somis union school district 5268 north street …somisusd.org/board/agendas/17-18/20180618.pdfjun...

SOMIS UNION SCHOOL DISTRICT 5268 NORTH STREET

SOMIS, CA 93066 805.386.8258

SPECIAL OPEN BOARD MEETING AGENDA Written notice is hereby given in accordance with Education Code Section 54957 that a meeting of the Board of Trustees of Somis Union School District will be held:

DATE: June 18, 2018 TIME: 12:15 P.M. Open Session

PLACE: Somis Union School District, Conference Room 5268 North Street

Somis, CA 93066

CALL TO ORDER Time: __________

APPROVAL OF AGENDA (Action: 1st _________________ 2nd ____________________)

WELCOME GUESTS

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

APPROVAL OF MINUTES

The Minutes from the June 12, 2018 will be brought to the Board for approval August 14, 2018

PUBLIC PARTICIPATION This is the time the Board of Education reserves for comments from the public. The Board will be pleased to hear from individuals on any item of interest pertinent to Somis Union School District. Persons desiring to comment should complete a speaker request form and submit it to Mrs. Godinez, who will forward it to the Board President. If the topic is one on the agenda for this meeting, you will be recognized at the appropriate place on the agenda prior to Board action on the item. If the topic is one that is not listed on the agenda for this meeting, the Board will hear comments at this time but will not take any action. The Board reserves the right to schedule a time at a later date to hear and receive information on a topic which will require more than a brief presentation. Members of the public are encouraged to participate in the deliberations of the Board of Education. When the Board opens discussions to the public on any individual item, members of the audience are welcome to address the Board on this item. Please identify yourself when recognized. Three (3) minutes are allotted to each speaker. A maximum of twenty (20) minutes may be allotted to each subject. The Board shall allot three (3) minutes to respond back to each individual. Persons with disabilities requiring special accommodations should contact the Superintendent’s office prior to the meeting.

1.0 Finance/Facilities PAGE

1.1 Superintendent Report:

1.2 Action Item: Approval of the Prop 30 Spending Plan for Fiscal Year 2018/19 (Action: 1st ______, 2nd ________)

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1.3 Action Item: Approval of the LCAP for the 2018/19 school year (Action: 1st______, 2nd ________)

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1.4 Action Item: Approval of the 2018/19 Financial Budget (Budget available at meeting) (Action: 1st _____, 2nd ________)

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1.5 Action Item: Approval the Notice of Completion of Alliance Building Solutions, Inc. (1st _____ 2nd ______)

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2.0 Policy and Judicial Review PAGE

2.1 BP 5123 Students: Promotion/Acceleration/Retention – 2nd & Final Reading (1st _____ 2nd _____)

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2.2 AR 5123 Students: Promotion/Acceleration/Retention – 2nd & Final Reading (1st _____ 2nd _____)

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2.3 BP 5145.13 Students: Response to Immigration Enforcement (NEW) - 1st Reading (1st _____ 2nd ______)

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2.4 AR 5145.13 Students: Response to Immigration Enforcement (NEW) - 1st Reading (1st _____ 2nd ______)

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3.0 Governance Team Issues/Planning

3.1 Superintendent Report

3.2 Future Items:

3.3 Information: Next Regular Board Meeting is August 14, 2018 July will be Dark with no Governance Meeting

ADJOURNMENT Time:_____ (Action: 1st ___________, 2nd _______________)

Somis Union School District June 18, 2018 Action Report Number 1.2

TO: Board of Trustees FROM: Dr. Colleen Robertson, Superintendent/Principal PREPARED BY: Tami Peterson, Chief Business Official SUBJECT: Approval of the 2018-2019 Prop Spending Plan ______________________________________________________________________

The Superintendent/Principal recommends that the Board of Education approve the 2018-2019 Prop Spending Plan

BACKGROUND:

Anticipated use of 2018-19 Prop 30 Education Protection Account Funds. a. The language of Proposition 30 requires that each LEA “….shall have

sole authority to determine how the moneys received from the Education Protection Account are spent in the school or schools within its jurisdiction, provided, however, that the appropriate governing board or body shall make these spending determinations in open session of a public meeting of the governing board or body and shall not use any of the funds from the Education Protection Account for salaries or benefits of administrators or any other administrative costs.”

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C:\Users\agodinez\Downloads\Somis 2018-19 Proposition EPA Spending Plan.xlsx

SOMIS UNION SCHOOL DISTRICTPROPOSITION 30 SPENDING PLAN FOR FISCAL YEAR 2018-2019

EDUCATION PROTECTION ACCOUNT (EPA)PRESENTED FOR BOARD APPROVAL

JUNE 12, 2018 7:00 P.M.SOMIS UNION SCHOOL LIBRARY

Background

2017-18 2018-19Object Function Estimated Adopted

Object Description Function Description Use of Funds (Resource 1400) Actuals BudgetBeginning Balance (Carryover) -$ -$ -

8012 Prop 30 Revenues 0000 EPA Revenues projected as of 17/18 P2 49,658$ 49,796$ 49,658$

8019 Prop 30 Revenues - Prior Year 0000 EPA -$

Total Revenues 49,658$ 49,796$ 49,658$ Certificated Salaries

1100 Teacher Salaries 1000 Instruction Classroom Teacher Salaries 49,658$ 49,796$ 49,658$

Total Certificated Salaries 49,658$ 49,796$ 49,658$ Employee Benefits Related Fringe Benefits

3101 STRS 1000 Instruction -$ -$ -$ 3301 Medicare 1000 Instruction -$ -$ -$ 3401 Health Benefits 1000 Instruction -$ -$ -$ 3501 SUI 1000 Instruction -$ -$ -$ 3601 Workers' Compensation 1000 Instruction -$ -$ -$

Total Employee Benefits -$ -$ -$ Total Salaries and Benefits 49,658$ 49,796$ 49,658$

-$

Total Expenses 49,658$ 49,796$ 49,658$

Remaining Balance -$ -$ -$

2016-17 Actuals

Proposition 30 requires all districts, counties, and charter schools to report on their Web sites an accounting of how much money was received from the EPA and how that money was spent.

Proposition 30, The Schools and Local Public Safety Protection Act of 2012, approved by the voters on November 6, 2012, temporarily increases the states sales tax rate for all taxpayers and the personal income tax rates for upper-income taxpayers. A portion of the new revenues will be used to increase school funding, with the remainder helping to balance the state budget.

The new revenues generated from Proposition 30 are deposited into a newly created state account called the Education Protection Account (EPA). School districts, county offices of education, and charter schools (LEAs) will receive funds from the EPA based on their proportionate share of the statewide revenue limit amount, which includes charter school general purpose funding. A corresponding reduction is made to an LEA’s revenue limit or charter school general purpose state aid equal to the amount of their EPA entitlement.

Proposition 30 specifies that LEAs may not use EPA funds for salaries or benefits of administrators or any other administrative costs. The CDE has interpreted that administrative costs, as used in Proposition 30, means anything defined as administration in the California School Accounting Manual. Administrative costs include general administration, school administration, and instructional administration:

The language of Proposition 30 requires that each LEA " . . . shall have sole authority to determine how the moneys received from the Education Protection Account are spent in the school or schools within its jurisdiction, provided, however, that the appropriate governing board or body shall make these spending determinations in open session of a public meeting of the governing board or body and shall not use any of the funds from the Education Protection Account for salaries or benefits of administrators or any other administrative costs."

* General administration refers to agency-wide administrative activities including governing board, superintendent, and district-level fiscal, personnel, and central support services.* School administration refers to activities concerned with directing and managing the operation of a particular school.* Instructional administration refers to activities for assisting instructional staff in planning, developing, and evaluating the process of providing learning experiences for students.

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Somis Union School District

June 18, 2018

Action Report Number 1.3

TO: Board of Trustees

FROM: Dr. Colleen Robertson, Superintendent/Principal

SUBJECT: Approval of the 2018-2019 LCAP

_____________________________________________________________________________________________

The Superintendent recommends that the Board of Trustees approve the 2018-2019 LCAP

Understanding California's New School Funding Formula: LCFF and LCAP LCFF stands for Local Control Funding Formula. Under this new formula, school districts have more decision-making power in determining how to use funds for their schools and specific educational programs. Funds will be allocated by the State on a per student basis with supplemental funds awarded for designated high needs students, which are identified as English Language Learners, low-income students and foster youth. LCAP, which supports the LCFF, stands for Local Control Accountability Plan. This three-year plan must be developed, adopted and annually updated along with the LCFF in concert with a school district's parents, teachers, students, bargaining units and community members. While the LCFF affords greater latitude for districts in how they allocate funds for their schools and programs, the LCAP is a measure that ensures equity, accountability and transparency in that funding process. With LCAP, districts are required to reach out to their stakeholders for input on prioritization of educational programs that support positive student outcomes. The State has noted eight key priority areas that must be addressed in the Plan, and districts, partnering with their various stakeholders, will identify goals and actions associated with each of the eight priorities. 8 Priority Areas: 1. Basic Necessities: teachers must be fully credentialed, instructional materials must be available to all students and align with state standards and facilities must be safe. 2. Implementation of State Standards: this includes Common Core State Standards in English language arts and math, Next Generation Science Standards, English language development, history social science, visual and performing arts, health education and physical education standards. 3. Access to Courses: ensures students have access to classes that prepare them for college and careers, regardless of what school they attend or where they live. 4. Student Achievement: programs are designed to improve student outcomes along multiple measures, including test scores, English proficiency and college and career preparedness. 5. Other Student Outcomes: this relates to required areas of study, including physical education and the arts. 6. Parent Involvement: parents are engaged in the decision-making process and the educational programs of students. 7. Student Engagement: this addresses improvement in the areas of student attendance and tardiness. 8. School Climate: measures students’ connectedness to school through a variety of factors, such as suspension and expulsion and determines actions for improvement. At the Somis Union School District, we meet with representatives of our various stakeholders and student subgroups. We work closely with District administrators in analyzing, reviewing, revising and formalizing the Local Control Accountability Plan (LCAP) for Somis. We also host Community Forums to which the community is invited to attend and provide input regarding the desired educational programs that support student achievement. A copy of the LCAP is available at www.somisusd.org

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Somis Union School District June 18, 2018 Action Report Number 1.4 TO: Board of Trustees FROM: Dr. Colleen Robertson, Superintendent/Principal PREPARED BY: Tami Peterson, Chief Business Official SUBJECT: Approval of the 2018-2019 Adopted Budget ______________________________________________________________________

The Superintendent recommends that the Board of Trustees approve the 2018-2019 Adopted Budget

BACKGROUND:

Education Code Section 42103 requires the Governing Board to hold a public hearing on the proposed budget. The hearing must be held any day on or before July 1, but not less than three working days following availability of the proposed budget for public inspection. The budget has been available for public display and is submitted for Board approval.

DESCRIPTION/DETAILS

The Somis Budget has been prepared to meet the needs of the District and comply with the requirements of the various federal and state agencies. The annual budget is a planning document that translates educational policy into instructional programs.

Mrs. Tami Peterson, Chief Business Official, will be present to review the budget and answer Board questions.

The Budget will be presented under separate cover.

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Somis Union School District June 18, 2018 Action Report Number 1.5

TO: Board of Trustees FROM: Dr. Colleen Robertson, Superintendent/Principal PREPARED BY: Tami Peterson, Chief Business Official SUBJECT: Approval of the Transition from Current Food Reimbursement

Program to Community Eligibility Provision beginning school 2018-19______________________________________________________________________

The Superintendent/Principal recommends that the Board of Education approve the Transition from Current Food Reimbursement Program to Community Eligibility Provision beginning school 2018-19

BACKGROUND:

The Community Eligibility Provision (CEP) is a non-pricing meal service option for schools and school districts in low-income areas. CEP allows the nation's highest poverty schools and districts to serve breakfast and lunch at no cost to all enrolled students without collecting household applications. Instead, schools that adopt CEP are reimbursed using a formula based on the percentage of students categorically eligible for free meals based on their participation in other specific means-tested programs, such as the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF).

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Community Eligibility Provision (CEP) Monthly Federal Reimbursement Estimator

Use to estimate the level of Federal reimbursement received under the CEP

District Name:

Step 1: Calculating the Identified Student Percentage Step 2: Federal Reimbursement Rates If grouping schools, use the grouping calculator to assist in determining 1.1 and 1.2. Select the current reimbursement rates usedfor each program

(without the $0.06). Enter the number of identified students and enrolled

students that is reflective of April 15t in 1.1 and 1.2 Click to define: Identified Students

The additional $0.06 is applied in the next box

Li) Enter the number of identified students 115 Lunch Breakfast

Free $3.25 V $2.09 V 1.2) Enter the TOTAL student enrollment 258

0.4457 ISP Base Number, rounded to 4 decimal places

Paid V $0.30 ISP Percentage of identified students =

**This percentage must be at least 40% to be eligible**

Select '$0.06" if the SFA is certified for the additional $0.06. Percentage of meals reimbursed at the Federal FREE rate = 71.31%

Percentage of meals reimbursed at the Federal PAID rate = 28.69% $006 Vl

Step 3: Monthly Meal Data

Enter in the number of LUNCHES and/or BREAKFASTS served in a month in 3.1 and 3.2 Estimated CEP Monthly Federal Reimbursements

3.1) Enter the total number of LUNCHES served in a month: 2,360 Reimbursement for LUNCH =1 $7,827.22

3.2) Enter the total number of BREAKFASTS served in a month: 1,044 Reimbursement for BREAKFAST = $1,761.73

Total number of MEALS served in a month: 3,404 Total Reimbursement Level= $9,588.95

Step 4: Anticipated Participation Change due to serving al: NLSP SBP

FREE meals (for example enter 2 for 2%): 35.00% 7.00% Federal Reimbursement per LUNCH= $2.47

Total number of LUNCHES reimbursed at FREE rate= 2,272 Federal Reimbursement per BREAKFAST= $1.58

Total number of LUNCHES reimbursed at the PAID rate= 914 Optional Comparison: Enter current monthly Federal

reimbursements and student payment revenue

Total number of BREAKFASTS reimbursed at FREE rate= 797 LUNCH= $7,773.25

Total number of BREAKFASTS reimbursed at the PAID rate= 320 BREAKFAST= $1,751.06

CEP Difference: LUNCH This section displays the estimated difference between operating CEP and the current Federal Difference=

$53.97 Total Difference

reimbursements and student payments (if applicable). If the differences boxes are green then CEP will

generate the same or more Federal revenue, if the box is red then current procedures generate higher BREAKFAST $1067 $64.64

Federal Revenue difference=

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California Department of Education School Nutrition Programs Unit

Nutrition Services Division April 2016

Form SNP-19 Page lot 4

POLICY STATEMENT ADDENDUM Community Eligibility Provision Implementation Request

Return with original signatures by mail to:

Nutrition Services Division

California Department of Education/SNPU

1430 N Street, Suite 4503

Sacramento, CA 95814-5901

Operating under the claiming alternative Community Eligibility Provision (CEP), this document amends certain

provisions and procedures described in the Policy Statement for Free and Reduced-Price Meals administered by

this local educational agency (LEA) to reflect current practices for schools requesting to participate in the CEP.

The LEA may elect the CEP for a single school, a select group of schools, or all schools under its jurisdiction. The

LEA will provide the California Department of Education (CDE) Nutrition Services Division (NSD) the signed Policy

Statement Addendum CEP Implementation Request no later than June 30 of the school year prior to the start of

their participation in the CEP. Additionally, the LEA will complete the Provision section for all site applications in

the LEA's Child Nutrition Information and Payment System (CNIPS) application packet prior to the start of their

participation in the CEP. Participation in the CEP will cover a period of four years. The LEA may stop participating

in the CEP during the four-year cycle by notifying the NSD before the LEA intends to do so by submitting a

revised site application in the CNIPS and an updated Meal Count and Collection Procedures form to the CDE and

providing advance notification to households when returning to standard meal count and collection.

The CEP reimbursement claiming percentage is based on the Identified Student Percentage (ISP), as of April 1 of

the school year prior to the start of participation in the CEP, and a multiplier factor issued by the U.S.

Department of Agriculture in year one of the four-year cycle. The ISP claiming percentage established in year one

will be valid for a period of four school years. If the ISP increases as of April 1 of year one, two, or three, the LEA

may increase their claiming percentage in the following school year. The ISP will not automatically increase. The

LEA must apply for the ISP increase each school year by submitting a CEP ISP Change Request (Form SNP-56) and

a copy of the calculation used to determine the increased ISP. The request for the increased ISP must be pre-

approved by the CDE in order to be effective the following school year. The claiming percentage will

automatically be reset back to the ISP established in year one unless a Form SNP-56 is approved by the CDE each

school year.

Instructions: Complete sheets two and four in this workbook, then print, sign, and submit the entire document

with an original signature to the address at the top of this page. If you have any questions about this form,

contact your School Nutrition Program (SNP) County Specialist. The SNP County Specialist list is available in the

CNIPS Download Forms section, form titled "Caseload." You may also contact an SNP Office Technician by phone

at 916-322-3005 or 800-952-5609.

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Form SNP-59 Page 2 of 4

Community Eligibility Provision Site Request Worksheet This LEA requests approval to implement the Community Eligibility Provision for meal claiming at the

following site(s). All sites listed below have the same Start date and are scheduled to remain on the CEP

for four years. All data below must match data in the CNIPS for each site. Click the Add Rows button to

add additional sheets as needed.

K

A B C D E F G H I J Initial and Date

CDE/NSD

Use Only

Number of students

directly certified via

CaiFresh, CaIWORKs, Number of students Identified individual Site Identify

FDPIR, and Medi-Cal certified as foster, Students: Identified Individual or

free benefits and homeless, migrant, auto- Student Group Site Enter Enter

extension of benefits runaway, and calculates Percentage: (Indicate Year One Expiration

CNIPS Site Total to students in participating in Head based on auto-calculates Group 1,2,3, (e.g., Year (e.g.,

ID Site Name Enrollment household Start Programs D+E based on F/c etc.) 2018-19) 2021-22) Approved Denied

03091-SN- Individual 2018-19 2021-22

56-PSD Somis Union School District 258 115 0 115 44.5736%

o 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

0 0.0000%

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Form SNP-19 Page 3 of

Community Eligibility Provision Identified Student Percentage Calculator

The data that you entered on the Site List Worksheet (page 2 of this workbook) populates this calculator if you are grouping schools in your district. This summary worksheet will total your enrollment and identified students for each group and calculate your group percentage(s). Again, this page is not applicable to your application to participate in the Community Eligibility Provision if you are only applying for individual schools to participate.

Site Request Worksheet Site Groups Summary

Total Group Enrollment

Number of Identified Students

Group Identified Student

Percentage Group 1 0 0 0.00% Group 2 0 0 0.00% Group 3 0 0 0.00% Group 4 0 0 0.00% Group 5 0 0 0.00% Group 6 0 0 0.00% Group 7 0 0 0.00% Group 8 0 0 0.00% Group 9 01 0 0.00%

Group 10 01 01 0.00%

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Form SNP-19 Page 4 of 4

Community Eligibility Provision

Signature Page

Complete the yellow fields below, then print, sign, and submit these forms with an original signature

to the mailing address listed on the cover page.

Sponsor Name Vendor Number CNIPS ID

Somis Union School District 726100 03091-SN-56-P

Authorized LEA Representative Name Title

Colleen Robertson, Ed. D. Superintendent

Phone Number Fax Number I Email Address

805-386-8258 805-386-4596 dr.robertsonstaff.somisusd.org

The LEA named above:

1) Agrees to serve breakfasts and lunches at no charge to all children in the participating school(s)

and agrees to cover any costs of providing free meals to all students above the amount provided in

federal assistance with nonfederal funds

2) Certifies that the ISP in the CEP schools is greater than or equal to 40 percent, and agrees to

maintain documentation from the California Longitudinal Pupil Achievement Data System, the local

County Welfare Department, and/or LEA Officials such as the LEA's homeless liaison, to support

the ISP stated on this form, and agrees to enter this information into the CNIPS

3) Agrees to maintain a daily count of meals served through the National School Lunch and School

Breakfast Programs for every participating school

4) Agrees to abide by all requirements for applying and administering the CEP as stated in Section

104(a) of the Healthy, Hunger-Free Kids Act of 2010, which amended Section 11(a)(1) of the

Richard B. Russell National School Lunch Act

5) Certifies that all data submitted in this form is correct, including the enrollment and identified

students listed in the site list

Signature of Authorized LEA Representative Date

Contact Person and Title (if other than LEA Representative) Phone Number

Alanna Godinez, Executive Assistant 805-386-4596

FOR CDE USE ONLY

First Year Expiration Year NSD/SNPU Representative Signature Date

Effective Date:

El Approved 0 Denied I Reason for Denial:

Entered in CNIPS Ej Copy to Agency/School LII Original to File

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California Department of Education Nutrition Services Division Form SNP-55

COMMUNITY ELIGIBILITY PROVISION

IDENTIFIED STUDENTS PREAPPROVAL REVIEW

Instructions: Complete all three worksheets of the Identified Students Preapproval Review for each group

or individual site before implementing the Community Eligibility Provision (CEP) or requesting an

identified student percentage (ISP) change.

Then, upload all three sheets of the Identified Students Preapproval Review for each individual site or

group into the Child Nutrition Information and Payment System (CNIPS) checklist.

Sponsor Name Vendor Number CNIPS ID Somis Union School District 726100103091 -SN-56-P Authorized LEA Rrepresentative Name Title Colleen Robertson, Ed.D. Superintendent Phone Number I Fax Number Email Address 805-386-8258 805-386-4596 dr.robertson©staff.somisusd.org

List the individual site name and site ID or if applying for a group, list all sites within that group, the group number, and all site IDs for the sites contained within the group.

Site Name (if part of a group, list all sites in the group): Group #/Individual CNIPS Site ID(s) Somis Union School District

___________________________________________________ Individual 0309 1-SN-56-PSD

From the drop down list select the student identifier you will be using for both enrollment and identified student data:

Student ID

The LEA official named above certifies that all data contained within this form is

correct. The enclosed information contains enrollment in the sites listed above as of

April 1 of the year prior to implementing the CEP, and identified students eligible as

of April 1 of the year prior to implementing the CEP. The accuracy of this information

has been verified by the person signing below.

Signature of Authorized LEA Representative I Date II

Contact Person (if other than LEA Representative) I Phone Number I

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Students BP 5123(a)

PROMOTION/ACCELERATION/RETENTION

The Governing Board expects students to progress through each grade level within one school year. Toward this end, instruction shall be designed to accommodate the variety of ways that students learn and provide strategies for addressing academic deficiencies as needed.

Students shall progress through the grade levels by demonstrating growth in learning and meeting grade-level standards of expected student achievement.

(cf. 6011 - Academic Standards) (cf. 6146.1 - High School Graduation Requirements) (cf. 6146.5 - Elementary/Middle School Graduation Requirements) (cf. 6170.1 - Transitional Kindergarten)

When high academic achievement is evident, the teacher may recommend a student for acceleration to a higher grade level. The student's maturity level shall be taken into consideration in making a determination to accelerate a student.

Teachers shall identify students who should be retained or who are at risk of being retained at their current grade level as early as possible in the school year and as early in their school careers as practicable.

Students shall be identified for retention on the basis of failure to meet minimum levels of proficiency, as indicated by grades and the following additional indicators of academic achievement: district assessments, portfolios, attendance and state testing where applicable.

(cf. 5121 - Grades/Evaluation of Student Achievement)

If a student does not have a single regular classroom teacher, the Superintendent or designee shall specify the teacher(s) responsible for the decision to promote or retain the student. (Education Code 48070.5)

The teacher's decision to promote or retain a student may be appealed in accordance with AR 5123 - Promotion/Acceleration/Retention.

When a student in grades 2-9 is retained or recommended for retention, the Superintendent or designee shall offer an appropriate program of remedial instruction to assist the student in meting grade-level expectations. The district also may offer supplemental instruction to a student in grades 2-6 who is identified as being at risk for retention. (Education Code 37252.2, 37252.8, 48070.5)

(cf. 6176 - Weekend/Saturday Classes) (cf. 6177 - Summer Learning Programs) (cf. 6179 - Supplemental Instruction)

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Students BP 5123(b)


Legal Reference: EDUCATION CODE 37252-37254.1 Supplemental instruction 41505-41508 Pupil Retention Block Grant 46300 Method of computing average daily attendance 48010 Admittance to first grade 48011 Promotion/retention following one year of kindergarten 48070-48070.5 Promotion and retention 56345 Elements of individualized education plan 60640-60649 California Assessment of Student Performance and Progress CODE OF REGULATIONS, TITLE 5 200-202 Admission and exclusion of students

Management Resources: CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS FAQs Promotion, Retention, and Grading (students with disabilities) FAQs Pupil Promotion and Retention Kindergarten Continuance Form WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov

Policy SOMIS UNION SCHOOL DISTRICT Adopted: 11/21/2001 Somis, California Revised:

15

Students AR 5123(a)


Acceleration from Kindergarten to First Grade

Any student who meets the age eligibility requirement and has completed one year of kindergarten shall be admitted to first grade unless the parent/guardian and the Superintendent or designee agree that the student shall continue in kindergarten. (Education Code 48010, 48011)

(cf. 5111 - Admission)

A student who does not meet the age eligibility requirement may be admitted to first grade at the discretion of the Superintendent or designee and with the consent of the parent/guardian upon determination that the student is ready for first-grade work, subject to the following minimum criteria: (Education Code 48011; 5 CCR 200)

1. The student is at least five years of age.

2. The student has attended a public school kindergarten for a long enough time to enableschool personnel to evaluate his/her ability.

3. The physical development and social maturity of the student are consistent with his/heradvanced mental ability.

4. The parent/guardian of the student has filed a written statement with the districtapproving the placement in first grade.

Continuation in Kindergarten

Whenever the Superintendent or designee and the parents/guardians agree that a student shall continue in kindergarten for an additional year, the Superintendent or designee shall secure an agreement, signed by the parent/guardian, stating that the student shall continue in kindergarten for not more than one additional school year. (Education Code 46300, 48011)

The Superintendent or designee shall not approve a student's continuation in kindergarten until the student has been enrolled in kindergarten for close to one school year.

Retention at Other Grade Levels

If a student is identified as performing below the minimum standard for promotion to the next grade level based on the indicators specified in Board policy, the student shall be retained in his/her current grade level unless the student's regular classroom teacher determines, in writing, that retention is not the appropriate intervention for the student's academic deficiencies. This determination shall specify the reasons that retention is not appropriate for the student and shall include recommendations for interventions other than retention that, in the opinion of the teacher, are necessary to assist the student in attaining acceptable levels of academic achievement. (Education Code 48070.5)

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Students AR 5123(b)


Retention at Other Grade Levels – cont’

(cf. 5121 - Grades/Evaluation of Student Achievement) (cf. 6162.5 - Student Assessment) (cf. 6162.51 - State Academic Achievement Tests)

If the teacher's recommendation to promote is contingent on the student's participation in a summer school or interim session remediation program, the student's academic performance shall be reassessed at the end of the remediation program, and the decision to retain or promote the student shall be reevaluated at that time. The teacher's evaluation shall be provided to and discussed with the student's parents/guardians and the principal before any final determination of retention or promotion. (Education Code 48070.5)

(cf. 6176 - Weekend/Saturday Classes) (cf. 6177 - Summer Learning Programs) (cf. 6179 - Supplemental Instruction)

When a student is identified as being at risk of retention, the Superintendent or designee shall so notify the student's parent/guardian as early in the school year as practicable. The student's parent/guardian shall be provided an opportunity to consult with the teacher(s) responsible for the decision to promote or retain the student. (Education Code 48070.5)

(cf. 5145.6 - Parental Notifications)

The Superintendent or designee shall also provide a copy of the district's promotion/retention policy and administrative regulation to those parents/guardians who have been notified that their child is at risk of retention.

Appeal Process

Whenever a student's parent/guardian appeals the teacher's decision to promote or retain a student, the burden shall be on the parent/guardian to show why the teacher's decision should be overruled. (Education Code 48070.5)

To appeal a teacher's decision, the parent/guardian shall submit a written request to the Superintendent or designee specifying the reasons that the teacher's decision should be overruled. The appeal must be initiated within 10 school days of the determination of retention or promotion.

The teacher shall be provided an opportunity to state orally and/or in writing the criteria on which his/her decision was based.

Within 30 days of receiving the request, the Superintendent or designee shall determine whether or not to overrule the teacher's decision. Prior to making this determination, the Superintendent or designee may meet with the parent/guardian and the teacher. If the Superintendent or designee determines that the parent/guardian has overwhelmingly proven that the teacher's decision should be overruled, he/she shall overrule the teacher's decision.

17

Students AR 5123(c)


Appeal Process – cont’

If the final decision is unfavorable to the parent/guardian, he/she shall have the right to submit a written statement of objections which shall become part of the student's record.

(cf. 5125 - Student Records) (cf. 5125.3 - Challenging Student Records)

\

Regulation SOMIS UNION SCHOOL DISTRICT Adopted: 2/8/2005 Somis, CaliforniaRevised:

18

Students BP 5145.13(a)

RESPONSE TO IMMIGRATION ENFORCEMENT

The Governing Board is committed to the success of all students and believes that every school site should be a safe and welcoming place for all students and their families irrespective of their citizenship or immigration status.

District staff shall not solicit or collect information or documents regarding the citizenship or immigration status of students or their family members or provide assistance with immigration enforcement at district schools, except as may be required by state and federal law. (Education Code 234.7)

(cf. 5111 - Admission) (cf. 5111.1 - District Residency)

No student shall be denied equal rights and opportunities nor be subjected to unlawful discrimination, harassment, intimidation, or bullying in the district's programs and activities on the basis of his/her immigration status. (Education Code 200, 220, 234.1)

(cf. 0410 - Nondiscrimination in District Programs and Activities) (cf. 5131.2 - Bullying) (cf. 5145.3 - Nondiscrimination/Harassment) (cf. 5145.9 - Hate-Motivated Behavior)

The Superintendent or designee shall notify parents/guardians regarding their children's right to a free public education regardless of immigration status or religious beliefs and their rights related to immigration enforcement. (Education Code 234.7)

(cf. 5145.6 - Parental Notifications)

Consistent with requirements of the California Office of the Attorney General, the Superintendent or designee shall develop procedures for addressing any requests by a law enforcement officer for access to district records, school sites, or students for the purpose of immigration enforcement.

(cf. 1340 - Access to District Records) (cf. 3580 - District Records) (cf. 5125 - Student Records) (cf. 5125.1 - Release of Directory Information)

The Superintendent or designee shall report to the Board in a timely manner any requests for information or access to a school site by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws. Such notification shall be provided in a manner that ensures the confidentiality and privacy of any potentially identifying information. (Education Code 234.7)

19

Students BP 5145.13(b)


Legal Reference: EDUCATION CODE 200 Educational equity 220 Prohibition of discrimination 234.1 Safe Place to Learn Act 234.7 Student protections relating to immigration and citizenship status 48204.4 Evidence of residency for school enrollment 48980 Parental notifications 48985 Notices to parents in language other than English GOVERNMENT CODE 8310.3 California Religious Freedom Act PENAL CODE 422.55 Definition of hate crime 627.1-627.6 Access to school premises, outsiders UNITED STATES CODE, TITLE 20 1232g Family Educational Rights and Privacy Act COURT DECISIONS Plyler v. Doe, 457 U.S. 202 (1982)

Management Resources: CSBA PUBLICATIONS Legal Guidance on Providing All Children Equal Access to Education, Regardless of Immigration Status, February 2017 CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018 WEB SITES CSBA: http://www.csba.org California Office of the Attorney General: http://oag.ca.gov California Department of Education: http://www.cde.ca.gov California Department of Fair Employment and Housing: http://www.dfeh.ca.gov California Department of Justice: http://www.justice.gov U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr U.S. Immigration and Customs Enforcement: http://www.ice.gov U.S. Immigration and Customs Enforcement, Online Detainee Locator System: http://locator.ice.gov/odls

Policy SOMIS UNION SCHOOL DISTRICT Adopted: NEW Somis, California

20

Students AR 5145.13(a)


Responding to Requests for Information

Unless authorized by the Family Educational Rights and Privacy Act pursuant to 20 USC 1232g, student information shall not be disclosed to immigration law enforcement authorities without parental consent, a court order, or judicial subpoena. The Superintendent or designee shall annually notify parents/guardians that the district will not release student information to third parties for immigration enforcement purposes, unless the parent/guardian consents or as required to do so by a court order or judicial subpoena.

(cf. 1340 - Access to District Records) (cf. 3580 - District Records) (cf. 5125 - Student Records) (cf. 5125.1 - Release of Directory Information)

Upon receiving any verbal or written request for information related to a student's or family's immigration or citizenship status, district staff shall:

1. Notify the Superintendent or designee about the information request

2. Provide students and families with appropriate notice and a description of theimmigration officer's request

3. Document any request for information by immigration authorities

4. Provide students and parents/guardians with any documents provided by the immigrationenforcement officer, unless such disclosure is prohibited by a subpoena served on thedistrict or in cases involving investigations of child abuse, neglect, or dependency

(cf. 5141.4 - Child Abuse Prevention and Reporting)

Resources and data collected by the district shall not be used, directly or by others, to compile a list, registry, or database of individuals based on national origin, immigration status, religion, or other category of individual characteristics protected against unlawful discrimination. (Government Code 8310.3)

Responding to Requests for Access to Students or School Grounds

District staff shall receive parent/guardian consent before a student is interviewed or searched by any officer seeking to enforce civil immigration laws at the school, unless the officer presents a valid, effective warrant signed by a judge or a valid, effective court order. A student's parent/guardian shall be immediately notified if a law enforcement officer requests or gains access to the student for immigration enforcement purposes, unless the judicial warrant or subpoena restricts disclosure to the parent/guardian.

(cf. 5145.12 - Search and Seizure)

21

Students AR 5145.13(b)


Responding to Requests for Access to Students or School Grounds – cont’

As early as possible, district staff shall notify the Superintendent or designee of any request by an immigration enforcement officer for access to the school or a student or for review of school documents, including service of lawful subpoenas, petitions, complaints, warrants, or other such documents.

In addition, district staff shall take the following actions in response to an officer present on the school campus specifically for immigration enforcement purposes:

1. Advise the officer that before school personnel can respond to the officer's request, theymust first receive notification and direction from the Superintendent or designee, exceptunder exigent circumstances that necessitate immediate action

2. Request to see the officer's credentials, including his/her name and badge number, andthe phone number of the officer's supervisor, and note or make a copy of all suchinformation

3. Ask the officer for his/her reason for being on school grounds and document the response

4. Request that the officer produce any documentation that authorizes his/her school access

5. Make a copy of all documents produced by the officer and retain one copy for schoolrecords

6. If the officer declares that exigent circumstances exist and demands immediate access tothe campus, comply with the officer's orders and immediately contact the Superintendentor designee

7. If the officer does not declare that exigent circumstances exist, respond according to therequirements of the officer's documentation, as follows:

a. If the officer has an Immigrations and Customs Enforcement (ICE) administrativewarrant, district staff shall inform the agent that they cannot consent to anyrequest without first consulting with the district's legal counsel or other designateddistrict official.

b. If the officer has a federal judicial warrant, such as a search and seizure warrant oran arrest warrant signed by a federal judge or magistrate, district staff shallpromptly comply with the warrant. If feasible, district staff shall consult with thedistrict's legal counsel or designated administrator before providing the officerwith access to the person or materials specified in the warrant.

c. If the officer has a subpoena for production of documents or other evidence,district staff shall inform the district's legal counsel or other designated official ofthe subpoena and await further instructions as to how to proceed.

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Students AR 5145.13(c)


Responding to Requests for Access to Students or School Grounds – cont’

8. Do not attempt to physically impede the officer, even if the officer appears to beexceeding the authorization given under a warrant or other document. If an officer entersthe premises without consent, district staff shall document the officer's actions while oncampus.

9. After the encounter with the officer, promptly make written notes of all interactions withthe officer, including:

a. A list or copy of the officer's credentials and contact information

b. The identity of all school personnel who communicated with the officer

c. Details of the officer's request

d. Whether the officer presented a warrant or subpoena to accompany his/herrequest, what was requested in the warrant or subpoena, and whether the warrantor subpoena was signed by a judge

e. District staff's response to the officer's request

f. Any further action taken by the officer

g. A photo or copy of any documents presented by the officer

10. Provide a copy of these notes and associated documents collected from the officer to thedistrict's legal counsel or other designated district official

The district's legal counsel or other designated official shall submit a timely report to the Governing Board regarding the officer's requests and actions and the district's responses. (Education Code 234.7)

The Superintendent or designee shall also email the Bureau of Children's Justice in the California Department of Justice ([email protected]) regarding any attempt by a law enforcement officer to access a school site or a student for immigration enforcement purposes.

Responding to the Detention or Deportation of Student's Family Member

The Superintendent or designee shall encourage students and their families to update their emergency contact information as needed throughout the school year and to provide alternative contacts, including an identified trusted adult guardian, in case a student's parent/guardian is detained or is otherwise unavailable. The Superintendent or designee shall notify students' families that information provided on the emergency cards will only be used in response to specific emergency situations and not for any other purpose.

(cf. 5141 - Health Care and Emergencies) 23

Students AR 5145.13(d)


Responding to the Detention or Deportation of Student's Family Member – cont’

The Superintendent or designee shall also encourage all students and families to learn their emergency phone numbers and be aware of the location of important documentation, including birth certificates, passports, social security cards, physicians' contact information, medication lists, lists of allergies, and other such information that would allow the students and families to be prepared in the event that a family member is detained or deported.

In the event that a student's parent/guardian is detained or deported by federal immigration authorities, the Superintendent or designee shall release the student to the person(s) designated in the student's emergency contact information or to any individual who presents a caregiver's authorization affidavit on behalf of the student. The Superintendent or designee shall only contact child protective services if district personnel are unable to arrange for the timely care of the student by the person(s) designated in the emergency contact information maintained by the school or identified on a caregiver's authorization affidavit.

The Superintendent or designee shall notify a student whose parent/guardian was detained or deported that the student continues to meet the residency requirements for attendance in a district school, provided that the parent/guardian was a resident of California and the student lived in California immediately before he/she moved out of state as a result of the parent/guardian's departure. (Education Code 48204.4)

(cf. 5111.1 - District Residency)

Regulation SOMIS UNION SCHOOL DISTRCT Adopted: NEW Somis, California

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