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Tracking Access to Curriculum

  • Introduction

    California does not have any mandated requirements for schools to “track” their students. Each school decides whether or not to use a “tracking” curriculum. 

  • Does California have testing for track placement?

    Standardized Testing and Reporting Program (“STAR”): In 1997, the Legislature established the Standardized Testing and Reporting Program (“STAR Program”), which requires that the State Board of Education designate a norm-referenced test for grades 2-11. (http://www.cde.ca.gov/ta/tg/sr/cefstar.asp)

    STAR Program participants: All SDUSD students, including English learners and those in special education programs, must participate in the STAR Program.

    The STAR Program has 4 components:

    1. California Standards Tests (“CST”);
    2. California Alternate Performance Assessment (“CAPA”);
    3. California Modified Assessment (“CMA”); and
    4. Standards-based Tests in Spanish (“STS”).

    (http://www.cde.ca.gov/ta/tg/sr/cefstar.asp)

    What are the California Standard Tests (CST)?

    The CST is a criterion-referenced test that assesses the California content standards in the subject areas of:

    • English-language arts,
    • mathematics,
    • science, and
    • history/social science.

    All students must take the CST unless the student has an individualized education program that indicates assessment should be performed with the CAPA or CMA.

    Schools administer the CST throughout the student’s education, testing different subject matters once a year at different points in the student’s education.

    California Standard Tests

    Subject Area

    Grade levels tested annually

    English language Arts

    2-11

    Mathematics

    2-11

    Writing

    4-7

    History/Social Studies

    8-11

    Science

    5 & 8-11

    What is the California Alternate Performance Assessment (CAPA)?

    The CAPA is an alternative performance test that also assesses the student’s proficiency in:

    • English-language arts,
    • mathematics, and
    • science.

    It is an individually administered test for students with significant cognitive disabilities who have an Individualized Education Program (“IEP”). The CAPA is administered as follows:

    California Alternate PerformanceAssessment

    Subject Area

    Grade Level

    English Language Arts

    2-11

    Mathematics

    2-11

    Science

    5, 8, 10


    What is the California Modified Assessment (CMA)?

    The CMA is another alternative performance test that is administered to students who have an Individualized Education Plan (IEP) and meet the CMA eligibility criteria adopted by the California Board of Education.  The CMA assesses the student’s proficiency in:

    • English-language arts,
    • mathematics, and
    • science. 

    The CMA is administered as follows:

    California Modified Assessment

    Subject Area

    Grade Level

    English Language Arts

    3-11

    Algebra I

    7-11

    Geometry

    8-11

    Mathematics

    3-7

    Writing

    4-7

    Science

    5, 8, 10

     

    What is Standard-based Test in Spanish (STS)?

    The STS is comprised of criterion-referenced tests that are aligned with the CST in the areas of reading/language arts and mathematics. Spanish-speaking English learners who either receive instruction in their primary language or have been enrolled in a school in the United States for less than 12 months take the STS.

    Both the reading/language arts and mathematics STS assessments are administered in grades two through eleven.

    Standard-based Test in Spanish

    Subject Area

    Grade Level

    Reading/Language Arts

    2-11

    Mathematics

    2-11

     

    STAR Test performance level:

    The State Board of Education assesses student performance in the STAR Program on 5 performance levels:

    1. advanced,
    2. proficient,
    3. basic,
    4. below basic, and
    5. far below basic.

    School, district, county, and state-level reports must be distributed to district and county officials by the California Department of Education and posted on the California Department of Education’s website by August 15 of each year.

    Within 20 working days of receiving the reports, districts must provide parents with individual written reports of their child’s performance in the STAR program.

    Under the current framework, the STAR Program is set to lapse on July 1, 2013.

  • At what grade level are the students tested for GATE program eligibility?

    Second grade level: It is the policy of the SDUSD to test all second grade students for GATE program eligibility.

    Third, fourth, and fifth grade level: Testing is also offered to third, fourth and fifth grade students who are new to the SDUSD and were not previously tested.

    Fifth grade level: Testing is also offered to fifth grade students meeting retest criteria. 

  • What does GATE offer to students?

    The GATE programs for gifted and talented students can consist of:

    • special day classes,
    • part-time groupings, and
    • cluster groupings.

    What are GATE curriculum components?

    School districts are required to plan and organize GATE curricular components as integrated differentiated learning experiences within the regular school day, and can also be augmented or supplemented with other differentiated activities related to the core curriculum in the form of independent study, acceleration, postsecondary education, and enrichment. (http://www.cde.ca.gov/sp/gt/gt/)

    The SDUSD offers GATE curricular components through:

    • The Cluster program for gifted and high ability students, and
    • The Seminar program for the highly gifted.

    The GATE Cluster program:

    • For students who score between 95 and 99.8 % on the Raven Test.
      • A test score in this range indicates to the District that the student has a need for differentiated instruction and assignments with a GATE certified instructor.
    • “Differentiation” is the utilization of various and/or different strategies to deliver the most effective learning outcome for each student.
    • Classes are offered from 3-12 grades.
    • Students are placed in classes where at least 1 quarter of the class is gifted, although some schools have classes where at least 1/2 of the class is gifted.

    The GATE Seminar program:

    • For students who score 99.9 % or higher on the Raven Test.
    • Classes are limited to 25 students and include only those who are highly gifted.
    • Teachers in the Seminar Program must be GATE certified, and have at least 3 years of experience in a GATE Cluster classroom.
    • In elementary school, the students’ seminar classes are all day.
    • In secondary school, the students take seminar classes in English and History only.
    • GATE Seminar classes are offered from 3-12 grades; however, not all schools offer seminar classes.

High Stakes Testing

  • What other tests does California require?

    California also requires schools to implement the following tests:

    1. Early Assessment Program (EAP)
    2. California English Language Development Test (CELDT)
    3. California High School Exit Examination (CAHSEE)
    4. Physical Fitness Test (PFT)
    5. California High School Proficiency Examination (CHSPE)
    6. National Assessment of Educational Progress (NAEP)
    7. General Education Development (GED)
  • Early Assessment Program (EAP)

    The Early Assessment Program (“EAP”) test is voluntary and is administered during grade 11. It is meant to add to the CST assessments in English-language arts, algebra II, and summative high school mathematics. 

  • California English Language Development Test (CELDT)

    The CELDT is administered during grades K-12 and tests listening, speaking, reading and writing. (http://www.cde.ca.gov/ta/tg/el/documents/celdt09qa.pdf)

    School districts are required to administer a state test of English proficiency to:

    1. Newly enrolled students whose primary language is not English. Students must take the test within 30 calendar days of enrolling in a California public school for the first time.
    2. Students who are English learners as an annual assessment.

    The CELDT must also be given once each year to all English learners until they are reclassified as fluent English proficient, based on criteria established by the local school board.

  • California High School Exit Examination (CAHSEE)

    Students in California public schools must pass the CAHSEE to earn a high school diploma. Cal. Educ. Code § 60850.

    What is the purpose of the CAHSEE?

    The purpose of the CAHSEE is to improve student achievement in high school and to help ensure that students who graduate from high school can demonstrate grade-level competency in reading, writing, and mathematics.

    What does the CAHSEE test?

    The CAHSEE tests proficiency in English-language arts and mathematics. (http://www.cde.ca.gov/ta/tg/hs/cahseeqajune2010.asp#Q2

    When do students take the CAHSEE?

    All students in the 11th grade take the CASHEE. (http://www.cde.ca.gov/ta/tg/hs/cahseeqajune2010.asp#Q2

    Can students retake the CASHEE, if they do not pass it the first time?

    Adult students and students in the 11th and 12th grades who have not previously passed the CASHEE can retake it.

    Are students with disabilities required to take and pass the CASHEE?

    Students with learning disabilities may not have to take and pass the CAHSEE as a condition of graduation or receiving a diploma. Cal. Educ. Code §§ 60851(c), 60852.3. The exemption applies to students with special needs and/or disabilities who have an IEP or Section 504 plan, which indicates that the student had satisfied or will satisfy all other state and local requirements to receive a high school diploma. Cal. Educ. Code § 60852.3.

    Are all students with disabilities exempt from the CASHEE?

    Certain students with disabilities who are not eligible for the exemption and have earned the equivalent of a passing score while taking the CAHSEE with a modification, may apply for a waiver of the CAHSEE requirement from their local school board. Cal. Educ. Code § 60851(c). Students need only apply for a waiver if they are ineligible for an exemption under Cal. Educ. Code § 60852.3.

    How do students and parents know the CASHEE results?

    School districts receive an electronic copy of the CAHSEE results within 8 weeks.

    The state CAHSEE administrator sends the school district 2 copies of a CAHSEE Student and Parent report for each student who took the exam within approximately 10 weeks. Upon receipt of these reports, the school district must immediately distribute 1 copy to the student’s parents or guardians, and place the other copy in the student’s permanent record. (http://www.cde.ca.gov/ta/tg/hs/cahseeqajune2010.asp#Q4)

    What happens if a student does not pass the CASHEE?

    If a student does not pass the CAHSEE, the district is required to provide additional instruction to the student.

    California High School ExitExamination

    What is the purpose of the CAHSEE?

    The purpose of the CAHSEE is toimprove student achievement in high school and to help ensure that studentswho graduate from high school can demonstrategrade-level competency in reading, writing, and mathematics.

    What does the CAHSEE Test?

    The CAHSEE tests proficiency in English-language arts and mathematics.(http://www.cde.ca.gov/ta/tg/hs/cahseeqajune2010.asp#Q2

    When do students take the CAHSEE?

     All students in the 11th grade take the CASHEE. (http://www.cde.ca.gov/ta/tg/hs/cahseeqajune2010.asp#Q2

    Can students retake the CASHEE, if they do not pass it the firsttime?

    Adult students and students inthe 11th and 12th grades who have not previously passed the CASHEE can retake it.

    Are students with disabilities required to take and pass the CASHEE?

    Students with learning disabilitiesmay not have to take and pass theCAHSEE as a condition of graduation or receiving a diploma. Cal. Educ. Code§§ 60851(c), 60852.3. The exemptionapplies to students with special needs and/or disabilities who have anIEP or Section 504 plan, which indicates that the student had satisfied or willsatisfy all other state and local requirements to receive a high schooldiploma. Cal. Educ. Code § 60852.3.

    Are all students with disabilities exempt from the CASHEE?

    Certain students withdisabilities who are not eligible for the exemption and have earned theequivalent of a passing score while taking the CAHSEE with a modification, may apply for a waiver of the CAHSEErequirement from their local school board. Cal. Educ. Code § 60851(c).Students need only apply for a waiver if they are ineligible for an exemptionunder Cal. Educ. Code § 60852.3. 

    How do students and parents know the CASHEE results?

    School districts receive an electronic copy of the CAHSEE resultswithin 8 weeks.

    The state CAHSEE administratorsends the school district 2 copies ofa CAHSEE Student and Parent report for each student who took the examwithin approximately 10 weeks. Upon receipt of these reports, the schooldistrict must immediately distribute 1copy to the student’s parents or guardians, and place the other copy in the student’s permanentrecord. (http://www.cde.ca.gov/ta/tg/hs/cahseeqajune2010.asp#Q4)

    What happens if a student does not pass the CASHEE?

    If a student does not pass theCAHSEE, the district is required toprovide additional instruction to the student.


    What does the CAHSEE measure?

    The state and federal governments use the CAHSEE as a measure of school and district accountability under the California Public Schools Accountability Act, and the Federal Elementary and Secondary Education Act. 

  • Physical Fitness Test (PFT)

    All students are required to take the PFT, which assesses:

    • aerobic capacity,
    • body composition,
    • abdominal strength and endurance,
    • trunk extensor,
    • strength and flexibility,
    • upper body strength and endurance, and
    • flexibility.

    Schools administer the test in grades 5, 7 and 9

  • National Assessment of Educational Progress (NAEP)

    The NAEP is a federal test administered to students in grades 4, 8 and 12. (http://www.sandi.net/20451072095940217/blank/browse.asp?a=383&BMDRN=2000&BCOB=0&c=56328&20451072095940217Nav=|&NodeID=3432)

    The NAEP assesses student knowledge in:

    • Civics,
    • Geography,
    • Mathematics,
    • U.S. history, and
    • Writing.

    The NAEP is administered to a sample of “grade-eligible” students in selected schools.

    How is the NAEP administered?

    The NAEP is the largest nationally representative and continuing assessment of what America’s students know and can do in various subject areas. NAEP assessments are administered uniformly using the same sets of test booklets across the nation, serving as a common metric for all states and selected urban districts. The NAEP is essentially the same from year to year in order to allow comparisons of student academic progress over time. (http://nces.ed.gov/nationsreportcard/about/)

    How is the NAEP funded?

    The NAEP is voluntary for every student, school, school district, and state; however, federal law requires all states receiving Title I funds to participate by administering NAEP reading and mathematics assessments to students in the 4th and 8th grades. Similarly, all school districts receiving Title I funds are also required to participate by administering NAEP reading and mathematics assessments to students in the fourth and eighth grades. (http://nces.ed.gov/nationsreportcard/faq.asp#ques3a

  • General Education Development (GED)

    The GED assesses a person’s proficiency in:

    • reading,
    • mathematics,
    • science,
    • social science, and
    • writing.

    The GED is voluntary, and test takers must be at least 18 years old, or 17 years old, if eligible.

Discipline

  • Copy of Introduction

    Education in California is a fundamental right. Serrano v. Priest, 5 Cal. 3d 584, 608-09 (Cal. 1971) (Serrano) Furthermore, the California Constitution mandates that the state legislature provide for a system of common schools where a free school shall be kept up and supported in each district at least 6months in every year. Cal. Const. art. IX, § 5. See also Serrano, 5 Cal. 3d at 595.

    In addition to the fundamental right to an education, children also have “the right to an effective public school education,” which includes the constitutional right to be safe and secure while at school. Cal. Educ. Code § 35183. California statutes and implementing regulations developed by school districts help provide the system in which students are able to obtain an effective public education while remaining safe and secure. California requires that “[a]ll pupils . . . comply with regulations, pursue the required course of study, and submit to the authority of the teachers of the schools.” Cal. Educ. Code § 48908.  

  • Does SDUSD have a policy on dress code?

    Yes. In California, a school district’s governing board may adopt policies that allow schools to implement reasonable dress codes, including dress codes that require students to wear school uniforms or prohibit gang-related clothing and the SDUSD has adopted such a policy. SDUSD Admin. Proc. 6270(B)(4).

    California also requires that students generally exercise good hygiene. Under California law, if a student goes to school without giving proper attention to personal cleanliness or neatness of dress, the student may be sent home or required to prepare himself before entering school. Cal. Code Regs, tit. 5, § 302.

  • Are school uniforms permitted in California public schools?

    Yes, the adoption of a school uniform policy is a reasonable way to provide some protection for students.  The “governing board of any school district may adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform. Cal. Educ. Code § 35183(b). A school dress code policy that requires students to wear a uniform shall not be implemented with less than six months’ notice to parents of students currently enrolled. Cal. Educ. Code § 35183(d). For economically disadvantaged students who cannot afford a uniform, the school is required to provide resources to those students so they are able to comply with the policy. Cal. Educ. Code § 35183(d). In addition, the school dress code and/or uniform policy cannot prevent students who participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting. Cal. Educ. Code § 35183(g).

    Under any school dress code and/or uniform policy, the school must include a provision that if the student’s parents choose not to have the student comply with the school uniform policy, the student cannot be penalized academically or otherwise discriminated against, nor denied attendance to school. Cal. Educ. Code §§ 35183(e)-(f). Parents are required to specifically designate in writing that their child will not wear a uniform, and should seek guidance from their child’s school for specific procedures and regulations. SDUSD Admin. Proc. 6270(C)(5)(e).

  • Why is gang-related apparel prohibited?

    SDUSD requires each school to establish a school dress and behavior code prohibits the wearing of gang-related apparel.

    Parents of students who wear gang-related dress will be advised that the wearing of such apparel by their children places them at risk of unintended harm. SDUSD Admin. Proc. 6270(C)(5)(c)-(d); see also Cal. Educ. Code § 35183(a).

  • Who has authority to discipline students?

    Principal authority: It is the principal’s responsibility to maintain good discipline in the school. SDUSD Policy 2008 H-6000(a).

    Superintendent authority: Within the SDUSD, the superintendent distributes district-wide regulations and procedures by which the principal may measure citizenship and the development of good discipline. In addition, these regulations and procedures permit a principal to delegate those duties necessary for maintenance of good student conduct to a vice-principal, counselor, teacher or other staff member. SDUSD Admin. Proc. 6270.

    Principal designee authority: A principal’s designee is an administrative employee designated by the principal, in writing, to assist with disciplinary procedures. SDUSD requires that the principal designate a second person, in writing, to serve as designee when the principal and the primary designee are absent from the school site. These names must be on file in the principal’s office and the principal must record designations annually. SDUSD Admin. Proc. 6290.

    Teacher authority: In addition to principals, SDUSD also gives teachers the authority to control for student misbehavior and provide classroom discipline.  Teachers are responsible for classroom discipline to ensure a proper learning environment for all students. This responsibility and authority extends to all students, including those not under immediate control of another teacher. SDUSD Admin. Proc. 6270(C)(4)(a). The teacher’s authority extends beyond conduct in and around the classroom to the student’s conduct “on the way to and from school, on the playgrounds, or during recess.” Cal. Educ. Code § 44807.

    If a student disturbs class and wastes class time, the teacher is authorized to isolate that student in a place removed from other students. If the teacher chooses this as a disciplinary measure, the school and teacher are required to provide adequate safeguards for the isolated student’s health, safety, and proper supervision. SDUSD Admin. Proc. 6270(C)(4)(e)(3).

    Teacher and School Official Immunity: A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. Cal. Educ. Code § 44807.

    Parent’s role in the student’s discipline: Parents also have a role in their child’s behavior. Parents are expected to cooperate with school authorities in maintaining and encouraging proper standards of behavior for children. Furthermore, parents are responsible, financially and otherwise, for willful misconduct of their children. Cal. Educ. Code § 48904.

  • How are discipline issues resolved?

    Some student discipline issues are resolved through individual counseling with a:

    •  teacher,
    • counselor, or
    • school administrator.

    It may require no more than detention or in-school suspension (“ISS”). 

  • What is In-School Suspension (ISS)?

    ISS is a form of discipline where the child is removed from the classroom for a short period of time for the purpose of redirecting or resolving the student’s misbehavior.

  • What is Expulsion?

    The most serious discipline approach available to a school is expulsion, which involves the removal of the student from his or her school for a period of one or two semesters. 

  • When may a school expel a student?

    A school cannot expel a student unless it makes a recommendation to the Board of Education, and the Board approves the recommendation. Students who are expelled are not permitted to participate in any district program or activity, including school dances, athletics, and performing arts events. Nevertheless, individual schools have special review boards that are able to consider exceptions to this policy. Students who are expelled are thereafter required to attend a community day school or alternative education program.

  • Detention

    What is Detention?

    The most minimal level of discipline is detention, where a student is detained in school for disciplinary or for other reasons, such as to make up school work or meet other school obligations, for periods up to one hour after the close of the school day. Cal. Code Regs., tit. 5, § 353.

    Who has the authority to give a student detention?

    The teacher has sole discretion in deciding whether to give a student detention. In such cases, SDUSD recommends that teachers attempt to contact parents to let them know students will be late in arriving home. SDUSD Admin. Proc. 6270(C)(4)(e)(1).

    Who determines detention policies?

    Detention policies are determined by each individual school. Therefore, it is recommended that parents contact their student’s teacher or the school principal for more information about what may lead to a detention. The discretion to set detention policies is tempered by California and SDUSD regulations that prohibit detention during the school’s intermission at noon or during any recess. Cal. Code Regs., tit. 5, § 352. All students shall be required to leave the schoolroom at recess, unless it would be detrimental to health. SDUSD Admin. Proc. 6270(C)(4)(e)(2); Cal. Code Regs., tit. 5, §§ 352-53.

  • Suspension

    What is suspension?

    Suspension is defined as the temporary removal of a student from ongoing instruction at the school site to call attention to the seriousness of the student’s behavior. SDUSD Admin. Proc. 6290.

    Who has the authority to suspend a student?

    The school’s authority to take action will be determined based on a school investigation and will be limited only to conduct that the student engaged in while on school grounds, going to or from school, during the lunch period (on or off campus), or during, or while going to or from, a school-sponsored activity. Cal. Educ. Code § 48900(s); SDUSD Admin. Proc. 6290(C)(5).

    Teachers as well as school administrators have varying degrees of authority to suspend students. If a teacher believes suspension is warranted, the teacher may suspend the student from the teacher’s classroom for the day of the behavior warranting suspension and the day after. If the teacher suspends a student, he or she is required to immediately report the suspension to the school principal and send the student to the principal or principal’s designee for appropriate action. Cal. Educ. Code § 48910(a).

    A teacher also has the authority to remove a student from the class for the remainder of the class period. This removal for the remainder of the class period does not require sending the student to the principal or principal’s designee; however, removal from a particular class cannot occur more than once every 5 school days. Cal. Educ. Code § 48910; SDUSD Admin. Proc. 6290(C)(2)(d)(3). Teachers are required to apply suspension policies uniformly to all students within the classroom. Cal. Educ. Code § 48900.1(b).

    If the student is sent to the principal for appropriate action, a superintendent, principal or principal’s designee may also suspend a student after conducting an informal meeting or conference between the student and the teacher or school employee who referred the student for suspension. The administrator may conduct the informal conference at the school or over the telephone. A principal may suspend a student from school for a maximum of 5 consecutive days for any of the above acts. Students may be suspended for a maximum of 20 days per school year. Cal. Educ. Code § 48903

    When may a student be suspended?

    If a student’s behavior is a threat to the safety, health or emotional wellbeing of others, and previous methods of prevention and intervention have been unsuccessful, the student will be suspended. Cal. Educ. Code §§ 48900 et seq.; SDUSD Admin. Proc. 6290

    A student may be suspended for the following acts:

    o      Assault/Battery: Causing, attempting to cause, or threatening to cause physical injury to another person, including a school employee. Willfully using force or violence on another person. Also included are attempted sexual assault, sexual assault and sexual battery. Exceptions may be made in a situation where witnesses and evidence support a case of self defense. Cal. Educ. Code §§ 48900(a), (n); SDUSD Admin. Proc. 6290(C)(4)(a).

    o      Weapons: Possessing, selling, or otherwise providing any weapon—including guns, knives, explosives, or simulated weapons, including toys such as pellet, airsoft, paintball and BB guns. This also applies to the use of any object in a threatening manner, including traditional classroom supplies such as pencils, pens, and paperclips. Possession of any of these objects does not qualify for suspension if the student had prior written consent from a certificated school employee and pre-approval by the principal or the principal’s designee. Cal. Educ. Code §§ 48900(b), (m); SDUSD Admin. Proc. 6290(C)(4)(b).

    o      Alcohol/Intoxicants/Controlled Substances: Unlawfully possessing, using, selling or otherwise providing alcohol, intoxicants (including inhalants such as glue, paint or liquid paper) or controlled substances, including prescribed medications. This also includes being under the influence of alcohol, intoxicants or controlled substances. Cal. Educ. Code § 48900(c)-(d); SDUSD Admin. Proc. 6290(C)(4)(c).

    o      Substance in Lieu of Alcohol/Intoxicants/Controlled Substances: Delivering, providing or selling items that are claimed to be alcohol, intoxicants or controlled substances but are not such items. SDUSD Admin. Proc. 6290(C)(4)(d).

    o      Drug Paraphernalia: Unlawfully possessing, offering, arranging for, or negotiating to sell any drug items. Cal. Educ. Code § 48900(j); SDUSD Admin. Proc. 6290(C)(4)(j).

    o      Tobacco or Nicotine Products: Possessing, providing or using tobacco, or any item containing tobacco or nicotine products, including but not limited to cigarettes, cigars, clove cigarettes, smokeless tobacco, snuff, chew packets and betel. Under district policy, a fourth offense requires an expulsion referral. Cal. Educ. Code § 48900(h); SDUSD Admin. Proc. 6290(C)(4)(h).

    o      Robbery and Extortion: Committing or attempting to commit a robbery or extortion. Extortion occurs when threats are made with the intent to obtain money or something of value. Cal. Educ. Code § 48900(e); SDUSD Admin. Proc. 6290(C)(4)(e).

    o      Property Damage: Causing or attempting to cause damage to school property or private property. Parents or guardians are legally responsible to pay for any losses or damage to public property caused by a student. Cal. Educ. Code § 48900(f). School property includes, but is not limited to, electronic files and databases. Cal. Educ. Code § 48900(u); SDUSD Admin. Proc. 6290(C)(4)(f).

    o      Property Theft: Stealing or attempting to steal school or private property, or receiving stolen property. Parents may be required to pay for damages. Cal. Educ. Code §§ 48900(g), (l), 48904. School property includes, but is not limited to, electronic files and databases. Cal. Educ. Code § 48900(u); SDUSD Admin. Proc. 6290(C)(4)(g).

    o      Obscenity: Committing an obscene act or engaging in regular profanity, swearing or vulgarity. This also applies to sexual acts, even if consensual. Cal. Educ. Code § 48900(j); SDUSD Admin. Proc. 6290(C)(4)(i).

    o      Disruption or Defiance: Disrupting school activities or otherwise refusing to follow the valid authority of school personnel, including supervisors, teachers, school officials or other school staff performing their duties. Cal. Educ. Code § 48900(k); SDUSD Admin. Proc. 6290(C)(4)(k).

    o      Sexual Harassment (Grades 4-12): Making unwelcome advances, requesting sexual favors, and other verbal, visual, or physical conduct of a sufficiently severe character. “Sufficiently severe” conduct is conduct that a reasonable person of the same gender as the victim considers to have a negative impact on that individual’s academic performance or to create an intimidating, hostile or offensive educational environment. Cal. Educ. Code § 48900.2; SDUSD Admin. Proc. 6290(C)(4)(l).

    o      Hate Violence (Grades 4-12): Causing, threatening to cause, attempting to cause, or participating in acts of hate against people or property. This includes but is not limited to negative behaviors that target members of a particular gender, race, ethnicity, religion, sexual orientation, or the mentally or physically challenged. Cal. Educ. Code § 48900.3; SDUSD Admin. Proc. 6290(C)(4)(m).

    o      Threats and Intimidation: Harassing, intimidating, or threatening a student who is a witness in a school disciplinary proceeding for the purpose of preventing that student from being a witness, retaliating against that student for being a witness, or both. This also applies to verbal or written threats against school officials or threats to cause major property damage. Cal. Educ. Code § 48900(o); SDUSD Admin. Proc. 6290(C)(4)(n).

    o      Harassment (Grades 4-12): Harassing, intimidating, or threatening a student or group of students, or school personnel, with the actual or expected effect of disrupting class work, or creating substantial disorder, or creating a hostile educational environment. Cal. Educ. Code § 48900.4; SDUSD Admin. Proc. 6290(C)(4)(o).

    o      Hazing: Engaging in, or attempting to engage in any activities used for initiation or pre-initiation into a student organization or student body, or related activities, which causes or is likely to cause bodily danger, physical harm, or personal degradation or disgrace, resulting in physical or mental harm. This applies to any student attending any school or school event. Cal. Educ. Code § 48900(q); SDUSD Admin. Proc. 6290(C)(4)(p).

    o      Bullying: Engaging in an act of bullying, including, but not limited to, cyber-bullying (discussed infra). Cal. Educ. Code § 48900(r).

    o      Terroristic Threats: Engaging in making terroristic threats against school officials or school property, or both. A “terroristic threat” includes any statement, whether written or oral, made by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of $1,000, with the specific intent that the statement is to be taken as a threat, whether or not the person making the statement intends to actually carry the statement out. Cal. Educ. Code § 48900.7.

    What happens when a student is suspended?

    If a student is suspended, the parent may request class assignments and tests for the period of suspension. The teacher of any class from which a student is suspended may require that the student complete assignments and tests during the period of suspension. SDUSD Admin. Proc. 6290.

    When a teacher suspends a student, the teacher may require the parent or guardian of the suspended student to attend a portion of the school day in the student’s classroom. Cal. Educ. Code § 48900.1. See also SDUSD Admin. Proc. 6291 (implementing Cal. Educ. Code § 48900.1).

    May a parent be requested to attend the student’s classroom if the student is disruptive?

    In SDUSD, a teacher may require classroom attendance by a parent or guardian if the suspension was for one of the following:

    1.     Committing an obscene act or engaging in habitual profanity or vulgarity; or

    2.     Disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

    Attendance by the parent or guardian is limited to the classroom from which the student was suspended, and the parent or guardian shall not be required to take time off of work to attend the classroom more than 4 times each school year. If parent or guardian classroom attendance is required after  the student’s suspension, the principal must mail a written “Notice to Attend” stating the date and time of the requested classroom attendance. The notice must also include a statement that attendance is required. Cal. Educ. Code § 48900.1; SDUSD Admin. Proc. 6291.

    Notice to Attend: If a parent or guardian receives the above “Notice to Attend,” he or she may not be required to comply with the notice if one or more of the following reasonable factors exist and are discussed with the principal of the student’s school:

    • Loss of salary due to the contract or practices of the parent or guardian’s employment;
    • Transportation hardship;
    • Child care responsibilities at home during the school day foreclose compliance;
    • Hospitalization or incarceration; or
    • In the process of appealing the student’s suspension.

    While the parent is required by law to respond, failure to respond will not result in penalties to the student.

  • Expulsion

    What is Expulsion?

    Expulsion is the removal of a student from the immediate supervision and control, or general supervision, of school personnel. SDUSD Admin. Proc. 6290, 6295.

    Expulsion is the most serious discipline approach within the SDUSD.  In addition to being subject to suspension, if a student engages in any of the above suspension activities or violates the District’s Zero Tolerance Policy, a principal  may recommend expulsion.

    Who has the authority to expel a student?

    Only the Board of Education has the actual authority to order the expulsion of a student. Once a school recommends expulsion, an Expulsion Review Panel conducts a hearing to decide whether to recommend to the Board of Education that the student be expelled. An Expulsion Review Panel is comprised of up to at least three district certificated staff members, such as counselors, teachers, vice principals or principals, who are not employed at the student’s school.  If the Panel recommends expulsion, the Board of Education then determines whether to accept the recommendation and expel the student.

    What happens to the student if the student is expelled?

    If a student is expelled, that student may not participate in any district- or school-sponsored activities, including regular classes, dances, athletics, and performing arts events. Instead, the student must attend an alternative education program, such as a community day school or a Juvenile Court and Community School.

    Can a student be expelled under the District’s “Zero Tolerance” Policy?

    Any violation of the SDUSD’s Zero Tolerance Policy will automatically lead to a recommendation for expulsion for middle, junior high, and high school students. Acts falling under the SDUSD’s Zero Tolerance Policy are:

    1. use, possession or sale of any weapon;
    2. brandishing a knife at another person;
    3. dangerous behavior;
    4. sexual misconduct; and
    5. use, distribution, or possession of controlled substances.

    Are students notified of the “Zero Tolerance” Policy?

    All schools provide students with a notice of the District’s Zero Tolerance Policy, in English and Spanish, at the beginning of every school year. Students, as well as their parents or guardians, are asked to read and sign the notice and return it to the school. 

  • What is Community Day School?

    Community day school: The first type of alternative education program is the community day school.  The main purpose of the community day school is to help students stabilize their education and behavior so that they can successfully transition back to their traditional comprehensive school. The community day school educational program focuses on building academic skills and fostering social and emotional growth.

    Alternative Learning for Behavioral and Attitude Community School  (ALBA): Within the SDUSD, the community day school is called the Alternative Learning for Behavior and Attitude Community School (“ALBA”). There are three ALBA schools within the SDUSD—one elementary school, one middle school, and one high school. Placement in an ALBA school occurs either by: (1) order of the SDUSD Placement and Appeals Office pending an expulsion hearing; or (2) referral by the School Attendance Review Board and the Probation Department.

    Students enrolled in an ALBA school are permitted to stay for up to one year. Most students return to their traditional school after a semester; however, depending on the expulsion term, some students may remain for up to one year. If a student in an ALBA school is a high school senior, that student may complete his or her graduation requirements while at the ALBA school and graduate.

  • What is Juvenile Court and Community School?

    Juvenile Court and Community School: Another alternative education program is called the Juvenile Court and Community School (“JCCS”), which is managed by the San Diego County Office of Education. The main purpose of the JCCS is to provide a variety of educational programs such that all students in the county have an opportunity to succeed, both academically and personally.

    Juvenile Court and Community School goals: The San Diego County Office of Education implements this JCCS goal by placing eligible students in one of several Summit Court School locations throughout San Diego County.  A student enters the Summit Program either through the expulsion process (i.e., placement by the Placement and Appeals Office), or through the Summit School’s Council, if the student’s parents or guardians agree to the placement. As with the community day school program, most students return to their traditional schools following expulsion; however, some seniors complete their graduation requirements while in the Summit Program and graduate.

  • Zero Tolerance Policies

    What is Zero Tolerance?

    Zero tolerance in a school or school district is a policy that mandates predetermined and severe consequences or punishment for specific offenses. The phrase, predetermined consequences, refers to a required response on the part of school administrators. The phrase, severe consequences, refers to suspension and most often expulsion. The violation of a zero tolerance policy results in the application of these severe consequences on the first instance. Kim Fries and Todd A. DeMitchell, Zero Tolerance and the Paradox of Fairness: Viewpoints from the Classroom, 36 J.L. & Educ. 211 (2007).

    School districts in California can determine their own zero tolerance policies.

    What is the purpose of the Zero Tolerance Policy?

    The SDUSD Zero Tolerance Policy is designed to ensure that every school environment is safe and conducive to learning for the students. The Zero Tolerance Policy applies to middle, junior high, and high school students. It requires suspension or expulsion for students who violate rules related to weapons, controlled substances, or violence.

    What is SDUSD’s Zero Tolerance Policy?

    The San Diego County Board of Education has approved the following Zero Tolerance Policy:

    • Use, possession or showing of a weapon will result in a recommendation for expulsion. A weapon is defined as, but not limited to, a firearm, pistol replica, started pistol, stun gun, BB gun or pellet gun, a knife of any size or type, a dirk, dagger, razor, slingshot, any explosives or fireworks. Any object used in a dangerous manner will also be considered a weapon. Cal. Educ. Code § 48915(c).
    • Repeated incidents of fighting, violent acts, or causing serious injury to another person will result in a recommendation for expulsion.
    • Attempting to commit or committing a sexual assault and/or sexual battery.
    • The district has a “no alcohol, tobacco, or other drug use policy.” Cal. Educ. Code § 48901. If a student is found to be selling, furnishing, or possessing an amount determined to be for more than personal use of controlled/prohibited substances, the student will be recommended for expulsion at the first offense. For possession or use, expulsion will be recommended on the third offense (after suspension recommendations for the first two offenses), except for tobacco offenses. If a student is found in possession of tobacco, the student will be recommended for expulsion on the fourth offense. In cases of drug, alcohol or tobacco related suspension, under certain circumstances, some portion or all of a suspension may be waived by the principal if the student and his/her parent or guardian agree to the student’s participation in specified substance intervention programs. SDUSD Admin. Proc. 6290(C)(6).
    • In addition to discipline, if a student is found to have violated the law, the student may be arrested and taken to a juvenile detention facility by local law enforcement. Cal. Educ. Code § 48902. In the case of an arrest, the principal or other school official releasing the student to law enforcement custody must take immediate steps to notify the student’s parent or guardian. Cal. Educ. Code § 48906.
    • Expulsion from SDUSD will result in the loss of privileges to attend school or extracurricular activities. A student may be placed in an alternative school or program.
    • The Zero Tolerance Policy requires a recommendation for expulsion if the offense occurs on a school campus or at a school activity, whether on or off campus.
    • Expulsion may be recommended for an offense that occurs during the lunch period – off campus, and during, or while going to or from a school-sponsored activity.
  • What is the suspension process?

    When may a student be suspended?

    Suspension should be imposed only when other means of correcting behavior fail to bring about proper conduct by the student. Cal. Educ. Code §48900.5.

    When does the school notify the parent of a suspension?

    Once the decision to suspend a student is made, the school contacts the student’s parent or guardian to set up a meeting between the student, parent or guardian, and appropriate staff.

    Where is a suspension meeting held?

    The meeting is held on campus, and parents who are unable to come to the school can participate in the meeting over the phone. Cal. Educ. Code § 48910.

    In School Suspension (ISS)

    If a teacher places the student in ISS, the teacher must immediately report the suspension to the principal or the principal’s designee, and send the student to the principal for appropriate action. Due process conference: The teacher must also consult with the principal about a “due process” conference. This conference includes several steps:

    Step 1: Parent-Teacher Conference

    A teacher or principal will request a parent-teacher conference. The school counselor, psychologist, and principal may attend.

    Step 2: During Suspension

    The student is not allowed to return to class without the permission of the teacher or principal. The student will not be placed in another regular class. The principal will complete and distribute suspension forms.

    Step 3: After suspension

    A teacher may also refer a student for a formal suspension.

    Formal or Out of School Suspension

    The principal has the authority to discipline a student with formal or out of school suspension. In these cases, the principal may suspend a student from school for a maximum of 5 consecutive school days for any single action that the SDUSD considers to be a reason for suspension pursuant to California state law. Cal. Educ. Code §§ 48900 et seq., 48911.

    What Due Process is required in a formal suspension?

    It is important to note that students involved in the formal suspension process must be provided due process. The United States Supreme Court held in Goss v. Lopez, 419 U.S. 565 (1975), that students have a constitutional right to due process of  law in connection with the imposition of a short-term suspension from school. Specific procedures required by the Supreme Court as outlined in Goss are embodied in California law. Cal. Educ. Code §§ 48900 et seq.

    What is the Formal Suspension Process?

    Step 1: Suspension Recommendation

    Teacher recommends student for suspension with the principal.  The school may contact the police if the reason for recommendation of suspension requires police notification

    Step 2: Informal Conference

    The principal sets up an informal conference with the student and the teacher within 2 school days.  In an emergency situation a student may be suspended without an informal conference.

    Step 3: Determination of Suspension

    If the principal determines that a suspension is required, the student may be required to complete assignments during the suspension period.  If the principal determines that suspension is not required, the student returns to his or her regular class or is referred to an alternative program.

    Can the school contact the police?

    If the school contacts the police, a school police officer may be permitted to investigate the situation and possibly detain the student.

    What happens at the informal conference?

    The informal conference can be conducted in person at the school or over the phone.

    The principal informs the student of the reason for the disciplinary action and the evidence leading to the disciplinary action.

    The principal must give the student an opportunity to present his or her own evidence in defense.

    An informal conference may not be required if the student waives his or her right to the informal conference or is physically unable to attend. If the student is not physically able to attend the school must set up an informal conference as soon as the student is able to attend.

    What constitutes an emergency situation?

    An emergency situation creates a clear and present danger to the lives, safety or health of students or staff.

    What happens if a student is suspended without an informal conference?

    If a student is suspended without an informal conference, both the student and the parent or guardian must be notified of the student’s right to a conference and the student’s right to return to school for the purpose of that conference.

    If suspended: Any parent or guardian may specifically request class assignments or test during the suspension period.

    Cal. Educ. Code § 48911(c); SDUSD Admin. Proc. 6290.

    When is the offense entered into the Student’s Discipline History?

    Within 1 school day of the beginning of any out of school suspension, the suspension must be entered in the student’s discipline history. If applicable, the school also includes information about substance abuse intervention contracts. A “Substance Use Intervention Contract” is a form contract signed by both the student and the parent or guardian after the first and second offenses for possession and/or use of alcohol or other drugs. SDUSD Admin. Proc. 6298, Att. 1.

    What notice is provided to parents about the student’s suspension?

    In addition to updating the student’s discipline history, the school must mail a “Report on Suspension” notice to the parent or guardian. This notice includes information such as:

    • A statement of facts leading to the decision to suspend the student;
    • The date and time when the student will be allowed to return to school;
    • Information about the rights of the student or parent to request an appeal of the suspension;
    • Information about the rights of parents or guardians to have access to the student’s records;
    • A request that the parent or guardian meet with school officials on or before the third consecutive day of the suspension, at which time all matters related to the suspension are discussed.
    • A notice that state law requires parents or guardians to respond to these requests without delay. Cal. Educ. Code § 48911(f).

    Suspension Appeal Process

    During the required parent conference, information is provided to the student and parent or guardian about their right to appeal a suspension, along with information about the appeal process. All suspension appeals are handled by the district’s Placement and Appeal Office, which must follow several steps to complete the appeal process:

    1. To initiate an appeal, thestudent or parent or guardian must contact the Placement and Appeal Officein writing within 3 weeks of the date of the suspension.
    2. The Placement and AppealOffice then mails to the student or parent/guardian the “Request forSuspension Appeal” form with instructions to complete and return the formso that it is received no later than 3 weeks after the date of theprincipal’s decision to suspend.
    3. The Placement and AppealLegal Specialist will use information provided on that form to determinewhether or not the principal suspended the student properly and followedall applicable procedures. The Specialist will also consider the reasonsthe family feels the suspension was incorrect or inappropriate, and maycontact the family and/or school staff to clarify information.
    4. The Legal Specialist may make one of the following decisions regarding the suspension.
    •  
      • Uphold the suspension;
      • Uphold the suspension but clear the student’s record of the suspension at the end of the semester, if the student has no additional discipline problems in the district; or
      • Determine that the suspension was not within district guidelines, overturn the suspension, and order that all records and documents regarding the disciplinary proceeding be destroyed. No information regarding the suspension will be placed in the student’s permanent record, or shared with anyone not directly involved in the proceedings.

          5. The Legal Specialist will mail a copy of the decision to the student and/or parent within 5 days of issuing the decision. 

  • What is the expulsion process?

    Notice and a hearing

    Expulsion Recommendation: When a principal recommends expulsion for a student, that student is entitled to a hearing within 30 days. The student must receive written notice of an expulsion at least 10 days prior to the hearing. This notice must include the following information:

    • Date and place of the hearing;
    • The specific facts and charges upon which the proposed expulsion is based;
    • A copy of the district disciplinary rules which relate to the alleged violation;
    • Explanation of the right for the student or student’s parent or guardian to appear in person, or to obtain and be represented by an attorney;
    • Explanation of the right to inspect and obtain copies of all documents to be used at the hearing;
    • Explanation of the right to confront and question all witnesses who testify at the hearing and to question all other evidence presented; and
    • Explanation of the right to present evidence on the student’s behalf, including witnesses.

    A student is entitled to one postponement of an expulsion hearing. Once the hearing has started, however, it must be conducted without any unnecessary delay.

    What is the expulsion hearing process?

    Expulsion Review Panel: An Expulsion Review Panel conducts the hearing to consider the principal or the designee’s recommendation to expel a student.

    The panel is made up of at least 3 district-certificated staff members, usually:

    • counselors,
    • teachers,
    • vice principals, or
    • principals.

    District policy states that the panel members cannot be employed by the same school recommending the expulsion.

    The hearing is closed to the public unless the student or his or her parent or guardian submits a written request that the hearing be conducted in public.

    Hearings are tape-recorded and students have access to the written materials that are presented to the panel.

    At the end of the hearing, there are several different actions that may take place.

    If the Expulsion Review Panel decides against recommending expulsion, the proceedings are terminated, and the Placement and Appeal Office informs the parent or guardian of the panel’s decision. The panel’s decision not to recommend expulsion is final.

    After the parent or guardian is informed of the panel’s decision, he or she must then contact the school to arrange a meeting with the principal regarding subsequent placement for the student, which may include a return to the original classroom instructional program, another instructional program, a rehabilitation program, or a combination of these programs. 

    Placement in one or more of these programs shall be made by the Placement and Appeal Office after consultation with school district personnel, including the student’s teachers, and with the student’s parent/guardian.

    If the Expulsion Review Panel decides to recommend expulsion, the panel must also recommend a rehabilitation plan for the student.

    The rehabilitation plan may include a review and assessment at the time of the student’s application for readmission to school, as well as recommendations for counseling or other intervention support.

    The panel then submits both the evidence supporting the decision to recommend expulsion and the proposed rehabilitation plan to the Board of Education.

    After reviewing the recommendation for expulsion and the panel’s rehabilitation recommendations, the Board of Education will either support the recommendation and issue the order of expulsion, or the Board will reject the recommendation and suspend the expulsion order. If the Board chooses to suspend the expulsion order, the Board may still assign the student to a school, class or alternative education program considered appropriate under the panel’s rehabilitation plan.

    What if the student wants to waive his/her rights to a hearing and agree to the expulsion decision?

    Waiving the hearing: A parent or guardian may also elect to waive the student’s right to the hearing and agree to a stipulated decision.

    Agreeing to the decision: By agreeing to the stipulated decision, the parent or guardian admits that his or her child committed an act included in the reasons for expulsion provided by the principal or the principal’s designee and is being recommended for expulsion.

    Meeting with Placement and Appeal Counselor: As part of reaching a stipulated agreement, the student and parent or guardian meet with a Placement and Appeal Counselor, during which the student and parent or guardian review the evidence gathered in the investigation of the incident leading to the expulsion recommendation.

    During the meeting with the Placement and Appeal Counselor: At the time of the meeting, if the parent or guardian agrees to a stipulated decision, the student, parent or guardian, and the counselor must all initial and agree that:

    • They have been informed of and understand the right to due process with regard to the expulsion recommendation;
    • They have had the opportunity to review the reasons for the recommendation for expulsion and to discuss those reasons with district personnel; and
    • They agree to the facts as stated in the expulsion recommendation.

    As part of a stipulated agreement, the student’s parent or guardian waives a number of rights, including:

    • The right to an expulsion hearing;
    • All notices and timelines required by policy or law;
    • The right to be represented by an attorney at the expulsion hearing;
    • The right to inspect and have copies of the documents which would have been used at the hearing;
    • The right to confront and question all witnesses who would have testified at the hearing;
    • The right to question all written evidence presented;
    • The right to present witnesses and evidence on the student’s behalf; and
    • The right to appeal to the county Board of Education if the stipulated agreement for expulsion is approved by the Board of Education.

    A student’s parent or guardian can consult with an attorney about any stipulated agreement and requires that the Board of Education approve the executed stipulated agreement.

    Readmission process after expulsion expires

    When does an expulsion expire?

    An expulsion order remains in effect until the Board of Education orders readmission of the student. The duration of the expulsion order depends on the nature of the offense, but under no circumstances can an expulsion order last longer than 1 year from the date of expulsion. This date may or may not be the date of the offense that led to the expulsion recommendation.

    How does the readmission process begin?

    At the time of the Board’s expulsion order, the student and the parent or guardian receive a description of the Board’s readmission process. The Board initiates the readmission process before the end of the last semester of an expulsion, when the District’s Placement and Appeals Office contacts the student to determine whether the student has completed his or her rehabilitation plan and should be readmitted to the original school. District policy requires that the office consider the nature of the offense leading to the expulsion, and the health, safety, and welfare of all district students and staff. After completion of the readmission process, the Board of Education will readmit the student unless the Board determines that the student has not met the conditions of the rehabilitation plan or continues to pose a danger to others.

    If the Board of Education denies readmission of an expelled student, the Board must decide whether to continue the student’s placement in an alternative education program. The Board must provide written notice to the expelled student and the parent or guardian describing the reasons for denying the student readmission into the regular school district program.

    Expulsion appeal process

    Who deals with Expulsion appeal process?

    Following expulsion, the district’s Placement and Appeal Office will provide the student’s parent or guardian with contact information for the San Diego County Office of Education. This office handles expulsion appeals from all 42 school districts in the county.

    Parent must file formal appeal: A parent or guardian must file a formal appeal with the County Board of Education within 30 days from the date the expulsion was ordered by the Board of Education. A board decision to suspend an expulsion order does not affect the time period and requirements for filing an appeal of expulsion with the County Board of Education. 

  • What are the disciplinary processes for special education students?

    Suspension for Special Education Students

    How long may a special education student be suspended?

    A student with exceptional needs, or one who is eligible for services under Section 504 of the Rehabilitation Act may be suspended for up to 10 consecutive days, and up to 20 days total in a school year.

    When does the school arrange an Individualized Education Program (IEP) study team?

    When a student’s cumulative days of suspension in a school year approaches 10 school days, the school must arrange an IEP or instructional study team. At that time, the team must evaluate whether the suspensions constitute a pattern, whether the student’s disability caused the misconduct, and whether the student’s education placement is appropriate.

    What happens if the student poses an immediate threat?

    If a student poses an immediate threat to the safety of his or her person or to others, the school may suspend the student for up to, but not more than, 10 consecutive school days. Cal. Educ. Code § 48900.5. A suspension may exceed 10 consecutive days if the student is considered truly dangerous (i.e., that the student’s presence causes a danger to persons or property or threatens to disrupt the instructional process) and the student’s parent or guardian agrees to or a court orders a longer suspension.

    May a student be suspended be more than 10 days regardless of pattern, proximity and total amount of suspensions?

    Students may not be suspended for more than 10 days in a school year if the suspensions are considered a pattern due to the length of each suspension, the proximity of the suspensions to one another, and/or the total amount of time a student is removed.

    What is the Expulsion Process for Special Education Students?

    A student enrolled in a special education program may be expelled only after an IEP team has determined that the student’s conduct is not a manifestation of his or disability.

    When a principal  decides to recommend expulsion for a special education student, the principal must notify the student’s parent or guardian immediately. In addition, the principal must provide the procedural safeguards notice and inform the parent or guardian of his or her right to participate in the IEP team meeting.

    The IEP team meeting must occur within 10 school days of the decision to recommend expulsion, and the meeting must occur at a time and place that is convenient to both the parent or guardian and school personnel.

    A telephone conference may be substituted for the IEP team meeting.

    At the IEP team meeting, the team must consider all relevant information when reviewing the behavior which led to the expulsion recommendation decision. This relevant information may include, but is not limited to:

    • Evaluation and diagnostic results,
    • Observations of the student,
    • The student’s IEP and placement, and 
    • The behavioral intervention plan (if applicable).

    What is a Behavioral intervention plan?

    If a functional behavioral assessment or behavioral intervention plan was not conducted or implemented for the student before the behavior subject to expulsion occurred, then the IEP team must develop an assessment plan to address the expulsion behavior.

    When evaluating a recommendation for expulsion, what must the IEP team agree on?

    • Whether the student’s disability impaired his or her ability to control the behavior;
    • Whether the student’s IEP and placement are appropriate in relation to the behavior that resulted in the expulsion recommendation, and whether supplementary aids, services and behavior intervention strategies are consistent and appropriate as well; and
    • Whether the student’s disability impaired his or her ability to understand the impact and consequences of the behavior.

English Language Learners

  • Who is an English learner?

    Definition of English Language Learner: An English learner, also known as a limited English Proficient (“LEP”) student, is a student who does not speak English or whose native language is not English and who is not currently able to perform ordinary classroom work in English. Cal. Educ. Code § 306(a).

    English Language Learners with Disabilities: English learners with disabilities are also tested; however, they may use variations, accommodations, and/or modifications as specified in their individualized education programs (“IEP”) or Section 504 plans. For more information on allowable variations, accommodations, and modifications for special needs students, see the California Department of Education CELDT Resources Web page at http://www.cde.ca.gov/ta/tg/el/resources.asp.

    Notification to Title III parents: Section 3302 of Title III of the Elementary and Secondary Education Act (“ESEA”) requires school districts receiving Title III funds to inform parents of the reasons for their student’s identification as an English learner, and of the need for placement in the specified program. The notification to parents must occur within 30 days after the beginning of the school year or within 2 weeks of a student’s placement in a language instruction program after the school year has started. For English learners with an IEP, the school must also notify and explain to the parents or guardians how the recommended placement will help their children meet the objectives of the IEP. (http://www.cde.ca.gov/ta/tg/el/documents/celdt09qa.pdf) [1]

    In San Diego, an English Learner (“EL”) is a student with a language other than English indicated on the Home Language Survey (“HLS”) and who is determined, according to the California English Language Development Test (“CELDT”), to be less than fully proficient in English. SDUSD identifies, assesses, and reports all newly enrolled students who have a language other than English shown on their Home Language Survey.  

     


    [1] For more information on the interplay between the IEP and the CELDT, please see Section VII supra

  • What is the CELDT?

    School districts are required to give a state test of English proficiency to: (1) newly enrolled students whose primary language is not English, and (2) students who are English learners as an annual assessment called the California English Language Development Test (“CELDT”). Because it is a federal and state requirement, parents are not permitted to “opt out” of the CELDT. See Cal. Educ. Code § 313; No Child Left Behind Act, Title 1 § 111(b)(7), Title III, 2002.

    Newly enrolled students whose primary language is not English must take the test within 30 calendar days of enrolling in a California public school for the first time. Schools must also give the CELDT once each year to all English learners until they are reclassified as fluent English proficient based on the criteria of the local school board.

    The CELDT has 3 purposes:

    1.   To identify students who are limited English proficient;

    2.   To determine the level of English language proficiency of students who are limited English proficient; and

    3.   To assess the progress of limited English proficient students in acquiring the skills of listening, reading, speaking, and writing in English.

    All students (in kindergarten through 12th grade) whose primary language is not English, based on the Home Language Survey, take the CELDT within 30 calendar days after they are enrolled in a California public school for the first time.  The HLS is completed by the parents or guardians when they first register their child for school. 

    The CELDT is an untimed test given by test examiners who are employees of the school district, proficient in English, and have received formal CELDT training.  The CELDT is administered during Kindergarten through grade 12, and it tests the child’s proficiency in listening, speaking, reading and writing in the English language.  In the SDUSD, the English Learner Support Team administers the CELDT. 

    For student progress reports: Parents or guardians may contact their child’s teacher(s) and/or the school office to find out more about their student’s progress or the CELDT generally.  Parents or guardians may also contact the English Learner Support Team with questions regarding assessment, placement, documentation of EL placement and parental notification.  Finally, parents or guardians may also request a conference to review the CELDT results or attend one of the information meetings scheduled by the school or school district.  

  • What are the Instructional Programs for English Learners?

    Qualification for English language services: English learners qualify for enriched English instructional services until they are able to demonstrate full academic proficiency in English and are meeting or approaching grade level standards on core subject areas.

    Use of language in instructional programs: California law requires that students who are assessed and identified as ELs must be placed in an appropriate instructional program. Cal. Educ. Code § 305. Schools must place students in a program in which nearly all classroom instruction is in English but with a curriculum and presentation designed for children who are learning the language. Id. A parent or guardian may request a parental exception for the placement of their child in classes where English and other subjects are taught using bilingual education techniques or other generally recognized education methodologies permitted by law. See Cal. Educ. Code §§ 310-311.

    There are 5 states of English language proficiency ranging from very little English ability to nearly proficient in English. The levels are Beginning (“B”), Early Intermediate (“EI”), Intermediate (“I”), Early Advanced (“EA”), and Advanced (“A”).

    Instructional programs for ELs include Structured English Immersion (“SEI”), Mainstream English Cluster (“MEC”), and Biliteracy Program.

    Structured English Immersion (“SEI”)

    SEI is an enriched English program that is designed for English learners at the Beginning, Early Intermediate and Intermediate levels of English proficiency. In most cases, SEI program students are clustered and purposefully placed according to English language proficiency level in grade-level classrooms that include native and fluent speakers of English.  In these SEI “Clusters,” English learners typically make up about a 1/3 of the total students in the class.  In certain cases, an entire class may be comprised of English learners with similar proficiency levels, as long as they qualify for the SEI program.  SEI teachers provide daily English language development instruction using Specially Designed Academic Instruction in English (“SDAIE”) strategies.

    Mainstream English Cluster (“MEC”)

    The Mainstream English Cluster (MEC) program is for English learners at the higher range of English proficiency (Intermediate, Early Advanced, and Advanced).  Many English learners are simply continuing from an SEI program. English learner students are again clustered together in grade-level classrooms that include native and fluent English speakers. The daily English language development instruction targets high-level English academic skills, and SDAIE is provided in all core subject areas.

    Biliteracy Program

    SDUSD offers a biliteracy program at a number of schools.

    What is the Biliteracy Program?

    Students learn in both English (through SDAIE and English language development instruction) and their primary language, and maintain interaction with students enrolled in other programs. The primary language continues to be used at each grade level, while the percentage of daily instruction in English increases over time. 

    How are students grouped?

    English learners are sometimes grouped in full, grade-level biliteracy classrooms, or are sometimes grouped within grade-level SEI or MEC classrooms during English instruction.

    What is the parent consent process for this program?

    In order for students to participate in this program, parents or guardians must visit the school each year and sign a Parent Election Application (parental exception waiver) after being advised of the full scope of educational opportunities for their child.  Cal. Educ. Code §§ 310-311. 

    Parents of which students can apply for the Biliteracy Program?

    Parents or guardians of English learners belonging to any primary language group may apply, but classes are only established when a sufficient number of applications of the same language group and grade level are approved.

    When can parent exception waivers be denied?

    Parental exception waivers are granted unless the school principal and educational staff have determined that an alternative program would not be better suited for the student’s overall educational development. Cal. Code Regs., tit. 5 § 11309(b)(4) (2010).  If  a parental exception waiver is denied, parents or guardians must be informed in writing of the reason(s) for denial and advised of any procedures that exist to appeal the decision to the local board of education or their right to appeal to a court. A parent may also request that the State Board of Education (“SBE”) conduct a review of the district’s waiver procedure.

    Parents always have the right to address the district’s Board of Education about any issues of concern. Parents may also file a formal complaint under the district’s Uniform Complaint Procedures. Cal. Code Regs., tit. 5 § 11309(d) (2010).

    What are English Language Development Standards?

    The SDUSD English Language Development (“ELD”) standards contain all of the California ELD standards for each grade level in the areas of listening, speaking, reading and writing. These standards serve as a pathway for ELD instruction and Specifically Designed Academic Instruction in English (“SDAIE”), as English learners increase their English Language proficiency levels over time and ultimately are able to meet the California English Language Arts Content standards, an expectation for all students.  English learners should advance approximately 1 proficiency level per year until they qualify to be reclassified as FEP.

  • When are students reclassified as Formally English Proficient (FEP)?

    School districts are required to “continue to provide additional and appropriate educational services to English learners until they have demonstrated English-language skills comparable to that of the district’s average native English-language speakers and have recouped any academic deficits which may have been incurred in other areas of the core curriculum.Cal. Code Regs., tit. 5 § 11302 (2010). Services must continue until ELs meet objective reclassification criteria.  Cal. Educ. Code § 313.  This means that EL students must be provided with ELD and SDAIE, as needed, and/or primary language instruction until they are redesignated as FEP.

    What is reclassification?

    Reclassification is a local decision to be established by the local school board in accordance with state law. Cal. Educ. Code § 313. School districts must use individual CELDT results as 1 of 4 criteria when considering reclassifying English learners.  They must also consider the comparison of the student’s performance in basic skills against an empirically established range of performance in basic skills based on the performance of English-proficient students of the same age, teacher evaluation, parent or guardian opinion and consultation.  See id.

    How can a student be reclassified as an FEP?

    In the SDUSD, in order to exit from an EL program and be reclassified as FEP, ELs must meet the following criteria:

    (1) designation as Early Advanced or Advanced under the CELDT,

    (2) California Standards Test results demonstrating achievement of grade-level standards in English Language Arts,

    (3) teacher recommendation, and

    (4) parental approval. The district goal for all EL programs is for ELs to be reclassified within 5years of the time they first begin receiving instruction in English Language Development. 

    At any time, however, including during the school year, a parent may have his or her child moved into an English language mainstream classroom.  Cal. Code Regs., tit. 5 § 11301 (2010).  All a parent must do is request his or her child be placed in an English mainstream classroom.  Parents may request that their children be exempted from a specific instructional setting.  Cal. Code Regs., tit. 5 § 11301(b) (2010).  Districts still have an obligation, however, to ensure that students receive ELD and access to other core content areas from teachers who are qualified to provide such instruction.  See Castañeda v. Pickard, 648 F. 2d 989 (5th Cir. 1981).

    Districts receiving Title III funds are required under No Child Left Behind (NCLB) to monitor students for 2 years after reclassification.  No Child Left Behind § 31219(a)(4).  

  • What special measures must the district take if parents do not have English proficiency?

    Use of Written Translations: Whenever practicable, written translations of printed information must be provided to parents with limited English proficiency, and the translations must be in a language the parents understand. If written translations are not practicable, then it is practicable to provide information orally in a language that the limited English proficient parents understand.

    Taking “reasonable” steps: School districts are required to take all reasonable steps to make sure that all parents and guardians of students who speak a language other than English are informed of the rights and opportunities available to them.  Cal. Educ. Code §51101.1. 

    When 15%or more of the students enrolled in the school speak a single primary language other than English, all notices, reports, statements, or records sent by the school or district to the parent/guardian of any such pupil must, in addition to being written in English, be written in such primary language, and may be responded to by the parent or guardian in English or in the primary language. In addition, federal law requires that schools and districts provide information in an understandable format and, to the extent practicable, in a language that is understandable to the parent, regardless of the percentage of students who speak a language other than English.  See Cal. Educ. Code § 48985; No Child Left Behind §§ 1111(h)(6)(C) and 3302 (c).