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Annual Parent Notifications

Attendance Options/Permits – Education Code 48980(h)

The following information is a summary of the attendance alternatives available to parents/guardians and their student and is intended to provide an overview of the laws applying to each alternative.

Residency – EC 48200 and 48204

A minor between the ages of 6 and 18 years is subject to compulsory education and, unless exempted, must enroll in school in the school district in which the residence of either the parent or legal guardian is located.

A pupil may alternatively comply with the residency requirements for school attendance in a school district, if he or she is any of the following: placed in a foster home or licensed children’s institution within the boundaries of the school district pursuant to a commitment of placement under the Welfare and Institutions Code; an emancipated pupil who resides within the boundaries of the school district; a pupil who lives in the home of a caregiving adult that is located within the boundaries of the school district; or a pupil residing in a state hospital located within the boundaries of the school district.

A school district may also deem a pupil as having complied with the residency requirements for school attendance in the school district if one or both the parents or legal guardians of the pupil are employed within the boundaries of the school district.

Open Enrollment – Education Code 35160.5(b)

Residents of the School District may apply to other schools within the District for their child to attend on a space available basis. Information on each school within the District is provided on the District website. Transportation to any other school is the responsibility of the parent.

Interdistrict Attendance – Education Code 46600 et seq.

School districts may enter into agreements for the interdistrict transfer of one or more pupils for a period of up to five years. The agreement must specify the terms and conditions for granting or denying transfers. The parent or legal guardian of a pupil may seek release from the home district to attend a school in any other school district under this agreement.

District of Choice – Education Code 48300 et seq.

Some school districts may choose to become a district of choice, that is, a district that accepts transfer students from outside the district under the terms of a resolution. A school board that decides to become a district of choice must determine the number of transfers it is willing to accept and make sure that students are selected through a "random and unbiased" process, which generally means a lottery process. Students must request transfer into a district of choice by January 1 of the prior school year. A modified application process is available for relocated military personnel.

Availability of Prospectus – Education Code 49063 and 49091.14

Each school must annually compile a prospectus of the curriculum to include titles, descriptions and instructional goals for every course offered by the school. Each school site shall make its prospectus available for review upon request.

Career Counseling and Course Selection – Education Code 221.5(d)

Commencing in grade 7, school personnel shall assist pupils with course selection or career counseling, exploring the possibility of careers, or courses leading to careers based on the interest and ability of the pupil and not on the pupil’s gender. Parents or legal guardians are notified so that they may participate in such counseling sessions and decisions.

Child Abuse and Neglect Reporting – Penal Code 11164 et seq.

The Mountain View Whisman School District staff members are required by law to report cases of child abuse and neglect whenever staff have a reasonable suspicion. Staff may not investigate to confirm the suspicion. Both the staff name and the report itself are confidential and cannot be disclosed except to authorized agencies.

Child Find System – Education Code 56301

Each school district, special education local plan area (SELPA), or county office shall establish written policy and procedures for continuous child find system including children with disabilities who are migrant or homeless or wards of the state and children with disabilities attending private schools. Policy and procedures shall include written notification to all parents of their rights regarding identification, referral, assessment, instructional planning, implementation, review, and procedures for initiating referral for assessment.

Children with Diabetes

Through a cooperative agreement with the American Diabetes Association (ADA), the California Department of Education ensures that all California students who are classified as disabled because of diabetes will have access to legally required care during the school day. Under the agreement, each local education agency will manage the delivery of this care in the best possible way for those students whose Individualized Education Programs or 504 Plans require administration of insulin and related services during the school day. A Legal Advisory spells out who may administer insulin at a school, and it requires that the local education agency must provide training in diabetes management to a volunteer, non-licensed staff member in cases when a school nurse or other licensed professional is not available.

Confidential Medical Services – Education Code 46010.1

School authorities may excuse any pupil in grades 7-12 from the school for the purpose of obtaining confidential medical services without the consent of the pupil's parent or guardian. Notification of this code section is required; however, governing board implementation is permissive. In accordance with Mountain View Whisman School District Board Policy 5141.3, students being released for health care and emergency reasons must be checked out of the school through the school office by the parent/guardian or their designee. In addition, Mountain View Whisman School District Board Policy 5141.3 states that unemancipated minor students shall not be released from school for the purposes of obtaining confidential medical services without the consent of the student’s parent or guardian.

Dangerous Objects

Laser Pointer – Penal Code 417.27

It is a crime for any student to possess a laser pointer on any elementary or secondary school premise, unless the possession is for a valid instructional or other school-related purpose.

Imitation Firearm – Penal Codes 12550 and 12556

A BB device can be considered an imitation firearm. The Penal Code makes it a criminal offense to openly display or expose any imitation firearm in a public place, including a public school.

Disaster Preparedness Educational Materials – Education Code 32282.5

Each school has a disaster preparedness plan and conducts regular fire, earthquake and disaster drills. For a copy of your school’s plan, contact your principal.

The California Department of Education (CDE) is now required to electronically distribute disaster preparedness educational materials to school districts and county offices of education in, at least, the three most dominant primary languages spoken by English learners in California. Documents are posted on the CDE website at: http://www.cde.ca.gov/ls/ss/cp/pupilsafetyeducmat.asp.

Disruption in a Public School or Public School Meeting – Education Code 32210

Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500).

Dress Code – Education Code 35183

Schools may adopt and enforce a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits the wearing of “gang-related clothing” if it is determined that it is necessary for the health and safety of the school environment.

Entrance Health Screening – Health & Safety Codes 124085, 124100, 124105 and 120475

State law requires that the parent or legal guardian of each pupil provide the school documentary proof that the pupil has received a health screening examination by a doctor within 90 days after entrance to first grade. Pupils may be excluded up to 5 days from school for failing to comply or not providing a waiver. Free health screening is available through the local health department.

Family Educational Rights and Privacy Act (FERPA) The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their student's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification is left to the discretion of each school.

For additional information or technical assistance, you may call (202) 260-3887.

The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920

Free and Reduced-Price Meals – Education Code 49510 et seq.

Free or reduced-price lunches are available at school for pupils whose parents or legal guardians qualify, based on annual household income, and complete the required application form. Applications forms may be obtained at the school office.

Foster Youth Educational Placement – Education Code 48850 et seq.

All pupils in foster care are entitled to a meaningful opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. They shall be placed in the least restrictive educational programs and have access to the same academic resources, services, and extracurricular and enrichment activities that are available to all pupils. Each local educational agency is required to designate a foster care educational liaison. The liaison serves as an advocate for all foster youth that reside within his/her district, and ensures that every foster youth has a proper school placement, transfer of records, and immediate enrollment in school. School enrollment is not contingent upon receipt of a student’s academic or medical records. Because school stability is extremely important to a child living in foster care, a foster child is allowed to remain in his or her school of origin, even if the child’s home placement changes, for the duration of the school year. Students who do change schools during the school year are able to receive practical credit for coursework that is satisfactorily completed. If any dispute arises as to the school placement of a foster child, the student has the right to remain in his or her school of origin pending the resolution of the dispute. Each local educational agency is required to have a dispute resolution process in place that relates to the enrollment of foster youth within their school jurisdiction. The local liaison can assist parents or students in the dispute resolution process.

Harm or Destruction of Animals – Education Code 32255 et seq.

Any pupil with a moral objection to dissecting or otherwise harming or destroying an animal, or any part thereof, must inform his or her teacher of the objection. Objections must be substantiated by a note from the pupil’s parent or guardian.
A pupil who chooses to refrain from participation in an education project involving the harmful or destructive use of an animal may receive an alternative education project, if the teacher believes that an adequate alternative education project is possible. The teacher may work with the pupil to develop and agree upon an alternative education project so that the pupil may obtain the knowledge, information, or experience required by the course of study in question.

Homeless Youth Education – 42 United States Code 11432

Requires school district homeless liaisons to ensure parents of homeless pupils are informed of educational and related opportunities available to their children and are provided with meaningful opportunities to participate in education of their children.

The federal McKinney-Vento Homeless Assistance Act ensures educational rights and protections for children and youth experiencing homelessness. This includes children and youth who are living with a friend, relative or someone else because the family has lost their housing; children and youth staying in a motel or hotel due to lack of adequate alternative accommodations; children and youth living in an emergency or transitional shelter or a domestic violence shelter; and children and youth who are living in cars, parks, public spaces abandoned buildings, etc. It is the policy of Congress that students in homeless situations shall have access to the education and other services they need to ensure they have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.

Services provided to students identified as homeless include:

  • Every local education agency designates a staff person to act as the educational liaison for students in homeless situations.
  • Students have the option of remaining in their school of origin to the extent feasible or transferring to the local school in the current attendance area when moving to a different address or community. The parent/guardian determines which school is in the child’s best interest.
  • Students are immediately enrolled in school even if they do not have the documents required. The Liaison can request the necessary documents from previous schools or help to schedule required immunizations.
  • Students will be provided transportation to and from school at the parent’s request.
  • Students will be provided free/reduced lunch.
  • Students will be provided Title 1 services.
  • School districts will establish a dispute resolution process to resolve disagreements between parents and the district. Families living in homeless situations may contact the Liaison to help them put the disagreement into writing.

Grounds for Suspension and Expulsion – EC 48900

A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive:

(1) Caused, attempted to cause, or threatened to cause physical injury to another person; (2) Willfully used force or violence upon the person of another, except in self-defense.
(a) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(b) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(c) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(d) Committed or attempted to commit robbery or extortion.
(e) Caused or attempted to cause damage to school property or private property.
(f) Stolen or attempted to steal school property or private property.
(g) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products.
(h) Committed an obscene act or engaged in habitual profanity or vulgarity.
(i) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(j) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(k) Knowingly received stolen school property or private property.
(l) Possessed an imitation firearm. As used in this section, "imitation firearm" means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(m) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(n) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(o) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(p) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, "hazing" means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, "hazing" does not include athletic events or school-sanctioned events.
(q) Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.
(r) A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school sponsored activity.
(s) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(t) As used in this section, "school property" includes, but is not limited to, electronic files and databases.
(u) A superintendent of the school district or principal may use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this section.
(v) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.

Immunizations – Education Code 49403 and 48216, Health & Safety Codes 120335, 120365 and 120370

Unless a pupil’s parent or legal guardian provides the school with an acceptable signed waiver, a pupil must be immunized against certain communicable diseases. Students are prohibited from attending school until the immunization requirements are met. MVWSD shall cooperate with local health officials in measures necessary for the prevention and control of communicable diseases in school age children. The district may use any funds, property, or personnel and may permit any person licensed as a physician or registered nurse to administer an immunizing agent to any student whose parents have consented in writing.

Instruction for Pupils with Temporary Disabilities – Education Code 48206.3, 48207 and 48208

A pupil with a temporary disability which makes attendance in the regular day classes or the alternative educational program in which the pupil is enrolled impossible or inadvisable may receive individualized instruction provided in the pupil’s home for one hour a day.

A pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, may be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.

It is the responsibility of the parent or guardian to notify the school district in which the hospital or other residential health facility is located of the presence of a pupil with a temporary disability. Upon receipt of the notification, the district will within five working days determine whether the pupil will be able to receive individualized instruction pursuant to EC 48206.3 and, if so, provide the instruction within five working days or less.

Medical or Hospital Service – Education Code 49472

Services Not Provided

The MVWSD does not provide or make available medical and hospital services for pupils who are injured in accidents related to school activity or attendance.

Services Provided

The Mountain View Whisman School District may provide or make available medical or hospital service through nonprofit membership corporations, defraying the cost of medical or hospital service, or through group, blanket or individual policies of accident insurance or through policies of liability insurance for injuries to pupils arising out of accidents related to school activity or attendance. No pupil is required to accept such service without the consent of his/her parent or legal guardian.

Medication Regimen – Education Code 49480

The parent or legal guardian of any pupil taking medication on a regular basis must inform the school nurse or of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the medication on the pupil.

Administration of Prescribed Medication for Pupils – EC 49423 and 49423.1

Any pupil who is required to take medication during the regular school day prescribed by a physician or surgeon, may be assisted by the school nurse or other designated school personnel or may carry and self-administer auto-injectible epinephrine or inhaled asthma medication if the school district receives a written statement of instructions from the physician detailing the method, amount and time schedules by which such medication is to be taken.

Megan’s Law – Penal Code 290 et seq.

Information about registered sex offenders in California can be found on the California Department of Justice's website, http://meganslaw.ca.gov/. The website also provides information on how to protect yourself and your family, facts about sex offenders, frequently asked questions, and sex offender registration requirements in California.

Minimum and Pupil-Free Staff Development Days – Education Code 48980(c)

Parents and guardians of all pupils are to be informed of the schedule of minimum days and pupil-free staff development days. If minimum or pupil-free staff development days are scheduled after the start of the school year, the school will notify parents and guardians of affected pupils as early as possible, but not later than one month prior to the scheduled day.

Missing Children – Education Code 49370

It is required that specified persons, including school teachers, administrators, aides, playground workers and bus drivers, report missing children to a law enforcement agency in a timely manner.

Nondiscrimination Statement – Education Code 200 et seq.

The Mountain View Whisman School District is committed to equal opportunity for all individuals in education. MVWSD programs and activities shall be free from discrimination based on gender, sex, race, color, religion, ancestry, national origin, ethnic group identification, physical or mental disability, sexual orientation, marital or parental status, or the perception of one or more of such characteristics. MVWSD assures that lack of English language skills will not be a barrier to admission or participation in MVWSD programs. Complaints of unlawful discrimination are investigated through the Uniform Complaint Process. Such complaints must be filed no later than six months after knowledge of the alleged discrimination was first obtained.

For a complaint form or additional information, contact:

MVWSD Administrative Services
Assistant Superintendent
750-A San Pierre Way, Mountain View, CA 94043
(650) 526-3500, ext. 1072

Notice of Alternative Schools – Education Code 58501

California state law authorizes all school districts to provide for alternative schools. Education Code 58500 defines alternative school as a school or separate class group within a school which is operated in a manner designed to:
(a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy.
(b) Recognize that the best learning takes place when the student learns because of his/her desire to learn.
(c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his/her own time to follow his/her own interests. These interests may be conceived by him/her totally and independently or may result in whole or in part from a presentation by his/her teachers of choices of learning projects.
(d) Maximize the opportunity for teachers, parents, and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process.
(e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including, but not limited to, the community in which the school is located.

In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this district, and the principal’s office in each attendance unit have copies of the law available for your information. This law particularly authorizes interested persons to request the governing board of the district to establish alternative school programs in each district.

Oral Health Assessment – Education Code 49452.8

Record of a dental assessment done by a dental professional is required for all kindergarteners and first graders attending public school for the first time. Dental assessments must be completed in the 12 months prior to entry or by May 31st of the pupil’s first school year.

Pesticide Products – Education Code 17612

To obtain a copy of all pesticide products and expected use at MVWSD school facilities during the year, please visit the Facilities section of www.mvwsd.org. This notice will identify the active ingredient(s) in each pesticide product and a website address on pesticide use and reduction. To register for notification of pesticide use by District site, click here.

Physical Examination – Education Code 49451

A parent or guardian may file annually with the school principal a written statement, signed by the parent or legal guardian, withholding consent to a physical examination of the pupil. However, whenever there is good reason to believe that the pupil is suffering from a recognized contagious or infectious disease, the pupil shall be sent home and shall not be permitted to return until school authorities are satisfied that the contagious or infectious disease no longer exists.

Property Damage – Education Code 48904

Parents or guardians may be held financially liable if their child willfully damages school property or fails to return school property loaned to the child. The school may further withhold the grades, diploma, and transcript of the pupil until restitution is paid.

Pupil Records – Education Code 49063 and 49069, Title 34 Code of Federal Regulations 99.7, 20 United States Code 1232g

A cumulative record, whether recorded by handwriting, print, tapes, film, microfilm or other means, must be maintained on the history of a pupil’s development and educational progress. MVWSD will protect the privacy of such records. Parents/guardians have the right to 1) inspect and review the student’s educational record maintained by the school, 2) request that a school correct records which they believe to be inaccurate or misleading, and 3) have some control over the disclosure of information from educational records. School officials with legitimate educational interests may access student records without parental consent as long as the official needs to review the records in order to fulfill his/her professional responsibility. Upon request from officials of another school district in which a student seeks or intends to enroll, MVWSD shall disclose educational records without parental consent.

Parents’ request to access their student’s educational records must be submitted in a written form to the school principal and the school will have five (5) business days from the day of receipt of the request to provide access to the records. Copies of student records are available to parents for a fee of no more than 10 cents per page.

Any challenge to school records must be submitted in writing to the school principal. A parent challenging school records must show that the records are 1) inaccurate, 2) an unsubstantiated personal conclusion or inference, 3) a conclusion or inference outside the observer’s area of competence, 4) not based on the personal observation of a named person with the time and place of the observation noted, 5) misleading, or 6) in violation of the privacy or other rights of the student.

Parents have the right to file a complaint with the United States Department of Education concerning an alleged failure by the District to comply with the provisions of the United States Family Educational Rights and Privacy Act (FERPA) by writing to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., SW, Washington, D.C. 20202-5920

School Bus Safety – Education Code 39831.5

All pupils in pre-kindergarten, kindergarten and grades 1 to 6, shall receive written information on school bus safety (i.e., a list of school bus stops near each pupil’s home, general rules of conduct at school bus loading zones, red light crossing instructions, school bus danger zone, and walking to and from school bus stops). Prior to departure on a school activity trip, all pupils riding on a school bus or school activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit.

School Rules – Education Code 35291

The MVWSD may notify the parent or guardian of all pupils registered in MVWSD schools of the availability of rules pertaining to student discipline.

School Safety Plan – Education Code 32280 et seq.

Each Mountain View Whisman School District school site has a School Safety Plan, which includes a comprehensive disaster preparedness plan. Copies are available to read at each school office.

School Visiting Procedures – Education Code 51101(a)(12) and Penal Code 627.6

Parents and guardians of students enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children, to be informed in advance about school rules, including procedures for visiting the school.

PC 627.6: Requires schools to post at every entrance a notice setting forth the visitor registration requirements, hours during which registration is required, the registration location, the route to take to that location, and the penalties for violation of registration requirements. Administration has the authority to direct non-students to leave campus. No outsider shall enter or remain on school grounds during school hours without having registered with the principal or designee, except to proceed expeditiously to the school office for the purpose of registering.

Sex and HIV/AIDS Education – Education Code 51938

The purpose of the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act (Education Codes 51930 through 51939) is to provide every student with the knowledge and skills necessary to protect their sexual and reproductive health from unintended pregnancy and sexually transmitted diseases.

The Mountain View Whisman School District will provide instruction in comprehensive sexual health education, HIV/AIDS prevention education, and/or will conduct assessments on pupil health behaviors and risks in the coming school year.

Parents or guardians may:

1. Inspect the written and audiovisual educational materials used in the comprehensive sexual health and HIV/AIDS prevention education
2. Request in writing that their child not receive comprehensive sexual health or HIV/AIDS prevention education
3. Request a copy of Education Codes 51930 through 51939
4. Be informed whether the comprehensive sexual health or HIV/AIDS prevention education will be taught by district personnel or outside consultants
5. When the district chooses to use outside consultants or to hold an assembly with guest speakers to teach comprehensive sexual health or HIV/AIDS prevention education, to be informed of:
a. The date of the instruction
b. The name of the organization or affiliation of each guest speaker

The Mountain View Whisman School District may administer to students in grades 7 through 12 anonymous, voluntary, and confidential research and evaluation instruments, including tests and surveys, containing age-appropriate questions about their attitudes or practices relating to sex. Prior to administering such a research and evaluation instrument, parents/guardians shall be provided written notice of the administration. Parents/guardians shall be given an opportunity to review the research instrument and to request in writing that their child not participate.

Sexual Harassment – Education Code 48980(g)

It is the policy of the Mountain View Whisman School District and the Board of Trustees to maintain a learning and working environment which is free from sexual harassment. Sexual harassment is a form of sex discrimination under Title IX of the Education Amendments of the Civil Rights Act of 1972 and is prohibited by both Federal and State law. Therefore, the Mountain View Whisman School District Board of Trustees prohibits sexual harassment in all schools and facilities within the organization. MVWSD regards sexual harassment as improper, immoral, illegal, and such actions will not be tolerated. This policy is implemented to inform staff and parents about what sexual harassment is and the procedures which will be followed by MVWSD upon receipt of sexual harassment allegations.

The MVWSD sexual harassment policy is intended as a preventive measure to protect against sexual harassment before it occurs. The term “sexual harassment” is intended to mean sexual harassment in the broadest meaning of that term in current popular as well as legal usage. Sexual harassment is deliberate and/or repeated sexual or sex-based behavior that is not welcome and is not requested.

The California Education Code specifies that a pupil may be suspended from school or recommended for expulsion if the superintendent or principal of the school in which the pupil is enrolled determines that the pupil has committed sexual harassment. The MVWSD’s educational programs may suspend and/or refer pupils back to their local school district. This policy shall not apply to pupils enrolled in kindergarten and grades one to three.

A. For purposes of this policy, the conduct must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive as to create an intimidating, hostile, or offensive educational environment or to have a negative impact upon the individual’s academic performance.
B. Teachers and other school personnel shall discuss this policy with students in age-appropriate ways and will assure students that they need not endure any form of sexual harassment.
C. Any student who feels that he/she has been the victim of sexual harassment by an employee, student or volunteer of MVWSD as defined in this policy and administrative regulations shall immediately report the matter to any school official of the school of attendance. The person receiving the complaint shall immediately report the matter to a school administrator, and an investigation into the complaint will begin.
D. Any staff member who has knowledge of conduct of MVWSD employees, volunteers, students, or other individuals of the school community which may constitute sexual harassment, is expected to report immediately such conduct to an administrator of the school at which the student is in attendance.
E. Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned. All complaints will be taken seriously and confidentiality will be maintained as appropriate. There shall be no retaliation in any form against any complainant or participant in the complaint process.
F. All employees and pupils shall be notified of this Board Policy on a regular basis.
G. To promote an environment free of sexual harassment, the school administrator or designee shall provide staff training and ensure student notification.

An appeal of a MVWSD decision may be made in court through civil law remedies. Complainants should consult an attorney for more information.
Contact the school principal if you have any questions or would like additional information.

Student Conduct – Education Code 51100

Duties of Pupils – 5 CCR 300

Pupils shall conform to school regulations, obey all directions, be diligent in study and respectful to teachers and others in authority, and refrain from the use of profane and vulgar language.

Jurisdiction – EC 44807

Teaching staff shall hold pupils to strict account for their conduct on the way to and from school, on the playgrounds, or during recess.

Mandatory Expulsion Violations – EC 48915

Schools shall immediately suspend and recommend expulsion for students that commit any of the following acts at school or at a school activity off school grounds:

1. Possessing, selling, or otherwise furnishing a firearm.
2. Brandishing a knife at another person.
3. Unlawfully selling a controlled substance.
4. Committing or attempting to commit a sexual assault.
5. Possession of an explosive.

The school board shall order the student expelled upon finding that the student committed the act.

Sunscreen and Sun-Protective Clothing – Education Code 35183.5

Each school site shall allow for outdoor use during the school day, articles of sun-protective clothing, including but not limited to hats. Pupils may use sunscreen during the school day without a physician's note or prescription.

Surveys – Education Code 51513

Anonymous, voluntary and confidential research and evaluation tools to measure student’s health behaviors and risks, including tests, questionnaires, and surveys containing age-appropriate questions about the student’s attitudes and practices relating to sex, family life, morality, and religion may be administered to students if the parent is notified in writing that 1) this test, questionnaire, or survey is to be administered, 2) the student’s parent is given the opportunity to review the test, questionnaire, or survey, and 3) the parent consents in writing.

Tobacco-Free Campus – Health and Safety Code Sections 104420 and 104495

In accordance with state and federal law, smoking is prohibited in all MVWSD facilities and vehicles.

All school districts and county offices of education that receive Tobacco Use Prevention (TUPE) funds are required to adopt and enforce a tobacco-free campus policy, to communicate this policy to school staff, parents, pupils and community, and to post signs stating “Tobacco Use Prohibited” at all entrances to the school.

Under Health and Safety Code Section 104495, smoking or use of any tobacco-related products and disposal of any tobacco-related waste within 25 feet of a school playground is prohibited, except on a public sidewalk located within 25 feet of the playground.

Uniform Complaint Policy and Procedure – Title 5, California Code of Regulations 4622, and Education Code 32289

The Mountain View Whisman School District has established Uniform Complaint Procedures to resolve alleged acts of discrimination on the basis of age, sex, sexual orientation, ethnic group identification, race, national origin, religion, color, or physical or mental disability, which apply to all state and federally funded programs. Uniform complaint procedures shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in adult education, consolidated categorical aid programs, migrant education, vocational education, child care and developmental programs, child nutrition programs and special education programs. A complaint must be filed no later than six months from the date the complainant first obtains knowledge of the concern. These uniform procedures require the complainant to submit a written complaint to the Associate

Superintendent, Administrative Services, who will coordinate an investigation and response within 60 days of receipt of the written complaint, unless the complainant agrees in writing to extend the time line. A complainant may appeal MVWSD’s decision to the California Department of Education (CDE) by filing a written appeal within 15 days after receiving MVWSD’s decision. The CDE may directly intervene in the complaint without waiting for action by MVWSD when one of the conditions listed in 5 CCR 4650 exists, including cases in which MVWSD has not taken action within 60 days of the date the complaint was filed. If MVWSD is found to have violated a State or Federal law and/or regulation, and does not take corrective action to comply, then various civil remedies may be available. Contact the Santa Clara County Office of Education Chief Schools Officer, Student Services Branch, at (408) 453-6560 for additional information or assistance.

Victim of a Violent Crime – 20 United States Code 7912a

A student who becomes a victim of a violent criminal offense while in or on the grounds of a school that the student attends, has the right to transfer to another school within the district. The District has 14 calendar days to offer students the option to transfer. For more information, please contact the Assistant Superintendent, Administrative Services, (650) 526-3500, ext. 1072.

Walking or Riding a Bike to School – Vehicle Code 21212

No person under 18 years of age may operate a bicycle, non-motorized scooter, skateboard or wear in-line or roller skates, nor ride as a passenger upon a bicycle, non-motorized scooter, or skateboard upon a street, bikeway, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets specified standards.

Williams Complaint Policy and Procedure – Education Code 35186

Every school must provide sufficient textbooks and instructional materials. Every student, including English learners, must have textbooks or instructional materials, or both, to use at home or after school. School facilities must be clean, safe, and maintained in good repair. There should be no teacher vacancies or misassignments. If a school is found to have deficiencies in these areas, and the school does not take corrective action, a complaint form may be obtained at the Mountain View Whisman School District Office, Educational Services Department. Parents, students, teachers or any member of the public may submit a complaint regarding these issues. However, it is highly encouraged that individuals express their concerns to the school principal before completing the complaint forms to allow the school to respond to these concerns.

Asbestos Hazard Emergency Response Act / Code of Federal Regulations (CFR) Title 40

In 1987, the Asbestos Hazard Emergency Response Act (AHERA) was signed into law by President Reagan. Since the enactment of AHERA, all schools nationwide are required to take comprehensive action relative to asbestos in their buildings. These actions include inspections by Environmental Protection Agency (EPA) accredited inspectors, the assessment of condition, abatement, and posting of warning labels.

The Mountain View Whisman School District has taken an aggressive step toward the protection of human health in the implementation of its AHERA Compliance Program. The Program, designed by University Associates, Ltd., updated by HMS, Inc., and put into action by the District, exceeds the requirements of AHERA.

If you are interested in reviewing the Management Plan for your local school, please contact the principal during the school year. If you have any questions after reviewing the Plan, please contact Jim McCloskey at 650-526-3587.

Book Loan Agreement

All books will be checked out using the library computer system. For everyone to benefit from the library’s resources, it is important that all books are returned on time and in good condition. Library books are loaned for a period of two (2) weeks and can be renewed weekly if necessary. Please help your student with the following items:

1) Encourage your student to find a good, well-lit place to read and study.
2) Remind your student to have clean hands when handling books, to use a bookmark, and to turn pages from the upper right-hand corner.
3) Help your student to find a place for his/her books that is out of reach of pets or little siblings.
4) Remind your student to return library books on time.
5) Send damaged books to school for repair. Please do not attempt to mend school books at home.
6) Instruct your student to carry his/her books in a backpack.

All textbooks that are sent home with students at the beginning of the school year will be collected in June. The following is a list of charges for LOST or DAMAGED books. Please make every effort to find the book rather than having to pay for it.

  • Paperback books: $5.00 - $10.00
  • Hardcover books: $15.00 - $30.00
  • Textbooks: $40.00 - $75.00

I want to support my student’s success at school and agree to have him/her handle all books in an appropriate manner. I understand that I am responsible for charges for any lost or damaged books. I also understand that if my student has any books overdue or lost, he/she will be blocked from checking out additional books until the missing book is returned or paid for.

Directory Information Release

Directory information means contact information that is on file for a student. Contact information is the following information: student name, student address, and student phone number.

For the school year, the Mountain View Whisman School District appreciates the opportunity to communicate with you and we take your privacy seriously. The district, under strict privacy policies, would like to release the above student information to the following organizations: Parent-Teacher Association (PTA); School Site Council (SSC); Mountain View Educational Foundation (MVEF); and Mountain View Los Altos Union High School District (MVLAUHSD).

Healthy Schools Act Policy-AB 2260

It is the policy of the Mountain View Whisman School District to implement the Healthy Schools Act (AB 2260) policies and procedures to control structural and landscape pests/weeds and minimize exposure of children, faculty, and staff to pesticides/herbicides.

Pests

It is the policy of the MVWSD to control pests in the school environment. Pests such as cockroaches, fleas, fire ants, stinging wasps, termites and rodents are annoying and can disrupt the learning environment in schools. Pests are known to bite, sting, or transmit diseases, and may also cause allergic responses.

Pesticides/Herbicides

It is the policy of the MVWSD to reduce exposure to pesticides and herbicides in the school environment. When pesticides or herbicides are used to control pests and weeds in schools, there is a potential for human exposure. Excessive exposure may result in pesticide/herbicide poisoning or allergic responses to sensitive individuals. Children may be more susceptible to pesticides than adults due to their smaller size and rapid growth and development.

AB 2260, the Healthy Schools Act of 2000

• Non-chemical prevention of pests and weeds population is always preferred using such methods as sanitation, exclusion, and cultural practices.
• The selection and use of the least hazardous methods and materials effective for the control of targeted pests and weeds will be implemented.
• Precision targeting of pesticides and herbicides to areas not contacted by or accessible to the children, faculty, and staff will be implemented.
• Application of pesticides/herbicides will only be used “as needed” to correct verified problems.
• All parents and staff will be notified annually in writing of the anticipated pesticide/herbicide products and applications to be regularly used throughout the school year. Parents may request in writing a separate written notice for each pesticide/herbicide application 72 (seventy-two) hours prior to the anticipated application.
• Warning signs will be posted at all entrances to the School District property 24 (twenty-four) hours prior to regular pesticide/herbicide applications and will remain posted for 72 (seventy-two) hours after the application.
• Active ingredients of all pesticides/herbicides used by the school district and/or copies of AB 2260 may be obtained by written request to the District Coordinator, Jim McCloskey, at 650-526-3587, or by contacting the California Department of Pesticide Regulation website: www.cdpr.ca.gov.
• In the event of an “emergency” application of a pesticide to control a specific and documented problem, signs will be posted immediately and remain posted for 72 (seventy-two) hours following the application procedure.

Success

The success of the Healthy Schools Act (AB 2260) in schools is dependent upon:

  • The full cooperation of administrators, faculty, maintenance/custodial staff, parents, students, and the community.
  • The establishment of a District-wide coordinator and advisory committee, the Health and Safety committee.
  • Each school designating a staff member to coordinate the Healthy Schools Act and ensuring maintenance pest management records.

The Mountain View Whisman School District invites questions, concerns, and suggestions from our parents, community members, students, and staff. All comments addressing the above-noted policy should be addressed to Jim McCloskey at 650-526-3587.

Human Growth and Development for Middle School Students

The district includes human growth and development in the sixth through eighth grade science classes. Lessons will include: the reproductive system as one of the body's systems; physical and chemical changes associated with puberty; hygiene; general wellness; decision-making; respect for one's own body; refusal skills; and sexually transmitted diseases.

In the Mountain View Whisman School District, the district teachers will teach the unit and provide a caring and safe classroom environment during this important unit. Throughout its presentation, students will be encouraged to discuss class information with parents and ask questions.

Please contact the District Office at 526-3549 if you would like to preview the human growth and development material.

Media Release

Mountain View Whisman School District is proud of the work of its students and may wish to showcase them and their work on District or school web pages and/or District social media. The District or schools may wish to highlight individual or group achievement and may wish to accompany such acknowledgement with a student picture. Student home addresses, full name, and home phone numbers will NEVER be posted on MVWSD web pages or social media.

Throughout the school year, staff members or members of the media may come to our classroom or to school events to photograph students for district publication, video, displays, websites, social media news stories or other such purposes. Your child may also appear in a photograph, video, have his/her voice recorded for radio, or have his/her name in a news article.

Mountain View Whisman School District does not have control over photos taken by parents, the news media, or other members of the public who take photos at school events.

Parents may indicate their permission/non-permission for students' media release during the annual enrollment process.

Parent's Guide to Emergency School Evacuation

In the event that the school is closed prematurely (at the discretion of the Superintendent), due to an emergency such as a large fire, earthquake, power failure, chemical spill, etc., parents must be aware that the following procedures will be followed for the safety of all:

1. No student will be released from school unless a parent (or authorized adult designated by the parent) comes for that student.

2. No student will be bussed home from school, unless it has been established that the parent or a responsible adult is at home to receive the student.

3. No child will be allowed to leave with another person (even a babysitter, relative, or neighbor) unless the school has written permission on file, or that person is listed on the student’s emergency record in the school files. Because of this, it is imperative that your child’s records are up-to-date. Please take time to ensure that they are.

4. All parents or authorized adults who come to the school for their children must sign them out.

5. Parents or authorized adults should bring picture I.D. and be prepared to show it. This may seem like a nuisance, but it is important for your child’s safety. Please stay calm and cooperative for the protection of all staff and students on site.

6. The school is prepared to care for your children in the event that you cannot be notified or are unable to respond to the school. We have several staff members trained to administer first-aid and have set up an infrastructure to deal with emergencies. If necessary, we will set up temporary shelter or relocate the students to another facility.

7. Do not phone the school (including teachers, secretaries, principal, or staff members). The school must have all telephone lines open for out-going emergency calls.

8. If you normally drive to the school, please park away from the school grounds and walk in. If you live within walking distance, leave your car at home.

9. Do not interfere with the staff. Each teacher or staff member has been assigned an Incident Response role, and is responsible to carrying out his/her emergency duties. In some cases, your child’s teacher may have much larger responsibilities than monitoring his/her classroom. (If this is the case, other staff members are assigned to assume the roles of these teachers.)

10. If you have first aid or emergency skills, trade skills, or child supervisory skills and wish to volunteer, you need to check in with Incident Commander (usually the principal) at your school first. Please do not assume a roll that has not been assigned to you.

Short-Term Independent Study (ISP) Contract

What is an ISP Contract?

One of the district's goals is student achievement. In order for everyone to reach this goal, students must have regular, daily attendance (except during illness). And although the district wants your student to have regular, daily attendance, we do understand that there are times when that is not possible.

In order to not have complete disruption of the student's education, there is an optional form of education and that is called a Short-Term Independent Study (ISP) Contract. An ISP Contract can be used, for example, vacations.

The ISP Contract is approved at the discretion of the site principal and/or the attendance coordinator. An ISP Contract must be requested at least one week prior to the student's absence. An ISP Contract is a minimum of 5 consecutive school days and a maximum of 15 consecutive school days. The homework is due upon the student's return to school. To request an ISP Contract, please go to the school secretary and do so. Please do not put the request into the teacher; go to the school office.

Student Attendance Review Board (SARB)

What is California Compulsory Education Law (California Education Code 48200)?

California Compulsory Education Law requires everyone between the ages of 6 and 18 years of age to attend school. Some students (parents/guardians), however, violate compulsory education laws and have a pattern of unexcused absences. Although truancy and excessive absenteeism are not new problems, they cause costly, long-term problems for the students, school, and the community. Education Code 48321 was enacted to provide several organizational structures, such as SARB, at the local and county level to create a safety net for students with attendance and/or behavior problems. Although the goal of SARB is to keep students in school and provide them with a meaningful educational experience, SARBs do have the power, when necessary, to refer students and their parents/guardians to court.

What is Student Attendance Review Board (SARB)?

SARB is composed of reps from various agencies in order to help truant or recalcitrant students and their parents/guardians to solve school attendance and/or behavior problems through the use of available school and community resources.

Truancy Notification Letters

Student attendance within the Mountain View Whisman School District is monitored weekly by the Student Services Department.

When a student begins to show signs of poor attendance (excessive excused absences or three or more unexcused absences and/or tardies), the district is legally obligated to notifying the parent/guardian through letters that there are signs of poor attendance.

If the poor attendance continues, a second and third notification letter will be mailed and a meeting with the principal will be set. The principal, parent/guardian, and student will meet to sign an Attendance Contract.

If the poor attendance continues beyond the Attendance Contract is signed a fourth notification letter will be mailed and the parent/guardian and student will then need to attend a SARB Hearing at the Mountain View Police Department.

If the poor attendance continues after the recommendations set forth by the SARB Hearing Panel Members, then the case will be referred to the District Attorney's Truancy Division for prosecution and/or fines.

Student Medication at School

In compliance with the California Education Code Section 49423, the requirements for dispensing student medication in the Mountain View Whisman School District are as follows:

1. Permission and Instruction to Administer Medication at School Form must be completed by the parent/guardian AND THE CHILD'S PHYSICIAN. A new form is needed each school year.
2. Medication must be brought to the school office by the parent/guardian and registered with the nurse or secretary.
3. The school must have the medication in the original prescription container, listing the date, the
name of the physician, the name of the student, and the instructions for administering the medication. If medication needs to be taken at home and school, have the pharmacy divide the medication into two bottles.
4. Medication should never be sent to school in a bag, an envelope, a tissue or any other wrapping.
5. Students will not be administered non-prescription medication of any kind (over-the-counter drugs) at school without a Student Medication Form. This includes Tylenol, cold tablets, allergy pills, eye drops, etc. If a student requires such medication, a Permission and Instruction to Administer Medication at School Form must be completed by the parent/guardian and the child's physician. The non-prescription medications must come in a new, sealed bottle and labeled with the student's name.
6. If medication is to be given 3 times a day, it is recommended that a dose be given at home before school, a dose upon arriving home and a dose at bedtime, if this meets with the physician's approval.
7. All medications are to be administered in the school office, and recorded by school personnel. Parents/guardians should instruct students on the importance of reporting to the school office at the appropriate time to take their medication.

If you have further questions regarding dispensation of medications or other medical concerns, please contact your child's school secretary or nurse.

Student Promotion/Retention-AB 1626 and AB 1629

Will my child be promoted to the next grade?

An elementary parent’s guide to understanding the new laws affecting student promotion

What is social promotion and why is there a problem?

California has been addressing the issue of student accountability for the past several years. Too many students are not successful in middle school and high school because their reading, math, and language arts skills are not sufficient to allow them to complete class work satisfactorily. The students have not mastered grade level standards. Some students were socially promoted from one grade level to the next, as teachers and parents hoped that with a little more time the student would learn the necessary grade level standards. Unfortunately, this did not always happen. Students often fell further and further behind. Even when students showed growth, some remained below grade level. New laws now require all school districts to address these serious issues of students’ not meeting grade level standards.

Why did the problem occur?

There are several common reasons a student may not learn grade level standards. One or more of these may apply to your child:
• The student has been moved from school to school frequently or may have very poor attendance.
• The student entered kindergarten with very few skills that prepare a child for learning. For example he/she could not recognize or name shapes, colors, or numbers.
• The student does not understand English well enough to demonstrate required grade level skills in English.
• The student has a learning problem that has not yet been identified or adequately addressed.
• The student needs additional help from home and school.

What will be done about the problem?

Growing concerns about students not meeting grade level standards resulted in newly enacted laws that require school districts to retain, or hold back, students. The purpose of retaining students is to provide additional opportunities for a student to learn grade level standards. AB 1626, Pupil Promotion and Retention, requires all school districts to establish a promotion and retention policy, based on the students achievement of grade level standards for students between grades 2 and 3, 3 and 4, and 4 and 5, as well as between elementary and middle school, and high school. AB 1639 requires school districts to offer supplemental instruction to students in grades 2 through 8 who have low reading, writing, or math achievement. The Student Study Team and/or teacher may recommend supplemental programs to help support your child in reaching the standards.

How will my child be affected?

If your child is at risk of being retained, you must be notified as early in the school year as possible. The notice should provide parents with the opportunity to meet with the teacher responsible for making the decision to promote or retain the student. Notification will be provided through “Notice of Student At Risk of Retention” given or mailed to parents.

What can parents do?

• Ask your child’s teacher to explain grade level standards your child has not achieved.
• Ask the teacher to share how a supplemental instructional program will help your child with his/her
specific needs.
• Make arrangements for your child to attend programs designed to help students at risk of being retained.
• Set regular times of the day and week for you to work with your child on the skills he/she needs to learn.
• Explain to your child how you will help at home and how the school will help to support your child in attaining great success.
• Praise your child for his/her effort, good work, and improvement.
• Carefully monitor your child’s progress. If your child continues to struggle, contact your child’s teacher.
• Read to and with your child every day.

Student Technology Acceptable Use Policy

Mountain View Whisman School District provides student access to the district’s network. This network includes Internet access, computer or online services, videoconferencing, computer equipment and related equipment for educational purposes.  The purpose of this network is to assist in preparing students for success in life and work in the 21st century by providing them with access to a wide range of information and the ability to communicate with people throughout the world. This document contains the rules and procedures for students’ acceptable use of the district network.

  • The Mountain View Whisman School District electronic network has been established for a limited educational purpose.
  • The Mountain View Whisman School District electronic network has not been established as a public access service or a public forum. Mountain View Whisman School District has the right to place reasonable restrictions on material that is accessed or posted throughout the network.
  • Parent/guardian permission is required for all students.  Access is a privilege — not a right. 
  • The district reserves the right to monitor all activity on this electronic network.  Students will indemnify the district for any damage that is caused by students' inappropriate use of the network.
  • Students are expected to follow the same rules, good manners and common sense guidelines that are used with other daily school activities as well as the law in the use of the Mountain View Whisman School District electronic network.

General Unacceptable Behavior

While utilizing any portion of the Mountain View Whisman School District electronic network, unacceptable behaviors include, but are not limited to, the following:

  • Posting information that, if acted upon, could cause damage or danger of disruption.
  • Engaging in personal attacks, including prejudicial or discriminatory attacks.
  • Harassing another person.  Harassment is persistently acting in a manner that distresses or annoys another person.  If a student is told by a person to stop sending messages, they must stop.
  • Knowingly or recklessly posting false or defamatory information about a person or organization.
  • Using criminal speech or speech in the course of committing a crime such as threats to the president, instructions on breaking into computer networks, child pornography, drug dealing, purchase of alcohol, gang activities, threats to an individual, etc.
  • Using speech that is inappropriate in an educational setting or violates district rules.
  • Abusing network resources such as sending chain letters or "spamming”.
  • Displaying, accessing or sending offensive messages or pictures.
  • Using the Mountain View Whisman School District electronic network for commercial purposes.
  • Using the Mountain View Whisman School District electronic network for political lobbying. Students may use the system to communicate with elected representatives and to express their opinions on political issues.
  • Using district equipment, network, or credentials to threaten employees, or cause a disruption to the educational program.
  • Using the district equipment, network, or credentials to send or post electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal.

E-Mail

  • Students may be provided with e-mail for specific educational projects or activities.

Web Sites

  • Material placed on student Web pages are expected to meet academic standards of proper spelling, grammar and accuracy of information. 
  • Material (graphics, text, sound, etc.) that is the ownership of someone other than the student may not be used on Web sites unless formal permission has been obtained.
  • All student Web pages should have a link back to the home page of the classroom, school or district, as appropriate.

Personal Safety

  • Students will not share personal contact information about themselves or other people. Personal contact information includes full name, address, telephone, school address.
  • Students will not agree to meet with someone they have met online.
  • Students will promptly disclose to a teacher or other school employee any message received that is inappropriate or makes the student feel uncomfortable

System Security

  • Students are responsible for their individual accounts and should take all reasonable precautions to prevent others from being able to use them. Under no conditions should students provide their password to another person.
  • Students must immediately notify a teacher or the system administrator if they have identified a possible security problem.  Students should not go looking for security problems, because this may be construed as an illegal attempt to gain access.
  • Students will not attempt to gain unauthorized access to any portion of the Mountain View Whisman School District electronic network that they have not been granted access to. This includes attempting to log in through another person's account or accessing another person's folders, work, or files. These actions are illegal, even if only for the purposes of "browsing".
  • Students will not make deliberate attempts to disrupt the computer system or destroy data by spreading computer viruses or by any other means. These actions are illegal.
  • Users will not attempt to access Web sites blocked by district policy, including the use of proxy services, software, or Web sites.
  • Users will not use sniffing or remote access technology to monitor the network or other user’s activity.
  • Any malicious attempt to harm or destroy data, the network, other network components connected to the network backbone, hardware or software will result in cancellation of network privileges.  Disciplinary measures in compliance with the district's discipline code and policies will be enforced.

Software and Files

  • Software is available to students to be used as an educational resource.  No student may install, upload or download software.
  • A student's account may be limited or terminated if a student intentionally misuses software on any district-owned equipment.
  • Routine maintenance and monitoring of the Mountain View Whisman School District electronic network may lead to discovery that a student has violated this policy or the law. Students should not expect that files stored on district servers are private.

Technology Hardware

  • Hardware and peripherals are provided as tools for student use for educational purposes.  Students are not permitted to relocate hardware (except for portable devices), install peripherals or modify settings to equipment without the consent of the district technology department. 
  • Students are not permitted to connect district equipment to third party wired or wireless networks.

Use of Personal Electronic Devices on School Property

The term “personal electronic device” means any device that a student is in possession of which electronically communicates, sends, receives, stores, reproduces or displays voice and/or text communication or data.  These include, but are not limited to cellular phones, pagers, smart phones, music and media players, gaming devices, tablets, laptop computers and personal digital assistants.

  • The student who possesses a personal electronic device shall be solely responsible for its care. The District is not responsible for loss or damage to any personal electronic device that is used on school property.
  • Students shall not use personal electronic devices on school property or at a school-sponsored activity to access and/or view Internet websites that are otherwise blocked to students at school.
  • Student use of personal electronic devices that disrupt the instructional day may result in disciplinary action and/or confiscation of the personal electronic device. 
  • Students may not use personal electronic devices to take photos or capture video of other students or staff members without their knowledge and consent.

Plagiarism and Copyright Infringement

  • Students will not plagiarize works found on the Internet. Plagiarism is taking the ideas or writings of others and presenting them as if they were the students’.
  • Copyrighted material shall be posted online only in accordance with applicable copyright laws. Any materials utilized for research projects should be given proper credit as with any other printed source of information.

Videoconference

  • Videoconferencing is a way that students can communicate with other students, speakers, museums, etc. from other parts of the country and the world.  With videoconferencing equipment, students can see, hear, and speak with other students, speakers, museum personnel, etc. in real-time. 
  • Videoconference sessions may be recorded by district personnel or by a participating school involved in the exchange in order to share the experience within ours or their building or district.
  • Students' voices, physical presence, and participation in the videoconference are transmitted to participating sites during each session. Rules and procedures relative to acceptable use and behavior by students apply during all videoconference sessions.

Student Rights

  • Students' right to free speech applies to communication on the Internet.  The Mountain View Whisman School District electronic network is considered a limited forum, similar to the school newspaper, and therefore the district may restrict a student's speech for valid educational reasons. The district will not restrict a student's speech on the basis of a disagreement with the opinions that are being expressed.
  • An individual search will be conducted if there is reasonable suspicion that a student has violated this policy or the law. The investigation will be reasonable and related to the suspected violation.

Due Process

  • The district will cooperate fully with local, state, or federal officials in any investigation related to any illegal activities conducted through the district network.
  • In the event there is an allegation that a student has violated the district acceptable use regulation and policy, the student will be provided with a written notice of the alleged violation.  An opportunity will be provided to present an explanation before a neutral administrator (or student will be provided with notice and an opportunity to be heard in the manner set forth in the disciplinary code).
  • Disciplinary actions will be tailored to meet specific concerns related to the violation and to assist the student in gaining the self-discipline necessary to behave appropriately on an electronic network. Violations of the acceptable use regulation and policy may result in a loss of access as well as other disciplinary or legal action.
  • If the violation also involves a violation of other provisions of other school rules, it will be handled in a manner described in the school rules. Additional restrictions may be placed on a student's use of his/her network account.

Limitation of Liability

  • The district makes no guarantee that the functions or the services provided by or through the district network will be error-free or without defect. The district will not be responsible for any damage suffered, including but not limited to, loss of data or interruptions of service.
  • The district is not responsible for the accuracy or quality of the information obtained through or stored on the network. The district will not be responsible for financial obligations arising through the unauthorized use of the network.

Violations of this Acceptable Use Policy

Violations of this policy may result in loss of access as well as other disciplinary or legal action.  Students' violation of this policy shall be subject to the consequences as indicated within this policy as well as other appropriate discipline, which includes, but is not limited to use of district network only under direct supervision, suspension or revocation of network privileges, suspension or expulsion from school, and/or legal action and prosecution by the authorities.

The particular consequences for violations of this policy shall be determined by the school administrators.  The superintendent or designee and the board shall determine when school expulsion and/or legal action or actions by the authorities are the appropriate course of action.

Zero Tolerance Policy

The Mountain View Whisman School District, in support of the State of California Education Code Section 48900, has identified certain acts as possible causes for suspension and/or expulsion of students from school. These acts include, but are not limited to, causing physical injury, possessing dangerous objects, committing robbery or extortion, damaging or stealing school property, possessing or using tobacco or intoxicants, engaging in profanity, selling drugs and/or drug paraphernalia, disrupting school activities, or defying the valid authority of school personnel.

A student may be suspended and/or expelled for the acts listed above if they are committed while on the school grounds or while going or coming from school or a school-sponsored activity. Teachers may suspend students from their classrooms for one day. Following a suspension, a parent conference will be scheduled with the principal and/or teacher before the child returns to school.

Zero Tolerance: Zero Tolerance is a county-wide effort to eliminate the presence of weapons on school campuses and ensures that schools are a safe place for children to learn and teachers to teach. Parents and staff in school districts in Santa Clara County and throughout the state have agreed that guns and other weapons should not be tolerated on school campuses.

As used in this policy, a weapon includes: firearms (includes imitation firearms), knives of any sort, brass knuckles, nunchak sticks and clubs, throwing stars, or any item that could be used as a weapon.

 

http://www.mvwsd.org/parent-notifications