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Section I: Student Rights

Section I: Student Rights

  • 1

    EQUAL EDUCATIONAL OPPORTUNITY

    Schools must provide all students an opportunity to receive a Free Appropriate Public Education (FAPE). Students have the right to attend school until the age of 18 or graduation from high school, unless receiving Special Education services and support can extend through age of 21.

    Equal Access for Every Student

    No student can be prevented from participating in any program because of his or her:

    Ethnic Group Religion Gender Color Race National Origin Physical Disability Mental Disability Marital Status Parental Status Sexual Orientation

    Students have the right to equal educational opportunity without interference from other students or individuals.

    1

    EQUAL EDUCATIONAL OPPORTUNITY

    Schools must provide all students an opportunity to receive a Free Appropriate Public Education (FAPE). Students have the right to attend school until the age of 18 or graduation from high school, unless receiving Special Education services and support can extend through age of 21.

    Equal Access for Every Student

    No student can be prevented from participating in any program because of his or her:

    Ethnic Group Religion Gender Color Race National Origin Physical Disability Mental Disability Marital Status Parental Status Sexual Orientation

    Students have the right to equal educational opportunity without interference from other students or individuals.

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    EXERCISE FREE EXPRESSION

    Freedom of Speech

    Students shall have the right to exercise freedom of speech and of the press including, but not limited to:

    Use of Bulletin Boards Printed Materials or Petitions Buttons and Badges Other Insignia Official Publications

    School Newspapers & Limitations

    Students writing for school newspapers have the right to exercise freedom of speech, except expression that is:

    • Obscene
    • Libelous or slanderous
    • Expression that so incites students as to create a clear and present danger of unlawful acts on school grounds
    • Expression that causes disruption of school operations

    Applicable Education Code

    Students’ freedom of expression shall be further limited only as authorized by Education Code sections 48907, 48950, and other applicable state and federal laws.

    Other Forms of Expression

    Students are entitled to express themselves by displaying or wearing symbols of ethnic, cultural, political, or other values, except for items commonly considered gang-related in our community.

    Where individual schools have a dress code prohibiting gang-related apparel at school or school activities, the definition of “gang related apparel” shall be defined in the school safety plan.

    Policy Reference: Board Policy and Administrative Regulation 5145

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    FREEDOM FROM SEXUAL HARASSMENT

    A Safe Educational Environment

    Students have the right to learn in an educational environment free of sexual harassment.

    This means they are entitled to attend school without being subjected to unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature.

    District Commitment

    Stockton Unified School District is committed to providing educational programs, activities, and services that are free from unlawful discrimination based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression, as required by Title IX of the Education Amendments of 1972.

    Sexual Harassment Policy & Procedures

    For more information on our Sexual Harassment policy and procedures, please see BP 5145.7 and AR 5145.7.

    Summary of Student Rights

    Education Code section 221.8

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    You have the right to fair and equitable treatment and to be free from discrimination based on your sex.

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    You have the right to an equitable opportunity to participate in all academic extracurricular activities, including athletics.

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    You have the right to ask the athletic director of your school about the athletic opportunities offered by the school.

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    You have the right to apply for athletic scholarships.

    You Have the Right to Equitable Treatment and Benefits In:

    Equipment and supplies
    Scheduling of games and practices
    Transportation and daily allowances
    Access to tutoring
    Coaching
    Locker rooms
    Practice and competitive facilities
    Medical and training facilities and services
    Publicity
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    You have access to a gender equity coordinator to answer questions about gender equity laws.

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    You have the right to contact the California Department of Education (CDE) and the California Interscholastic Federation (CIF) for information on gender equity laws.

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    You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights (OCR) or CDE if you believe you have been discriminated against or received unequal treatment on the basis of your sex.

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    You have the right to pursue civil remedies if you have been discriminated against.

    Protection From Retaliation

    You have the right to be protected from retaliation if you file a discrimination complaint.

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    FREEDOM OF ASSEMBLY

    Equal Access for Student Groups

    Student organizations, clubs and groups will be given equal access to meet on school premises during reasonable, designated times.

    Access to School Media

    School Newspaper
    Bulletin Boards
    Public Address System
    Designated School Meeting Spaces

    Student organizations, clubs and groups may utilize these resources in accordance with Board Policy and Administrative Regulation 6145.5 .

  • 5

    RIGHTS OF MARRIED, PREGNANT AND PARENTING STUDENTS

    Supporting Student Success

    The Board of Education recognizes that responsibilities related to marriage, pregnancy, or parenting and related responsibilities may disrupt a student’s education and increase the chance of a student dropping out of school.

    The Board therefore desires to support married, pregnant, and parenting students to continue their education, attain strong academic and parenting skills, and promote the healthy development of their children.

    Equal Access to Educational Programs

    The district shall not exclude or deny any student from any educational program or activity, including any class or extracurricular activity, solely on the basis of the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or related recovery.

    In addition, the district shall not adopt any rule concerning a student’s actual or potential parental, family, or marital status that treats students differently on the basis of sex.

    Notification of Rights

    The Superintendent or designee shall annually notify parents/ guardians at the beginning of the school year of the rights and options available to pregnant and parenting students under the law.

    Pregnant and parenting students shall also be notified of the rights and options available to them through annual school year welcome packets and independent study packets.

    Rights of Married Students

    For school-related purposes, a student under the age of 18 years who enters into a valid marriage shall have all the rights and privileges of students who are 18 years old, even if the marriage has been dissolved.

    Right to Continue Education

    Pregnant and parenting students shall retain the right to participate in the regular education program or an alternative education program.

    The classroom setting shall be the preferred instructional strategy unless an alternative is necessary to meet the needs of the student and/or the student’s child.

    Any alternative education program, activity, or course offered separately to pregnant or parenting students, including any class or extracurricular activity, shall be equal to that offered to other district students. Participation in such programs shall be voluntary.

    Medical Certification

    If required for students with any other temporary disabling condition, the Superintendent or designee may require a student, based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or related recovery, to obtain certification from a physician or nurse practitioner indicating that the student is physically and emotionally able to continue participation in the regular education program or activity.

    Educational & Support Services

    To the extent feasible, the district shall provide educational and related support services, either directly or in collaboration with community agencies and organizations, to meet the needs of pregnant and parenting students and their children.

    Such services may include, but are not limited to:

    1. Child care and development services for the children of parenting students on or near school site(s) during the school day and during school-sponsored activities
    2. Parenting education and life skills instruction
    3. Special school nutrition supplements for pregnant and lactating students
    4. Health care services, including prenatal care
    5. Tobacco, alcohol, and/or drug prevention and intervention services
    6. Academic and personal counseling
    7. Supplemental instruction to assist students in achieving grade-level academic standards and progressing toward graduation

    Staff Support

    As appropriate, teachers, administrators, and/or other personnel who work with pregnant and parenting students shall receive related professional development.

    Excused Absences

    Pregnant or parenting students may be excused for absences for medical appointments and other purposes specified in BP/AR 5113 - Absences and Excuses.

    A student shall be excused for absences to care for a sick child for whom the student is the custodial parent. A note from a physician shall not be required for such an absence.

    8 Weeks of Parental Leave

    Parental Leave

    A pregnant or parenting student shall be entitled to eight weeks of parental leave in order to protect the health of the student who gives or expects to give birth and the infant, and to allow the pregnant or parenting student to care for and bond with the infant.

    Such leave may be taken before the birth of the student’s infant if there is a medical necessity and after childbirth during the school year in which the birth takes place, inclusive of any mandatory summer instruction.

    The Superintendent or designee may grant parental leave beyond eight weeks if deemed medically necessary by the student’s physician.

    The student, if age 18 years or older, or the student’s parent/ guardian shall notify the school of the student’s intent to take parental leave. No student shall be required to take all or part of the parental leave.

    During Parental Leave

    When a student takes parental leave, the attendance supervisor shall ensure that absences from the regular school program are excused until the student is able to return to the regular school program or an alternative education program.

    A pregnant or parenting student shall not be required to complete academic work or other school requirements during the period of parental leave.

    Returning to School After Leave

    Following the leave, a pregnant or parenting student may elect to return to the school and the course of study in which the student was enrolled before taking parental leave or to an alternative education option provided by the district.

    Upon return to school, a pregnant or parenting student shall have opportunities to make up work missed during the leave, including, but not limited to, makeup work plans and reenrollment in courses.

    When necessary to complete high school graduation requirements, the student may remain enrolled in school for a fifth year of instruction, unless the Superintendent or designee makes a finding that the student is reasonably able to complete district graduation requirements in time to graduate by the end of the fourth year of high school.

    Educational Accommodations

    When necessary, the district shall provide accommodations to enable a pregnant or parenting student to access the educational program.

    A pregnant student shall have access to any services available to other students with temporary disabilities or medical conditions.

    Accommodations for Lactating Students

    The school shall provide reasonable accommodations to any lactating student to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding.

    A student shall not incur an academic penalty for using any of these reasonable accommodations and shall be provided the opportunity to make up any work missed due to such use.

    Reasonable accommodations include, but are not limited to:

    1. Access to a private and secure room, other than a restroom, to express breast milk or breastfeed an infant child
    2. Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk
    3. Access to a power source for a breast pump or any other equipment used to express breast milk
    4. Access to a place to store expressed breast milk safely
    5. A reasonable amount of time to accommodate the student’s need to express breast milk or breastfeed an infant child

    Complaints & Appeals

    Any complaint alleging discrimination on the basis of pregnancy or marital or parental status, district noncompliance with the requirements of Education Code 46015, or district noncompliance with the requirement to provide reasonable accommodations for lactating students shall be addressed through the district’s uniform complaint procedures in accordance with 5 CCR 4600-4670 and BP/AR 1312.3 - Uniform Complaint Procedures.

    A complainant who is not satisfied with the district’s decision may appeal the decision to the California Department of Education (CDE).

    If the district or CDE finds merit in an appeal, the district shall provide a remedy to the affected student.

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    UNIFORM COMPLAINT PROCEDURES

    Annual Notification

    The Stockton Unified School District (SUSD) annually notifies students, employees, parents/guardians of our students, the district advisory committee, school advisory committees, appropriate private school officials, and other interested parties of the Uniform Complaint Procedures (UCP) process.

    District Responsibility

    SUSD is primarily responsible for compliance with federal and state laws and regulations, including those related to unlawful discrimination, harassment, intimidation or bullying against any protected group, and all programs and activities that are subject to the UCP.

    Programs & Activities Covered by UCP

    • Accommodations for Pregnant and Parenting Pupils
    • Adult Education
    • After School Education and Safety
    • Agricultural Career Technical Education
    • Career technical education and training programs
    • Child care and development programs
    • Compensatory Education
    • Consolidated categorical aid programs
    • Course Periods without Educational Content
    • Discrimination, harassment, intimidation, or bullying against any protected group as identified under Education Code sections 200 and 220 and Government Code section 11135
    • Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families, and pupils formerly in Juvenile Court now enrolled in a school district
    • Every Student Succeeds Act
    • Local Control and Accountability Plans (LCAP)
    • Migrant Education
    • Physical Education Instructional Minutes
    • Pupil Fees
    • Reasonable Accommodations to a Lactating Pupil
    • Regional Occupational Centers and Programs
    • School Plans for Student Achievement
    • School Safety Plans
    • School Site Councils
    • State Preschool
    • State Preschool Health and Safety Issues in LEAs Exempt from Licensing
    • Any other state or federal educational program the State Superintendent of Public Instruction (SSPI), California Department of Education (CDE), or designee deems appropriate

    What Is Considered a Pupil Fee?

    A pupil fee includes, but is not limited to, all of the following:

    1. A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.
    2. A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.
    3. A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.

    Filing a Pupil Fee or LCAP Complaint

    A pupil fees complaint may be filed with the principal of a school or the Superintendent or designee.

    A pupil fees and/or LCAP complaint may be filed anonymously; however, the complainant must provide evidence or information leading to evidence to support the complaint.

    A pupil enrolled in a school in our district shall not be required to pay a pupil fee for participation in an educational activity.

    A UCP complaint shall be filed no later than one year from the date the alleged violation occurred.

    Educational Rights Notices

    We shall post a standardized notice of the educational rights of pupils in foster care, pupils who are homeless, former juvenile court pupils now enrolled in a school district, and pupils in military families as specified in Education Code sections 48645.7, 48853, 48853.5, 49069.5, 51225.1, and 51225.2.

    This notice shall include complaint process information, as applicable.

    State Preschool Health & Safety

    A notice of health and safety issues pursuant to HSC section 1596.7925 shall be posted in each state preschool classroom program.

    1. The notice shall state the health and safety requirements under Title 5 of the California Code of Regulations that apply to California state preschool programs pursuant to HSC section 1596.7925.
    2. The notice shall state the location at which to obtain a form to file a state preschool health and safety issues complaint.

    Uniform Complaint Procedures Contact

    Joanne Castillo
    Director, Constituent Services

    (209) 933-7037 ext. 2195

    JMCastillo@stocktonusd.net

    Investigation & Decision Timeline

    60 Days Complaints will be investigated and a written report with a decision will be sent to the complainant within sixty (60) days from receipt of the complaint.
    Possible Extension The time period may be extended by written agreement of the complainant.

    The person responsible for investigating the complaint shall conduct and complete the investigation in accordance with the district’s UCP policies and procedures.

    Right to Appeal

    The complainant has a right to appeal the district’s Investigation Report to the California Department of Education (CDE) for complaints regarding programs within the scope of the UCP.

    The written appeal must be filed within 30 days of receiving the Investigation Report.

    The appeal must be accompanied by a copy of the originally filed complaint and a copy of the district’s decision.

    Civil Law Remedies

    We advise any complainant of civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable.

    Uniform Complaint Procedures

    Copies of the district’s Uniform Complaint Procedures process shall be available free of charge and are also available on the district website: District Website

    Policy Reference: Board Policy BP 1312.3 and Administrative Regulation AR 1312.3

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    SECTION 504 COMPLAINT POLICY AND PROCEDURE

    Notification & Procedural Safeguards

    The Superintendent or designee shall notify the parents/ guardians of students with disabilities of all actions and decisions by the District regarding the identification, evaluation, or educational placement of their children.

    He/she also shall notify the parents/guardians of all the procedural safeguards available to them if they disagree with the District’s action or decision, including an opportunity to examine all relevant records and an impartial hearing in which they shall have the right to participate. (34 CFR § 104.36)

    Requesting a Section 504 Due Process Hearing

    If a parent/guardian disagrees with any District action or decision regarding the identification, evaluation, or educational placement of his/her child under Section 504, he/she may request a Section 504 due process hearing within 30 days of that action or decision.

    Optional Administrative Review

    Prior to requesting a Section 504 due process hearing, the parent/guardian may, at his/her discretion, but within 30 days of the District’s action or decision, request an administrative review of the action or decision by contacting the District 504 Coordinator.

    The Coordinator shall designate an appropriate administrator to meet with the parent/guardian to attempt to resolve the issue. The administrative review shall be held within 14 days of receiving the parent/guardian’s request.

    If the parent/guardian is not satisfied with the resolution of the issue, or if the parent/guardian did not request an administrative review, he/she may request a Section 504 due process hearing.

    District Section 504 Coordinator

    Jennifer Robles
    Student Services

    (209) 933-7130 ext. 2617

    jrobles@stocktonusd.net

    Important Due Process Timelines

    Key deadlines in the Section 504 complaint process

    30 Days
    Request Review or Hearing

    A parent/guardian may request an administrative review or Section 504 due process hearing within 30 days of the District’s action or decision.

    14 Days
    Administrative Review

    An administrative review shall be held within 14 days of receiving the parent/guardian’s request.

    45 Days
    Hearing & Decision

    Following selection of the hearing officer, the hearing and written decision shall occur within 45 days, unless extended as permitted.

    Written Request for a Due Process Hearing

    The parent/guardian shall submit a written request to the Coordinator within 30 days of receiving the District’s decision or, if an administrative review is held, within 14 days of completion of the review.

    The request for the due process hearing shall include:

    1. The specific nature of the decision with which he/she disagrees.
    2. The specific relief he/she seeks.
    3. Any other information he/she believes is pertinent to resolving the disagreement.

    Section 504 Due Process Procedure

    1
    Submit the Written Request

    The parent/guardian submits the written request to the District 504 Coordinator within the applicable timeline.

    2
    Selection of an Impartial Hearing Officer

    Within 30 days of receiving the parent/guardian’s request, the Superintendent or designee and 504 Coordinator shall select an impartial hearing officer. This 30-day deadline may be extended for good cause or by mutual agreement of the parties.

    3
    Due Process Hearing & Written Decision

    Within 45 days of the selection of the hearing officer, the Section 504 due process hearing shall be conducted and a written decision mailed to all parties. This 45-day deadline may be extended for good cause or by mutual agreement of the parties.

    Rights of the Parties at the Hearing

    • Be accompanied and advised by legal counsel and by individuals with special knowledge or training related to the problems of students with disabilities under Section 504.
    • Present written and oral evidence.
    • Question and cross-examine witnesses.
    • Receive written findings by the hearing officer stating the decision and explaining the reasons for the decision.

    Review of the Hearing Officer’s Decision

    If desired, either party may seek a review of the hearing officer’s decision by a federal court of competent jurisdiction.

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    REASONABLE SEARCHES

    When a Search May Be Conducted

    A principal or designee may conduct a reasonable search of a student’s person, a student’s belongings in the student’s possession or in the student’s locker or desk, or of the student’s vehicle parked on District property when there is reasonable, articulable suspicion to suspect the student possesses contraband.

    Areas That May Be Searched

    Student’s Person
    Personal Belongings
    Locker or Desk
    Vehicle Parked on District Property

    Examples of Contraband

    Contraband may include:

    Illegal Substances Drug Paraphernalia Weapons Other Objects or Substances That May Be Injurious

    Lockers & Desks

    While school authorities will respect the rights of each student in the use of his/her locker and desk, lockers and desks are the property of the school and are assigned to students for the purpose of storing school-related materials and items essential to the physical well-being of the student.

    The District will conduct searches pursuant to the procedures included in Board Policy and Administrative Regulation 5145.12 .