JULY 2016 - JUNE 2017 - REVISED MANHATTAN BEACH UNIFIED SCHOOL DISTRICT
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Independence Day - July 4, 2016 Labor Day - September 5, 2016 Local Holidays - October 3 & 12, 2016 Veterans Day - November 11, 2016 Thanksgiving Recess - Nov. 23-25, 2016 Winter Recess - Dec. 23, 2016 - Jan. 6, 2017 Martin Luther King Day - January 16, 2017 Presidents' Holiday Recess February 16-20, 2017 Spring Break - April 10-17, 2017 Memorial Day - May 29, 2017 1st Semester - 77 Days 2nd Semester - 103 Days 1st Semester Ends 12/22/2016
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Approved by: MBUTA:__________ CSEA: __________ Board of Trustees__________
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Manhattan Beach USD | BP 0410 Philosophy, Goals, Objectives and Comprehensive Plans Nondiscrimination In District Programs And Activities The Governing Board is committed to providing equal opportunity for all individuals in education. District programs, activities, and practices shall be free from discrimination based on race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; 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. (cf. 4030 - Nondiscrimination in Employment) (cf. 4032 - Reasonable Accommodation) (cf. 4033 - Lactation Accommodation) (cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave) (cf. 5131.2 - Bullying) (cf. 5145.3 - Nondiscrimination/Harassment) (cf. 4119.11/4219.11/4319.11 - Sexual Harassment) (cf. 5145.7 - Sexual Harassment) (cf. 5146 - Married/Pregnant/Parenting Students) (cf. 6145.2 - Athletic Competition) (cf. 6164.4 - Identification and Evaluation of Individuals for Special Education) (cf. 6164.6 - Identification and Education under Section 504) (cf. 6178 - Career Technical Education) (cf. 6200 - Adult Education) Annually, the Superintendent or designee shall review district programs and activities to ensure the removal of any barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing district programs and activities, including the use of facilities. He/she shall take prompt, reasonable actions to remove any identified barrier. The Superintendent or designee shall report his/her findings and recommendations to the Board after each review. (cf. 1330 - Use of Facilities) Pursuant to 34 CFR 104.8 and 34 CFR 106.9, the Superintendent or designee shall notify students, parents/guardians, employees, employee organizations, applicants for admission and employment, and sources of referral for applicants about the district's policy on nondiscrimination and related complaint procedures. Such notification shall be included in each announcement, bulletin, catalog, handbook, application form, or other materials distributed to these groups. (cf. 1312.3 - Uniform Complaint Procedures)
(cf. 4031 - Complaints Concerning Discrimination in Employment) (cf. 4112.9/4212.9/4312.9 - Employee Notifications) (cf. 5145.6 - Parental Notifications) The district's nondiscrimination policy and related informational materials shall be published in a format that parents/guardians can understand. In addition, when 15 percent or more of a school's students speak a single primary language other than English, those materials shall be translated into that other language. Access for Individuals with Disabilities District programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act and any implementing standards and/or regulations. (cf. 6163.2 - Animals At School) (cf. 7110 - Facilities Master Plan) (cf. 7111 - Evaluating Existing Buildings) The Superintendent or designee shall ensure that the district provides auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, notetakers, written materials, taped text, and Braille or large print materials. (cf. 6020 - Parent Involvement) Individuals with disabilities shall notify the Superintendent or principal if they have a disability that requires special assistance or services. Reasonable notification should be given prior to the school-sponsored function, program, or meeting. (cf. 9320 - Meetings and Notices) (cf. 9322 - Agenda/Meeting Materials) Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination 48985 Notices to parents in language other than English 51007 Legislative intent: state policy GOVERNMENT CODE 11000 Definitions 11135 Nondiscrimination in programs or activities funded by state 11138 Rules and regulations 12900-12996 Fair Employment and Housing Act 54953.2 Brown Act compliance with Americans with Disabilities Act
PENAL CODE 422.55 Definition of hate crime 422.6 Interference with constitutional right or privilege CODE OF REGULATIONS, TITLE 5 4600-4687 Uniform complaint procedures 4900-4965 Nondiscrimination in elementary and secondary education programs receiving state financial assistance UNITED STATES CODE, TITLE 20 1400-1482 Individuals with Disabilities in Education Act 1681-1688 Discrimination based on sex or blindness, Title IX 2301-2415 Carl D. Perkins Vocational and Applied Technology Act 6311 State plans 6312 Local education agency plans UNITED STATES CODE, TITLE 29 794 Section 504 of the Rehabilitation Act of 1973 UNITED STATES CODE, TITLE 42 2000d-2000d-7 Title VI, Civil Rights Act of 1964 2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended 2000h-2000h-6 Title IX 12101-12213 Americans with Disabilities Act CODE OF FEDERAL REGULATIONS, TITLE 28 35.101-35.190 Americans with Disabilities Act 36.303 Auxiliary aids and services CODE OF FEDERAL REGULATIONS, TITLE 34 100.1-100.13 Nondiscrimination in federal programs, effectuating Title VI 104.1-104.39 Section 504 of the Rehabilitation Act of 1973 106.1-106.61 Discrimination on the basis of sex, effectuating Title IX, especially: 106.9 Dissemination of policy Management Resources:
CSBA PUBLICATIONS Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-Nonconforming Students, Policy Brief, February 2014 Interim Guidance Regarding Transgender Students, Privacy, and Facilities, September 27, 2013 Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011 U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS Notice of Non-Discrimination, January, 1999 Protecting Students from Harassment and Hate Crime, January, 1999 Nondiscrimination in Employment Practices in Education, August, 1991 U.S. DEPARTMENT OF JUSTICE PUBLICATIONS 2010 ADA Standards for Accessible Design, September 2010 WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov Safe Schools Coalition: http://www.casafeschoolscoalition.org Pacific ADA Center: http://www.pacdbtac.org U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr/index.html U.S. Department of Justice, Civil Rights Division, Americans with Disabilities Act: http://www.ada.gov Policy MANHATTAN BEACH UNIFIED SCHOOL DISTRICT adopted: February 2, 2005 Manhattan Beach, California reviewed: September 5, 2007 revised: July 16, 2014
Manhattan Beach USD | BP 1312.3 Community Relations Uniform Complaint Procedures The Governing Board recognizes that the district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early, informal resolution of complaints whenever possible and appropriate. To resolve complaints which cannot be resolved through such informal process, the Board shall adopt the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation. The district's uniform complaint procedures (UCP) shall be used to investigate and resolve the following complaints: 1. Any complaint alleging district violation of applicable state or federal law or regulations governing adult education programs, consolidated categorical aid programs, career technical and technical education and training programs, child nutrition programs, and special education programs. (5 CCR 4610) (cf. 3553 - Free and Reduced Price Meals) (cf. 3555 - Nutrition Program Compliance) (cf. 5141.4 - Child Abuse Prevention and Reporting) (cf. 6159 - Individualized Education Program) (cf. 6171 - Title I Programs) (cf. 6174 - Education for English Language Learners) (cf. 6178 - Career Technical Education) (cf. 6178.1 - Work-Based Learning) (cf. 6178.2 - Regional Occupational Center/Program) (cf. 6200 - Adult Education) 2. Any complaint alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) any person, based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics, in district programs and activities, including, but not limited to, those funded directly by or that receive or benefit from state financial assistance. (5 CCR 4610) (cf. 0410 - Nondiscrimination in District Programs and Activities) (cf. 4030 - Nondiscrimination in Employment) (cf. 4031 - Complaints Concerning Discrimination in Employment) (cf. 5145.3 - Nondiscrimination/Harassment) (cf. 5145.7 - Sexual Harassment)
3. Any complaint alleging district violation of the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities. (5 CCR 4610) (cf. 3260 - Fees and Charges) (cf. 3320 - Claims and Actions Against the District) 4. Any complaint alleging that the district has not complied with legal requirements related to the implementation of the local control and accountability plan. (Education Code 52075) (cf. 0460 - Local Control and Accountability Plan) 5. Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy. 6. Any other complaint as specified in a district policy The Board recognizes that alternative dispute resolution (ADR) can, depending on the nature of the allegations, offer a process to reach a resolution to the complaint that is agreeable to all parties. One type of ADR is mediation, which shall be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate. The Superintendent or designee shall ensure that the use of ADR is consistent with state and federal laws and regulations. The district shall protect all complainants from retaliation. In investigating complaints, the confidentiality of the parties involved shall be protected as required by law. As appropriate for any complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the Superintendent or designee shall keep confidential the identity of the complainant and/or the subject of the complaint, if he/she is different from the complainant, as long as the integrity of the complaint process is maintained. (cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information) (cf. 5125 - Student Records) (cf. 9011 - Disclosure of Confidential/Privileged Information) When an allegation that is not subject to the UCP is included in a UCP complaint, the district shall refer the nonUCP allegation to the appropriate staff or agency and shall investigate and, if appropriate, resolve the UCPrelated allegation(s) through the district's UCP. The Superintendent or designee shall provide training to district staff to ensure awareness and knowledge of current law and related requirements, including the steps and timelines specified in this policy and the accompanying administrative regulation. (cf. 4131 - Staff Development) (cf. 4231 - Staff Development) (cf. 4331 - Staff Development) The Superintendent or designee shall maintain records of all UCP complaints and the investigations of those complaints. All such records shall be destroyed in accordance with applicable state law and district policy. (cf. 3580 - District Records) Non-UCP Complaints
The following complaints shall not be subject to the district's UCP but shall be referred to the specified agency: (5 CCR 4611) 1. Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services, the County Protective Services Division, and the appropriate law enforcement agency. 2. Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to Department of Social Services and shall, for licensing-exempt facilities, be referred to the appropriate Child Development regional administrator. 3. Any complaint alleging employment discrimination shall be sent to the California Department of Fair Employment and Housing and the compliance officer shall notify the complainant by first class mail of the transfer. 4. Any complaint alleging fraud shall be referred to the California Department of Education. In addition, the district's Williams Uniform Complaint Procedures, AR 1312.4, shall be used to investigate and resolve any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments. (Education Code 35186) (cf. 1312.4 - Williams Uniform Complaint Procedures) Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination 8200-8498 Child care and development programs 8500-8538 Adult basic education 18100-18203 School libraries 32289 School safety plan, uniform complaint procedures 35186 Williams uniform complaint procedures 48985 Notices in language other than English 49010-49013 Student fees 49060-49079 Student records 49490-49590 Child nutrition programs 5260-52077 Local control and accountability plan, especially 52075 Complaint for lack of compliance with local control and accountability plan requirements 52160-52178 Bilingual education programs 52300-52490 Career technical education 52500-52616.24 Adult schools
52800-52870 School-based program coordination 54400-54425 Compensatory education programs 54440-54445 Migrant education 54460-54529 Compensatory education programs 56000-56867 Special education programs 59000-59300 Special schools and centers 64000-64001 Consolidated application process GOVERNMENT CODE 11135 Nondiscrimination in programs or activities funded by state 12900-12996 Fair Employment and Housing Act PENAL CODE 422.55 Hate crime; definition 422.6 Interference with constitutional right or privilege CODE OF REGULATIONS, TITLE 5 3080 Application of section 4600-4687 Uniform complaint procedures 4900-4965 Nondiscrimination in elementary and secondary education programs UNITED STATES CODE, TITLE 20 1221 Application of laws 1232g Family Educational Rights and Privacy Act 1681-1688 Title IX of the Education Amendments of 1972 6301-6577 Title I basic programs 6801-6871 Title III language instruction for limited English proficient and immigrant students 7101-7184 Safe and Drug-Free Schools and Communities Act 7201-7283g Title V promoting informed parental choice and innovative programs 7301-7372 Title V rural and low-income school programs 12101-12213 Title II equal opportunities for individuals with disabilities UNITED STATES CODE, TITLE 29 794 Section 504 of Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 42 2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended 2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964 6101-6107 Age Discrimination Act of 1975 CODE OF FEDERAL REGULATIONS, TITLE 28 35.107 Nondiscrimination on basis of disability; complaints CODE OF FEDERAL REGULATIONS, TITLE 34 99.1-99.67 Family Educational Rights and Privacy Act 100.3 Prohibition of discrimination on basis of race, color, or national origin 104.7 Designation of responsible employee for Section 504 106.8 Designation of responsible employee for Title IX 106.9 Notification of nondiscrimination on basis of sex 110.25 Notification of nondiscrimination on the basis of age Management Resources: 12101-12213 Title II equal opportunity for individuals with disabilities UNITED STATES CODE, TITLE 29 794 Section 504 of Rehabilitation Act of 1973 UNITED STATES CODE, TITLE 42 2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended 2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964 6101-6107 Age Discrimination Act of 1975 CODE OF FEDERAL REGULATIONS, TITLE 28 35.107 Nondiscrimination on basis of disability; complaints CODE OF FEDERAL REGULATIONS, TITLE 34 99.1-99.67 Family Educational Rights and Privacy Act 100.3 Prohibition of discrimination on basis of race, color, or national origin 104.7 Designation of responsible employee for Section 504 106.8 Designation of responsible employee for Title IX 106.9 Notification of nondiscrimination on basis of sex
110.25 Notification of nondiscrimination on the basis of age WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov Family Policy Compliance Office: http://familypolicy.ed.gov U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr U.S. Department of Justice: http://www.justice.gov Policy MANHATTAN BEACH UNIFIED SCHOOL DISTRICT adopted: October 20, 2004 Manhattan Beach, California revised: February 16, 2005 revised: September 5, 2007 revised: August 21, 2013 revised: November 4, 2015
Manhattan Beach USD | AR 1312.4 Community Relations Williams Uniform Complaint Procedures Cautionary Notice: As added and amended by SBX3 4 (Ch. 12, Third Extraordinary Session, Statutes of 2009), ABX4 2 (Ch. 2, Fourth Extraordinary Session, Statutes of 2009), and SB 70 (Ch. 7, Statutes of 2011), Education Code 42605 grants districts flexibility in "Tier 3" categorical programs. The Manhattan Beach USD has accepted this flexibility and thus is deemed in compliance with the statutory or regulatory program and funding requirements for these programs for the 2008-09 through 2014-15 fiscal years. As a result, the district may temporarily suspend certain provisions of the following policy or regulation that reflect these requirements. For further information, please contact the Superintendent or designee. Types of Complaints The district shall use the following procedures to investigate and resolve complaints when the complainant alleges that any of the following has occurred: (Education Code 35186; 5 CCR 4681, 4682, 4683) 1. Textbooks and instructional materials a. A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state- or district-adopted textbooks or other required instructional materials to use in class. b. A pupil does not have access to textbooks or instructional materials to use at home or after school. This does not require two sets of textbooks or instructional materials for each pupil. c. Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage. (cf. 6161.1 - Selection and Evaluation of Instructional Materials) 2. Teacher vacancy or misassignment a. A semester begins and a teacher vacancy exists. b. A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner pupils in the class. (cf. 4112.22 - Staff Teaching Students of Limited English Proficiency) c. A teacher is assigned to teach a class for which the teacher lacks subject matter competency. Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of the semester for an entire semester. (Education Code 35186; 5 CCR 4600) Beginning of the year or semester means the first day classes necessary to serve all the pupils enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than 20 working days after the first day pupils attend classes for that semester. (5 CCR 4600) Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (Education Code 35186; 5 CCR 4600)
(cf. 4112.2 - Certification) (cf. 4113 - Assignment) 3. Facilities a. A condition poses an emergency or urgent threat to the health or safety of students or staff. Emergency or urgent threat means structures or systems that are in a condition that poses a threat to the health and safety of pupils or staff while at school, including, but not limited to, gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems; electrical power failure; major sewer stoppage; major pest or vermin infestation; broken windows or exterior doors or gates that will not lock and that pose a security risk; abatement of hazardous materials previously undiscovered that pose an immediate threat to pupils or staff; or structural damage creating a hazardous or uninhabitable condition. (Education Code 17592.72) b. A school restroom has not been cleaned, maintained, or kept open in accordance with Education Code 35292.5. Clean or maintained school restroom means a school restroom has been cleaned or maintained regularly, is fully operational, or has been stocked at all times with toilet paper, soap, or paper towels or functional hand dryers. (Education Code 35292.5) Open restroom means the school has kept all restrooms open during school hours when pupils are in classes. This does not apply when the temporary closing of the restroom is necessary for pupil safety or to make repairs. (Education Code 35292.5) 4. High school exit examination intensive instruction and services A pupil, including an English learner, who has not passed the exit exam by the end of grade 12 was not provided the opportunity to receive intensive instruction and services pursuant to Education Code 37254(d)(4) and (5) after completion of grade 12 for two consecutive academic years or until the pupil has passed both parts of the exam, whichever comes first. (Education Code 35186) (cf. 6162.52 - High School Exit Examination) (cf. 6179 - Supplemental Instruction) Filing of Complaint A complaint alleging any condition(s) specified in #1-3 in the section entitled "Types of Complaints" above, shall be filed with the principal or designee at the school in which the complaint arises. The principal or designee shall forward a complaint about problems beyond his/her authority to the Superintendent or designee in a timely manner, but not to exceed 10 working days. A complaint alleging a deficiency in #4 in the section entitled "Types of Complaints" above shall be filed with a district official designated by the Superintendent. Such complaints may be filed at the district office or school site and shall be immediately forwarded to the Superintendent or designee. (Education Code 35186) Investigation and Response The principal or designee shall make all reasonable efforts to investigate any problem within his/her authority. He/she shall remedy a valid complaint within a reasonable time period not to exceed 30 working days from the date the complaint was received. (Education Code 35186; 5 CCR 4685) Complaints may be filed anonymously. If the complainant has indicated on the complaint form that he/she would like a response to the complaint, the principal or designee shall report the resolution of the complaint to him/her
within 45 working days of the initial filing of the complaint. If a response is requested, the response shall be made to the mailing address of the complainant as indicated on the complaint form. At the same time, the principal or designee shall report the same information to the Superintendent or designee. (Education Code 35186; 5 CCR 4680, 4685) Education Code 48985 specifies that, when 15 percent or more of the pupils enrolled in a particular school speak a single primary language other than English, all notices, reports, statements, or records sent to the parents/guardians of such pupils be written in English and in the primary language. When Education Code 48985 is applicable and the complainant has requested a response, the response shall be written in English and in the primary language in which the complaint was filed. (Education Code 35186) If a complainant is not satisfied with the resolution of a complaint, he/she has the right to describe the complaint to the Governing Board at a regularly scheduled meeting. (Education Code 35186; 5 CCR 4686) For any complaint concerning a facilities condition that poses an emergency or urgent threat to the health or safety of pupils or staff as described in item #3a in the section entitled "Types of Complaints" above, a complainant who is not satisfied with the resolution proffered by the principal or Superintendent or designee may file an appeal to the Superintendent of Public Instruction within 15 days of receiving the district's response. The complainant shall comply with the appeal requirements specified in 5 CCR 4632. (Education Code 35186; 5 CCR 4687) All complaints and written responses shall be public records. (Education Code 35186; 5 CCR 4686) (cf. 1340 - Access to District Records) Reports The Superintendent or designee shall report summarized data on the nature and resolution of all complaints to the Board and the County Superintendent of Schools on a quarterly basis. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. These summaries shall be publicly reported on a quarterly basis at a regularly scheduled Board meeting. (Education Code 35186; 5 CCR 4686) Forms and Notices The Superintendent or designee shall ensure a Williams complaint form is available at each school. However, complainants need not use the district's complaint form in order to file a complaint. (Education Code 35186; 5 CCR 4680) The Superintendent or designee shall ensure that the district's complaint form contains a space to indicate whether the complainant desires a response to his/her complaint and specifies the location for filing a complaint. A complainant may add as much text to explain the complaint as he/she wishes. (Education Code 35186) The Superintendent or designee shall ensure that a notice is posted in each classroom in each school containing the components specified in Education Code 35186. (Education Code 35186) Legal Reference: EDUCATION CODE 1240 County superintendent of schools, duties 17592.72 Urgent or emergency repairs, School Facility Emergency Repair Account 33126 School accountability report card
35186 Williams uniform complaint procedure 35292.5 Restrooms, maintenance and cleanliness 37254 Supplemental instruction based on failure to pass exit exam by end of grade 12 48985 Notice to parents in language other than English 60119 Hearing on sufficiency of instructional materials CODE OF REGULATIONS, TITLE 5 4600-4687 Uniform complaint procedures, especially: 4680-4687 Williams complaints Management Resources: WEB SITES CSBA: http://www.csba.org California County Superintendents Educational Services Association: http://www.ccsesa.org California Department of Education, Williams case: http://www.cde.ca.gov/eo/ce/wc/index.asp State Allocation Board, Office of Public School Construction: http://www.opsc.dgs.ca.gov Regulation MANHATTAN BEACH UNIFIED SCHOOL DISTRICT approved: January 19, 2005 Manhattan Beach, California revised: September 5, 2007 revised: October 19, 2011
Manhattan Beach USD | AR 3513.3 Business and Noninstructional Operations Tobacco-Free Schools Notifications Information about the district's tobacco-free schools policy and enforcement procedures shall be communicated clearly to employees, parents/guardians, students, and the community. (Health and Safety Code 104420) (cf. 4112.9/4212.9/4312.9 - Employee Notifications) The Superintendent or designee may disseminate this information through annual written notifications, district and school web sites, student and parent handbooks, and/or other appropriate methods of communication. Signs stating "Tobacco use is prohibited" shall be prominently displayed at all entrances to school property. (Health and Safety Code 104420) Enforcement/Discipline Any employee or student who violates the district's tobacco-free schools policy shall be asked to refrain from smoking and shall be subject to disciplinary action as appropriate. (cf. 4118 - Suspension/Disciplinary Action) (cf. 4218 - Dismissal/Suspension/Disciplinary Action) (cf. 5144 - Discipline) (cf. 5144.1 - Suspension and Expulsion/Due Process) Any other person who violates the district's policy on tobacco-free schools shall be informed of the district's policy and asked to refrain from smoking. If the person fails to comply with this request, the Superintendent or designee may: 1. Direct the person to leave school property 2. Request local law enforcement assistance in removing the person from school premises 3. If the person repeatedly violates the tobacco-free schools policy, prohibit him/her from entering district property for a specified period of time (cf. 1250 - Visitors/Outsiders) (cf. 3515.2 - Disruptions) The Superintendent or designee shall not be required to physically eject a nonemployee who is smoking or to request that the nonemployee refrain from smoking under circumstances involving a risk of physical harm to the district or any employee. (Labor Code 6404.5) Regulation MANHATTAN BEACH UNIFIED SCHOOL DISTRICT approved: March 2, 2006 Manhattan Beach, California reviewed: September 5, 2007 reviewed: November 2, 2011
Manhattan Beach USD | BP 4020 Personnel Drug And Alcohol-Free Workplace The Governing Board believes that the maintenance of a drug- and alcohol-free workplace is essential to staff and student safety and to help ensure a productive and safe work and learning environment. (cf. 4112.41/4212.41/4312.41 - Employee Drug Testing) (cf. 4112.42/4212.42/4312.42 - Drug and Alcohol Testing for School Bus Drivers) An employee shall not unlawfully manufacture, distribute, dispense, possess, or use any controlled substance in the workplace. (Government Code 8355; 41 USC 701) In addition, employees are prohibited from being under the influence of controlled substances or alcoholic beverage while on duty. For purposes of this policy, on duty means while an employee is on duty during both instructional and non-instructional time in the classroom or workplace, at extracurricular or co-curricular activities, or while transporting students or otherwise supervising them. Under the influence means that the employee's capabilities are adversely or negatively affected, impaired, or diminished to an extent that impacts the employee's ability to safely and effectively perform his/her job. These prohibitions apply before, during and after school hours. A school district workplace is any place where school district work is performed, any school-owned or school-approved vehicle used to transport students to and from school or school activities; any off-school sites when accommodating a school-sponsored or schoolapproved activity or function where students are under district jurisdiction; or during any period of time when an employee is supervising students on behalf of the district or otherwise engaged in district business. The Superintendent or designee shall notify employees of the district's prohibition against drug use and the actions that will be taken for violation of such prohibition. (Government Code 8355; 41 USC 701) An employee shall abide by the terms of this policy and notify the district, within five days, of his/her conviction for violation in the workplace of any criminal drug statute. (Government Code 8355; 41 USC 701) The Superintendent or designee shall notify the appropriate federal granting or contracting agencies within 10 days after receiving notification, from an employee or otherwise, of any conviction for a violation occurring in the workplace. (41 USC 701) 41 USC 703 requires the district, within 30 days of receiving notification from an employee of his/her conviction of a controlled substance offense, to either discipline the employee or require him/her to complete a drug rehabilitation program as specified below. Pursuant to Education Code 44940 and 45304, when a certificated or classified employee is charged with a controlled substance offense as defined in Education Code 44011, the district must place the employee on a mandatory leave of absence. If the employee is ultimately convicted of the offense, Education Code 44836 and 45123 require the employee to be dismissed. In accordance with law and the district's collective bargaining agreements, the Superintendent or designee shall take appropriate disciplinary action, up to and including termination, against an employee for violating the terms of this policy and/or shall require the employee to satisfactorily participate in and complete a drug assistance or rehabilitation program approved by a federal, state, or local health or law enforcement agency or other appropriate agency. (cf. 4112 - Appointment and Conditions of Employment) (cf. 4117.4 - Dismissal) (cf. 4118 - Suspension/Disciplinary Action)
(cf. 4212 - Appointment and Conditions of Employment) (cf. 4218 - Dismissal/Suspension/Disciplinary Action) Drug-Free Awareness Program The Superintendent or designee shall establish a drug- and alcohol-free awareness program to inform employees about: (Government Code 8355, USC 701) 1. The dangers of drug and alcohol abuse in the workplace 2. The district's policy of maintaining a drug-free workplace 3. Available drug and alcohol counseling, rehabilitation, and employee assistance programs (cf. 4159/4259/4359 - Employee Assistance Programs) 4. The penalties that may be imposed on employees for drug and alcohol abuse violations occurring in the workplace Legal Reference: EDUCATION CODE 44011 Controlled substance offense 44425 Conviction of controlled substance offenses as grounds for revocation of credential 44836 Employment of certificated persons convicted of controlled substance offenses 44940 Compulsory leave of absence for certificated persons 44940.5 Procedures when employees are placed on compulsory leave of absence 45123 Employment after conviction of controlled substance offense 45304 Compulsory leave of absence for classified persons GOVERNMENT CODE 8350-8357 Drug-free workplace UNITED STATES CODE, TITLE 20 7111-7117 Safe and Drug Free Schools and Communities Act UNITED STATES CODE, TITLE 21 812 Schedule of controlled substances UNITED STATES CODE, TITLE 41 701-707 Drug-Free Workplace Act CODE OF FEDERAL REGULATIONS, TITLE 21 1308.01-1308.49 Schedule of controlled substances
COURT DECISIONS Cahoon v. Governing Board of Ventura USD, (2009) 171 Cal.App.4th 381 Ross v. RagingWire Telecommunications, Inc., (2008) 42 Cal.4th 920 Management Resources: WEB SITES California Department of Alcohol and Drug Programs: http://www.adp.ca.gov California Department of Education: http://www.cde.ca.gov U.S. Department of Labor: http://www.dol.gov Policy MANHATTAN BEACH UNIFIED SCHOOL DISTRICT adopted: September 5, 2007 Manhattan Beach, California revised: November 3, 2010 revised: February 2, 2011
Manhattan Beach USD | E 4040 Personnel Employee Use Of Technology ACCEPTABLE USE AGREEMENT AND RELEASE OF DISTRICT FROM LIABILITY (EMPLOYEES) The Manhattan Beach Unified School District authorizes district employees to use technology owned or otherwise provided by the district as necessary to fulfill the requirements of their position. The use of district technology is a privilege permitted at the district's discretion and is subject to the conditions and restrictions set forth in applicable Board policies, administrative regulations, and this Acceptable Use Agreement. The district reserves the right to suspend access at any time, without notice, for any reason. The district expects all employees to use technology responsibly in order to avoid potential problems and liability. The district may place reasonable restrictions on the sites, material, and/or information that employees may access through the system. The district makes no guarantee that the functions or services provided by or through the district will be without defect. In addition, the district is not responsible for financial obligations arising from unauthorized use of the system. Each employee who is authorized to use district technology shall sign this Acceptable Use Agreement as an indication that he/she has read and understands the agreement. Definitions District technology includes, but is not limited to, computers, the district's computer network including servers and wireless computer networking technology (Wi-Fi), the Internet, email, USB drives, wireless access points (routers), tablet computers, smartphones and smart devices, telephones, cellular telephones, personal digital assistants, pagers, MP3 players, wearable technology, any wireless communication device including emergency radios, and/or future technological innovations, whether accessed on or off site or through district-owned or personally owned equipment or devices. Employee Obligations and Responsibilities Employees are expected to use district technology safely, responsibly, and primarily for work-related purposes. Any incidental personal use of district technology shall not interfere with district business and operations, the work and productivity of any district employee, or the safety and security of district technology. The district is not responsible for any loss or damage incurred by an employee as a result of his/her personal use of district technology. The employee in whose name district technology is issued is responsible for its proper use at all times. Employees shall not share their assigned online services account information, passwords, or other information used for identification and authorization purposes, and shall use the system only under the account to which they have been assigned. Employees shall not gain unauthorized access to the files or equipment of others, access electronic resources by using another person's name or electronic identification, or send anonymous electronic communications. Furthermore, employees shall not attempt to access any data, documents, emails, or programs in the district's system for which they do not have authorization. Employees are prohibited from using district technology for improper purposes, including, but not limited to, use of district technology to: 1. Access, post, display, or otherwise use material that is discriminatory, defamatory, obscene, sexually explicit, harassing, intimidating, threatening, or disruptive
2. Disclose or in any way cause to be disclosed confidential or sensitive district, employee, or student information without prior authorization from a supervisor 3. Engage in personal commercial or other for-profit activities without permission of the Superintendent or designee 4. Engage in unlawful use of district technology for political lobbying 5. Infringe on copyright, license, trademark, patent, or other intellectual property rights 6. Intentionally disrupt or harm district technology or other district operations (such as destroying district equipment, placing a virus on district computers, adding or removing a computer program without permission, changing settings on shared computers) 7. Install unauthorized software 8. Engage in or promote unethical practices or violate any law or Board policy, administrative regulation, or district practice Privacy Since the use of district technology is intended for use in conducting district business, no employee should have any expectation of privacy in any use of district technology. The district reserves the right to monitor and record all use of district technology, including, but not limited to, access to the Internet or social media, communications sent or received from district technology, or other uses within the jurisdiction of the district. Such monitoring/recording may occur at any time without prior notice for any legal purposes including, but not limited to, record retention and distribution and/or investigation of improper, illegal, or prohibited activity. Employees should be aware that, in most instances, their use of district technology (such as web searches or emails) cannot be erased or deleted. All passwords created for or used on any district technology are the sole property of the district. The creation or use of a password by an employee on district technology does not create a reasonable expectation of privacy. Personally Owned Devices If an employee uses a personally owned device to access district technology or conduct district business, he/she shall abide by all applicable Board policies, administrative regulations, and this Acceptable Use Agreement. Any such use of a personally owned device may subject the contents of the device and any communications sent or received on the device to disclosure pursuant to a lawful subpoena or public records request. Records Any electronically stored information generated or received by an employee which constitutes a district or student record shall be classified, retained, and destroyed in accordance with BP/AR 3580 - District Records, BP/AR 5125 - Student Records, or other applicable policies and regulations addressing the retention of district or student records. Reporting If an employee becomes aware of any security problem (such as any compromise of the confidentiality of any login or account information) or misuse of district technology, he/she shall immediately report such information to the Superintendent or designee. Consequences for Violation
Violations of the law, Board policy, or this Acceptable Use Agreement may result in revocation of an employee's access to district technology and/or discipline, up to and including termination. In addition, violations of the law, Board policy, or this agreement may be reported to law enforcement agencies as appropriate. Employee Acknowledgment I have received, read, understand, and agree to abide by this Acceptable Use Agreement, BP 4040 - Employee Use of Technology, and other applicable laws and district policies and regulations governing the use of district technology. I understand that there is no expectation of privacy when using district technology or when my personal electronic devices use district technology. I further understand that any violation may result in revocation of user privileges, disciplinary action, and/or appropriate legal action. I hereby release the district and its personnel from any and all claims and damages arising from my use of district technology or from the failure of any technology protection measures employed by the district. Name: ___________________________________ Position: ______________________ (Please print) School/Work Site: ________________________________________________________ Signature: _____________________________________ Date:_____________________ Exhibit MANHATTAN BEACH UNIFIED SCHOOL DISTRICT version: November 4, 2015 Manhattan Beach, California
Manhattan Beach USD | AR 4119.11 Personnel Sexual Harassment Definitions Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the work or educational setting when: (Education Code 212.5; 5 CCR 4916) 1. Submission to the conduct is made explicitly or implicitly a term or condition of the individual's employment. 2. Submission to or rejection of such conduct by the individual is used as the basis for an employment decision affecting him/her. 3. The conduct has the purpose or effect of having a negative impact upon the individual's work or has the purpose or effect of creating an intimidating, hostile, or offensive work environment. The conduct is sufficiently severe, persistent, pervasive, or objectively offensive so as to create a hostile or abusive working environment or to limit the individual's ability to participate in or benefit from an education program or activity. 4. Submission to or rejection of the conduct by the other individual is used as the basis for any decision affecting him/her regarding benefits, services, honors, programs, or activities available at or through the district. Other examples of actions that might constitute sexual harassment, whether committed by a supervisor, a coworker, or a non-employee, in the work or educational setting, include, but are not limited to: 1. Unwelcome verbal conduct such as sexual flirtations or propositions; graphic comments about an individual's body; overly personal conversations or pressure for sexual activity; sexual jokes or stories; unwelcome sexual slurs, epithets, threats, innuendoes, derogatory comments, sexually degrading descriptions, or the spreading of sexual rumors 2. Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures; sexually explicit emails; displaying sexually suggestive objects 3. Unwelcome physical conduct such as massaging, grabbing, fondling, stroking, or brushing the body; touching an individual's body or clothes in a sexual way; cornering, blocking, leaning over, or impeding normal movements Prohibited sexual harassment may also include any act of retaliation against an individual who reports a violation of the district's sexual harassment policy or who participates in the investigation of a sexual harassment complaint. Training Every two years, the Superintendent or designee shall ensure that supervisory employees receive at least two hours of classroom or other effective interactive training and education regarding sexual harassment. All newly hired or promoted supervisory employees shall receive training within six months of their assumption of the supervisory position. (Government Code 12950.1) Supervisory employees mean any persons with the authority to hire, transfer, fire, suspend, layoff, assign, or reward an employee. The district's training and education program for supervisory employees shall include information and practical guidance regarding the federal and state laws on the prohibition against and the prevention and correction of
sexual harassment, and the remedies available to the victims of sexual harassment in employment. The training shall also include all of the content specified in 2 CCR 7288.0 and practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation. (Government Code 12950.1; 2 CCR 7288.0) The district may offer computer-based training as long as the training is interactive and provides a link as to how to contact a trainer to answer a question within two business days. In addition, the Superintendent or designee shall ensure that all employees receive periodic training regarding the district's sexual harassment policy, particularly the procedures for filing complaints and employees' duty to use the district's complaint procedures. Notifications A copy of the Board policy and this administrative regulation shall: (Education Code 231.5) 1. Be displayed in a prominent location in the main administrative building, district office, or other area of the school where notices of district rules, regulations, procedures, and standards of conduct are posted 2. Be provided to each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year or whenever a new employee is hired (cf. 4112.9/4212.9/4312.9 - Employee Notifications) 3. Appear in any school or district publication that sets forth the school's or district's comprehensive rules, regulations, procedures, and standards of conduct All employees shall receive either a copy of information sheets prepared by the California Department of Fair Employment and Housing (DFEH) or a copy of district information sheets that contain, at a minimum, components on: (Government Code 12950) 1. The illegality of sexual harassment 2. The definition of sexual harassment under applicable state and federal law 3. A description of sexual harassment, with examples 4. The district's complaint process available to the employee (cf. 4031 - Complaints Concerning Discrimination in Employment) 5. The legal remedies and complaint process available through DFEH and the Equal Employment Opportunity Commission (EEOC) 6. Directions on how to contact DFEH and the EEOC 7. The protection against retaliation provided by 2 CCR 7287.8 for opposing harassment prohibited by law or for filing a complaint with or otherwise participating in an investigation, proceeding, or hearing conducted by DFEH and the EEOC In addition, the district shall post, in a prominent and accessible location, DFEH's poster on discrimination in employment and the illegality of sexual harassment. (Government Code 12950) Regulation MANHATTAN BEACH UNIFIED SCHOOL DISTRICT approved: September 5, 2007 Manhattan Beach, California
revised: October 1, 2008
Manhattan Beach USD | BP 4119.11 Personnel Sexual Harassment The Governing 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 administrative regulation. (cf. 0410 - Nondiscrimination in District Programs and Activities) (cf. 4030 - Nondiscrimination in Employment) The Superintendent or designee shall take all actions necessary to ensure the prevention, investigation, and correction of sexual harassment, including but not limited to: 1. Providing training to employees in accordance with law and administrative regulation 2. Publicizing and disseminating the district's sexual harassment policy to staff (cf. 4112.9/4212.9/4312.9 - Employee Notifications) 3. Ensuring prompt, thorough, and fair investigation of complaints 4. Taking timely and appropriate corrective/remedial action(s), which may require interim separation of the complainant and the alleged harasser and subsequent monitoring of developments All complaints and allegations of sexual harassment shall be kept confidential to the extent necessary to carry out the investigation or to take other subsequent necessary actions. (5 CCR 4964) 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, a job applicant or a student, shall immediately report the incident to his/her supervisor, the principal, district administrator or Superintendent. A supervisor, principal or other district administrator who receives a harassment complaint shall promptly notify the Superintendent or designee. Complaints of sexual harassment shall be filed in accordance with AR 4030 - Nondiscrimination in Employment. An employee may bypass his/her supervisor in filing a complaint where the supervisor is the subject of the complaint. (cf. 4031 - Complaints Concerning Discrimination in Employment) 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. (cf. 4117.4 - Dismissal) (cf. 4118 - Suspension/Disciplinary Action) (cf. 4218 - Dismissal/Suspension/Disciplinary Action) Legal Reference: EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex GOVERNMENT CODE 12900-12996 Fair Employment and Housing Act, especially: 12940 Prohibited discrimination 12950.1 Sexual harassment training LABOR CODE 1101 Political activities of employees 1102.1 Discrimination: sexual orientation CODE OF REGULATIONS, TITLE 2 7287.8 Retaliation 7288.0 Sexual harassment training and education CODE OF REGULATIONS, TITLE 5 4900-4965 Nondiscrimination in elementary and secondary education programs receiving state financial assistance UNITED STATES CODE, TITLE 42 2000d-2000d-7 Title VI, Civil Rights Act of 1964 2000e-2000e-17 Title VII, Civil Rights Act of 1964, as amended 2000h-2-2000h-6 Title IX, 1972 Education Act Amendments CODE OF FEDERAL REGULATIONS, TITLE 34 106.9 Dissemination of policy COURT DECISIONS Department of Health Services v. Superior Court of California, (2003) 31 Cal.4th 1026 Faragher v. City of Boca Raton, (1998) 118 S.Ct. 2275 Burlington Industries v. Ellreth, (1998) 118 S.Ct. 2257 Gebser v. Lago Vista Independent School District, (1998) 118 S.Ct. 1989 Oncale v. Sundowner Offshore Serv. Inc., (1998) 118 S.Ct. 998 Meritor Savings Bank, FSB v. Vinson et al., (1986) 447 U.S. 57 Management Resources: OFFICE OF CIVIL RIGHTS AND NATIONAL ASSOCIATION OF ATTORNEYS GENERAL Protecting Students from Harassment and Hate Crime, January, 1999
WEB SITES California Department of Fair Employment and Housing: http://www.dfeh.ca.gov Equal Employment Opportunity Commission: http://www.eeoc.gov U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr/index.html Policy MANHATTAN BEACH UNIFIED SCHOOL DISTRICT adopted: September 5, 2007 Manhattan Beach, California revised: April 20, 2016
The definition of sexual harassment includes many forms of offensive behavior.
Department of Fair Employment and Housing such as a lead, supervisor, manager or agent; • the employer had no knowledge of the harassment; • there was a program to prevent harassment; and • once aware of any harassment, the employer took immediate and appropriate corrective action to stop the harassment.
Employees can also pursue the matter through a private lawsuit in civil court after a complaint has been filed with DFEH and a Right-to-Sue Notice has been issued. For more information, see publication DFEH-159 “Guide for Complainants and Respondents.”
Filing a Complaint Employees or job applicants who believe that they have been sexually harassed may file a complaint of discrimination with DFEH within one year of the harassment.
Sexual Harassment The Facts About Sexual Harassment The Fair Employment and Housing Act (FEHA) defines sexual harassment as harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth, or related medical conditions. The definition of sexual harassment includes many forms of offensive behavior, including harassment of a person of the same gender as the harasser. The following is a partial list of types of sexual harassment: • Unwanted sexual advances
DFEH serves as a neutral fact-finder and attempts to help the parties voluntarily resolve disputes. If DFEH finds sufficient evidence to establish that discrimination occurred and settlement efforts fail, the Department may file a civil complaint in state or federal court on behalf of the complaining party. The DFEH may seek punitive damages is entitled to attorney’s fees and costs if it prevails in litigation. Remedies include: • Fines or damages for emotional distress from each employer or person found to have violated the law
For more information, contact DFEH toll free at (800) 884-1684 TTY number at (800) 700-2320 or visit our Web site at www.dfeh.ca.gov In accordance with the California Government Code and ADA requirements, this publication can be made available in Braille, large print, computer disk, or tape cassette as a disability-related reasonable accommodation for an individual with a disability. To discuss how to receive a copy of this publication in an alternative format, please contact DFEH at the numbers above.
• Hiring or reinstatement • Back pay or promotion • Changes in the policies or practices of the involved employer
S tate of California Department of Fair Employment & Housing DFEH-185 (11/14)
• Offering employment benefits in exchange for sexual favors • Actual or threatened retaliation • Leering; making sexual gestures; or displaying sexually suggestive objects, pictures, cartoons, or posters • Making or using derogatory comments, epithets, slurs, or jokes • Sexual comments including graphic comments about an individual’s body; sexually degrading words used to describe an individual; or suggestive or obscene letters, notes, or invitations • Physical touching or assault, as well as impeding or blocking movements • Sexual desire is not necessary
The mission of the Departme nt of Fair Employme nt and Housing is to protect the people of California from unlawful discrim ination in employment , housing and public accomm odat ions, and from the perpetration of acts of hate violence.
Employers’ Obligations All employers must take the following actions against harassment: • Take all reasonable steps to prevent discrimination and harassment from occurring. If harassment does occur, take effective action to stop any further harassment and to correct any effects of the harassment. • Develop and implement a sexual harassment prevention policy with a procedure for employees to make complaints and for the employer to investigate complaints. Policies should include provisions to: • Fully inform the complainant of his/her rights and any obligations to secure those rights. • Fully and effectively investigate. The investigation must be thorough, objective, and complete. Anyone with information regarding the matter should be interviewed. A determination must be made and the results communicated to the complainant, to the alleged harasser and, as appropriate, to all others directly concerned. • Take prompt and effective corrective action if the harassment allegations are proven. The employer must take appropriate action to stop the harassment and ensure it will not continue. The employer must also communicate to the com-
plainant that action has been taken to stop the harassment from recurring. Finally, appropriate steps must be taken to remedy the complainant’s damages, if any. • Post the Department of Fair Employment and Housing (DFEH) employment poster (DFEH - 162) in the workplace (available through the DFEH publications line [916] 478-7201 or Web site). • Distribute an information sheet on sexual harassment to all employees. An employer may either distribute this pamphlet (DFEH 185) or develop an equivalent document that meets the requirements of Government Code section 12950(b). This pamphlet may be duplicated in any quantity. However, this pamphlet is not to be used in place of a sexual harassment prevention policy, which all employers are required to have. • All employees should be made aware of the seriousness of violations of the sexual harassment policy and must be cautioned against using peer pressure to discourage harassment victims from complaining. • Employers who do business in California and employ 50 or more part-time or full-time employees must provide at least two hours of sexual harassment training every two years to each supervisory employee and to all new supervisory employees within six months of their assumption of a supervisory position.
• A program to eliminate sexual harassment from the workplace is not only required by law, but is the most practical way for an employer to avoid or limit liability if harassment should occur despite preventive efforts. Employer Liability All employers, regardless of the number of employees, are covered by the harassment section of the FEHA. Employers are generally liable for harassment by their supervisors or agents. Harassers, including both supervisory and non-supervisory personnel, may be held personally liable for harassing an employee or coworker or for aiding and abetting harassment. Additionally, the law requires employers to take “all reasonable steps to prevent harassment from occurring.” If an employer has failed to take such preventive measures, that employer can be held liable for the harassment. A victim may be entitled to damages, even though no employment opportunity has been denied and there is no actual loss of pay or benefits. In addition, if an employer knows or should have known that a non-employee (e.g. client or customer) has sexually harassed an employee, applicant, or person providing services for the employer and fails to take immediate and appropriate corrective action, the employer may be held liable for the actions of the non-employee. An employer might avoid liability if • the harasser is not in a position of authority,
Manhattan Beach USD | BP 5141.4 Students Child Abuse Prevention And Reporting Child Abuse Prevention The Governing Board recognizes the district's responsibility to educate students about the dangers of child abuse so that they will acquire the skills and techniques needed to identify unsafe situations and to react appropriately and promptly. The district's instructional program shall include age-appropriate and culturally sensitive child abuse prevention curriculum. This curriculum shall explain students' right to live free of abuse, inform them of available support resources, and teach them how to obtain help and disclose incidents of abuse. The curriculum also shall include training in self-protection techniques. (cf. 6143 - Courses of Study) The Superintendent or designee shall seek to incorporate community resources into the district's child abuse prevention programs. To the extent feasible, the Superintendent or designee shall use these community resources to provide parents/guardians with instruction in parenting skills and child abuse prevention. (cf. 1020 - Youth Services) Child Abuse Reporting The Board recognizes that child abuse has severe consequences and that the district has a responsibility to protect students by facilitating the prompt reporting of known and suspected incidents of child abuse. The Superintendent or designee shall establish procedures for the identification and reporting of such incidents in accordance with law. (cf. 0450 - Comprehensive Safety Plan) Employees who are mandated reporters, as defined by law and administrative regulation, are obligated to report all known or suspected incidents of child abuse and neglect. Mandated reporters shall not investigate any suspected incidents but rather shall cooperate with agencies responsible for investigating and prosecuting cases of child abuse and neglect. The Superintendent or designee shall provide training regarding the reporting duties of mandated reporters. In the event that training is not provided to mandated reporters, the Superintendent or designee shall report to the California Department of Education the reasons that such training is not provided. (Penal Code 11165.7) Legal Reference: EDUCATION CODE 32280-32288 Comprehensive school safety plans 33308.1 Guidelines on procedure for filing child abuse complaints 44690-44691 Staff development in the detection of child abuse and neglect 44807 Duty concerning conduct of students 48906 Notification when student released to peace officer
48987 Dissemination of reporting guidelines to parents 49001 Prohibition of corporal punishment 51220.5 Parenting skills education PENAL CODE 152.3 Duty to report murder, rape, or lewd or lascivious act 273a Willful cruelty or unjustifiable punishment of child; endangering life or health 288 Definition of lewd or lascivious act requiring reporting 11164-11174.4 Child Abuse and Neglect Reporting Act WELFARE AND INSTITUTIONS CODE 15630-15637 Dependent adult abuse reporting CODE OF REGULATIONS, TITLE 5 4650 Filing complaints with CDE, special education students Management Resources: CDE LEGAL ADVISORIES 0514.93 Guidelines for parents to report suspected child abuse WEB SITES California Attorney General's Office, Crime and Violence Prevention Center: http://safestate.org California Department of Education, Safe Schools: http://www.cde.ca.gov/ls/ss California Department of Social Services, Children and Family Services Division: http://www.childsworld.ca.gov U.S. Department of Health and Human Services, National Clearinghouse on Child Abuse and Neglect Information: http://nccanch.acf.hhs.gov Policy MANHATTAN BEACH UNIFIED SCHOOL DISTRICT adopted: September 5, 2007 Manhattan Beach, California
Manhattan Beach Unified School District MEMO TO:
Parents and Staff
FROM:
Dawnalyn Murakawa-Leopard, Ed.D. Deputy Superintendent, Administrative Services
DATE:
June 1, 2016
RE:
Continuing Compliance with the Asbestos Hazard Emergency Response Act (AHERA)
The AHERA regulations require the District to annually update parents and staff regarding our ongoing asbestos compliance activities. The required EPA AHERA 3-Year Asbestos Re-inspection was completed in September 2014. An accredited inspector and an accredited management planner were used. The Asbestos Management Plan books are located at each site and continue to be available for public review. The required 6-month surveillance inspection will be completed during the month of July 2016. A Safety and Health consultant who is familiar with our schools performs the inspection. All new construction or renovation projects are documented to be asbestos free. The District facilities are inspected regularly and are in compliance with all current asbestos regulations. District staff is dedicated to continuing to provide the children of the community we serve with quality educational opportunities in a safe, positive and friendly environment.
Infectious Diseases In the School Setting: Blood-borne Pathogens & Universal Precautions (HIV/AIDS, Hepatitis B, Hepatitis C) Universal Blood-borne pathogens are infectious materials in blood that can cause disease in humans, including hepatitis B and C and human immunodeficiency virus, or HIV. Workers exposed to these pathogens risk serious illness or death (OSHA.gov). Blood-borne pathogens diseases that are carried in human blood are the most dangerous. Due to the fact that most blood-borne pathogens are resistant to medication that is available , they have no cure and spread easily and unnoticed from person to person. Here we will discuss three that need special attention in the school setting. HIV/AIDS. Hepatitis B, and C. What is HIV/AIDS HIV is the human immunodeficiency virus. It is a virus that can lead to acquired immune deficiency syndrome, or AIDS. HIV weakens the immune system, leaving the body vulnerable to tuberculosis (TB), pneumonia, cancers, and attacks on the brain and nervous system. HIV can take from several months to several years to develop into AIDS which is diagnosis based on clinical tests. A person with HIV may not look ill, and many who are infected do not know it. Symptoms of HIV are similar to those of many other illness, only a laboratory test can determine if a person is carrying the virus. What is Hepatitis Viral hepatitis refers to viral infections that attack the liver. So far, there are seven viruses that infect humans have been identified. The most common is hepatitis A, hepatitis B, hepatitis C and hepatitis D. All hepatitis viruses can cause serious illness, but most hazardous to school personnel are HBV and HCV. Hepatitis B- Is the most common serious liver disease in the world. As many as 1.25 million Americans are chronically infected. HBV can lead to scarring of the liver (cirrhosis), liver cancer, and death. Symptoms may take from one to six months or more after exposure to appear. Hepatitis B vaccine can prevent HBV infection, and medications are available to treat chronic hepatitis B, but there is no cure. Hepatitis C-As many as 4 million Americans have been infected with the hepatitis C virus. Most carriers are not aware they have the virus, and symptoms may take years to appear. HCV can lead to life threatening symptoms, leading to scarring of the liver(cirrhosis), liver cancer, and the need for liver transplant. There is no vaccine to prevent hepatitis C and there is no cure. However, with proper treatment and management can help persons infected with HCV lead full lives. Hepatitis A- is not blood-borne, but is can affect anyone, anywhere. It is spread from person to person by putting something in the mouth that has been contaminated by an infected person. HAV can spread through drinking contaminated water; eating fresh fruit or vegetables that were washed in contaminated water; or eating raw shellfish grown in contaminated water. Outbreaks in schools reflect on infection patterns in the community. Symptoms are similar to those of other hepatitis. With HAV symptoms develop within six weeks, and occur more often in adults than in children. Persons at risk of infection include people who attend or work in daycare settings, have
household or sexual contact with an infected person. Good personal hygiene, including handwashing, good sanitary conditions, and vaccination for persons at risk can prevent the spread of HAV. What is the risk of being exposed to HIV, Hepatitis B, C in the school setting? Blood is the single most common source of exposure to blood-borne pathogens in the workplace. Exposure in and around school can occur from direct contact with infected blood from cuts, skin scrapes, open sores, loose skin, body fluids containing blood, and blood on sharp objects that cut or puncture the skin. Healthy (non-broken) human skin is a natural protector which helps prevent a blood-borne virus from entering the body or bloodstream of some one not infected. School personnel can be exposed when their broken skin or mucous membranes (it is the soft, moist tissue that lines the eyes, mouth and other body cavities) come into contact with blood or blood contaminated body fluids of an infected person. Broken skin include open wounds, cuts and scratches, chapped or scraped skin, and human bites. The degree of exposure risk in the school setting is unknown. Since it is impossible to know who may be infected. Each personal contact and each encounter with blood and body fluids must be treated with care. Universal Precautions What is universal precautions? They are guidelines designed to reduce the risk of exposure the to diseases spread by blood, body fluids, body tissue containing visible blood, and other body fluids (including semen and vaginal secretions). Precautions that may apply to situations in the school setting are: Hand-washing- Proper hand-washing is the single most effective practice that prevents the spread of infectious diseases. When to wash hands: • on arrival at work • Whenever hands are visibly dirty or after cleaning up the work area • Before eating, drinking, feeding others, or handling food or kitchen utensils • Before and after using the toilet or helping others to toilet • Immediately after and contact with blood or body fluids and after contact with objects and surfaces soiled with body fluids such as: after wiping runny nose, after removing protective gloves and clothing, before going home, before applying cosmetics, smoking, and handling contact lenses. How to wash your hands: • Remove all jewelry. Rub hands together vigorously for 15 to 30 seconds. Scrub between fingers, under fingernails, and on tops and palms of hands. • Rinse well under running water, letting the water drain from wrist to fingertips. Leave the water running. • Dry hands thoroughly with a disposable paper towel. Use the towel to turn off the faucet. Discard the towel without touching the waste container.
• When assisting a child in hand-washing, have the child perform the steps above, then wash your hands. • If no hand washing facilities are not available, use waterless antiseptic hand cleaner, following the manufacturer's recommendations, and clean towels or pre-moistened towelettes. Still wash with soap and running water as soon possible. Gloves- The wearing of gloves provides a barrier to prevent direct contact with blood, body spills, and contaminated clothes, trash and waste containers. • Wear disposable single use latex gloves when giving first aid for cuts, abrasions, nosebleeds, playground and athletic injuries where blood is present. Gloves should be use only one time. And thrown away without touching the outside of the gloves. If the user has a latex allergy, non-latex gloves should be used. • General purpose utility gloves may be used for cleaning chores that involve body spills, including blood. Gloves must be in good condition and leak-proof, and must not be used if they are cracked, torn or peeling. Utility gloves may be cleaned (decontaminated) for reuse by rinsing them in disinfectant and must not be reused unless they are cleaned (decontaminated) • After removing gloves, wash your hand thoroughly. • Do not attend to others' injuries if you have uncovered cuts, abrasions, or non-intact skin conditions unless you are properly gloved. Cleanup-All areas affected by body spills must be cleaned and disinfected. Items needed are: disposable or waterproof gloves, paper towels or other absorbent material, a leak-proof plastic bag, and a disinfectant approved by the Environmental Protection Agency • On hard surfaces, cover the spill with paper towels. Pour disinfectant around edges of the spill, working to the center. Allow 20 minutes contact time, and then use paper towels to wipe up the spill, working from the edges of the spill to the center. • On carpets, cover the spill with a commercial absorbent material and wait 15 to 20 minutes before removing with a knife or similar device, then clean with a disinfectant other than a bleach solution, which may discolor the carpet. After the spill is removed, clean the area again with soap and water and fresh disinfectant. Place all waste materials in a plastic bag or other leakproof container for removal. • Soak submersible items in the bleach disinfectant for several minutes. • Rinse non-disposable items, such as utility gloves and mops, in the bleach disinfectant. Waste disposal- Follow established school procedures for safely disposing of regulated waste. *Handle sharp objects with care. Sharp objects and broken glass should not be removed with bare or gloved hands. To dispose of them, place them in containers that cannot be broken or penetrated, and label these containers appropriately. *Dispose of latex gloves, paper towels, and trash soaked with blood or body waste in appropriately labeled leak-proof plastic bags or lined waste containers. Dispose of trash bags and containers according to established procedures. HIV, HBV, and HCV do not spread through casual contact: You can not get HIV or hepatitis virus from:
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Sharing the same workspace or equipment with an infected person-this includes items such as tools, furniture, telephones, computer keyboards, drinking fountains and restroom facilities. Sharing space at home with and infected person, including the same properly washed eating utensils, dishes, and clothing Touching, hugging, shaking hands with, or lightly kissing an infected person with healthy skin Insect stings, including mosquito bites Donation blood
Human bites that break the skin should be treated as potentially infectious and should be antiseptically cleaned, bandaged. Athletic and Playground injury: The risk of spreading of blood-borne pathogen during participation in sport is considered very low. If bleeding occurs, play should be stopped until the wound stops bleeding and is properly cleaned and bandaged, using universal precautions as mentioned above. If gloves are not available, use an appropriate barrier-such as a towel, or give the injured person paper towels or other absorbent material, with instructions to apply pressure to the wound until it stops bleeding or until help is available. Blood spills and body fluids should be cleaned properly before play resumed. What can you do to protect yourself: 1. Use universal precautions in all situations to avoid direct contact with the blood and body fluids of others. 2. If you or a co-worker or student is involved in an exposure incident in which an open wound, non-intact skin or mucous membrane comes in contact with another person's blood or other blood-contaminated body fluid: *vigorously wash skin, cuts, scrapes, punctures and splashes with soap and running water for 10 minutes. Irrigate splashes to nose, mouth, and eyes (mucous membranes) for 15 minutes using water. *Report the incident to your supervisor. Include the names of everyone directly involved in the incident. *Have the exposed person see a doctor if referred by your supervisor or health/safety officer. 3. Identify daily activities that might expose you to infection. Plan how you will react, and have disposable latex gloves available. Read your district's health polices and exposure control plan. References http://www.CDC.gov http://www.Osha.gov
