as used in this section, has the same
meaning as that set forth in Section 45194, except that
references therein to “employee” shall be deemed to be
references to “pupil.”
RETENTION: The school shall notify the parent as early in the
school year as practical if their child is at risk for retention. Parent
has the right to consult with school personnel and to appeal the
decision.
CURRICULUM AND INSTRUCTION
INSTRUCTIONAL MATERIALS: All primary and
supplemental instruction materials and assessments, including
textbooks, teacher manuals, films, tapes, and software, shall be
compiled and stored by the classroom instructor and made
available promptly for inspection by a parent in a reasonable time
frame or in accordance with district or county office policies or
procedures. (E.C. §49091.10)
OBSERVATION: Upon written request, a parent has the right to
observe instruction that involves his/her child or for the purpose
of selecting a school in accordance with board policies on
interdistrict and intradistrict transfers. Any observation will be
done in accordance with policies established to ensure the safety
of pupils and school personnel and to prevent undue interference
with instruction or harassment of school personnel. (E.C. §
49091.10(b))
BELIEFS: A pupil may not be compelled to affirm or disavow
any particular personally or privately held world view, religious
doctrine, or political opinion. No pupil shall be relieved of any
obligation to complete regular classroom assignments. (E.C.
§49091.12(a))
CURRICULUM: The curriculum, including titles, descriptions,
and instructional aims of every course offered by a public school,
shall be compiled at least once annually in a prospectus. The
prospectus is available for review upon request and for copying at
a reasonable charge. (E.C. §49091.14; 49063)
SEXUAL HARASSMENT: A copy of the district’s written
policy on sexual harassment, as it pertains to pupils, is available
upon request by calling the district office. A list of referral sources
outside the school district is also available upon request.) E.C.
§48980)
PARENTS RIGHTS AND RESPONSIBILITIES 2014-2015
UNEXCUSED ABSENCE: Parents shall be notified in a timely
manner if their child is absent from school without permission. (E.C.
§44670.5; 51101)
ANIMAL DISSECTION: A pupil who has a moral objection to
dissecting or otherwise harming or destroying animals as part of an
instructional program, has a right to request an alternative
educational program. (E.C. §32255-32255.6)
INSTRUCTION ON AIDS PREVENTION: The parents of pupils
in grades 7 through 12 are entitled to written notice prior to AIDS
prevention instruction being provided.
Following the distribution of this annual notice, 10 to 15 days notice
will be given when an outside organization or guest speaker that has
not already been noticed, is scheduled to present AIDS prevention
instruction. Parents may obtain from the district or the county office,
copies of Education Code Sections 51201.5 and 51553 (AIDS
instruction).
MINIMUM DAYS AND STAFF DEVELOPMENT: Calendar
which includes a schedule of minimum days and pupil- free staff
development days will be sent to parents at least annually. Parents
will also be notified during the school year of any additional
minimum days and pupil-free staff development days. (E.C.
§48980) prospectus is available for review upon request and for
copying at a reasonable charge. (E.C. §49091.14; 49063)
EVALUATIONS: A pupil may not be tested for behavioral,
mental, or emotional evaluation without the informed written
consent of his/her parent. (E.C. §49091.12)
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PUPIL DISCIPLINE RULES: A copy of the school’s pupil
discipline rules may be obtained by contacting the principal or
his/her designee. The parent of a pupil who has been suspended
by a teacher may be required to attend a portion of a school day
in his/her child’s class. (E.C. §35191; §48900.1)
ABSENTEES, TEMPORARY INSTRUCTION & ENROLLMENT OPTIONS
HOME INSTRUCTION: Except for pupils receiving individual
instruction provided pursuant to a district or county office-sponsored
program, a pupil with a temporary disability which makes attendance,
in the regular day classes or alternative education program in which
the pupil is enrolled, impossible or inadvisable, shall receive
individual instruction provided by the district in which the pupil is
deemed to reside. (E.C. §48206.3)
INTERDISTRICT ATTENDANCE AGREEMENTS: A pupil
may attend a school in a district other than the pupil’s district of
residence pursuant to an interdistrict attendance agreement. Contact
the school for an interdistrict application. (E.C. §46600, 48209, et
seq.)
RESIDENCE BASED ON PARENTS’ EMPLOYMENT:
Under certain conditions, a pupil may attend schools of the district
within which one or more of the parents are employed. Contact
the district in which the parents are employed for further
information. (E.C. §48204(f))
INTRADISTRICT ATTENDANCE: The district has adopted a
policy(s) for intradistrict residence. Contact your school of
residence. (E.C. §44660, 48209 et seq.)
PUPIL SAFETY AND MEDICAL TREATMENT
FINGERPRINT POLICY: Information concerning the district’s or
county office’s pupil fingerprint policy is provided at the time of
enrollment.
CONFIDENTIAL MEDICAL SERVICES: Pupils enrolled in
grades 7 through 12 may be excused from school for the purpose of
obtaining confidential medical services without the consent of
the pupil’s parent. (E.C. §46010.1)
CONTINUING MEDICATION: A parent is required to inform
the school, if a pupil is on a continuing medication regimen for a
non-episodic condition, of the medication being taken, the current
dosage, and the name of the supervising physician. With a parent’s
consent, the school nurse or other designated employee may
communicate with the physician with regard to the possible
effects of the drug on the child’s physical, intellectual and social
behavior, as well as possible behavioral signs and symptoms of
adverse side effects, omission, or over dosage. (E.C. §49480)
PUPIL SAFETY: Parents have the right to have a safe and
supportive learning environment for their child. (E.C. §51101(a).)
RELEASE OF STUDENT TO PEACE OFFICER: If a school
official releases your child from school to a peace officer for the
purpose of removing him/her from the school premises, the school
official shall take immediate steps to notify you or a responsible
relative of your child, except when a student has been taken into
custody as a victim of suspected child abuse. In those cases, the
peace officer will notify the parent or guardian. (E.C. §48906)
MISCELLANEOUS
INTERNET POLICY: In the instance where a district or county
office provides pupils with access to the Internet or an on-line
service, the policy regarding access by pupils to Internet and on-line
sites is available at the district office upon request. (E.C. §48980(h),
51870.5) The School Accountability Report Card is also available
on the Internet at the Cambrian web site www.cambriansd.org .
STAFF: Parents have the right to request information regarding the
professional qualifications of their child’s teacher, including:
whether the teacher has met state credential or license criteria for
grade level and subject matter taught; whether the teacher is
teaching under emergency or other provisional status; baccalaureate
PARENTS RIGHTS AND RESPONSIBILITIES 2014-2015
degree major of the teacher and any other graduate certification or
degree held; or whether the child is provided services by
paraprofessionals, and, if so, their qualifications.
INDIVIDUALS WITH DISABILITIES: The district is
included in the Santa Clara County Special Education Local Plan
Area (“SELPA”). Individuals with disabilities, as defined by
Education Code §56026, have a right to a free, appropriate public
education. If you believe your child is in need of special education
services, contact your school principal or the Cambrian District
Office at (408) 377-2103.
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PARENT RESPONSIBILITY: Parents are liable for all the
damages caused by the willful misconduct of their minor children
which result in death or injury to other students, school personnel, or
school property (E.C. §48904, C.C. 1714.1)
ALTERNATIVE SCHOOLS: California state law authorizes all
school districts to provide for alternative schools. Section 58500 of
the Education Code defines alternative schools 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 selfmotivation and encouraging the student in his own time to follow
his own interests. These interests may result in whole or in part
from a presentation by his/her teachers or choices of learning
project.
d. Maximizing the opportunity for teachers, parents and students to
cooperatively develop the learning process and its subject matter.
The opportunity shall be a continuous, permanent process.
e.
Maximize the opportunity for 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 administrative
office of this district has 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
social programs in each district. Contact the Assistant
Superintendent, Student Services (408) 377-2103, for more
information. (E.C. . §58501)
FREE OR REDUCED PRICE MEALS: Needy pupils are
entitled to free or reduced price meals. Contact the school for
eligibility information. (E.C. . §49510, et seq.)
PERSONAL PROPERTY: The district is not responsible for
personal property. Students are discouraged from bringing noninstructional items to school such as radios, skate boards, etc.
Please refer to the Student Handbook and school rules.
ANNUAL PESTICIDE NOTIFICATION
Assembly Bill 2260 (Healthy Schools Act of 2000) requires annual notification to all parents and staff of the names of all pesticides that
are planned for use during the year at school sites. This includes the use of herbicides. Cambrian School District has adopted an Integrated
Pest Management approach. This means that it is desirable to utilize the least toxic method first and work up to the use of chemicals only if
warranted.
The following pesticides and their purposed have been identified for potential use during the 2007-2008 school year:
Product
Manufacturer
Use
Primary Ingredient
Other
Drax
Waterbury
Ants
Orthoboric Acid
Ant kill gel
Borid
Waterbury
Roaches
Orthoboric Acid
CAS #10013
Cynoff EC
Vopak
Wasps/Bees
Cypermethrin
Prod. Code 1167
Cy-kick
Whitmire
Ants
Cyfluthrin
CAS #68539-37-5
Roundup Pro
Monsanto
Weeds
Glyphosate
CAS #38641-94-0
Turflon
DowElanco
Broadleaf
Triclopr
EPA #62719-258
Contrac
Bell Lab
Rodentcide
Bromadiolone
EPA #12455-69
Demon WP
Zeneca
Ants/Roaches
Cypermethrin
EPA #10182-71
Drione
Aventis
Termites
Silica Gel
EPA #432-992
Suspend SC
Aventis
Insects
Deltamethrin
EPA #432-763
Wasp Freeze
Whitmire
Wasps
Allethrin
EPA #499-362
Bait
Maxforce
Ants/Roaches
Hydramethylnon
EPA #64248-19
Gel
Maxforce
Roaches
Fipronil
EPA #6248-14
Advance
Whitmire
Ant Bait
Abamectin B1
CAS #71751-41-2
Bait Stations
Maxforce
Ants
Fipronil
EPA #64248-12
Tempo
Bayer
Roaches
Cyfluthrin
EPA #3125-377
Bait Stations
Whitmire
Cockroaches
Abamectin
EPA #499-467
Demand CS
Zeneca
Cockroaches
Lambda-cyhalothrin
CAS #91465-08-6
Chipco/Ronstar
RhonePoulenc
Pre-emergent
Oxadiazon
CAS #19666-30-9
The above listed products are only used by staff or contractors that have received appropriate application and safety training. If you wish
to be notified personally prior to a particular pesticide application, please notify the Director of Buildings and Maintenance, in writing at
Cambrian School District, 4115 Jacksol Dr., San Jose, CA 95124.
For further information please visit the California Department of Pesticide Regulation’s Website at: http://www.cdpr.ca.gov.
PARENTS RIGHTS AND RESPONSIBILITIES 2014-2015
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