Notifications / Form# 1 Notice to Parents of Rights and Responsibilities 2021-2022

Form#1 Notice to Parents of Rights and Responsibilities - Please click here to download a printable version.

Notice to Parents/Guardians of Rights and Responsibilites

The following information summarizes federal and State law as well as District policy regarding parent rights. For many statements, the section of the California Education Code (EC) is cited. “Parents” denotes parents or guardians throughout this document. The Notice to Parents of Rights and Responsibilities shall be set at the time of registration for the first semester or quarter if the regular school term and the Notice may be sent by regular mail or by any other method normally used to communicate with the parents/guardians in writing. (EC 48981). Signature of the notice is required and is an acknowledgement by the parent or guardian that they been informed of their rights but does not indicate that consent to participate in any particular program has either been given or withheld.

Acceptable Use of Technology – EC 48980 (Form# 3, Student Use of Technology, Acceptable Use)
Parents will receive and acknowledge the District's Student Acceptable Use Agreement which provides the guidelines for pupil access to the Internet and on-line sites. Parent acknowledgment of this agreement is required before Internet privileges are available to students at school.

One of the adopted goals of the Millbrae School District is to assist in advancing the use of technology to enhance student learning. Access to Millbrae School District technology is a privilege, not a right, and students enrolled in District programs or activities must follow District guidelines and procedures regarding acceptable use of technology. All Millbrae School District students and their parents/guardians shall sign the Acceptable Use of Technology Agreement prior to using District technological resources. The Millbrae School District shall make a diligent effort to filter the inappropriate or harmful matter accessible through the Internet, and students shall also take responsibility not to initiate access to inappropriate or harmful matter while using District technology. Violation of this policy may result in disciplinary action and the loss of the privilege to use the technology and/or civil or criminal liability.

Asbestos Management Plan
The Millbrae School District maintains and annually updates its management plan for asbestos-containing material in school buildings. The plan is available upon request to all parents, teachers and employee organizations. For a copy of the asbestos management plan, please contact the Business Office at 697-5693 ext. 012.

Attendance Options/Permits – EC 48980(g)
Compulsory Education law states that students must enroll in school in the school district in which the residence of either the parent or legal guardian is located. If a parent is seeking a change in a public district outside of the resident district, then an interdistrict permit is required. Exceptions are for charter school, home school or other private school enrollments, and other online charter school options.

An interdistrict agreement is signed by both the releasing and accepting districts. When denied, there are appeal processes according to the local district policies. The education rights holder may appeal to their County Office of Education for an appeal process within 30 days of a final denial from either district.

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; a pupil who is a foster child who remains in his or her school of origin; 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; a pupil residing in a state hospital located within the boundaries of the school district; or a pupil whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. Students in military and migrant families may remain in their school of origin and shall have waived residency restrictions due to the frequency of movement of their families.   Connect with the Educational Services Department for more information on the protections afforded these students per California laws.

Interdistrict Attendance – EC 46600
The parent or legal guardian of a pupil may seek release from the school district of residence to attend a school in any other school district. 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, and may contain standards of reapplication and specify the terms and conditions under which a permit may be revoked. Unless otherwise specified in the agreement, a pupil will not have to reapply for an interdistrict transfer, and the school board of the district of enrollment must allow the pupil to continue to attend the school in which he/she is enrolled. A student who has completed grade 10 by June 30, may remain enrolled within the district of enrollment through grades 11 and 12 without any revocation from the desired district, and must be treated the same as any other resident student.

Regardless of whether an agreement exists or a permit is issued, the school district of residence cannot prohibit the transfer of a pupil who is a child of an active military duty parent to a school district of proposed enrollment if that district approves the application for transfer. Nor may a district prohibit an interdistrict permit release when no intradistrict permit options are available to a victim of bullying. A “victim of an act of bullying” means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency. “Bullying” means any severe or pervasive physical or verbal communication made in writing or by means of an electronic act directed toward one or more pupils that results in placing a reasonable person in fear of harm of self or property. It may cause a substantially detrimental effect on physical or mental health, interfere with academic performance or the ability to participate in or benefit from the services, activities, or privileges provided by a school, and may be done in person or online. Bullying may be exhibited in the creation or transmission of bullying online, on or off the school site, by telephone or other device in a message, text, sound, video, or image in a post on a social network internet website or burn page that creates a credible impersonation of another student knowingly and without consent for the purpose of bullying. Sharing or forwarding messages contributes to the act of bullying.

A student who is appealing a decision for an interdistrict permit approval through the County Office of Education may be eligible for provisional admission to the desired district in grades TK through 12, while continuing through the process of appeal, if space is made available by the desired district, not to exceed two months.

A pupil who has been determined by personnel of either the school district of residence or the district of proposed enrollment to have been the victim of an act of bullying, as defined in EC 48900(r), shall, at the request of the parent or legal guardian, be given priority for interdistrict attendance under any existing agreement or, in the absence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement.

Interdistrict permits shall not be denied for release from district of residence, but may require the same entrance requirements from desired districts. For active military families, pending transfer orders, may have ten days to produce documents after the family has relocated. Once orders are in writing, they may be forwarded to the intended resident district or charter to start the enrollment process and avoid delays. Coursework and graduation requirements are exempted for children of active military.

Each school district shall post their interdistrict policy agreements and local district caps on their district and/or school websites. Reasons for approval and denial of interdistrict transfer requests must be updated on the district website according to board policies. The County appeals process will be offered with the final denial in writing by the school district. The County appeal process may take up to a maximum of two months. If you have any questions about the interdistrict process, please call the district office at (650) 697-5693 ext. 029 or call the County Office at 650-802-5354.

Availability of Prospectus – EC 49063, 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. Please contact the Educational Services department for a copy of the prospectus.

Before and After School Programs
The After School Education and Safety Program serves pupils in Grades Kindergarten through 5^th grade at Lomita Park Elementary School. Programs that charge family fees shall not charge for a child who is homeless or in foster care. The homeless and foster care students are also moved to the top of the waiting list. This is how to request priority enrollment, please contact the Lomita Park Elementary Principal at (650) 588-5852.

California Healthy Youth Act – EC 51930-51939
The California Healthy Youth Act requires school districts to provide pupils with integrated, comprehensive, accurate, and unbiased sexual health and HIV prevention education at least once in middle school and once in high school. It is intended to ensure that pupils in grades 7-12 are provided with the knowledge and skills necessary to: 1) protect their sexual and reproductive health from HIV, other sexually transmitted infections, and unintended pregnancy; 2) develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family; and 3) have healthy, positive, and safe relationships and behaviors. It also promotes understanding of sexuality as a normal part of human development.

Parents or legal guardians have the right to:

Inspect the written and audiovisual educational materials used in the comprehensive sexual health and HIV prevention education.

Request in writing that their child not receive comprehensive sexual health or HIV prevention education.

Request a copy of Education Code sections 51930 through 51939, the California Healthy Youth Act.

Be informed whether the comprehensive sexual health or HIV prevention education will be taught by district personnel or outside consultants.

Receive notice by mail or another commonly used method of notification no fewer than 14 days before the instruction is delivered if arrangements for the instruction are made after the beginning of the school year.

When the district chooses to use outside consultants or to hold an assembly with guest speakers to teach comprehensive sexual health or HIV prevention education, be informed of: a) The date of the instruction, and b) The name of the organization or affiliation of each guest speaker.

Career Counseling & Course Selection – EC 221.5(d)
Commencing 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 – PC 11164
The Millbrae Elementary School District is committed to protecting all students in its care. All employees of the District are considered mandated reporters, required by law to report cases of child abuse and neglect whenever there is reasonable suspicion abuse or neglect has occurred. District employees may not investigate to confirm a suspicion. All complaints must be filed through a formal report, over the telephone, in person, or in writing, with an appropriate local law enforcement agency (i.e., Police or Sheriff’s Department, County Probation Department, or County Welfare Department/County Child Protective Services). Both the name of the person filing the complaint and the report itself are confidential and cannot be disclosed except to authorized agencies.

Parents and guardians of students also have a right to file a complaint against a school employee or other person that they suspect has engaged in abuse of a child at a school site. Complaints may be filed with the local law enforcement agency; you may also notify the District of an incident by contacting the Superintendent’s Office at (650) 697-5693 ext. 029.

Child abuse does not include an injury caused by any force that is reasonable and necessary for a person employed by or engaged in a school to stop a disturbance threatening physical injury to people or damage to property;

1. For purposes of self-defense;
2. To obtain possession of weapons or other dangerous objects within control of a student;
3. To exercise the degree of control reasonably necessary to maintain order, protect property, protect the health and safety of pupils, and maintain proper and appropriate conditions conducive to learning.

Child Find System – EC 56301
Under state law, each public school system is responsible to find children with disabilities in its area Free Appropriate Public Education (FAPE) - Each public school system is responsible for ensuring that each child with disabilities is served appropriately, at no expense to the parent in the least restrictive environment.

All parents have the right to initiate a referral for an assessment to determine if their child meets the Federal eligibility for one of the 13 educational disabilities. A referral for Special Education Programs and/or services may be initiated by placing a request, in writing, to the school principal. The District has written procedures in place for a continuous child-find system which addresses the relationship among identification, screening, referral, assessment, planning implementation, review, triennial assessment, and parents’ rights and is extended to children with disabilities who are homeless or wards of the state. Any student with exceptional needs who is eligible to receive education instruction, related services, or both, will receive such services at no cost to the parent or guardian. (EC §56030) Anyone who has a concern that the District may be in non-compliance with any state or federal laws governing special education may file a complaint against the District. Procedures are available at the District Office. (EC Title 5, §3080 and 3081)

Civility on School Grounds - EC 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). It is unlawful for any person, except a parent/guardian acting toward his/her minor child, to intentionally or to attempt to injure, intimidate, interfere by force, threat of force, physical obstruction, or nonviolent physical obstruction with any person attempting to enter or exit any public or private school grounds.

Confidential Medical Services – EC 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 guardians.

Custody Issues
Custody disputes must be handled by the courts. The school has no legal jurisdiction to refuse a biological parent access to their child and/or school records. The only exception is when signed restraining orders or proper divorce papers, specifically stating visitation limitations, are on file in the school office. Any student release situation which leaves the student’s welfare in question will be handled at the discretion of the site administrator or designee. Should any such situation become a disruption to the school, law enforcement will be contacted and an officer requested to intervene. Parents are asked to make every attempt not to involve school sites in custody matters. The school will make every attempt to reach the custodial parent when a parent or any other person not listed on the emergency card attempts to pick up a child.

Directory Information – EC 49073
“Directory Information” includes one or more of the following items: student’s name, address, telephone number, e-mail address, date of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent public or private school attended by the student. The District has determined that the following individuals, officials, or organizations may receive directory information: District Office, School PTA/PTO, Millbrae Education Foundation (MEF) and local law enforcement agencies upon request.

No information may be released to private profit making entity other than employers, prospective employers and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. Directory information may be disclosed without prior consent from the parent or legal guardian unless the parent or legal guardian submits a written notice to the school to deny access to his/her pupil’s directory information. Directory information regarding a pupil identified as a homeless child or youth shall not be released unless a parent, or eligible pupil, has provided written consent that directory information may be released.

The Family Educational Rights and privacy Act (FERPA), a federal law, requires that the Millbrae School District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, the district may disclose appropriately designated “directory information” without written consent, unless you have advised the district to include this type of information from your child’s education records in certain school and/or district publications. Examples include:
A playbill, showing your child’s role in a drama production
The annual yearbook
Honor roll or other recognition lists
Graduation programs
Sports activity sheets

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent/guardian’s prior written consent.
If you do not want the district to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by August 31 of each school year.

Electronic Listening or Recording Device – EC 51512
The use by any person, including a pupil, of any electronic listening or recording device in any classroom without the prior consent of the teacher and the principal is prohibited as it disrupts and impairs the teaching process and discipline in the schools. Any person, other than the pupil, willfully in violation shall be guilty of a misdemeanor. Any pupil in violation shall be subject to appropriate disciplinary action.

Electronic Nicotine Delivery Systems (e-cigarettes) – PC 308
The Millbrae Elementary School District prohibits the use of electronic nicotine delivery systems (ENDS) such as e-cigarettes, hookah pens, cigarillos, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products on all district property and in district vehicles at all times. ENDS are often made to look like cigarettes, cigars and pipes, but can also be made to look like everyday items such as pens, asthma inhalers and beverage containers. These devices are not limited to vaporizing nicotine; they can be used to vaporize other drugs such as marijuana, cocaine, and heroin.

Students using, in possession of, or offering, arranging or negotiating to sell ENDS can be subject to disciplinary action, particularly because ENDS are considered drug paraphernalia, as defined by 11014.5 of the Health and Safety Code. Section 308 of the Penal Code also states that every person under 18 years of age who purchases, receives, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, tobacco products, or any controlled substance shall, upon conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community service work.

Electronic Signaling Devices – EC 48901.5
The use by any person, including a pupil, of any electronic signaling device in any classroom without the prior consent of the teacher and the principal is prohibited as it disrupts and impairs the teaching process and discipline in the schools. The only allowable use would be acceptable if it is determined by a licensed physician that the pupil must use for the health and safety of a pupil. Any pupil in violation shall be subject to appropriate disciplinary action. Smartphone use may be prohibited by districts, charter schools, and county schools while a student is at a school site and under supervision and control of staff. There are health and special education limits or usage that may differ from the general student population, but must be in writing and kept on file in student records for confidential record keeping and reasons.

Emergency Treatment for Anaphylaxis – EC 49414
EC 49414 requires school districts to provide epinephrine auto-injectors to school nurses and trained personnel and authorizes them to use epinephrine auto-injectors for any student who may be experiencing anaphylaxis, regardless of known history. Anaphylaxis is a severe and potentially life-threatening allergic reaction that can occur after encountering an allergic trigger, such as food, medicine, an insect bite, latex or exercise. Symptoms include narrowing of the airways, rashes or hives, nausea or vomiting, a weak pulse and dizziness. It is estimated that approximately 25% of the anaphylactic reactions occur during school hours to students who had not previously been diagnosed with a food or other allergy. Without immediate administration of epinephrine followed by calling emergency medical services, death can occur. Being able to recognize and treat it quickly can save lives.

English Learners Identification Notice - EC 313.2
State law requires that parents of English learners are to be notified annually if they are identified as one of the following: Long-term English Learner or English learner at risk of becoming a Long-term English Learner. The school coordinator for English Language Development will be sending these notices at the beginning of each school year.

Entrance Health Screening – HSC 124085
State law requires that the parent or legal guardian of each pupil provide the school within 90 days after entrance to first grade documentary proof that the pupil has received a health screening examination by a doctor within the prior 18 months. Pupils may be excluded up to 5 days from school for failing to comply or not providing a waiver. Free health screening is available for eligible students through the Child Health Disabilities Prevention Program.

Free and Reduced-price Meals – EC 49510 et seq.
The school offers healthy meals every school day because children need healthy meals to learn. 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. Pupils participating in the program will not be identified, and the information on the application will be kept confidential. Applications may be submitted at any time during school hours. More information can be found on the district website at https://www.millbraeschooldistrict.org/domain/38.

Gun-Free School Zone Act – PC 626.9, 30310
California prohibits any person from possessing a firearm on, or within 1,000 feet from, the grounds of a public or private school, unless it is with the written permission of [title of the school official]. This does not apply to law enforcement officers, any active or honorably retired peace officers, members of the military forces of California or the United States, or armored vehicle guards engaged in the performance of, or acting in the scope of, their duties. A person may also be in possession of a firearm on school grounds if the firearm is unloaded and in a locked container or within the locked trunk of a motor vehicle. A violation of this law is punishable by imprisonment in a county jail for up to six months, a fine of up to $1,000, or both imprisonment and fine.

Harm or Destruction of Animals – EC 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.

Health Care Coverage – EC 49452.9
Your child and family may be eligible for free or low-cost health coverage. For information about health care coverage options and enrollment assistance, contact 1-800-300-1506 or go to CoveredCA.com. Additionally, California law allows all low-income children under 19 years old, regardless of immigration status, to enroll in Medi-Cal at any time in the year. Families can apply in person at their local county human services office, over the phone, online, with a mail-in application, or at a local health center. For more information about Medi-Cal enrollment, visit www.health4allkids.org.

Immunizations: EC 49403, 48216
Students must be immunized against certain communicable diseases. Students are prohibited from attending school unless immunization requirements are met for age and grade. The school district 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.

Beginning January 1, 2016, parents of students in any school, will no longer be allowed to submit a personal beliefs exemption to a currently required vaccine. A personal beliefs exemption on file at school prior to January 1, 2016 will continue to be valid until the student enters the next grade span at kindergarten (including transitional kindergarten) or 7th grade.

Students are not required to have immunizations if they attend a home-based private school or an independent study program and do not receive classroom-based instruction. However, parents must continue to provide immunizations records for these students to their schools. The immunization requirements do not prohibit students from accessing special education and related services required by their individualized education programs.

A student not fully immunized may be temporarily excluded from a school or other institution when that child has been exposed to a specified disease and whose documentary proof of immunization status does not show proof of immunization against one of the communicable diseases described above.

State law requires the following immunizations before a child may attend school:

(a)   All new students, in transitional kindergarten through grade 12, to the Millbrae Elementary School District must provide proof of polio, diphtheria, pertussis, tetanus, measles, and mumps, rubella, and varicella immunizations.

(b)   All transitional kindergarten and kindergarten students must also provide proof of vaccination against hepatitis B.

(c)   All seventh grade students must also provide proof of a second measles-containing vaccine, and a pertussis booster vaccine.(TDap)

Additional immunization information can be found at https://www.shotsforschool.org/k-12/.

Instruction for Pupils with Temporary Disabilities – EC 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. Please contact the Chief Educational and Administrative Officer for further information.

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.

A pupil with a temporary disability may remain enrolled in the district of residence or charter school and may attend regular classes when not confined to the hospital setting, the total days of instruction may not exceed the maximum of five days with both school settings and attendance may not be duplicated. If necessary, the district of residence may provide instruction in the home for the days not receiving instruction in the hospital setting, depending upon the temporary doctor orders. The supervisor of attendance shall ensure that absences from the regular school program are excused until the pupil is able to return to the regular school program.

An honorary high school diploma which is clearly distinguishable from the regular diploma of graduation may be awarded to a pupil who is terminally ill, from the resident governing school board, a county office of education or a charter school.

Medical or Hospital Service – EC 49472
The Millbrae Elementary School District does not provide or make available medical and hospital services for pupils who are injured in accidents related to school activity or attendance. In accordance with EC 49472, the Millbrae Elementary School District does offer a voluntary, low cost medical/dental accident insurance program. Information regarding Student Accident Insurance is sent to all families at the beginning of each school year, please refer to the Student Accident Insurance information acknowledged through Form# 5 and also available on our website.

Medication Regimen – EC 49423, 49480
The parent or legal guardian of any pupil taking medication on a regular basis must inform the district nurse and school principal 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 district nurse may communicate with the physician and may counsel with school personnel regarding the possible effects of the medication on the pupil.

Any pupil who is required to take, during the regular school day, medication prescribed by a physician may be assisted by the district nurse or other designated school personnel if the school district receives both a written statement of instructions from the physician detailing the method, amount and time schedules by which such medication is to be taken requesting the district nurse to assist the pupil with prescribed medication as set forth in the physician statement. Student may carry and self-administer auto-injectable epinephrine or inhaled asthma medication if the school district receives both a written statement of instructions from the physician detailing the method, amount and time schedules by which such medication is to be taken and a written statement from the parent or guardian requesting that the student self- administer. All requests are to be approved by district nurse prior to use.
1.Talk to your child’s doctor about making a medicine schedule so that your child does not have to take medicine while at school.
2. If your child is regularly taking medicine for an ongoing health problem, even if he or she only takes the medicine at home, give a written note to the school nurse or other designated school employee at the beginning of each school year. You must list the medicine being taken, the current amount taken, and the name of the doctor who prescribed it (EC 49480).
3. If your child must take medicine while at school, give the school a written note from you and a written note from your child’s doctor or other health care provider, who is licensed to practice in California. Provide new, updated notes at the beginning of each school year and whenever there is any change in the medicine, instructions, or doctor (EC 49423).
4. As parent or guardian, you must supply the school with all medicine your child must take during the school day. You or another adult must deliver the medicine to school, except medicine your child is authorized to carry and take by him or herself.
5. All controlled medicine, like Ritalin, must be counted and recorded on a medicine log when delivered to the school. You or another adult who delivered the medicine should verify the count by signing the log.
6. Each medicine your child must be given at school must be in a separate container labeled by a pharmacist licensed in the United States. The container must list your child’s name, doctor’s name, name of the medicine, and instructions for when to take the medicine and how much to take.
7. Pick up all discontinued, outdated, and/or unused medicine before the end of the school year.
8. Medicinal cannabis may be administered at school by parent according to local district adopted policy, which must include: no disruption of educational environment or exposure of cannabis to other students, parent administration only – no staff members to administer cannabis, removal of any remaining cannabis and packaging from school site, parent method to sign in and out for administration and medical recommendation to be kept on file according to confidential health records. The use of smoke or vape forms of cannabis is expressly forbidden on school campus.
9. Know and follow the medicinal policy of your child’s school. The school board may amend or rescind any of their policies for any reason in a public board meeting.

Megan’s Law – PC 290
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.

Mental Health - EC 49428
In order to initiate access to available pupil mental health services, you may contact your site principal. Our school district will notify parents at least twice per year. This is one time through our Annual Notifications, we will also notify you again a second time each school year, by email.

Nondiscrimination Statement – EC 221.8
The Millbrae Elementary School District is committed to providing a safe school environment where all individuals in education are afforded equal access and opportunities. The District’s academic and other educational support programs, services and activities shall be free from discrimination, harassment, intimidation, and bullying of any individual based on the person’s actual race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. Specifically, state law prohibits discrimination on the basis of gender in enrollment, counseling, and the availability of physical education, athletic activities, and sports. Transgender students shall be permitted to participate in gender-segregated school programs and activities (e.g., athletic teams, sports competitions, and field trips) and to use facilities consistent with their gender identity. The District assures that lack of English language skills will not be a barrier to admission or participation in District programs. Complaints of unlawful discrimination, harassment, intimidation, or bullying 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, please contact the Superintendent’s Office at (650) 697-5693 ext. 029.

Notice of Alternative Schools – EC 58501
“Notice of Alternative Schools” 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.
f) 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.

Open Meetings: Public Comments: Translation – GC 54954.3
As a parent, you have a right to participate in open meetings with the school district or charter school. If you require a translator, one will be provided to you with the time allotment doubled to allow for both English and primary language translation.

Oral Health Assessment – EC 49452.8 (K-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.

Parent Engagement- School Accountability – EC 11500, 11501, 11502, 11503
To participate in the district offerings of parent education and to provide parental input to the local training programs for parents, please contact your school site principal for more information on how you may contribute.

Parent Participation in School Meetings and Conferences - LC 230.8
If the parent’s employer has 25 or more employees, the parent must be allowed to attend school meetings and events for your children, up to a maximum of 40 hours each year without discrimination or fear of job loss. Purposes to attend child-related activities include: enrollment in grades 1-12, to address child care or school emergency, behavior or discipline problem that requires immediate parent attention, sudden school closure, or natural disaster. (“Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in.) If an employer discharges, threatens to discharge, demotes, suspends or otherwise discriminates against the parent, the employee may be entitled to reinstatement and reimbursement for lost income or benefits. See Labor Code 230.8 for more details.

Physical Examination – EC 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 – EC 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 Meals: EC 49557.5
Child Hunger Prevention and Fair Treatment Act of 2017

The Millbrae Elementary School District has a Meal Charge Policy about how students who pay the full or reduced cost of a school meal are impacted by not having enough cash on hand or in their account to purchase a meal. a copy of the policy, please contact the Director of Nutrition Services.

Pupil Records Obtained from Social Media – EC 49073.6
Other than the school newspaper and yearbook, the school may gather information in the forms of video, photograph, blog, texts, and emails, to maintain school and student safety. All social media information gathered will be destroyed within one year after the student turns 18 years old or one year after the student is no longer enrolled, whichever comes first.

Pupil Records – EC 49063, 49069.7, 49070
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. The District will protect the privacy of such records. Parents/guardians have the right to 1) inspect and review the pupil’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 pupil 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 pupil seeks or intends to enroll, the District shall disclose educational records without parental consent.

Parents’ request to access their pupil’s educational records must be submitted in a written form to their current school 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 pupil records are available to parents for a fee of $.20 per page.

Any challenge to school records must be submitted in writing to the Chief Educational and Administrative Officer. 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 pupil. 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. 20202-4605.

Ralph M. Brown Act: Required Notices and Agendas for Open Public Meetings: GC 54954.2, 54956, 54956.5, 54954.2, 54954.5, 54957.1, 54957.7, and 54954.2(b)
REGULAR MEETINGS: Agenda items in 20 words or less, posted within 72 hours of meeting.
SPECIAL MEETINGS: Twenty-four hour notice must be provided to members of legislative body and media outlets including brief general description of matters to be considered or discussed.
EMERGENCY MEETINGS: One hour notice in case of work stoppage or crippling activity, except in the case of a dire emergency.
CLOSED SESSION AGENDAS: All items to be considered in closed session must be described in the notice or agenda for the meeting. The body must orally announce the subject matter of the closed session. If final action is taken in closed session, the body generally must report the action at the conclusion of the closed session.
AGENDA EXCEPTION: Special procedures permit a body to proceed without an agenda in the case of emergency circumstances, or where a need for immediate action came to the attention of the body after posting of the agenda.

Rights of Parents and Guardians to Information - EC 51101
The parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:

Within a reasonable period of time after making the request, to observe their child’s classroom(s).

Within a reasonable time of their request, to meet with their child's teacher(s) and the principal.

To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher.

To be notified on a timely basis if their child is absent from school without permission.

To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of their child’s school on standardized statewide tests.

To request a particular school for their child, and to receive a response from the school district.

To have a school environment for their child that is safe and supportive of learning.

To examine the curriculum materials of their child’s class(es).

To be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child.

To have access to the school records of their child.

To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish.

To be informed in advance about school rules, including disciplinary rules and procedures, attendance policies, dress codes, and procedures for visiting the school.

To receive information about any psychological testing the school does involving their child and to deny permission to give the test.

To participate as a member of a parent advisory committee, school site council, or site-based management leadership team.

To question anything in their child's record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.

To be notified, as early in the school year as practicable, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.

Safe Place to Learn Act – EC 234 and 234.1
The Millbrae Elementary School District is committed to maintaining a learning environment that is free from discrimination, harassment, violence, intimidation, and bullying based on actual or perceived characteristics set forth in Section 422.55 of the Penal Code and EC 220, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. All school personnel who witness an act of discrimination, harassment, intimidation, or bullying must take immediate steps to intervene when safe to do so. Any student who engages in acts of discrimination, harassment, violence, intimidation, or bullying related to school activity or school attendance occurring within a school of the school district may be subject to disciplinary action up to and including expulsion. To report an incidence and/or to receive a copy of the district’s antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, please contact the office of the Superintendent.

School Visiting Procedures – EC 51101(a)(12)
Visitors to our schools must sign in at the school office upon entering the campus for the safety of our staff and students. You will find a sign posting where to sign in at each entrance to our school sites.

Search of School Lockers – EC 49050
School lockers remain the property of the Millbrae Elementary School District, even when assigned to students. The lockers are subject to search whenever the District finds a need to do so. The use of the school locker for other than school-related purposes is prohibited. Improper use of school lockers will result in disciplinary action.

Section 504 – 29 USC 794, 34 CFR 104.32
Section 504 of the Rehabilitation Act of 1973 is a federal law which prohibits discrimination against persons with a disability. The Millbrae Elementary School District provides a free and appropriate public education to all pupils regardless of the nature or severity of their disability. The District has a responsibility to identify, evaluate, and if eligible, provide pupils with disabilities the same opportunity to benefit from education programs, services, or activities as provided to their non-disabled peers. To qualify for Section 504 protections, the pupil must have a mental or physical impairment which substantially limits one or more major life activity. For additional information about the rights of parents of eligible pupils, or questions regarding the identification, evaluation, and eligibility of Section 504 protections, please contact the Section 504 Coordinator, Tara Keith at tkeith@millbraesd.org.

Sexual Abuse and Sex Trafficking Prevention – EC 51950 and 51900.6
Our schools provide age-appropriate instruction for students in kindergarten through grade 12, in sexual abuse, sexual assault awareness, sex trafficking, strategies to reduce their risk, techniques to set healthy boundaries, and how to safely report an incident through prevention education. Parents or guardians may submit a written request to excuse their child from participation in any class and assessments related to that education.

Sexual Harassment – EC 231.5, 48980(f)
The Millbrae Elementary School District is committed to maintaining a learning and working environment that is free from sexual harassment. Any student who engages in sexual harassment of anyone in or from the district may be subject to disciplinary action up to and including expulsion. Any employee who permits, engages in, or fails to report sexual harassment shall be subject to disciplinary action up to and including dismissal. For a copy of the district’s sexual harassment policy or to report incidences of sexual harassment, please contact Tara Keith; tkeith@millbraesd.org.

Special Education – Use of Assistive Technology – EC 56040.3
Upon exiting the school district, students may continue to use the assistive technology devices provided by the school as -determined by the IEP team offer for a maximum of two months until a replacement or comparable device is obtained.

Suicide Prevention Policies: EC 215
Student suicide rates are of concern to all members of the school community. One child, ages 12 and older, dies by suicide every five days in California. Local Districts were required by California law to provide suicide prevention education, according to age-appropriate and sensitive local policies, for grades 7 to 12. Legislators have determined that training in mental health and coordination around improved services is extended to our elementary students. A shared goal by all staff educators is to keep a safe place to learn, free from harm to any of our students.

Surveys – EC 51513 and 51514
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. Questions pertaining to the sexual orientation and gender identity of a student shall not be removed from a survey that already includes them.

Title IX – EC 221.61
Title IX of the Education Amendments of 1972 is one of several federal and state anti-discrimination laws that ensure equality in educational programs and activities that receive federal funding. Specifically, Title IX protects male and female pupils and employees, as well as transgender pupils and pupils who do not conform to sex stereotypes, against discrimination based on sex, including sexual harassment. California law also prohibits discrimination based on gender, gender expression, gender identity, and sexual orientation. Under Title IX, pupils may not be discriminated against based on their parental, family, or marital status, and pregnant and parenting pupils may not be excluded from participating in any educational program, including extracurricular activities, for which they qualify. For more information about Title IX, or how to file a complaint of noncompliance with Title IX, contact: Tara Keith, (650) 697-5693 ext. 020, tkeith@millbraesd.org and/or visit https://www.millbraeschooldistrict.org/Page/183.

Tobacco-free Campus - BPC 22950.5
The use of tobacco and nicotine products is prohibited on school or district grounds, buildings, and vehicles, and within 250 feet of a youth sports event. Tobacco product includes, but is not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, or an electronic device (e.g., electronic cigarette, cigar, pipe, or hookah) that delivers nicotine or other vaporized liquids.

Victim of a Violent Crime – 20 USC 7912
A pupil who becomes a victim of a violent crime while in or on the school grounds must be offered the opportunity to transfer to a safe public school within the school district, including a public charter school, within ten calendar days. If there is not another school within the area served by the district, the district is encouraged, but not required, to explore other appropriate options such as an agreement with a neighboring school district to accept pupils through an interdistrict transfer. Primary examples of violent criminal offenses in the Penal Code include attempted murder, battery with serious bodily injury, assault with a deadly weapon, rape, sexual battery, robbery, extortion, and hate crimes. For more information, please contact the Superintendent’s office.

Williams Complaint Policy & Procedure – EC 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, then a complaint form may be obtained at the District Office. 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.