School Safety

SCHOOL SAFETY

All Fresno Unified schools, offices, departments, Neighborhood Resource Centers, and buses are designated as a Safe Place. Safe Place Is a national program which provides access to Immediate help and supportive resources for all young people in crisis through a network of sites sustained by qualified agencies, trained volunteers and businesses. Fresno Unified schools displaying the distinctive “Safe Place” signs serve as access points for at-risk youth who are in need of assistance.

Locked Gates

For increased safety of students, and staff, the Fresno Unified School District policy on open gates is that all gates will remain locked during school hours with the exception of one gate near the main office.

LOCK DOWN/FIRE DRILLS, EARTHQUAKE, RE-UNIFICATION PREPAREDNESS DRILLS – DISTRICT POLICY

In order to better prepare our staff/students Fresno Unified requires the following drills be practiced each school year:

Elementary and Middle School

• 1 fire drill per month
• 4 lock-down drills per year
• 4 earthquake preparedness drills per year
• 2 Re-Unification Drills per school year

High School

• 3 fire drills per year.
• 4 lock-down drills per year
• 2 earthquake preparedness drills per year
• 2 Re-Unification Drills per school year

(Lockdown drills should be held during the following times: 1 before school, 1 after school, 1 during lunch and 1 during instruction period. Fire Drills should be held during the following times: 1 before/after school, 1 during lunch, 1 during instruction period.)

EMERGENCY AND CRISIS INFORMATION

ParentSquare’s Urgent Alert: Emergency Text Notification System

What is ParentSquare’s Urgent Alert:?

ParentSquare is Fresno Unified’s emergency text notification system. ParentSquare will send a text message to the cell phones of parents or guardians in the event of a safety issue or incident that occurs on or near school sites. This system provides an additional tool for quickly notifying parents/guardians and staff, above and beyond the district’s current SchoolMessenger notification system. Because a text message only allows for 160 characters, messages will be brief, but will provide pertinent details and any necessary instructions.

What kind of safety issue will warrant a ParentSquare Urgent Alert?

The district has given that question a lot of thought and have determined the system will be used in the event there is a safety issue at a school site that is going to 1) disrupt the school day or 2) cause an early dismissal. So, for example:

• Gas leak
• Water main break that requires early dismissal
• Foggy day schedule impacting classes or buses
• School cancellation (district-wide power or phone outage for example)
• Full-scale reunification causing early dismissal
• Lockdowns that impact arrival and dismissal

It is extremely important that parents/guardians are aware of this communication tool. We can’t emphasize enough how vital it is that you include an updated cell phone number on the yellow emergency card and update the school sites and/or your ATLAS Parent Portal when you change your emergency contact information, especially your cell phone number. We want to encourage each parent/guardian to notify your child’s school when your cell phone number changes. Please be sure to notify your child’s school, provide the school with your new cell phone number so you do not miss any ParentSquare Urgent Alerts, in the event there is a safety issue at school.

For more information on ParentSquare including how to register, please visit the district website at www.fresnounified.org.

In the event of a city-wide emergency while your child is in school, listen to these stations for updated information:

RADIO STATIONS

English: AM-580, FM -89.3, FM -99.3
Spanish: AM-790, FM-92.9, FM-101.9
Hmong: AM-900

TV STATIONS

English Channels: 24, 26, 30, & 47
Spanish Channel: 21 Hmong Channel: 32.6 (Hmong TV Network)

In the event of a crisis, emergency response teams are sent immediately to school site(s). ParentSquare Urgent Alerts, letters and/or telephone messages are sent to families regarding the emergency. School district staff are available to help with concerns.

STUDENT RESOURCE OFFICERS (SRO)

Each comprehensive high school and middle school, as well as DeWolf, Cambridge and Phoenix Secondary have an SRO assigned to their campus. The SRO is a Police Officer employed through a contractual agreement with the Fresno Police Department to provide a police presence and assist in deterring crime on and around the campus. The SRO assists the site administration in keeping our schools safe. The SRO supervising sergeants are a member of the Fresno Unified Safety/Security Office team. Any complaints of an SRO regarding a student, please contact the Fresno Unified Safety Office at 457-3981.

CRIME STOPPERS

Fresno Unified and Crime Stoppers (Fresno Police Department) are working together to make our community a safer place. This program, through anonymous tips has helped us prevent possible crimes and solve crimes that have already occurred.

If your student is aware or has information of a possible crime, such as a fight, graffiti, bullying or drug sales, their tip may stop it from happening. If your student knows of someone at school with something illegal, such as weapons, or drugs, their tip may help get those items off their campus. Your student can report their information anonymously. All tips are and will be anonymous; no one will know their name. Should your student’s tip help solve a crime, they may be eligible for a small amount of cash.

Help stop crime in your school and community. Call Crime Stoppers at 498-STOP (7867) or tell an adult at your school, at home, or the school’s Student Resource Officer. If there are any threats made, contact the Fresno Police Department at (559) 621-7000.

CIVILITY POLICY

B.P./A.R 1265

Maintaining an environment supportive of learning and free of disruptive conduct is important to the success of our children’s education. To further this goal, it is the intent of the district to promote, through this policy, mutual respect, civility and orderly conduct among district employees, parents/guardians, and other members of the public. It is also the intent of this policy to encourage positive communication and discourage disruptive, volatile, hostile or aggressive communication or actions. Furthermore, this policy is intended to maintain, to the extent possible, a safe, harassment-free workplace for teachers, students, administrators, other staff, parents/guardians and the public. It is not the district’s intent to deprive any person of their right to freedom of expression. The district encourages the public’s cooperation with and adherence to this policy.

Expected Level of Behavior:

1. District employees and representatives should treat parents/guardians and other members of the public with civility, courtesy and respect.
2. Parents/guardians and other members of the public should treat staff and students and each other, while on school grounds and/or participating in school-related activities, with civility, courtesy and respect.

Unacceptable/Disruptive Behavior:

Any conduct that disrupts or interferes with the discipline, good order, lawful conduct or administration of any school class or activity of the school or district, constitutes unacceptable conduct behavior. Unacceptable conduct includes but is not limited to:

1. Disruption of or threats to disrupt school classrooms, activities, and/or operations;
2. Threats to the health and safety of students or district employees;
3. Battery or assault upon students, district employees or other persons;
4. Using obscenities or speaking in a demanding, loud, insulting and/or demeaning manner; and/or
5. Unauthorized entry onto district premises and school grounds.
6. Recourse Available to Parents/Guardians and Public in handling

Unacceptable/Disruptive Behavior:

The Superintendent or designee shall establish regulations and procedures as necessary to provide a complaint process for alleged violations of the Civility Policy.

GANG INVOLVEMENT

Warning signs of gang involvement:

Individual:

• Challenging of authority at home and school;
• Hanging around areas of gang activity;
• Possession of weapons;
• Use of gang language or hand signs;
• Frequent contacts with law enforcement;
• Possession of expensive articles;
• Clothing predominantly of one color/common dress with a gang;
• Wearing sports clothing with no interest in the sport;
• Graffiti; and/or
• Tattoos

Family:

• Avoiding family functions;
• Loss of interest in the family and school;
• Sudden demand for privacy or freedom;
• Frequent and increasing combative behavior
• Loss of old friends;
• New friends with negative influence

For more information, please contact your child’s school.

GENDER AND IDENTITY INCLUSION

B.P. 5145.31

The Governing Board is committed to addressing the safety needs of all students, including those needs related to a student’s actual or perceived gender identity, gender expression, or sexual orientation. The purpose of this Board Policy is to set out guidelines regarding issues related to transgender and gender expansive/gender non-conforming students.

The Board recognizes that a safe and civil school environment is necessary for students to have equal access and opportunities in the district’s academic, extracurricular, and other educational support programs, services, and activities; and is integral to student success.

The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying targeted at any student by anyone, based on the student’s actual or perceived sex, sexual orientation, gender, gender identity, or gender expression, race, ancestry, national origin, ethnicity, ethnic group identification, age, religion, color, marital or parental status, physical or mental disability, age or, 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 (42 USC 2000d-2000e-17, 20 USC 1681-1688, Education Code 200, 220, 221.5 (f)).

ANTI-BULLYING

B.P. 5131.2

The Governing Board recognizes the harmful effects of bullying on student learning and school attendance and desires to provide safe school environments that protect students from physical and emotional harm. District employees shall establish student safety as a high priority and shall not tolerate bullying of any student.

No individual or group of students shall, through physical, written, verbal, or other means, harass, sexually harass, threaten, intimidate, retaliate, cyberbully, cause bodily injury to, or commit hate violence against any other student or school personnel.

Bullying is an unwanted, aggressive behavior that involves a real or perceived imbalance of power between individuals with the intent to cause emotional or physical harm. Bullying can be physical, verbal, or social/relational and involves repetition or potential repetition of a deliberate act.

Cyberbullying includes creation or the transmission of harassing communications, direct threats, or other harmful texts, sounds, or images on the Internet, social media, or other technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes unauthorized access of another person’s electronic account or assuming that person’s online identity in order to damage that person’s reputation.

Strategies for addressing bullying in district schools shall be developed with involvement of key stakeholders including students, parents/guardians, and staff, and may be incorporated into the comprehensive safety plan, the local control and accountability plan, and other applicable district and school plans.

Bullying Prevention

To the extent possible, district and school strategies shall focus on prevention of bullying by establishing clear rules for student conduct and strategies to establish a positive, collaborative school climate. Students shall be informed, through student handbooks and other appropriate means, of district and school rules related to bullying, mechanisms available for reporting incidents or threats, and the consequences for perpetrators of bullying.

The district may provide students with instruction, in the classroom or other educational settings, that promotes effective communication and conflict resolution skills, social skills, character/values education, respect for cultural and individual differences, self-esteem development, assertiveness skills, and appropriate online behavior.

Staff shall receive related professional development, including information about early warning signs of harassing/intimidating behaviors and effective response and obligation to prevent such instances.

Based on an assessment of bullying incidents at school, the Superintendent or designee may increase supervision and security in areas where bullying most often occurs, such as classrooms, playgrounds, hallways, restrooms, cafeterias.

Intervention

Students are encouraged to notify school staff when they are being bullied or suspect that another student is being victimized. In addition, the Superintendent or designee shall develop means for students to report threats or incidents confidentially and anonymously.

School staff who witness an act of bullying shall immediately intervene to stop the incident when it is safe to do so. (Education Code 234.1)

When appropriate based on the severity or pervasiveness of the bullying, the Superintendent or designee shall notify the parents/guardians of victims and perpetrators. and may contact law enforcement.

The Superintendent, principal, or principal’s designee may refer a victim, witness, perpetrator, or other student affected by an act of bullying to a school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and/or participation in a restorative justice process as appropriate. (Education Code 48900.9)

When a report of bullying is submitted, the principal or a district compliance officer shall inform the student or parent/guardian of the right to file a formal written complaint in accordance with A.R. 1312.3. The student who is the alleged victim of the bullying shall be given an opportunity to describe the incident, identify witnesses who may have relevant information, and provide other evidence of bullying.

Students may submit to a teacher or administrator a verbal or written complaint of conduct they consider to be bullying. Complaints of bullying shall be investigated and resolved in accordance with site-level grievance procedures specified in A.R. 5145.7 – Sexual Harassment.

When a student is reported to be engaging in bullying off campus, the Superintendent or designee shall investigate and document the activity and shall identify specific facts or circumstances that explain the impact or potential impact on school activity, school attendance, or the targeted student’s educational performance.

When circumstances involve cyberbullying , individuals with information about the activity shall be encouraged to save and print any electronic or digital messages that they feel constitute cyberbullying and to notify a teacher, the principal, or other employee so that the matter may be investigated.

When a student uses a social networking site or service to bully or harass another student, the Superintendent or designee may file a request with the networking site or service to suspend the privileges of the student and to have the material removed.

Corrective actions for a student who commits an act of bullying of any type may include counseling, behavioral intervention and education, and, if the behavior is severe or pervasive as defined in Education Code 48900, may include suspension or expulsion in accordance with district policies and regulations.

SUICIDE PREVENTION, INTERVENTION, AND POST-INTERVENTION

AB2246, AB1767, B.P./A.R. 5141.52

The Governing Board recognizes that suicide is a leading cause of death among youth and that school personnel who regularly interact with students are often in a position to recognize the warning signs of suicide and to offer appropriate referral and/or assistance. To attempt to reduce suicidal behavior and its impact on students and families, the Superintendent or designee shall develop measures and strategies for suicide prevention, intervention, and post-intervention

1. Staff development on suicide awareness and prevention for teachers, school counselors, school psychologists, school social workers, site administrators, and other district employees who interact with students in grades K-12.
2. Instruction to students in problem-solving and coping skills to promote students’ mental, emotional, and social health and well-being, as well as instruction in recognizing and appropriately responding to warning signs of suicidal intent in others.
3. Methods for promoting a positive school climate that enhances students’ feelings of connectedness with the school and that is characterized by caring staff and harmonious interrelationships among students in grades K-12.
4. The provision of information to parents/guardians regarding risk factors and warning signs of suicide, the severity of the youth suicide problem, the district’s suicide prevention curriculum, basic steps for helping suicidal youth, and/or school and community resources that can help youth in crisis.
5. Encouragement for students to notify appropriate school personnel or other adults when they are experiencing thoughts of suicide or when they suspect or have knowledge of another student’s suicidal intentions
6. Crisis intervention procedures for addressing suicide threats or attempts
7. Counseling and other postvention strategies for helping students, staff, and others cope in the aftermath of a student’s suicide

Student identification cards shall include the National Suicide Prevention Lifeline telephone number and may also include the Crisis Text Line and/or a local suicide prevention hotline telephone number. (Education Code 215.5)

Please visit https://www.fresnounified.org/dept/dpi/sews/ for more information.

STUDENT MENTAL HEALTH AND WELLNESS

Student Mental Health and Wellness: When a student mental health need is identified, District staff will speak with a student to determine the level of need and risk by asking questions related to student history. If ongoing support is recommended, the District will communicate with families to obtain consent for ongoing services or outside referrals.

DISCIPLINE RULES

E.C. 35291; A.R. 5144, 5144.1

Requires school site discipline rules to be established by school committees with specific membership and filed with the Governing Board, and requires notification to parents/guardians and enrollees of site and District rules. In addition to the written Discipline Rules, all schools shall determine a method to orally deliver to the students, at regular intervals during the school year, the behavioral expectations and consequences arising from non-compliance with the written Discipline Rules. This delivery method may take the form of an all-school assembly, small group discussions, or even delivery in a specific class (such as P.E.) or by a class-by-class basis.

SEARCH AND SEIZURE

B.P. 5145.12

Under Board Policy, metal detectors may be used randomly to promote safety and deter the presence of weapons. Specially-trained, non-aggressive dogs may be used to sniff out and alert staff to the presence of contraband such as drugs, alcohol, firearms, and explosives. Dogs may not sniff any person, but may sniff around lockers, desks, items, or vehicles on school property.

TOBACCO

B.P. 5131.62

Students shall not possess, smoke, or use tobacco or any product containing tobacco or nicotine while on campus, while attending school-sponsored activities, or while under the supervision and control of district employees. Prohibited products include, but are not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. (Education Code 48900, 48901)

Students’ possession or use of electronic cigarettes, electronic hookahs, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products is also prohibited.

MONITORING YOUR CHILD’S INTERNET USE

Parents/guardians be aware of what your child is viewing and with whom they are “chatting”. Check periodically what websites your children are visiting, sites such as: Facebook, My Space and various chatrooms to protect your children from sex offenders and other dangers that can occur with internet use.

SAFE SCHOOL PLAN

B.P. 3515 E.C. 32281 B.P. 5141.4

The Fresno Unified School District is committed to providing a safe and secure environment for students and employees. The SAFE SCHOOL PLAN is designed to assist each school staff in preparing for emergencies, managing emergency response efforts, and maintaining a safe school environment. For more information, contact:

Emergency Planning/Crisis Response
1301 “M” Street
Fresno, CA 93721
Phone: (559) 457-3981
SAFE PLACE: RESPONSE TO IMMIGRATION ENFORCEMENT

B.P. /A.R. 5145.13

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)

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 based on their immigration status. (Education Code 200, 220, 234.1)

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.

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 the immigration officer’s request
3. Document any request for information by immigration authorities
4. Provide students and parents/guardians with any documents provided by the immigration enforcement officer, unless such disclosure is prohibited by a subpoena served on the district or in cases involving investigations of child abuse, neglect, or dependency

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.

All visitors and outsiders, including immigration enforcement officers, shall register with the principal or designee upon entering school grounds during school hours. Each visitor or outsider shall provide the principal or designee with their name, address, occupation, age if less than 21, purpose in entering school grounds, proof of identity, and any other information required by law. (Penal Code 627.2, 627.3)

District staff shall report the presence of any immigration enforcement officers to the appropriate school site or district administrator(s).

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, they must first receive notification and direction from the Superintendent or designee, except under exigent circumstances that necessitate immediate action
2. Request to see the officer’s credentials, including their name and badge number, and the phone number of the officer’s supervisor, and note or make a copy of all such information
3. Ask the officer for their reason for being on school grounds and document the response
4. Request that the officer produce any documentation that authorizes their school access
5. Make a copy of all documents produced by the officer and retain one copy for school records
6. If the officer declares that exigent circumstances exist and demands immediate access to the campus, comply with the officer’s orders and immediately contact the Superintendent or designee
7. If the officer does not declare that exigent circumstances exist, respond according to the requirements of the officer’s documentation, as follows:
   1. If the officer has an Immigrations and Customs Enforcement (ICE) administrative warrant, district staff shall inform the agent that they cannot consent to any request without first consulting with the district’s legal counsel or other designated district official.
   2. If the officer has a federal judicial warrant, such as a search and seizure warrant or an arrest warrant signed by a federal judge or magistrate, district staff shall promptly comply with the warrant. If feasible, district staff shall consult with the district’s legal counsel or designated administrator before providing the officer with access to the person or materials specified in the warrant.
   3. 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 of the subpoena and await further instructions as to how to proceed.
8. Do not attempt to physically impede the officer, even if the officer appears to be exceeding the authorization given under a warrant or other document. If an officer enters the premises without consent, district staff shall document the officer’s actions while on campus.
9. After the encounter with the officer, promptly make written notes of all interactions with the officer, including:
   1. A list or copy of the officer’s credentials and contact information
   2. The identity of all school personnel who communicated with the officer
   3. Details of the officer’s request
   4. Whether the officer presented a warrant or subpoena to accompany their request, what was requested in the warrant or subpoena, and whether the warrant or subpoena was signed by a judge
   5. District staff’s response to the officer’s request
   6. Any further action taken by the officer
   7. 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 the district’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 (BCJ@doj.ca.gov) 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.

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 they are moved out of state as a result of the parent/guardian’s departure. (Education Code 48204.4)

The Superintendent or designee may refer a student or their family members to other resources for assistance, including, but not limited to, an ICE detainee locator, legal assistance, or the consulate or embassy of the parent/guardian’s country of origin.

NONDISCRIMINATION/HARASSMENT

B.P. 5145.3, B.P. 5146; B.P. 1312.3

The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the district’s academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, programs, practices, or school attendance within a school under the jurisdiction of the Superintendent, unlawful discrimination, including discriminatory harassment (including sexual harassment), intimidation, and bullying targeted at any student by anyone, based on the student’s actual or perceived sex, sexual orientation, gender, gender identity, gender expression, genetic information, race, ancestry, nationality, national origin, immigration status, ethnicity, ethnic group identification, age, religious creed, religion, political belief or affiliation, color, marital status, pregnancy, parental status, childbirth, breastfeeding/lactation status, medical condition, physical or mental disability, or 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.

This policy shall apply to all acts constituting unlawful discrimination or harassment related to school activity or to school attendance occurring within a district school and to acts which occur off campus or outside of school-related or school-sponsored activities, but which may have an impact or create a hostile environment at school. (Education Code 234.1)

Unlawful discrimination, including discriminatory harassment, intimidation, or bullying may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also includes the creation of a hostile environment through prohibited conduct that is so severe, persistent, or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student’s academic performance; or otherwise adversely affects a student’s educational opportunities.

Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services.

The Governing Board shall ensure equal opportunities for all students in admission and access to the educational program, guidance and counseling programs, athletic programs, testing procedures, and other activities. School staff and volunteers shall carefully guard against segregation, bias and stereotyping in instruction, guidance, and supervision. The district may provide male and female students with separate shower rooms and sexual health and HIV/AIDS prevention classes in order to protect student modesty.

The Board also prohibits any form of retaliation against any student who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint or investigates or participates in the investigation of a complaint or report alleging unlawful discrimination, harassment, intimidation, or bullying. Staff shall be alert and immediately responsive to student conduct which may interfere with another student’s ability to participate in or benefit from school services, activities, or privileges. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.

The district shall ensure that all complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate. (EC Section 234.1(g))

The Superintendent or designee shall facilitate students’ access to the educational program by publicizing the district’s nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. Staff shall provide training and information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community’s understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the district’s nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the district’s educational program. They shall report their findings and recommendations to the Board after each review.

The district has provided, incident to the publicizing of policies against discrimination, harassment, intimidation and bullying described in EC Section 234.1(c), to certificated school site employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the district, information on existing school site and community resources related to the support of LGBTQ pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.

(a) School site resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ, or other at-promise pupils, counseling services, staff who have received anti-bias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to EC Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures.

(b) Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ, or other at-promise pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils. (EC Section 234.1(d))

Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, bullying, or retaliation in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include counseling, suspension and/or expulsion for behavior that is severe or pervasive as defined in Education Code 48900.4. Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, bullying, or retaliation may be subject to disciplinary action, up to and including dismissal.

Grievance Procedures

The Board hereby designates the following positions as Coordinator(s) for Nondiscrimination to ensure compliance with nondiscrimination in educational equity, to handle complaints regarding discrimination, harassment, intimidation, or bullying, and to answer inquiries regarding the district’s nondiscrimination policies:

Equity Compliance Officer Constituent Services Office Fresno Unified School District 2309Tulare Street Fresno, California 93721 (559) 457-3736 Constituent.Services@fresnounified.org

District 504 Coordinator Fresno Unified School District 890 S. 10th Street, Fresno, CA 93702 (559) 457-3226 504@fresnounified.org

Chief of Human Resources Title IX Officer/Age Discrimination Act Fresno Unified School District 2309 Tulare Street Fresno, California 93721 (559) 457-3528 titleix@fresnounified.org

Instructional Superintendent Special Education Office Fresno Unified School District 890 S. 10th, Fresno, CA 93702

(559) 457-3220 Spedleadership@fresnounified.org

Any student who feels that they have been subjected to discrimination, harassment, intimidation, or bullying should immediately contact the Coordinator for Nondiscrimination, the principal, or any other staff member. Any student who observes an incident should report the incident to the Coordinator or principal, whether or not the victim files a complaint.

Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints brought to the attention of staff, alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students.

In addition, the employee shall immediately intervene when safe to do so. (Education Code 234.1)

Any complaints of discrimination or any behavior prohibited by this policy, shall be addressed in accordance with the Administrative Regulation 5145.7 Sexual Harassment.

If dissatisfied with the district’s decision, the complainant may submit their appeal in writing to the Office of Constituent Services within 15 calendar days of receiving the district’s decision. The written concerns shall specify the basis for the appeal of the decision and whether the facts are incorrect and/or the law has been misapplied. The district shall investigate in accordance with AR 1312.3 – Uniform Complaint Procedures.

Employees who observe an incident of discrimination, harassment, intimidation, or bullying or to whom such an incident is reported shall immediately report the incident to any of the designated Coordinators for Nondiscrimination, or principal, whether or not the victim files a complaint. Upon receiving a complaint of discrimination or harassment, intimidation, or bullying, the Coordinator shall immediately investigate the complaint in accordance with the district’s uniform complaint procedures specified in AR 1312.3 – Uniform Complaint Procedures. Where the Coordinator finds that harassment has occurred, they shall take prompt, appropriate action to end the harassment and address its effects on the victim.

The Superintendent or designee shall ensure that the student handbook clearly describes the district’s nondiscrimination policy, procedures for filing a complaint regarding discrimination, harassment, intimidation, or bullying, and the resources that are available to students who feel that they have been the victim of any such behavior. The district’s nondiscrimination, harassment, intimidation, and bullying policies shall readily accessible in a prominent location on the district’s existing internet website in a manner that is easily accessible to parents/guardians and pupils. (EC Section 234.6(b)(8))

The district must post the established policies prohibiting discrimination, harassment, intimidation, and bullying in all schools and offices, which include staff lounges and pupil government meeting rooms.(EC Section 234.1(e); 5 CCR Section 4960(b))

The district must publicize adopted policies that prohibit discrimination, harassment, intimidation, and bullying, including information about the manner in which to file a complaint, to pupils, parents/guardians, employees, the governing board, and the general public. The information shall be translated pursuant to EC section 48985. The district shall also include a notice of nondiscrimination policies in any publications used in connection with the recruitment of pupils or employees. The district must identify the officer responsible for nondiscrimination and education equity compliance in such publicity. (EC Section 234.1(c); 5 CCR Sections 4960(b) and 4961; 34 CFR Section and 106.8)

The district shall post a link to statewide resources, including community-based organizations, which shall be readily accessible in a prominent location on the district’s existing internet website in a manner that is easily accessible to parents/guardians and pupils. The district shall also include any additional information deemed important for preventing bullying and harassment. (EC Section 234.6(b)(11-12))

If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, all notices, reports, statements, and records sent to the parent/guardian of any such pupil by the district shall, in addition to being written in English, be written in the primary language, and may be responded to in either English or primary language. (EC Section 48985(a))

Record-Keeping

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the district to monitor, address, and prevent repetitive prohibited behavior in district schools. The district shall maintain documentation of complaints and their resolution must be maintained for a minimum of one review cycle. (EC Section 234.1(f))

SEXUAL HARASSMENT

E.C. 212.5 and 231.5

State law requires each district to have a written policy regarding sexual harassment. This policy will be part of any student orientation for new students, be included with mandated parent notification posted, and distributed to all employees.

FRESNO UNIFIED BOARD POLICY-SEXUAL HARASSMENT/STUDENTS

B.P. 5145.7

The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits, at school or at school-sponsored or school- related activities, sexual harassment targeted at any student by anyone. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment.

The district strongly encourages students who feel that they are being or have been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult, or who have experienced off-campus sexual harassment that has a continuing effect on campus, to immediately contact their teacher, the principal, the district’s Title IX Coordinator, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment shall notify the Title IX Coordinator.

Once notified, the Title IX Coordinator shall ensure the complaint or allegation is addressed through AR 5145.71 – Title IX Sexual Harassment Complaint Procedures or BP/AR 1312.3 – Uniform Complaint Procedures, as applicable. Because a complaint or allegation that is dismissed or denied under the Title IX complaint procedure may still be subject to consideration under state law, the Title IX Coordinator shall ensure that any implementation of AR 5145.71 concurrently meets the requirements of BP/AR 1312.3.

The Title IX Coordinator shall offer supportive measures to the complainant and respondent, as deemed appropriate under the circumstances.

The Superintendent or designee shall inform students and parents/guardians of the district’s sexual harassment policy by disseminating it through parent/guardian notifications, publishing it on the district’s web site, and including it in student and staff handbooks. All district staff shall be trained regarding the policy.

Instruction/Information

The Superintendent or designee shall ensure that all district students receive age-appropriate information on sexual harassment. Such instruction and information shall include:

1. What acts and behavior constitute sexual harassment; including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence
2. A clear message that students do not have to endure sexual harassment under any circumstance
3. Encouragement to report observed incidents of sexual harassment even when the alleged victim of the harassment has not complained
4. A clear message that student safety is the district’s primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved
5. A clear message that, regardless of a complainant’s noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and action shall be taken to respond to harassment, prevent recurrence, and address any continuing effect on students.
6. Information about the district’s procedures for investigating complaints and the person(s) to whom a report of sexual harassment should be made
7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal complaint while the district investigation of a sexual harassment complaint continues

A clear message that, when needed, the district will implement supportive measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation.

Disciplinary Actions

Upon completion of an investigation of a sexual harassment complaint, any student found to have engaged in sexual harassment or sexual violence in violation of this policy shall be subject to disciplinary action. For students in grades 4-12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account.

Upon investigation of a sexual harassment complaint, any employee found to have engaged in sexual harassment or sexual violence toward any student shall be subject to disciplinary action, up to and including dismissal, in accordance with law and the applicable collective bargaining agreement.

Confidentiality and Record-Keeping

All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. (5 CCR 4964)

In accordance with law and district policies and regulations, the Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the district to monitor, address and prevent repetitive harassing behavior in its schools.

STUDENTS TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES

A.R. 5145.71

The complaint procedures described in this administrative regulation shall be used to address any complaint governed by Title IX of the Education Amendments of 1972 alleging that a student, while in an education program or activity in which a district school exercises substantial control over the context and respondent, was subjected to one or more of the following forms of sexual harassment: (34 CFR 106.30, 106.44)

1. A district employee conditioning the provision of a district aid, benefit, or service on the student’s participation in unwelcome sexual conduct
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a student equal access to the district’s education program or activity
3. Sexual assault, dating violence, domestic violence, or stalking defined as follows:
   • Forcible sexual assault includes any sexual act directed against a student, forcibly, against the student’s will, or without consent, including rape, sodomy, sexual assault with an object, and fondling. (See 20 USC 1092(f)(6)(A)(v).)
   • Non-forcible sexual assault includes offenses that do not involve force where the student is incapable of giving consent, including statutory rape and incest. (See 20 USC 1092(f)(6)(A)(v).)
   • Dating violence includes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the student, where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship and/or the frequency of interaction between the persons involved in the relationship. (See 34 USC 12291(a)(10).)
   • Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the student. (See 34 USC 12291(a)(8).)
   • Stalking which includes engaging in a course of conduct directed at a student that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. (See 34 USC 12291(a)(30).)

All other sexual harassment complaints or allegations brought by or on behalf of students shall be investigated and resolved in accordance with BP/AR 1312.3 – Uniform Complaint Procedures and BP/AR 5145.7 Sexual Harassment. The determination of whether the allegations meet the definition of sexual harassment under Title IX shall be made by the district’s Title IX Coordinator.

Because the complainant has a right to pursue a complaint under BP/AR 1312.3 for any allegation that is dismissed or denied under the Title IX complaint procedure, the Title IX Coordinator shall ensure that all requirements and timelines for BP/AR 1312.3 and 5145.7 are concurrently met while implementing the Title IX procedure.

Reporting Allegations/Filing a Formal Complaint

A student who is the alleged victim of sexual harassment or the student’s parent/guardian may submit a report of sexual harassment to the district’s Title IX Coordinator using the contact information listed in AR 5145.7 – Sexual Harassment or to any other available school employee, who shall forward the report to the Title IX Coordinator within one day of receiving the report.

David Chavez, Chief of Human Resources/Title IX Coordinator Human Resources Address: 2309 Tulare Street, Fresno, CA 93721 Phone: (559) 457-3593 Email: TitleIX@fresnounified.org

Upon receiving such a report, the Title IX Coordinator shall inform the complainant of the right to file a formal complaint and the process for filing a formal complaint. (34 CFR 106.44)

A formal complaint, with the complainant’s physical or digital signature, may be filed with the Title IX Coordinator in person, by mail, by email, or by any other method authorized by the district. (34 CFR 106.30)

Even if the alleged victim chooses not to file a formal complaint, the Title IX Coordinator shall file a formal complaint in situations when a safety threat exists. In addition, the Title IX Coordinator may file a formal complaint in other situations as permitted under the Title IX regulations, including as part of the district’s obligation to not be deliberately indifferent to known allegations of sexual harassment. In such cases, the Title IX Coordinator shall provide the alleged victim notices as required by the Title IX regulations at specific points in the complaint process.

The Title IX Coordinator, investigator, decision-maker, or a facilitator of an informal resolution process shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Such persons shall receive training in accordance with 34 CFR 106.45. (34 CFR 106.45)

Supportive Measures

Upon receipt of a report of Title IX sexual harassment, the Title IX Coordinator shall promptly contact the complainant to discuss the availability of supportive measures and shall consider the complainant’s wishes with respect to the supportive measures implemented. Supportive measures shall be offered as appropriate, as reasonably available, and without charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures shall be nondisciplinary, nonpunitive, and designed to restore or preserve equal access to the district’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the district’s educational environment or to deter sexual harassment. Supportive measures may include, but are not limited to, counseling, course-related adjustments, modifications of class schedules, mutual restrictions on contact, increased security, and monitoring of certain areas of the campus. (34 CFR 106.30, 106.44)

The district shall maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the district’s ability to provide the supportive measures. (34 CFR 106.30)

Emergency Removal from School

A student shall not be disciplined for alleged sexual harassment under Title IX until the investigation has been completed. However, on an emergency basis, the district may remove a student from the district’s education program or activity, provided that the district conducts an individualized safety and risk analysis, determines that removal is justified due to an immediate threat to the physical health or safety of any student or other individual arising from the allegations, and provides the student with notice and an opportunity to challenge the decision immediately following the removal. This authority to remove a student does not modify a student’s rights under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973. (34 CFR 106.44)

If a district employee is the respondent, the employee may be placed on administrative leave during the pendency of the formal complaint process. (34 CFR 106.44)

Dismissal of Complaint

The Title IX Coordinator shall dismiss a formal complaint if the alleged conduct would not constitute sexual harassment as defined in 34 CFR 106.30 even if proved. The Title IX Coordinator shall also dismiss any complaint in which the alleged conduct did not occur in the district’s education program or activity or did not occur against a person in the United States, and may dismiss a formal complaint if the complainant notifies the district in writing that the complainant would like to withdraw the complaint or any allegations in the complaint, the respondent is no longer enrolled or employed by the district, or sufficient circumstances prevent the district from gathering evidence sufficient to reach a determination with regard to the complaint. (34 CFR 106.45)

Upon dismissal, the Title IX Coordinator shall promptly send written notice of the dismissal and the reasons for the dismissal simultaneously to the parties, and shall inform them of their right to appeal the dismissal of a formal complaint or any allegation in the complaint in accordance with the appeal procedures described in the section “Appeals” below. (34 CFR 106.45)

If a complaint is dismissed, the conduct may still be addressed pursuant to BP/AR 1312.3 – Uniform Complaint Procedures as applicable.

Informal Resolution Process

When a formal complaint of sexual harassment is filed, the district may offer an informal resolution process, such as mediation, at any time prior to reaching a determination regarding responsibility. The district shall not require a party to participate in the informal resolution process or to waive the right to an investigation and adjudication of a formal complaint. (34 CFR 106.45)

The district may facilitate an informal resolution process provided that the district: (34 CFR 106.45)

1. Provides the parties with written notice disclosing the allegations, the requirements of the informal resolution process, the right to withdraw from the informal process and resume the formal complaint process, and any consequences resulting from participating in the informal resolution process, including that records will be maintained or could be shared.
2. Obtains the parties’ voluntary, written consent to the informal resolution process
3. Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student

Written Notice

If a formal complaint is filed, the Title IX Coordinator shall provide the known parties with written notice of the following: (34 CFR 106.45)

1. The district’s formal Title IX complaint process, including any informal resolution process
2. The allegations potentially constituting sexual harassment with sufficient details known at the time, including the identity of parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident if known. Such notice shall be provided with sufficient time for the parties to prepare a response before any initial interview.

If, during the course of the investigation, new Title IX allegations arise about the complainant or respondent that are not included in the initial notice, the Title IX Coordinator shall provide notice of the additional allegations to the parties.

1. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the complaint process
2. The opportunity for the parties to have an advisor of their choice who may be, but is not required to be, an attorney, and the ability to inspect and review evidence
3. The prohibition against knowingly making false statements or knowingly submitting false information during the complaint process

The above notice shall also include the name of the investigator, facilitator of an informal process, and decision-maker and shall inform the parties that, if at any time a party has concerns regarding conflict of interest or bias regarding any of these persons, the party should immediately notify the Title IX Coordinator.

Investigation Procedures

During the investigation process, the district’s designated investigator shall: (34 CFR 106.45)

1. Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence
2. Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence
3. Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney
4. Not limit the choice or presence of an advisor for either the complainant or respondent in any meeting or grievance proceeding, although the district may establish restrictions regarding the extent to which the advisor may participate in the proceedings as long as the restrictions apply equally to both parties
5. Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate
6. Send in an electronic format or hard copy to both parties and their advisors, if any, any evidence that is obtained as part of the investigation that is directly related to the allegations raised in the complaint, including the evidence upon which the district does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence obtained by a party or other source, so that each party can meaningfully respond to the evidence, and provide the parties at least 10 days to submit a written response for the investigator to consider prior to the completion of the investigative report
7. Objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence, and determine credibility in a manner that is not based on a person’s status as a complainant, respondent, or witness
8. Create an investigative report that fairly summarizes relevant evidence and, at least 10 days prior to the determination of responsibility, send to the parties and their advisors, if any, the investigative report in an electronic format or a hard copy, for their review and written response
9. After sending the investigative report to the parties for review and before a decision-maker reaches a determination regarding responsibility, the decision-maker must afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. (34 CFR 106.45)

The District shall maintain confidentiality and privacy rights of all parties to the complaint in accordance with applicable state and federal laws, except as may be permitted or required by law or to carry out the purposes of this formal Title IX complaint process.

If the complaint is against an employee, rights conferred under an applicable collective bargaining agreement shall be applied to the extent they do not conflict with the Title IX requirements.

Written Decision

The Superintendent shall designate an employee as the decision-maker to determine responsibility for the alleged conduct, who shall not be the Title IX Coordinator or a person involved in the investigation of the matter. (34 CFR 106.45)

After the investigative report has been sent to the parties but before reaching a determination regarding responsibility, the decision-maker shall afford each party the opportunity to submit written, relevant questions that the party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party

The decision-maker shall issue, and simultaneously provide to both parties, a written decision as to whether the respondent is responsible for the alleged conduct. (34 CFR 106.45)

The written decision shall be issued within 60 calendar days of the receipt of the complaint. The timeline may be temporarily extended for good cause with written notice to the complainant and respondent of the extension and the reasons for the action. (34 CFR 106.45)

In making this determination, the decision-maker shall use the “preponderance of the evidence” standard for all formal complaints of sexual harassment. The same standard of evidence shall be used for formal complaints against students as for complaints against employees. (34 CFR 106.45)

The written decision shall include the following: (34 CFR 106.45)

1. Identification of the allegations potentially constituting sexual harassment as defined in 34 CFR 106.30
2. A description of the procedural steps taken from receipt of the formal complaint through the written decision, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held if the district includes hearings as part of the grievance process
3. Findings of fact supporting the determination
4. Conclusions regarding the application of the district’s code of conduct or policies to the facts
5. A statement of, and rationale for, the result as to each allegation, including a decision regarding responsibility, any disciplinary sanctions the district imposes on the respondent, and whether remedies designed to restore or preserve equal access to the district’s educational program or activity will be provided by the district to the complainant
6. The district’s procedures and permissible bases for the complainant and respondent to appeal

Appeals

Either party may appeal the district’s decision or dismissal of a formal complaint or any allegation in the complaint, if the party believes that a procedural irregularity affected the outcome, new evidence is available that could affect the outcome, or a conflict of interest or bias by the Title IX Coordinator, investigator(s), or decision-maker(s) affected the outcome. If an appeal is filed, the district shall: (34 CFR 106.45)

1. Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties
2. Ensure that the decision-maker(s) for the appeal is trained in accordance with 34 CFR 106.45 and is not the same decision-maker(s) who reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator
3. Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome
4. Issue a written decision describing the result of the appeal and the rationale for the result
5. Provide the written decision simultaneously to both parties

An appeal must be filed in writing within 10 calendar days of receiving the notice of the decision or dismissal, stating the grounds for the appeal and including any relevant documentation in support of the appeal. Appeals submitted after this deadline are not timely and shall not be considered.

A written decision shall be provided to the parties within 20 calendar days from the receipt of the appeal.

The district’s decision may be appealed to the California Department of Education within 30 days of the written decision in accordance with BP/AR 1312.3.

Either party has the right to file a complaint with the U.S. Department of Education’s Office for Civil Rights within 180 days of the date of the most recently alleged misconduct.

The complainant shall be advised of any civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal antidiscrimination laws, if applicable.

Remedies

When a determination of responsibility for sexual harassment has been made against the respondent, the district shall provide remedies to the complainant. Such remedies may include the same individualized services described above in the section “Supportive Measures,” but need not be nondisciplinary or nonpunitive and need not avoid burdening the respondent. (34 CFR 106.45)

Corrective/Disciplinary Actions

The district shall not impose any disciplinary sanctions or other actions against a respondent, other than supportive measures as described above in the section “Supportive Measures,” until the complaint procedure has been completed and a determination of responsibility has been made. (34 CFR 106.44)

For students in grades 4-12, discipline for sexual harassment may include suspension and/or expulsion. After the completion of the complaint procedure, if it is determined that a student at any grade level has committed sexual assault or sexual battery at school or at a school activity off school grounds, the principal or Superintendent shall immediately suspend the student and shall recommend expulsion. This section does not apply to pupils enrolled in kindergarten and grades 1 to 3, inclusive. (Education Code 48900.2, 48915)

Other actions that may be taken with a student who is determined to be responsible for sexual harassment include, but are not limited to:

1. Transfer from a class or school as permitted by law
2. Parent/guardian conference
3. Education of the student regarding the impact of the conduct on others
4. Positive behavior support
5. Referral of the student to a student success team
6. Denial of participation in extracurricular or cocurricular activities or other privileges as permitted by law

When an employee is found to have committed sexual harassment or retaliation, the district shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement.

Record-Keeping

The Superintendent or designee shall maintain, for a period of seven years: (34 CFR 106.45)

1. A record of all reported cases and Title IX investigations of sexual harassment, any determinations of responsibility, any audio or audiovisual recording and transcript if applicable, any disciplinary sanctions imposed, any remedies provided to the complainant, and any appeal or informal resolution and the results therefrom
2. A record of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment, including the district’s basis for its conclusion that its response was not deliberately indifferent, the measures taken that were designed to restore or preserve equal access to the education program or activity, and, if no supportive measures were provided to the complainant, the reasons that such a response was not unreasonable in light of the known circumstances
3. All materials used to train the Title IX Coordinator, investigator(s), decision-maker(s), and any person who facilitates an informal resolution process. The district shall make such training materials publicly available on its web site, or if the district does not maintain a web site, available upon request by members of the public.

SEXUAL HARASSMENT PERSONNEL

B.P./A.R. 4119.11

The Board prohibits sexual harassment of district employees and job applicants. The Board also prohibits retaliatory behavior or action against district employees or other persons who complain, testify or otherwise participate in the complaint process established pursuant to this policy and the administrative regulation.

Any district employee or job applicant who feels that he/she has been sexually harassed, or who has knowledge of any incident of sexual harassment by or against another employee, job applicant or a student, shall immediately report the incident to their supervisor, the principal, district administrator, or the Superintendent.

Any district employee who engages or participates in sexual harassment, or who aids, abets, incites, compels or coerces another to commit sexual harassment against a district employee, job applicant, or student, is in violation of this policy and is subject to disciplinary action, up to and including dismissal.

SEX OFFENDER INFORMATION

B.P. 3515.5

In order to protect students while they are traveling to and from school, attending school, or at a school-related activity, the Governing Board believes it is important that the District responds appropriately when a law enforcement agency contacts the District about registered sex offenders who may reside or work within district boundaries.

The Superintendent’s designee shall establish an ongoing relationship with law enforcement officials to coordinate the receipt of such information. The Superintendent or designee shall also establish procedures for notifying appropriate staff as necessary.

The Superintendent’s designee shall annually notify the parents/guardians of the district’s planned response to this situation.

The district has implemented Raptor, a visitor management system that streamlines visitors and identifies anyone who might be on the national sex offender list prior to entering campus. In an emergency, Raptor is a quick tool for identifying who is on campus and where.

NOTIFICATION OF RELEASE OF PUPIL TO PEACE OFFICER

E.C. 48906; B.P. 5145.11

When a Principal releases a minor pupil to a peace officer from the school, the school makes a reasonable effort to immediately inform the parent/guardian regarding the release.

LEAVING SCHOOL DURING LUNCH

E.C. 44808.5; B.P. 5112.5

The Governing Board of a school district may permit the pupils enrolled at any high school to leave the school grounds during the lunch period of such pupils.

Neither the school district nor any officer or employee thereof shall be liable for the conduct nor safety of any pupil during such time as the pupil has left the school grounds pursuant to this section.

In the event that the Governing Board grants such permission, it shall send the following notice along with the notification of parents/guardians required by Section 48980:

“The governing board of the Fresno Unified School District, pursuant to Section 44808.5 of the Education Code, has decided to permit the pupils enrolled at High School to leave the school grounds during the lunch period.”

Section 44808.5 of the Education Code further states:

“Neither the school district nor any officer or employee thereof shall be liable for the conduct or safety of any pupil during such time as the pupil has left the school grounds pursuant to this section.”

SCHOOL SAFETY PATROL/PARENTAL CONSENT

E.C. 49302; A.R. 5142.2

The pupils who serve as members of a school safety patrol shall be designated by the Principal of the school in which the patrol is established, but no pupil shall be designated to serve on any patrol unless the pupil and the person having legal custody of such pupil consent, in writing, thereto. Upon the revocation, in writing, of the consent of either such pupil or such person, the pupil shall cease to be a member of the patrol.

STUDENT CONDUCT ON BUSES

BP/AR 5131.1; E.C. 39831.1; 39831.2; 39831.3; 39831.5; E.C. 14103

Bus transportation is a privilege extended to students who display good conduct while preparing to ride, riding or leaving the bus. Continued disorderly conduct or persistent refusal to comply with the authority of the driver shall be sufficient reason for a student to be denied transportation. The Superintendent or designee shall establish regulations related to student conduct on buses, bus driver authority, and the suspension of riding privileges. The Superintendent or designees shall make these rules available to parents/guardians, students and other interested parties. (5 CCR 14103).

Bus Rider Rules

The following rules apply at all times when students are riding a school bus, district-chartered or district-contracted buses including when on school activity trips. The following conduct is a violation of district bus regulations:

1. Riders shall follow the instructions and directions of the bus driver at all times. (cf. 3542 – School Bus Drivers)
2. Riders should arrive at their designated bus stop on time and stand in a safe place at the stop to wait quietly for the bus. (cf. 3541 – Transportation Routes and Services)
3. Riders shall enter the bus in an orderly manner and go directly to their seats.
4. Riders shall sit down and fasten any passenger restraint systems. Riders shall remain seated while the bus is in motion.
5. Riders shall not block the aisle or emergency exit with their body or personal belongings. Riders may bring large or bulky items, such as class projects or musical instruments, on the bus only if the item does not displace any other rider or obstruct the driver’s vision.
6. Riders should be courteous to the driver and to fellow passengers. Vulgarity, rude, or abusive behavior is prohibited.
7. Any noise or behavior that could distract the driver, such as loud talking, scuffling or fighting, throwing objects, or standing or changing seats, is prohibited and may lead to suspension of riding privileges. (cf. 5144 – Discipline)
8. Riders shall not use tobacco products, eat, or drink while riding the bus. (cf. 5131.62 – Tobacco)
9. Riders may bring electronic devices onto the bus only if such devices are permitted at school. If the use of cellular telephones or similar devices disrupts the safe operation of the school bus, the bus driver may direct the student to no longer use the device on the bus. (cf. 5131 – Conduct)
10. Riders shall not put any part of the body out of the window nor throw any item from the bus.
11. Riders shall help keep the bus and the area around the bus stop clean. Riders shall not damage or deface the bus or tamper with bus equipment.
12. Service animals are permitted on school transportation services; all other animals are prohibited. (Education Code 39839; 13 CCR 1216) (cf. 6163.2 – Animals at School)
13. Upon reaching their destination, riders shall remain seated until the bus comes to a complete two stop and upon the signal from the driver, unfasten any restraint system, enter the aisle, and go directly to the exit.
14. Riders should be alert for traffic when leaving the bus and shall follow the district’s transportation safety plan when crossing the road and exiting the bus. (cf. 3543 – Transportation Safety and Emergencies)
15. Having dangerous objects, glass, weapons, etc., on bus.
16. No Fighting or abusive body contact on or off the bus
17. Riders shall give proper identification when requested by driver.
18. Possession, use, or sales of a controlled substance.
19. Any action that is determined by the bus driver to be dangerous.

The driver or any passenger shall report any violation of the district’s bus rules to the principal or designee. The principal or designee shall notify the student’s parent/guardian of the misbehavior, determine the severity of the misconduct, and take action accordingly. In instances of a severe violation or repeated offenses, the rider may be denied transportation for a period of time determined appropriate by the principal or designee. Bus drivers shall not deny transportation services except as directed by the principal or designee.

Authority of the Driver (5 CCR 14103)

Pupils transported in a school bus or in a school pupil activity bus shall be under the authority of, and responsible directly to, the driver of the bus, and the driver shall be held responsible for the orderly conduct of the pupils while they are on the bus or being escorted across a street, highway or road. Continued disorderly conduct or persistent refusal to submit to the authority of the driver shall be sufficient reason for a pupil to be denied transportation. A bus driver shall not require any pupil to leave the bus enroute between home and school or other destinations.

If it is determined by the principal or designee, in consultation with the Transportation Department that a rider is guilty of misconduct, the principal or designee will initiate the following actions:

1. Upon the first offense of misconduct, the rider and their parent/guardian will be given notice and warning.
2. Upon a second offense of misconduct, the rider will be denied transportation services for a period not to exceed two weeks.
3. Upon a third offense of misconduct, the rider may be denied transportation services for the remainder of the school year.

Bus Surveillance Systems

Students are prohibited from tampering with the bus surveillance system. Any student found tampering with the system shall be subject to discipline and shall be responsible for the costs of any necessary repairs or replacement. Camera supports may be installed in all buses, and cameras may be rotated among the buses and activated at the discretion of the Superintendent or designee. The content of any recording is a student record and may only be accessed in accordance with the district’s policy and administrative regulation concerning student record.

Please visit the Transportation website at https://transportation.fresnounified.org or call 559-457-3138 if you have any questions.

TRANSPORTATION SCHOOL BUS EMERGENCY TRAINING

B.P. 3543

E.C. 39831.5 (a)

All pupils in pre-kindergarten, kindergarten, and grades 1 to 12, inclusive, in public or private school who are transported in a school bus or school pupil activity bus shall receive instruction in school bus emergency procedures and passenger safety. The county Superintendent of schools, Superintendent of the school district, or owner/operator of a private school, as applicable, shall ensure that the instruction is provided as follows:

1. Upon registration, the parents/guardians of all pupils not previously transported in a school bus or school pupil activity bus, and who are in pre-kindergarten, kindergarten, and grades 1 to 6, inclusive, shall be provided with written information on school bus safety. The information shall include, but not be limited to, all of the following:
   1. A list of school bus stops near each pupil’s home;
   2. General rules of conduct at school bus loading zones;
   3. Red light crossing instructions;
   4. School bus danger zone; and/or
   5. Walking to and from school bus stops.
2. At least once in each school year, all pupils in pre-kindergarten, kindergarten, and grades 1 to 8, inclusive, who receive home-to-school transportation shall receive safety instruction that includes, but is not limited to, proper loading and unloading procedures, including escorting by the driver, how to safely cross the street, highway, or private road, instruction on the use of passenger restraint systems, as described in paragraph (3), proper passenger conduct, bus evacuation, and location of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. As part of the instruction, pupils shall evacuate the school bus through emergency exit doors.
3. Instruction on the use of passenger restraint systems, when a passenger restraint system is installed, shall include, but not be limited to, all of the following:
   1. Proper fastening and release of the passenger restraint system;
   2. Acceptable placement of passenger restraint systems on pupils;
   3. Times at which the passenger restraint systems should be fastened and released; and
   4. Acceptable placement of the passenger restraint systems when not in use.
4. Prior to departure on a school activity trip, all pupils riding on a school bus or school pupil activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit.
   E.C. 39831.5 (b)

The following information shall be documented each time the instruction required by paragraph (2) of subdivision (a) is given.

1. Name of school district, county office of education, or private school;
2. Name and location of school;
3. Date of instruction;
4. Names of supervising adults;
5. Number of pupils participating;
6. Grade levels of pupils;
7. Subjects covered in instruction;
8. Amount of time taken for instruction;
9. Bus driver’s name;
10. Bus number; and
11. Additional remarks.

The information recorded pursuant to this subdivision shall remain on file at the district or county office, or at the school, for one (1) year from the date of the instruction, and shall be subject to inspection by the Department of the California Highway Patrol.

STUDENT I.D. BADGES, GRADES 7-12

When students in grades 7-12 have been issued a school I.D. badge, they must carry it at all times. All students are required to present their I.D. card when asked by any Fresno Unified employee while at school or any school function.

Safe School Zones (Loitering)

All Fresno Unified schools are designated “Safe School Zones”. Any person, not having business with the school may not loiter around (within 1500 ft.) of a school. Violators may be cited under Penal Code 653(b).

CHILD CARE

Child Day Care Visitation

A.R. 5148

H. & S.C. 1596.857 (a)

Upon presentation of identification, the responsible parent/guardian of a child receiving services in a child day care facility has the right to enter and inspect the facility without advance notice during the normal operating hours of the facility or at any time that the child is receiving services in the facility. Parents/Guardians when inspecting shall be respectful of the children’s routines and programmed activities. The facility shall inform parents/guardians of children receiving services in the facility of the right of the parents/guardians to inspect the facility pursuant to this section.

H. & S.C. 1596.857 (b)

NO child day care facility shall discriminate or retaliate against any child or parent/guardian on the basis or for the reason that the parent/guardian has exercised their right under this section to inspect the facility or has lodged a complaint with the department against a facility.

H. & S.C. 1596.857 (c)

If any child day care facility denies a parent/guardian the right to enter and inspect a facility or retaliates, the department shall issue the facility a warning citation. For any subsequent violation of this right, the department may impose a civil penalty upon the facility of fifty dollars ($50) per violation. The department may take any appropriate action, including license revocation.

H. & S.C. 1596.857 (d)

Each child day care facility shall permanently post in a facility location accessible to parents/guardians a written notice, available from the department, of the right to make an inspection pursuant to this section and the prohibition against retaliation, and the right to file a complaint. In addition, this notice shall include information stating that the specified registered sex offender database is available to the public via an Internet Web site maintained by the Department of Justice as www.meganslaw.ca.gov. The department shall make this written notice available to child day care facility licensees, and shall include on this notice a statement of the right of the parents/guardians to review licensing reports of facility visits and substantiated complaints against the facility on the site of the facility, pursuant to Section 1596.859.

(e) At the time of acceptance of each child into a child day care facility after January 1, 2007, the licensee shall provide the child’s parent or guardian with a copy of the Family Child Care Home Notification of Parents’ Rights provided by the State Department of Social Services, which shall include information stating that the specified registered sex offender database is available to the public via an Internet Web site maintained by the Department of Justice as www.meganslaw.ca.gov.

H. & S.C. 1596.857 (e)

Notwithstanding any other provision of this section, the person present who is in charge of a child day care facility may deny access to an adult whose behavior presents a risk to children present in the facility, and may deny access to non-custodial parents/guardians if so requested by the responsible parent/guardian.

USE OF PORTABLE COMMUNICATION DEVICES

Board Policy

B.P. 5139

Purpose

To regulate the possession or use of portable communication devices by students of the district while the students are on campus, attending school-sponsored activities, or while under the supervision and control of school district employees.

The administration, through adoption of Administrative Regulations implementing this policy, may regulate the possession or use of portable communication devices that operate through the transmission or receipt of radio waves; including, but not limited to, paging and signaling equipment by students of the school district while the students are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees.

NO student shall be prohibited from possessing or using portable communication devices that are determined by a licensed physician or surgeon to be essential for the health of the student and use of which is limited to the purpose related to the health of the student.

NO cameras, cell phones containing devices to capture digital images and/or take photographs, or any similar image capturing technology (“Equipment”) may be used at any time in any classroom, bathroom, gym, locker room, dressing area or other area where students or staff may be engaged in personal hygiene activities, changing clothes, or otherwise have a reasonable expectation of privacy. In addition, no such Equipment may be used in any manner which invades another’s privacy, places another in a false light, is used to cheat on tests or other assignments, exposes another to ridicule, shame or embarrassment, is used in any manner which is substantially or materially disruptive, or which a reasonably prudent person would deem inappropriate.

A student who violates this regulation may have the Equipment confiscated and/or the student may be prohibited from possessing the Equipment. In addition, the student may be disciplined, including suspension or expulsion, as otherwise authorized under district policies and regulations.

Definition

A portable communication device refers to any device carried, worn, or stored by a student to receive or communicate messages. Such devices may include but are not limited to portable pagers, hand-held radios, Personal Data Assistants (PDA), laptop computers with cellular/phone capability, and cellular telephones. This definition will also include any new technology developed for similar purposes. Excluded from this definition is any particular device with communication capabilities which has been specifically approved for instructional purposes.

Procedures

1. High Schools and Middle Schools
   Effective January 2, 2004, high school and middle school students may possess portable communication devices on district property and at District-sponsored activities. The students must ensure that the device is turned off and out of sight during times of unauthorized use. Students may not turn on/use the device during instructional periods except as required by Board Policy for medical reasons. Use of devices by high school and middle school students riding to and from school on District buses is permitted as long as it does not impact the safe operation of the school bus, at the discretion of the bus driver. However, high school and middle school students may not use portable communication devices on District or commercially chartered buses used for school-sponsored activities during the official instructional day, except as required by Board Policy for medical reasons.
2. Elementary Schools
   Elementary school students are not permitted to possess or use portable communication devices on district elementary school campuses or at District-sponsored elementary school activities, except upon the approval of the Principal for medical reasons as required by Board Policy.
   High school students on the campus of an elementary or middle school and middle school students on the campus of an elementary school for a legitimate educational purpose must have all portable communication devices turned off and out of sight during the official instructional day. High school students on the campus of an elementary or middle school, and middle school students on the campus of an elementary school for a legitimate educational purpose outside of the official instructional day may use a portable communication device.
3. Other Instructional Time
   NO student of a night school class, Saturday school, or attending any other instructional period within the District may turn on/use a portable communication device during instructional periods, except as required by Board Policy for medical reasons.
4. Adult Students/Parent/Guardian Requests
   Any student having reached the age of adult, or a parent/guardian of a student requesting authorization for a student to possess or use a portable communication device other than at authorized times can do so only with approval of the Principal, who may grant or deny such request at their discretion.
5. Penalty for Violation of Policy
   Any staff member or student having knowledge or reasonable suspicion of unauthorized possession or use of a portable communication device by a student on district property should promptly report this information to the Principal or designee.

If, after appropriate investigation, a student is found in unauthorized possession or use of a portable communication device, the principal/designee/director may confiscate the device in accordance with procedures outlined in the Search and Seizure Policy. B.P. 5145.12; A.R. 5145.12

Any student who violates this regulation will be subject to disciplinary action. Depending on the circumstances, the disciplinary action could include but may not be limited to conference with parents/guardians, confiscation of the device, and/or up to five (5) days suspension. Suspension of five (5) days should be reserved for repeated or serious violations of this regulation.
Procedures in this regulation will be incorporated into the local school discipline plan process and notification to parents/guardians. School sites, with approval of staff and school site team, may establish procedures more restrictive than this regulation, provided that no restrictions deny the ability to possess or use portable communication devices for medical reasons, as set forth in Board Policy.

1. Communication devices can be used for safety concerns or emergency situations.
2. Communication Devices must be used for the purpose of improving student learning and to prepare students to be career ready graduates.

Responsibility/Liability

The District assumes no responsibility or liability for loss or damage to a device or for the unauthorized use of any such device or devices on school grounds; including, but not limited to devices left in school lockers or in automobiles.

DISTRICT TECHNOLOGY ACCEPTABLE USE POLICY

SUMMARY: This Acceptable Use Policy (“AUP”) was written to inform students, their families, and District staff about acceptable ways in which Fresno Unified School District (“District”) information technology may be used. The District’s information technology and systems will be referred to as “District Technology” in the rest of this document.

Acceptable use of District Technology occurs where the primary purpose of such use is to improve student learning and prepare students to be career ready graduates.

By using District technology and networks, Learners implicitly agree to the terms of this Acceptable Use Policy. If a Learner is uncertain about whether a particular use is acceptable, he or she should consult a teacher, administrator or other appropriate District personnel.

Based on the notice provided by the PARENT/GUARDIAN/STUDENT NOTIFICATION & INFORMATION HANDBOOK, District Technology policies and regulations (e.g., 0440.1, 6163.4), and students participation in District Technology, this is to highlight that parents, guardians, and students assent to the Acceptable Use Policy and agree not to hold the District or any District staff responsible for the failure of any District Technology protection measures, violations of any legal restrictions, or user mistakes or negligence. Further, by virtue of this notice, assent is also given to indemnify and hold harmless the District and District personnel for any damages or costs arising from or related to use of District Technology and/or any violation of the Acceptable Use Policy.

DISTRICT TECHNOLOGY RESPONSIBLE USE

I am responsible for practicing positive digital citizenship and ethical conduct.

• I will practice appropriate behavior and contributions on websites, social media, discussion boards, media sharing sites, and all other electronic communications, including new technology.
• I will be honest in all digital communication.
• I understand that what I do and post online must not disrupt school activities or compromise school safety and security.
• I will use school appropriate language in all electronic communications, including email, social media posts, audio recordings, video conferencing, and artistic works.
• I will not send and/or distribute hateful, discriminatory, or harassing digital communications, or engage in sexting.
• I understand that bullying in any form, including cyberbullying, is unacceptable.
• I will not seek out, display, or circulate material that is hate speech, sexually explicit, or violent.
• I will not share personal information about myself or others including, but not limited to, names, home addresses, telephone numbers, birth dates, or visuals such as pictures, videos, and drawings.
• I understand that the use of the District technology for illegal, political, or commercial purposes is strictly forbidden.

I am responsible for the use and care of my computer.

• I will bring my computer every day to school, charged and ready for learning.
• I will ensure the computer is secure and safe.
• I will discuss with my parents or guardian expectations regarding the use of the Internet and the device.
• I will not alter, deface, or remove any district labels on my computer.
• I will return borrowed devices in the same condition as it was given to me.

I am responsible for my passwords and my actions on District technology.

• I will not share any school or District usernames and passwords with anyone.
• I will not access the account information of others.
• I will log out of unattended equipment and accounts in order to maintain privacy and security.
• I understand devices issued to students and staff are for learning or District business.

I am responsible for respecting the works of others.

• I will follow all copyright (http://copyright.gov/title17/) guidelines.
• I will not download illegally obtained music, software, apps, and other works.

*Family Education Rights and Privacy Act (FERPA) is a federal law that requires confidentiality of student information. Publicly posting students personal information, student records or graded work is a violation of FERPA. To learn more about FERPA beyond responsible use and posting online please visit https://studentprivacy.ed.gov/.

Definitions. As used in this document, the word “Learner” includes anyone—employees, students, parents, and guests—who uses District Technology. Only Learners who agree to this Acceptable Use Policy are authorized to use District Technology.

The use of District Technology is offered to students for educational purposes, as a privilege that must be safeguarded by all learners. The District is committed to improving student achievement and preparing all students to be career ready graduates, and uses District Technology for this purpose. District Technology is issued to appropriate staff to perform their job duties.

District Technology includes, but is not limited to, cell phones, computer hardware, laptops, tablets, e-readers, software, (including cloud resources), hotspots, local wired and wireless networks, and access to the Internet. These items provide tools that can be used to access information and communicate with people, enhance learning, and enable the district to operate efficiently. Technology and people’s use of technology is always changing so it is critical that the District ensure a safe learning environment for students and staff; safeguards for the privacy of electronic data; and protect the District’s technology assets. District Technology remains at all times the property of the District.

Technology Acceptable Use Policy

This Acceptable Use Policy shall conform to existing district policies including Board Policy 0440 (Technology Board Policy & Administrative Regulations), as well as

established procedures and copyright laws. If any portion of these policies conflicts with federal, state or local laws, those laws take precedence, leaving the remaining policies in this AUP in full effect.

This Technology AUP is intended to:

• Prevent or discourage unauthorized access and other unlawful activities online;
• Prevent or discourage unauthorized disclosure of or access to sensitive information;
• Comply with the Children’s Internet Protection Act of 1997 (“CIPA”);
• Define policies for managing electronic documents that are the property of the District.
• Enhance teaching and learning;
• Increase safety for students and staff;
• Improve the efficiency of district technology systems;
• Ensure alignment with the District’s Core Beliefs and Commitments;
• Ensure compliance with applicable district policies, state and federal laws; and
• Educate students, staff, and other who use the District’s technology

Filtering. The District will use a variety of technology protection measures on the District’s networks to block or filter, to the extent practicable, access to visual depictions that are obscene, pornographic, or harmful to minors, or other content that is not academically relevant. Filtering measures are installed on district devices to protect the user and the device that operate away from the District network. Learners should have no expectation of privacy regarding their use of District property, network and/or Internet access or files, including email or other forms of communication using District Technology. While our intent is to make computer access available to students to support their educational growth, students may find ways to access inappropriate material as well. Ultimately, parents and guardians are responsible for setting and conveying the standards that their students should follow when using technology. Disabling content filtering technologies on District issued devices or using tools to circumvent the content filter is a violation of this policy.

Distance Learning and Remote Workers. I understand that I am bound by the Acceptable Use Policy (AUP) regardless of my physical location. I also recognize that FUSD has limited ability to assist in network-related issues. The District may request reimbursement for lost, stolen, or damaged equipment if negligent. Upon request, users are required to bring their District issued device occasionally for a check-up, re-imaging, or support.

Staff Issued and One to One Computers. Laptops and computers issued to students and staff remain the property of the District. I understand that I am responsible for keeping the device safe and only used for their intended purpose while it is in my care. The District may remotely maintain the device by installing software, updating software, or installing security patches.

Bring your Own Device (“BYOD”). Some Learners may choose to bring their own technology. BYOD devices must meet or exceed the minimum specifications established by the District for effective learning. Check the Fresno Unified website for current minimum specifications. If Learners do bring their own devices, they are still subject to this AUP to the extent that their device uses District Services and Networks (wired or wireless) to access internal or Internet based information and data. Internet access from BYOD devices will be content filtered while on the District network. The District does not content filter BYOD devices while away from the District network. Students and parents should be aware that devices may be subject to search by school administrators if the device is suspected of a violation of the student misconduct. If the device is locked or password-protected, the student may be asked to unlock the device at the request of a school administrator. The District is not responsible for damage or harm to persons, files, data, hardware, or service interruptions while students are using their device. The property owner assumes any risk or loss by bringing their device.

eLearning Companion Devices (LCD) Tablets. Devices issued from the eLearning Companion Device (LCD) Initiative come with a content filter and report usage of the preinstalled educational apps. Disabling content filtering technologies on Learning Companion Devices or using tools to circumvent the content filter is a violation of this policy. The District does not report on home internet activity or location on LCD tablets.

Lost or stolen devices. A police report will be filed for lost or stolen devices and the device will be remotely locked if possible. Staff is responsible for reporting lost or stolen devices immediately to Risk Management. Parents report lost or stolen devices to the parent and student help desk.

Obligations. Learners and other users are required to follow this policy and report any misuse of District Technology, including the District’s network or the Internet to a supervisor or other appropriate District personnel. Access to District Technology is provided primarily for education and District business. Staff may use the Internet for incidental personal use during duty-free time.

Violations. Violation of these policies may result one or more of the following: disciplinary action and/or termination for employees and temporary staff; termination of contracts for consultants or contract employees; reimbursement to the District for disallowed charges; or dismissal for interns and volunteers. In the case of a student violation, the violation can result in disciplinary action as deemed appropriate by site administration up to and including removal of technology privileges, removal from class, suspension and expulsion.

Unacceptable Uses of District Technology

Listed below are several examples of inappropriate activities using District Technology. The list is not meant to be all-inclusive, but is representative of inappropriate uses. The District reserves the right to take immediate action regarding inappropriate activities that (1) create security and/or safety issues for the District, students, employees, schools, network or computer resources; (2) expend District resources on content that the District in its sole discretion determines lacks legitimate educational content/purpose; or (3) are otherwise determined by District as inappropriate.

Inappropriate activities include:

1. Violating any state or federal law or municipal ordinance, such as, accessing or transmitting pornography; obscene depictions; materials harmful to minors; materials that encourage others to violate the law; confidential information; or copyrighted materials.
2. Criminal activities that can be punishable under the law.
3. Selling or purchasing illegal items or substances.
4. Obtaining and/or using anonymous email or “anonymizer” sites, especially for the purpose of evading the District’s content filtering systems; spamming email accounts; spreading viruses; or conducting phishing attacks.
5. Causing harm to others or damage to their property.
6. Using profane, abusive, or impolite language; cyberbullying, including threatening, harassing, or making damaging or false statements about others; or accessing, transmitting, or downloading offensive, harassing, or disparaging materials.
7. Deleting, copying, modifying, or forging other users’ names, emails, files, or data disguising one’s identity, impersonating other users, or sending anonymous email.
8. Damaging technology equipment, files, data or the network in any way, including intentionally accessing, transmitting or downloading computer viruses or other harmful files or programs, or disrupting any computer system performance.
9. Using any District Technology to pursue “hacking,” whether on targets internal or external to the District, or attempting to access information protected by privacy laws.
10. Accessing, transmitting or downloading large files– in particular, but not limited to, using “torrent” software to illegally download copyrighted digital materials–or using valuable bandwidth for non-academic activities such as network games or serving as a host for such activities.
11. Using email or web services to distribute “chain letters” or any type of “pyramid schemes”.
12. Using web sites, email, networks, or other technology for political uses or personal gain, including advertising, or promoting non-district websites or commercial efforts and events. District internet and intranet property must not be used for personal benefit. Learners must not intentionally access, create, store or transmit material that may deemed to be offensive, indecent, obscene, intimidating, or hostile; or material that harasses, insults or attacks others. Learners must not violate any applicable copyright laws. This includes, but is not limited to, the installation of software on district computers for which software the Learner does not have a valid and unexpired software license.

Supporting Information or Additional Obligations

The following information or additional obligations support the District Technology AUP.

Network Security and Password Policies

1. Learners must report any weaknesses in the District’s Internet and intranet security or any incidents of possible misuse or violation of this agreement to the District Webmaster, by sending email to:webmaster@fresnounified.org.
2. Learners must not attempt to access any data or programs for which they do not have authorization or explicit consent.
3. District Technology includes networks and services that are shared resources. Learners must not purposefully engage in activities that deliberately degrade the performance of District Technology systems and related Information Technology property; deprive an authorized District Learner access to a District resource; obtain extra resources beyond those allocated; or circumvent the District’s security measures.
4. Learners must not download, install or run security programs or utilities that reveal or exploit weaknesses in the security of the District’s Information Technology systems and related Information Technology property.
5. All private data must be kept confidential and secure by the Learner. The fact that the data may be stored electronically does not change the requirement to keep information confidential and secure. Rather, the type of information or the information itself is the basis for determining whether the data must be kept confidential and secure. If this data is stored in a paper or electronic format, or if the data is copied, printed, or transmitted electronically the data must still be protected if it is confidential and secured.
6. All software programs, applications, source code, object code, documentation and data shall be guarded and protected.
7. The District reserves the right to remove any content (organizational or personal) on the internet or intranet at any time, without cause or notice.
8. There is no guarantee of personal privacy or access to the District’s Technology. The district reserves the right to search and/or monitor any information created, accessed, sent, received, and/or stored in any format by any district employee on district equipment or any equipment connected to the district’s network.
9. All commercial software used on District Technology systems are copyrighted and designated for District use. Learners must abide by all license agreements.

Password Policy

1. Passwords should be treated as confidential information.
2. No personnel should ask for, or be given, another Learner’s password, even for support purposes.
3. Passwords should be changed at least every 180 days. However, the district may, at its sole discretion, enforce periodic password changes based on role responsibility and usage.
4. Default passwords should be changed within one day.
5. Password complexity must conform to the password policy based on user’s role responsibility, usage or appropriate for learner’s age.
6. Passwords must not include your employee number, name, SSN, phone number, birthday, or the name of your department or school.
7. All security violations shall be reported to school or department administration.
8. Staff will provide Human Resources (HR) or Law Enforcement with passwords, passphrases, passcodes, and device PINs, to district-issued technology as required.

Access Controls,Information Security, and Accountability

1. Departments and schools that have District Technology must provide appropriate access controls in order to monitor and protect business data and associated programs from misuse.
2. All Learners are responsible for managing their own use of District Technology and are accountable for their actions relating to security. Learners are also responsible for reporting any suspected or confirmed violations of this policy to the appropriate management responsible for FUSD Information Technology system security incident handling.
3. Periodic user cybersecurity assessments may be conducted to measure organizational preparedness or to support staff in cyber-safety education.
4. Access to FUSD Information Technology equipment must be properly documented, authorized and controlled.
5. Access authority for each Learner will be reviewed on a regular basis, as well at each job status change such as: a transfer, promotion, demotion, or termination of service.
6. Schools and Departments responsible for the custody and operation of District technology shall be responsible for proper authorization and related technology use, the establishment of effective use, and reporting of performance to management.
7. Some District staff are required to use a VPN or other approved network security procedures to access internal systems or data when working remotely.
8. On termination of the relationship with FUSD all security policies for FUSD apply and remain in force surviving the terminated relationship.

Document Retention

It is each employee’s responsibility to save and/or archive email that he or she receives and wishes thereafter to access, or that are District records and required to be retained by law. Emails must be kept in your online email inbox or archive folder only, or in an appropriate SharePoint or OneDrive Document Repository. Archiving district-related emails outside a Fresno Unified system is prohibited.

If you store such documents outside of their required locations, you may be subject to disciplinary actions.

Incidental Use

As a convenience to the District Learner community, incidental personal use of District technology is permitted The AUP Policy still applies to incidental use with the addition of the following limitations:

1. Incidental personal use of District technology by Learners does not extend to family members or other acquaintances.
2. Incidental personal use must not result in direct costs to the District.
3. Incidental personal use must not interfere with the normal performance of an employee’s work duties or student learning.

Compliance / Regulation Contributed to by this Policy

This Acceptable Use Policy relies, in part, in requirements or concept from the following:

1. Family Education Rights and Privacy Act 1974 (FERPA)
2. The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
3. Children’s Internet Protection Act of 2000 (CIPA)
4. Protection of Pupil Rights Amendment (PPRA)
5. Copyright Act of 1976
6. Foreign Corrupt Practices Act of 1977
7. Computer Fraud and Abuse Act of 1986
8. Computer Security Act of 1987
9. California Ed Code
10. Student Online Personal Information Protection Act (SB1177)

ACCEPTANCE

Based on this notice and your student’s use of District Technology, parents and students assent to this Acceptable Use Policy and acknowledge the importance of personal responsibility to these policies including, but not limited to the following.

Parent/Guardian Responsibilities:

• Supervise your student’s use of the device outside of the District network.
• Review and discuss the District’s Acceptable Use Policy (AUP) with your student.
• Return the device if requested, or your student withdraws or graduates from Fresno Unified.
• Pay fees associated with replacement or repair of damaged computers.
• Indemnify and hold harmless the District and District personnel for any damages or costs arising from or related to a violation of the Acceptable Use Policy.

STUDENT BRING YOUR OWN DEVICE (BYOD) POLICY

Fresno Unified has adopted a one to one device strategy. The District does have laptops available for students to borrow. However, some parents and students may opt to use their own devices. Students who choose to bring their own devices will have the same access to internet accessible resources. Students participating in BYOD must adhere to the Student Code of Conduct, Student Handbook, Acceptable Use Policy, Board Policies, Federal and State laws. Using devices in a manner that disrupts the learning environment may result in an appropriate intervention.

The District does have the authority to establish standards on devices connected to District networks, applications, and cloud services.

Parent/Guardian and Student Readiness

Using your own device for learning requires planning preparation as well as parent understanding. Devices are to be used for student learning while at school. District standard applications and platforms have been tested with the minimum specified requirements. District resources may not operate optimally on non-Windows based devices.

Parent/Guardian Responsibilities

• Discuss your family’s expectations regarding the use of the Internet and the device.
• Review the Acceptable Use Policy with your student. (https://go.fresnou.org/aup)
• Supervise your student’s use of the device outside of the District network.
• Ensure the student charged the device and it is ready for learning.

Resources: For more information on student safety, please visit: https://it.fresnounified.org/cybersafety-parents/

Student Responsibilities

• Practice good digital citizenship.
• Review the Acceptable Use Policy with your Parent or Guardian. (https://go.fresnou.org/aup)
• Always maintain a secure working device.
• Make sure the device is available for learning when required.
• Ensure the device is charged and ready for learning and can sign into online resources.

Minimum and Recommended Device Specifications

Current Minimum Windows Laptop Specs Operating System: Windows 10 Processor: Intel Pentium 1.1ghz or better Display: 11” or larger (touchscreen recommended) Memory: 4GB Storage: 128 GB SSD Camera: HD with microphone Connectivity: 802.11 AC (2×2) + Bluetooth Ports: USB 3.0, HDMI

Current Recommended Windows Laptop Specs Operating System: Windows 10 Processor: Intel Pentium Silver N5030 3.1 GHz Display: 11.6” or larger Memory: 4GB Storage: 128 GB SSD Camera: HD with microphone Connectivity: 802.11 AC (2×2) + Bluetooth Ports: USB 3.0, HDMI

Security Protocols & Content Filtering All devices must use an anti-malware solution or have Windows Defender enabled. Devices may be quarantined on the district network if it is exhibiting signs of being compromised. The District recommends students use a device password to prevent unauthorized access. Students and parents should be aware that devices may be subject to search by school administrators if the device is suspected of a violation of district policy. If the device is locked or password-protected, the student may be asked to unlock the device at the request of a school administrator. The District will filter content accessed by devices on the District wireless network. It is up to the parent/guardian to use a filtering solution while the student is at home.

Network BYOD devices may be segmented on district networks to ensure security standards and protect District assets. Students who bring their devices to school must use the “Guest” filtered wireless network. Wired access to the District’s network is strictly prohibited. BYOD devices may not have access to local resources, such as printers.

Support The District may be able to provide support on District approved applications and minor district network configuration issues. The District cannot troubleshoot/diagnose problems with computer hardware, Operating System (OS), virus/malware infections on student-owned devices, or install District licensed software.

Family Learning and Technology Support (559)457-3939 Hours of Operation: Monday-Friday 7:00-4:00

Liability Waiver No Warranties, expressed or implied, are made by Fresno Unified School District (FUSD). The District is not responsible for damage or harm to persons, files, data, hardware, or service interruptions while students are using their device. The property owner assumes any risk or loss by bringing their device to school.

Additional Online Safeguards for Students: Gaggle

Fresno Unified has partnered with Gaggle to add additional safeguards while students are online using Microsoft Teams, Microsoft Office 365 email and OneDrive. Gaggle uses key phrases and technology to identify and flag inappropriate language, threats, bullying and harassment, inappropriate sexual content and situations that might lead to self-harm. Gaggle service follows all state and federal laws protecting student privacy. Gaggle’s staff review and, where appropriate, notify a school administrator or social-emotional support staff to provide the necessary response. School administrators orial emotional support staff provide responsive support for students’ well-being, safety, and their continued growth. The district has a team of school psychologists and social workers to field notifications and provide support on nights, weekends, and holidays.

ASBESTOS LETTER OF COMPLIANCE

It is the intent of this letter to provide annuaotice of the status of Available at the District Service Center, 4600 N. Brawley Avenue, Fresno. Individual site plans are available at each school.

Within the last year, the following activities have taken place:

• Additional testing at the Ed Center / April 2022
• Asbestos flooring removal in the Hoover Gym / March 2022
• Asbestos flooring removal in the Bullard Kitchen /July 2022
• Asbestos pipe insulation removal at Bullard in south gym / May 2022

The AHERA six-month building inspections were completed in December 2022 and June 2023. All records of these inspections are located at the Environmental Services office, as well as onsite AHERA Management Plans.

The LEA Designee for Fresno Unified School District is Derek Vedenoff, 457-3055.

HEALTHY SCHOOLS ACT OF 2000

The Healthy Schools Act of 2000 requires all California school districts to notify parents/guardians of pesticides, which may be applied during the year. It is the policy of Fresno Unified School District to use the least toxic pest management practices in order to reduce pesticide exposure of the students. The District applies pesticides only when less toxic methods have failed. Only personnel trained in principles of integrated pest management may apply these pesticides. Parents/Guardians may request prior notification, in writing, at least 72 hours before pesticides are applied. Notices of this pesticide application will be posted at the school. E.C. 17612, 48980.3; A.R. 3514.2

Name of Substance	Active Ingredient(s)	Name of Substance	Active Ingredient(s)
Advion Cockroach Gel Bait	Indoxacarb; carboxylet 0.6%	JT Eaton Bait Block	Diphacinone
Advion Granule	Idoxacarb 0.22%	Lifeline	Glufosinate ammonium (20-30%)
Archer IGR	Pyridine 1.3%	Masterline	Bifethrin 7.9%
Avert Dry Bait	Abamectin 0.050%	MaxForce Granular Bait	Hydramethylnon / Oleic acid
Bedlam	3-phenoxybenzyl; 2 dimethyl; 2methylprop;	NyGuard IGR	2-[1-Methyl-2-(4-phenoxyphenoxy) ethoxyl pyridine 10.0%
BP-100 (ULD)	Pyrethrins;Piperonly;n-Octy	Orange Guard	d-Limonene (solvent)
CB 80	Pyrethrins; Piperonly Butoxide	Phantom	Chlorfenapyr 21.45%
Contrac	Bromadiolone 0.005%	Pre Core 2000	Methoprene
Cross Check Plus	Bifenthrin 7.9%
CrossFire	Clothianidin; Metofluthrin; Piperonyl Butoxide
Cy-Kick CS	Cyfluthrin 6.0%
Cyper TC	Cypermethrin	Suspend SC	Deltamethrin 4.75%
Cyper WSP	Cypermethrin	Taurus SC	Fipronil 9.1%
DeltaDust	Deltamethrin 0.05%	Tempo SC Ultra	Cyano; Methyl;Cyclopropane carb. 11.8%
Demand CS	Lambda-cyhalothrin 9.7%	Temprid SC	Imidacloprid; N-nitro-2-imidazolidinimine 21.0%
Diphacinone Treated Grain	Diphacinone 0.01%
Drain Gel	N/A	Terro Ant Bait	Sodium Tetraborate 5.40%
Essentria G (Granular)	Eugenol (Clove Oil) 2.90%	Tribute Total	Halosulfuron-methyl 30.8% Foramsulfuron 19.8%
Essentria IC-3	Rosemary Oil;Geraniol; Peppermint Oil	Wasp Freeze	d-transAllethrin 0.129%; Phenothrin 0.120%
Exciter	Pyrethrins 6.0%; Piperonyl Butoxide 34.0%	Zenprox EC	Etofeprox 16.2%; Piperonyl butoxide 64.8%
JT Answer for Gophers	Diphacinone	Surflan AS	Oryzalin:3,5-N4N4-Dipropylsulfanilamide
Lifeline	Glufosinate-ammonia 24.5%	Gallery SC	Isoxaben 45.45%
SpecticleFLO	Indaziflam 7.4%	Cheetah Pro	Clufosinate-Ammonium

You can find more information regarding these pesticides and pesticide use reduction at the following web site: www.cdpr.ca.gov. If you have any questions, please contact the Fresno Unified Environmental Services Department at 457-3043. If you would like to be notified every time we apply a pesticide, please complete and return the form below to your child’s school. I would prefer to be contacted by (check one) U.S. Mail _____ Email ______ Phone _____

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REQUEST FOR INDIVIDUAL PESTICIDE APPLICATION NOTIFICATION 2023/2024

I understand that, upon request, the school district is required to supply information about individual pesticide applications at least 72 hours before application. I would like to be notified before each pesticide application at this school.

Please print neatly:

School ____________________________________________________________ Date: ________________________

Student’s Name _____________________________________________________ Room Number _________________

Name of Parent/Guardian: _____________________________________________

Email:_______________________________________________ City: _______________________ Zip: ________________

Day Phone: (____) ___________________________________________ Evening Phone: (____) _____________________________

Return a separate notification for each child to their school