9.16.16 1 Palo Alto Unified School District Vision Statement: We support all PAUSD students as they prepare themselves to thrive as global citizens in a rapidly changing world. We develop our students’ knowledge, critical thinking, and problem solving skills, and nurture their curiosity, creativity, and resilience, empowering every child to reach his or her fullest intellectual, social, and creative potential.

PLACE: ASPEN ROOM, ADMINISTRATION BUILDING 25 CHURCHILL AVENUE, PALO ALTO, CALIFORNIA

DATE: Friday, September 16, 2016 TIME: 8:30 a.m. – 10:00 a.m.

BOARD POLICY REVIEW COMMITTEE

AGENDA

BOARD POLICY REVIEW COMMITTEE (BPRC)

I. Call to Order/Introductions/Review Agenda

II. Review/Approve Minutes • August 31, 2016

III. Hearing of Persons Desiring to Address the

Committee on Policy Issues Not on the Agenda

IV. Discussion Items: A. Policies/Regulations/Exhibits

1. BP/AR 6161.1 – Selection and Evaluation of

Instructional Materials 2. AR 6152.1 (new) – Placement In Mathematics Courses 3. BP/AR 6162.8 – Research 4. Intellectual Property Policy (PAUSD new) 5. Various policies related to alcohol

(BP/AR 5131.6; BP/AR1330; BP4020)

Other Discussion Items: BPRC Parent Representative

V. Discussion of Future Agenda Items • Proposed policies for review

VI. Setting of Date, Time and Place of Next Meeting: We have tentatively scheduled our BPRC meetings for the third Friday of the month. Note: Dates are subject to change.

• Board Policy Study Session – September 27 (AM) • Friday, October 21, 2016 • Friday, November 18, 2016 • Friday, December 16, 2016

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Instruction BP 6161.1 SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS The Board of Education desires that district instructional materials, as a whole, present a broad spectrum of knowledge and viewpoints, reflect the diversity of our society, and enhance the use of multiple teaching strategies and technologies. The Board shall adopt instructional materials based on a determination that such materials are an effective learning resource to help students achieve grade-level competency and that the materials meet criteria specified in law. Textbooks, technology-based materials, and other educational materials shall be aligned with academic content standards and the district’s curriculum to ensure that they effectively support the district’s adopted courses of study.. (cf. 0440 - District Technology Plan) (cf. 6000 - Concepts and Roles) (cf. 6011 - Academic Standards) (cf. 6141 - Curriculum Development and Evaluation) (cf. 6143 - Courses of Study) (cf. 6146.1 - High School Graduation Requirements) (cf. 6161.11 - Supplementary Instructional Materials) (cf. 6162.5 - Student Assessment) (cf. 6163.1 - Library Media Centers) The Board shall select instructional materials for use in grades K-8 that have been approved by the State Board of Education (SBE) or have otherwise been determined to be aligned with the state academic content standards adopted pursuant to Education Code 60605 or the Common Core Standards adopted pursuant to Education Code 60605.8. (Education Code 60200, 60210) The Board shall adopt instructional materials for grades 9-12 upon determining that the materials meet the criteria specified in law and administrative regulation. (Education Code 60400) The Board's priority in the selection of instructional materials is to ensure that all students are provided with standards-aligned instructional materials in the core curriculum areas of English/language arts, mathematics, science, and history-social science. Review Process The Superintendent or designee shall establish a process by which instructional materials shall be reviewed for recommendation to the Board. Toward that end, he/she may establish an instructional materials review committee to evaluate and recommend instructional materials. (cf. 1220 – Citizen Advisory Committees) This process shall involve teachers in a substantial manner and shall also encourage the participation of parents/guardians and community members. (Education Code 60002) In addition, the instructional materials review committee may include administrators, other staff who have subject-matter expertise, and students as appropriate.

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All recommended instructional materials shall be available for public inspection at the district office. (cf. 5020 - Parent Rights and Responsibilities) If the district chooses to use instructional materials for grades K-8 that have not been adopted by the SBE, the Superintendent or designee shall ensure that a majority of the participants in the district's review process are classroom teachers who are assigned to the subject area or grade level of the materials. (Education Code 60210) Individuals who participate in selecting and evaluating instructional materials shall not have a conflict of interest, as defined in administrative regulation, in the materials being reviewed, as defined in administrative regulation. (cf. 9270 - Conflict of Interest) The committee shall review instructional materials using criteria provided in law and administrative regulation, and shall provide the Board with documentation supporting its recommendations. All recommended instructional materials shall be available for public inspection at the district office. (cf. 5020 - Parent Rights and Responsibilities) Public Hearing on Sufficiency of Instructional Materials The district may pilot instructional materials, using a representative sample of classrooms for a specified period of time during a school year, in order to determine how well the materials support the district's curricular goals and academic standards. Feedback from teachers piloting the materials shall be made available to the Board before the materials are adopted. The Board shall annually conduct one or more public hearings on the sufficiency of the district's textbooks and other instructional materials. (Education Code 60119) The hearing shall be held on or before the end of the eighth week from the first day students attend school for that year. (Education Code 60119) The Board encourages participation by parents/guardians, teachers, interested community members, and bargaining unit leaders at the hearing. Ten days prior to the hearing, the Superintendent or designee shall post, a notice in three public places within the district, containing the time, place, and purpose of the hearing. The hearing shall not take place during or immediately following school hours. (Education Code 60119) (cf. 9322 - Agenda/Meeting Materials) At the hearing(s), the Board shall determine, through a resolution, whether each student in each school has sufficient textbooks and/or instructional materials that are aligned to the state content standards adopted pursuant to Education Code 60605.8 and which are consistent with the content and cycles of the state’s curriculum frameworks. Sufficiency of instructional materials shall be determined in each of the following subjects: (Education Code 60119)

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1. Mathematics (cf. 6142.92 - Mathematics Instruction) 2. Science (cf. 6142.93 - Science Instruction) 3. History/social science (cf. 6142.94 - History-Social Science Instruction) 4. English language arts, including the English language development component of

an adopted program (cf. 6142.91 - English/Language Arts Instruction) (cf. 6174 - Education for English Language Learners) 5. Foreign language (cf. 6142.2 - World/Foreign Language Instruction) 6. Health (cf. 6142.8 - Comprehensive Health Education) The Board shall also determine the availability of science laboratory equipment, as applicable to science laboratory courses offered in grades 9-12. (Education Code 60119) In making these determinations, the Board shall consider whether each student has sufficient textbooks and/or instructional materials to use in class and to take home. However, this does not require that each student have two sets of materials. The materials may be in a digital format as long as each student, at a minimum, has and can access the same materials in the class and to take home as all other students in the same class or course in the district and has the ability to use and access them at home. However, the materials shall not be considered sufficient if they are photocopied sheets from only a portion of a textbook or instructional materials copied to address a shortage. (Education Code 60119) For example, fourth-grade students at all district schools must have instructional materials from the same SBE science adoption cycle, though fourth-grade students at different schools could be using materials from different publishers within the same adoption cycle. However, the district may use materials from different adoption cycles for grades K-3 and grades 4-8 since those students are not in the same "course." The Board shall also make a determination that all students within the district who are enrolled in the same course have "identical" standards-aligned textbooks or instructional materials from the same adoption cycle, as defined in Education Code 1240.3 and 60119. (Education Code 1240.3, 42605) If the Board determines that there are insufficient textbooks and/or instructional materials, the Board shall provide information to classroom teachers and to the public, setting forth for each school in which an insufficiency exists, the percentage of students who lack sufficient standards-aligned textbooks or instructional materials in each subject area, and the reasons that each student does not have sufficient textbooks and/or instructional materials. The Board shall take any action, except an action that would require reimbursement by the Commission of State Mandates, to ensure that each student has sufficient materials within two months of the beginning of the school year in which the determination is made. (Education Code 60119)

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Complaints Complaints concerning instructional materials shall be handled in accordance with law, Board policy, and administrative regulation. (cf. 1312.2 - Complaints Concerning Instructional Materials) (cf. 1312.4 - Williams Uniform Complaint Procedures) Legal Reference: EDUCATION CODE 220 Prohibition against discrimination 1240 County superintendent, general duties 1240.3 Definition of sufficiency for categorical flexibility 33050-33053 General waiver authority 33126 School accountability report card 35272 Education and athletic materials 42605 Tier 3 categorical flexibility 44805 Enforcement of course of studies; use of textbooks, rules and regulations 49415 Maximum textbook weight 51501 Nondiscriminatory subject matter 60000-60005 Instructional materials, legislative intent 60010 Definitions 60040-60052 Instructional requirements and materials 60060-60062 Requirements for publishers and manufacturers 60070-60076 Prohibited acts (re instructional materials) 60110-60115 Instructional materials on alcohol and drug education 60119 Public hearing on sufficiency of materials 60200-60210 Elementary school materials 60226 Requirements for publishers and manufacturers 60350-60352 Core reading program instructional materials 60400-60411 High school textbooks 60510-60511 Donation for sale of obsolete instructional materials 60605 State content standards 60605.8 Common Core Standards 60605.86-60605.88 Supplemental instructional materials aligned with Common Core Standards CODE OF REGULATIONS, TITLE 5 9505-9530 Instructional materials Management Resources: CSBA PUBLICATIONS Flexibility Provisions in the 2008 and 2009 State Budget: Policy Considerations for Governance Teams, Budget Advisory, March 2009 CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS 01-05 Guidelines for Piloting Textbooks and Instructional Materials, September 2001 Standards for Evaluating Instructional Materials for Social Content, 2000 WEB SITES CSBA: http://www.csba.org Association of American Publishers: http://www.publishers.org California Academic Content Standards Commission, Common Core Standards: http://www.scoe.net/castandards California Department of Education: http://www.cde.ca.gov Policy PALO ALTO UNIFIED SCHOOL DISTRICT adopted: 01.12.10 and 8.25.15 Palo Alto, California

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Instruction AR 6161.1 SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS Criteria for Selection and Adoption of Instructional Materials In recommending textbooks or other instructional materials for adoption by the Governing Board, the Superintendent or designee shall ensure that such materials: 1. Are aligned to any applicable academic content standards adopted by the State Board

of Education (SBE) pursuant to Education Code 60605 and/or Common Core Standards adopted pursuant to Education Code 60605.8

(cf. 6011 - Academic Standards) For grades K-8, the Superintendent or designee shall select instructional materials from among the list of materials adopted by the SBE and/or other materials that have not been adopted by the SBE but are aligned with the state academic content standards and/or the Common Core Standards. (Education Code 60200, 60210) (cf. 6161.11 - Supplementary Instructional Materials) For grades 9-12, the Superintendent or designee shall review instructional materials in history-social science, mathematics, English/language arts, and science using a standards map in order to determine the extent to which the materials are aligned to state academic content standards. 2. For grades 9-12, are provided by publishers that comply with the requirements of

Education Code 60040-60052, 60060-60062, and 60226 (Education Code 60400) 3. Do not reflect adversely upon persons because of their race or ethnicity, gender,

religion, disability, nationality, sexual orientation, occupation, or other characteristic listed in Education Code 220, nor contain any sectarian or denominational doctrine or propaganda contrary to law (Education Code 51501, 60044)

4. To the satisfaction of the Board, are accurate, objective, current, and suited to the needs and comprehension of district students at their respective grade levels (Education Code 60045)

5. With the exception of literature and trade books, use proper grammar and spelling (Education Code 60045)

6. Do not expose students to a commercial brand name, product, or corporate or company logo unless the Board makes a specific finding that the use is appropriate based on one of the following: (Education Code 60048, 60200) a. The commercial brand name, product, or corporate or company logo is used in

text for an educational purpose as defined in guidelines or frameworks adopted by the SBE.

b. The appearance of a commercial brand name, product, or corporate or company logo in an illustration is incidental to the general nature of the illustration.

(cf. 1325 - Advertising and Promotion)

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 7. If the materials are technology-based materials, are both available and comparable to

other, equivalent instructional materials (Education Code 60052) 8. Meet the requirements of Education Code 60040-60043 for specific subject content 9. Support the district's adopted courses of study and curricular goals (cf. 6141 - Curriculum Development and Evaluation) (cf. 6142.2 - World/Foreign Language Instruction) (cf. 6142.8 - Comprehensive Health Education) (cf. 6142.91 - English/Language Arts Instruction) (cf. 6142.92 - Mathematics Instruction) (cf. 6142.93 - Science Instruction) (cf. 6142.94 - History-Social Science Instruction) (cf. 6143 - Courses of Study) (cf. 6146.1 - High School Graduation Requirements) 10. Contribute to a comprehensive, balanced curriculum 11. Demonstrate reliable quality of scholarship as evidenced by:

a. Accurate, up-to-date, and well-documented information b. Objective presentation of diverse viewpoints c. Clear, concise writing and appropriate vocabulary d. Thorough treatment of subject matter

12. Provide for a wide range of materials at all levels of difficulty, with appeal to students of varied interests, abilities, and developmental levels

13. Include materials that stimulate discussion of contemporary issues and improve students' thinking and decision-making skills

14. Contribute to the proper articulation of instruction through grade levels 15. As appropriate, have corresponding versions available in languages other than

English 16. Include high-quality teacher's guides 17. Meet high standards in terms of the quality, durability, and appearance of paper,

binding, text, and graphics 18. When available, include options for lighter weight materials in order to help minimize

any injury to students by the combined weight of instructional materials Conflict of Interest To ensure integrity and impartiality in the evaluation and selection of instructional materials, any district employee who is participating in the evaluation of instructional materials and not otherwise designated in the district’s conflict of interest code shall sign a disclosure statement indicating that he/she shall not: 1. Shall not accept any emolument, money, or other valuable thing or inducement, to

directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material (Education Code 60072)

Sample copies of instructional materials are excepted from this prohibition. (Education Code 60075)

(cf. 9270 - Conflict of Interest)

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 2. Is not employed by nor receives compensation from the publisher or supplier of

the instructional materials or any person, firm, organization, subsidiary or controlling entity representing it

3. Does not have and will not or negotiate a contractual relationship with the publisher or supplier of the instructional materials or any person, firm, or organization subsidiary or controlling entity representing it

4. Does not have an interest as a contributor, author, editor, or consultant in any textbook or other instructional material submitted to the district

(cf. 9270 – Conflict of Interest) The balance of this regulation is no longer part of the CSBA sample. It is possible some is still pertinent to PAUSD and worth retaining. Instructional Materials Funding Realignment Program The district shall use Common Core allocations and General Fund money to ensure that each student is provided with standards-aligned textbooks or instructional materials, as adopted by the State Board of Education (SBE) for grades K-8, in the core curriculum areas of reading/language arts, mathematics, science, and history/social science. (Education Code 60422) Instructional materials for grades K-8 shall be selected from the list of standards-aligned materials adopted by the SBE. Instructional materials for grades 9-12 shall be adopted by the Board of Education. Standards-aligned materials in each core curriculum area shall be provided to each student at the beginning of the first school term that commences no later than 24 months after those materials are adopted by the SBE or the Board, as applicable. (Education Code 60422) (cf. 6011 - Academic Standards) For grades 9-12, the Superintendent or designee shall review instructional materials in history/social science, mathematics, reading/language arts, and science using a standards map in order to determine the extent to which the materials are aligned to the content standards adopted by the SBE. After the Board has certified that all students have been provided with standards-aligned instructional materials in the core curriculum areas, the district may use any remaining program funds for the purposes specified in Education Code 60242. (Education Code 60119, 60422) Instructional Materials Evaluation Committee The Superintendent or designee may establish an instructional materials evaluation committee to evaluate and recommend instructional materials for Board approval. This committee shall consist of a majority of teachers and may also include administrators, other staff who have subject-matter expertise, parents/guardians, community members, and students as appropriate. (cf. 1220 - Citizen Advisory Committees)

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 The committee shall review instructional materials using criteria provided above and in law, and shall provide the Board with documentation supporting its recommendations. Instructional Materials and Facilities 1. Selection of Instructional Materials. It shall be the policy of the district to provide

a wide range of instructional materials on all levels of difficulty, that have a diversity of appeal, and that present different points of view. The adoption and selection processes for the district’s instructional materials shall be guided by the Library Bill of Rights statement from the American Library Association, the School Library Bill of Rights, the “Freedom to Read” resolution from the National Council of Teachers of English, and the Mission Statement of the district. It shall also be the policy of the district to allow for the review of allegedly inappropriate materials through established procedures.

2. Textbooks and Core Literature. All basic textbooks and core literature titles

intended for districtwide use shall be adopted by the Board prior to use. The recommendation for adoption shall be developed cooperatively among groups of staff and community working together from the beginning of the textbook selection process. (Education Code 60000-60003)

Administrative Procedure 1. Selection Procedures:

a. Composition of the Committee. A textbook selection activity shall be communicated to the school community(ies) when such an activity is to be initiated. A Textbook Selection Committee shall be the basic unit for study and recommendation for adoption of basic textbooks. The committee shall be convened at least twice in the selection process once to define the tasks and responsibilities, and once to share findings and to discuss outcomes. Committees to select textbooks shall be composed as follows: (1) At the elementary level, this committee shall be the subject area

Curriculum Committee, and: • Shall include one or more classroom teachers from each

school, with a balance between teachers from primary and intermediate levels, and representation for the full array of special needs youngsters, including staff representation from special education

• Shall include two to five community members selected by the Superintendent or designee. The community members selected shall represent a balanced perspective of the community at large

• Shall include administrative and library staff representation, where appropriate.

(2) At the secondary level, this committee:

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1

• Shall include up to three staff members from each school, chosen from the department in which the text is to be used

• Shall include a community representative from each school area selected by the principal. The community members selected shall represent a balanced perspective of the community at large

• Shall include representation for the full array of special needs youngsters, including staff representation from special education

• Shall include one student from each school (the principal and student body officers shall advertise this opportunity and select the student by a process jointly agreed upon)

• Shall include administrative and library staff representation, where appropriate

b. Selection Criteria (1) Instructional materials shall be aligned with and supportive of

state frameworks and local curriculum goals: • At either the elementary or the secondary level, teacher

members will seek opinions from staff at their sites concerning how well instructional materials being examined in the selection process meet content needs and possess qualities of literary merit; are aligned with the curriculum; and incorporate or foster appropriate instructional strategies.

(2) As part of the selection process instructional materials shall be reviewed and assessed relative to their intended uses and to determine that they are at an appropriate age, maturity, and reading level relative to the student groups that will be using them.

• All pertinent information including such data as the scatter of reading scores and the reading level of the materials being examined shall be considered

• Selection consideration, as much as possible, shall be given to instructional materials that present information in a narrative style that is easily understood by most students

(3) Consideration in the selection process shall be given to the appropriateness of the instructional materials for use in the heterogeneous classroom setting to accommodate the full range of student needs including those of the high achieving student, the average ability student, the Special Education student, the disabled student, and the student with limited English.

(4) Careful attention shall be given in the selection process to

consideration of such social compliance stipulations of California

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 Education Code as racial and minority representations and sex role

stereotypes. • Community members will have the opportunity to

participate in the instructional materials selection and review process. This might involve PTA participation by members of a variety of school organizations, involvement of the Superintendent’s Curriculum Advisory Committee, and/or involvement of other interested community members.

• During the adoption process, instructional materials under consideration shall be placed in a central location for review by general public.

c. Field Testing Procedures. Field testing of instructional materials may be done when it is necessary in order to make a final determination of the potential of the materials in meeting specific instructional needs. In general, a field test activity should be conducted only after the use of other selection criteria and processes have failed to result in a clear adoption recommendation. When a field test is to be conducted, the following guidelines should be followed: • Whenever possible more than one program should be field tested

at one time; • The field testing activity should be distributed among schools,

grade levels, students, and teachers who are representative of the district in terms of experience, ethnicity, etc.

• Evaluation criteria should be developed before the field test begins that allow for comparison of similar components of competing programs

• Only those items from the complete set of a publisher’s materials that the district would intend to purchase as a part of an adoption activity should be included in a field test activity; i.e., unless ancillary materials will be purchased, they should not be included in the field test activity

• A note of information regarding the field test activity should be sent to parents of participating students prior to the piloting being initiated

In the event materials used for field test activities are provided by a vendor, they shall be returned to the vendor at the conclusion of the activities, unless the decision is that the materials are appropriate for use in district classrooms, in which case they shall be purchased on a confirming purchase order. This is necessary in order to avoid potential conflicts of interest as noted in the following section.

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 d. Conflict of Interest. To avoid potential conflict of interest that could bring

the credibility of instructional materials selections into question, persons involved in the selection process and/or connected with the preparation of an adoption recommendation may not participate in activities sponsored solely by publishers, producers, or vendors of instructional materials that could be construed as being outside of the channels of normal communication and information gathering. Examples of such activities might be: • Workshops or seminars when offered as extended or overnight

activities and/or in locations that exceed regular working environments and conditions;

• Events strictly for social rather than informational purposes, that are paid for by publishers, producers, or vendors of instructional materials; and

• The accepting of personal gifts or gratuities that exceed a value of $20 from publishers, producers, or vendors of instructional materials.

Participation in informational activities with regard to published materials at which a meal is provided shall be acceptable if the meal is incorporated as an integral part of workshop or seminar session, and/or if the cost of the meal is underwritten by the participant or the school district.

2. Adoption Process. Recommendations of textbooks for adoption shall be presented to the Board for action, along with a rationale statement for the adoption recommendation. Recommendations of all participating committees shall be presented to the Superintendent for consideration and to the Board of Education for approval. If the finding of the selection process is that no text being considered for adoption is acceptable, existing textbooks may continue to be used on an interim basis.

3. Challenge Process. In the event questions or concerns are raised with regard to

adopted textbooks, the following procedures shall be followed:

a. Site-level activities involving teachers, Instructional Supervisors, the principal or other responsible administrator, and/or the school librarian: (1) Discuss the challenge with the complainant to identify the cause of

the concern. (2) Provide the complainant with information on the selection criteria

and process used in developing adoption recommendations for textbooks and core literature titles. Emphasize: • Local curriculum efforts as they reflect statewide

frameworks and curriculum expectations • How the material contributes to the objectives of the

instructional program

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 • The efforts to involve multiple perspectives in the selection

process • The attempts to select materials that reflect the multiple

values of a pluralistic society

(3) Whenever possible, options and alternatives such as the use of a supplemental textbook or an alternative to a core title should be explored.

(4) If satisfactory resolution cannot be achieved, the principal or other responsible site administrator shall provide the complainant with a copy of the “Complaint on District Adopted Instructional Materials” form. The completed form shall be returned to the principal or responsible site administrator, and shall be forwarded to the Directors of Elementary and Secondary Education to initiate the formal challenge process at the district level. Until such time as the completed form has been received by the Director, K-12 Curriculum, the issue will not be considered a formal challenge, and no further action will be taken with regard to the material in question.

b. District-level activities: (1) Upon receipt of the completed complaint form, the Directors of

Elementary and Secondary Education shall assemble a representative committee of school personnel and community members to meet for the purpose of reviewing the challenge, reviewing the material, and making a recommendation with regard to the complaint. This recommendation will provide the basis for a response to the complainant by the Directors of Elementary and Secondary Education. During the review process, the student may be excused from the use of the challenged material.

(2) The Directors of Elementary and Secondary Education shall be responsible for communicating the results of the review process to the complainant, in writing, within one month of the complaint form having been received in the Curriculum Office.

(3) If satisfactory resolution is still not achieved, the complainant may appeal the decision to the Superintendent or designee and/or to the Board.

4. Other Instructional Materials. Instructional materials other than basic textbooks, that is those materials selected for use on a supplemental basis K-12 and/or for secondary elective courses, and that shall be used in direct instruction with 10 or more students, shall be reviewed for content relevance, for literary quality, and for the adequacy with which they treat the social compliance stipulations of

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1 Education Code, such as racial, minority, and disabled representations and sex

role stereotypes. (Education Code 60010-60028)

Administrative Procedure NOTE: Materials that have been previously reviewed for literary merit and social compliance are often compiled and produced as “master lists.” In the event such a list has been approved by the Board of Education, the materials included on that list shall not require further review as part of the selection process. Examples of documents from the California State Department of Education that provide such lists are: • Recommended Readings in Literature – K-8 • Recommended Readings in Literature – Grade 9-12 • Literature for History-Social Science – K-8

Materials to be purchased for use with 10 or more students that are not included on a Board approved list shall be subject to the selection procedures as noted on the following sections. 1. Review Committees

a. Site Level Selections. It shall be the responsibility of the principal or designated site administrator at the school level to identify a process for selection of supplemental materials for use at that site. The materials selected should be appropriate to the students and the instructional program at the site and consistent with selection criteria identified in district policy. The process may involve staff, students, and parents. The principal or designated site administrator shall be responsible for maintaining a current listing of supplemental and elective course materials selected for use at a site and for an annual reporting of selection decisions to the Directors of Elementary and Secondary Education.

b. District Level Selections. Supplemental and elective course materials selected for use at more than one site shall be reviewed through the following process: • Supplemental materials for kindergarten through grade 5 shall be

reviewed for compliance with policy criteria by the appropriate elementary curriculum committee with community representation. The chairperson of the curriculum committee shall be responsible for calling meetings of the review committee, for conducting the review process, and for reporting outcomes of the review process with regard to selection of supplemental materials to the Director, K-12 Curriculum.

• Supplemental and elective course materials for grades 6 through 12 shall be reviewed for compliance with policy criteria by the appropriate curriculum steering committee with community

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SELECTION AND EVALUATION OF INSTRUCTIONAL MATERIALS AR 6161.1

representation. An Instructional Supervisor from the subject area involved shall be selected to take the lead in the review process and shall be responsible for calling meetings of the review committee, for conducting the review process, and for reporting outcomes of the review process with regard to selection of supplemental materials to the Director, K-12 Curriculum.

2. Reporting Process. Results of the review process shall be presented to the Board

of Education on an annual basis. Included in the report will be a listing of the materials/texts reviewed and the outcomes of the review process.

3. Challenges Process. In the event questions or concerns are raised with regard to textbooks selected for supplemental or elective course use, the following procedures shall be followed: a. Site-level activities:

(1) The principal shall identify procedures for responding to the challenge. These procedures may involve staff and community representation and should incorporate the following activities: • Discussing the challenge with the complainant to identify

the cause of the concern. • Providing the complainant with information on the rationale

for selection of the material. • Exploring other supplemental textbooks or alternative titles

that might be substituted and serve the same instructional purposes.

(2) If satisfactory resolution cannot be achieved at the site level, a

complaint may be filed with the principal or other responsible site administrator. The complaint shall be forwarded to the Directors of Elementary and Secondary Education to initiate the formal challenge process at the district level. Until such time as the complaint has been received by the Directors of Elementary and Secondary Education, the issue will not be considered a formal challenge, and no further action will be taken with regard to the material in question.

b. District-level activities: (1) Upon receipt of the complaint, the Directors of Elementary and

Secondary Education shall assemble a representative committee of school personnel and community members to meet for the purpose of reviewing the challenge, reviewing the material, and making a recommendation with regard to the complaint. This recommendation will provide the basis for a response to the complainant by the Directors of Elementary and Secondary Education. During the review process, the student may be excused from the use of the challenged material.

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(2) The Directors of Elementary and Secondary Education, shall be responsible for communicating the results of the review process to the complainant, in writing, within one month of the complaint having been received in the Curriculum Office.

(3) If satisfactory resolution is still not achieved, the complainant may appeal the decision to the Superintendent or designee and/or to the Board.

5. Library Services. Library resource centers shall be established and maintained in all schools in the district. Students shall be charged for library books or other library materials that are lost or damaged. (Education Code 18102)

6. Library Materials. The Board endorses the principles delineated in the Library

Bill of Rights, and delegates to the Superintendent the responsibility of establishing procedures that will ensure the purchase of appropriate books and materials for district libraries.

Administrative Procedure The Associate Superintendent - Educational Services, in conjunction with the Directors of Elementary and Secondary Education, shall formulate and coordinate the processes of evaluating and purchasing library books and materials to be used in the school district. These processes shall include the selection and management of library materials and the process of responding to expressed concerns. 1. Selection Criteria. Materials selected for inclusion in school library collections

shall: a. Be supportive of the instructional program by being aligned with

curriculum efforts b. Be in good taste and yet broad enough to serve a pluralistic society c. Support reasonable student choices d. Provide quality literary experiences

2. Selection Process a. Existing library collections shall be assessed to identify areas where

additional curriculum support is needed or additional titles are desired. b. Suggestions and requests from staff and parents with regard to possible

materials to add to library collections shall be incorporated in the selection process.

c. Leading professional book review publications shall be surveyed to identify potential titles to add to library collections.

d. Consideration in the materials selection process shall be given to the age and maturity level of the students who will be using the materials.

e. Responsibility at the elementary school level for selection of library materials shall reside with the elementary librarian at each school site, with selections being governed by materials approved via the book “Book Selection Process.” (The “Book Selection Process” at the elementary school level is a process whereby each title is read by one or more of the elementary librarians and reviewed with the elementary librarians as a

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group. The purpose of the process is to identify materials that are curriculum, content, and age appropriate for inclusion in the district’s elementary school libraries. Materials that survive this screening are eligible to be selected and purchased for elementary school libraries.)

f. Using the best available review resources and recognizing the specific

needs of the school, the responsibility for the selection of materials for middle school and high school libraries shall reside with the librarian at each site.

3. Gift Materials. Materials that are given or donated to a school library for inclusion in the library collection shall be subject to the same criteria and review processes used in the selection of other library materials.

4. Challenge Process. In the event questions or concerns are raised with regard to school library materials, the following procedures shall be followed: a. Site-level activities involving librarians, teachers, principals, and/or

Instructional Supervisors: (1) Review the material in question. (2) Listen to the complainant and determine the cause for concern. (3) Provide the complainant with information on the process used in

selecting the material. (4) Explore possible rationale for inclusion:

• Curriculum and instructional implications • Need for library materials to be in good taste and yet broad

enough to serve a pluralistic society • Library materials are used on a choice basis • If children are to learn to make intelligent choices,

opportunity for choice must be provided • Older books may provide the opportunity to illustrate

changes in societal attitudes and values (5) If satisfactory resolution cannot be achieved at the site level, the

principal or other responsible administrator shall provide the complainant with a copy of the “Complaint on Library Materials” form.

(6) The completed complaint form shall be returned to the principal or responsible site administrator, and forwarded to the Director, K-12 Curriculum to initiate the formal challenge process at the district level.

Until such time as the completed form has been received by the Directors of Elementary and Secondary Education, the issue will not be considered a formal challenge, and no further action will be taken with regard to the material in question.

b. District-Level activities:

(1) Upon receipt of the completed complaint form, the Directors of Elementary and Secondary Education shall assemble a

13

representative committee of school personnel and community members to meet for the purpose of reviewing the challenge, reviewing the material, and making a recommendation with regard to the complaint. Chaired by the Directors of Elementary and Secondary Education, the committee shall be composed of the school librarian, the district librarian, a school administrator, a teacher from the school, a student (in the event of a high school challenge situation), and up to three parents from the school community selected by the principal. The parent members selected shall represent a balanced perspective of the community at large. The recommendation of the committee shall be communicated to the complainant by the Director, K-12 Curriculum. During the review process, the material being reviewed may be temporarily withdrawn from the school’s collection.

(2) The Director, K-12 Curriculum shall be responsible for communicating the results of the review process to the complainant, in writing, within one month of the complaint form having been received in the Curriculum Office.

(3) If satisfactory resolution is still not achieved, the complainant may appeal the decision to the Superintendent or designee and/or to the Board.

Regulation PALO ALTO UNIFIED SCHOOL DISTRICT approved: 8.25.15 Palo Alto, California

1

Placement In Mathematics Courses BP 6152.1 Instruction The Board of Education believes that a sound educational program must include the study of subjects that prepare students for admission to higher education and/or a fulfilling career. To the extent possible, district students shall be provided an opportunity to complete a sequence of mathematics courses recommended for admission into the University of California and California State University systems. (cf. 6141.5 - Advanced Placement) (cf. 6142.92 - Mathematics Instruction) (cf. 6143 - Courses of Study) (cf. 6146.1 - High School Graduation Requirements) The Superintendent or designee shall work with district teachers, counselors, and administrators and the representatives of feeder schools to develop consistent protocols for placing students in mathematics courses offered at district high schools. Such placement protocols shall systematically take into consideration multiple objective academic measures that may include, but are not limited to, interim and summative assessments, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards. (cf. 5121 - Grades/Evaluation of Student Achievement) (cf. 6162.5 - Student Assessment) (cf. 6162.51 - State Academic Achievement Tests) Students shall be enrolled in mathematics courses based on the placement protocols. No student shall repeat a mathematics course which he/she has successfully completed based on the district's placement protocols. When a student does not qualify to be enrolled in a higher level mathematics course based on a consideration of the objective measures specified in the placement protocols, he/she may nevertheless be admitted to the course based on the recommendation of a teacher or counselor who has personal knowledge of the student's academic ability. The placement protocols shall specify a time within the first month of the school year when students shall be reevaluated to ensure that they are appropriately placed in mathematics courses and shall specify the criteria the district will use to make this determination. Any student found to be misplaced shall be promptly placed in the appropriate mathematics course. Within 10 school days of an initial placement decision or a placement decision upon reevaluation, a student and his/her parent/guardian who disagree with the placement of the student may appeal the decision to the Superintendent or designee. The Superintendent or designee shall decide whether or not to overrule the placement determination within 10 school days of receiving the appeal. The decision of the Superintendent or designee shall be final.

2

(cf. 5123 - Promotion/Acceleration/Retention) District staff shall implement the placement protocols uniformly and without regard to students' race, sex, gender, nationality, ethnicity, socioeconomic background, or other subjective or discriminatory consideration in making placement decisions. (cf. 0410 - Nondiscrimination in District Programs and Activities) The Superintendent or designee shall ensure that all teachers, counselors, and other district staff responsible for determining students' placement in mathematics courses receive training on the placement protocols. (cf. 4131 - Staff Development) Prior to the beginning of each school year, the Superintendent or designee shall communicate the district's commitment to providing students with the opportunity to complete mathematics courses recommended for college admission, including approved placement protocols and the appeal process, to parents/guardians, students, teachers, school counselors, and administrators. This policy and the district's mathematics placement protocols shall be posted on the district's web site. (Education Code 51224.7) (cf. 1113 - District and School Web Sites) Annually, the Board and the Superintendent or designee shall review student data related to placement and advancement in the mathematics courses offered at district high schools to ensure that students who are qualified to progress in mathematics courses based on their performance on objective academic measures are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The Board and Superintendent shall also consider appropriate recommendations for removing any identified barriers to students' access to mathematics courses. (cf. 0500 - Accountability) Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination 48070.5 Promotion and retention; required policy 51220 Areas of study, grades 7-12 51224.5 Completion of Algebra I or Mathematics I 51224.7 California Mathematics Placement Act of 2015 51225.3 High school graduation requirements 51284 Financial literacy 60605 State-adopted content and performance standards in core curricular areas 60605.8 Common Core standards

3

Management Resources: CSBA PUBLICATIONS Math Misplacement, Governance Brief, September 2015 Governing to the Core, Governance Briefs CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2013 California Common Core State Standards: Mathematics, January 2013 COMMON CORE STATE STANDARDS INITIATIVE PUBLICATIONS Appendix A: Designing High School Mathematics Courses Based on the Common Core State Standards LAWYERS' COMMITTEE FOR CIVIL RIGHTS OF THE SAN FRANCISCO BAY AREA (LCCR) Held Back - Addressing Misplacement of 9th Grade Students in Bay Area School Math Classes WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov Common Core State Standards Initiative: http://www.corestandards.org/math Lawyers' Committee for Civil Rights of the San Francisco Bay Area (LCCR): http://www.lccr.com Policy Palo Alto Unified School District approved: 6.21.16 Palo Alto, CA

Instruction AR 6152.1 Placement in Mathematics Courses The purpose of this policy is to create a fair, objective, and transparent protocol that serves students who are transitioning from elementary to middle school and also for students moving from middle to high school. Beginning the 2016-2017 school year, the District will implement the requirements of the California Mathematics Placement Act of 2015 to accurately evaluate and place students in appropriate mathematics courses. The District will take multiple objective academic measures for each student when recommending a math placement. Fifth to Sixth to Seventh Grades Math Course Placement Protocol The differentiation of math courses across the District begins in seventh grade. All students entering sixth grade from any PAUSD middle school or any middle school outside of the District will be enrolled in Math 6. The District believes that a healthy and successful transition to middle school is an important focus. In preparing students for the mathematical courses available in seventh grade, sixth grade teachers differentiate offering math support with a variety of options for students who need more time to master the material and also offer math extensions and investigations of classroom problems for students who have mastered the current material and need to be challenged. The District believes that this year gives evidence to all constituencies (students, parents, teachers, and administration), to each student’s readiness for seventh grade math by supporting and promoting a balance between a student’s level of challenge and a student’s success. During the registration period in the second semester, students will register for either Math 7 or Math 7A. Math 7 covers all of the Common Core State Standards (CCSS) for Math 7. Math 7A covers all of the CCSS Math 7 standards as well as half of the CCSS Math 8 curriculum. Sixth grade teachers will use the following multiple measures when recommending students for a seventh grade math lane:

• Classroom Tests • Homework Completion • Interest in Mathematics • Participation in Classroom Extensions • Successful Application of Mathematical Concepts • Achievement of Comprehensive Year End Exam

Each of the criteria is recorded on the placement rubric and students earn a completion mark for each area. The number of completion marks in either Math 7 or Math 7A will be the District recommended course for the seventh grade. See Appendix A, 6th to 7th Grade Criteria Table. The District will recommend the math placement for seventh grade for each student based on the inputs and results of the Criteria Rubric (Appendix A). The sixth grade teacher makes a recommendation for each student, but parents and students are urged to choose the most

appropriate math course that will give the student the suitable amount of challenge and success within it. The Placement Criteria on the Seventh Grade Math Placement Rubric are also given numerical values. See Appendix B. If a student earned a 9 on this criteria table, the student has the opportunity to take the Math 7A Mastery Test, which, if passed, places the seventh grader in Algebra 8. This Math 7A Mastery Test is given in May to those students earning nine points on the placement rubric. This test gives evidence to a student’s readiness to skip a grade level of math and enter into Geometry Honors in the eighth grade and may only be taken by a student one time for placement into Geometry Honors. See Appendix C for a comprehensive flowchart of the transitional options and pathways from sixth to seventh grade and also from seventh to eighth grade. Eighth Grade to Ninth Grade Math Course Placement Protocol Transition from Math 8 Student ninth grade math course placement correlates directly with their math course completed in eighth grade. PAUSD offers math tracks from 7-12 grades. If successful in eighth grade math, students would be recommended to register for the corresponding ninth grade math class that follows. For students in Math 8 the next course in the sequence would be Algebra 1. In situations where a school offers multiple tracks of the same course (Algebra 1.1, Algebra 1, and Algebra 1A at Palo Alto High School), the average math test score for the eighth grade math course will determine the District’s recommendation for the ninth grade Algebra course placement. Students are encouraged to choose the course in their current math lane that they believe is most appropriate to challenge them and also be successful, while also considering the District’s recommendation as data for decision-making. Transition from Algebra 8 Students enrolled in Algebra 8 will register for a Geometry course in the ninth grade. In situations where a school offers multiple tracks of the same course (Geometry A or Geometry Honors at Gunn High School for example) the average math test score for the eighth grade math course will determine the District’s recommendation for the ninth grade Geometry course placement. Students are encouraged to choose the course in their current math lane that they believe is most appropriate to challenge them and also be successful, while also considering the District’s recommendation as data for decision-making. Transition from Geometry Honors Students enrolled in Geometry Honors in eighth grade and have consistently earned A- scores or higher on classroom tests will be recommended for Algebra 2/Trigonometry Honors in ninth grade. Students who do not receive consistent high marks of eighth grade math class test scores will be recommended to enroll in Geometry Honors at the high school. Students are encouraged to choose the course in their current math lane that they believe is most appropriate to challenge them and also be successful, considering the District’s recommendation as data for decision-making.

See Appendix D for all eighth to ninth grade math course placement flow charts. See Appendix E for complete PAUSD Secondary Math Course Placement Flowchart. Math Course Placement Registration Rights PAUSD acknowledges the parental and student right to register for math courses within the current lane sequences that are most appropriate for the student’s success and challenge. The District offers math course protocol placement recommendations as data that is based on historical trends of student success in math course sequences. Thirty Day Assessment for Appropriate Math Course Placement Regardless of math course or lane, all students will be assessed within the first thirty school days in math class to provide evidence to the teacher, student, and parents or guardians as to whether the student has been placed in the most appropriate math course. After receiving the assessment results, any student and/or parent may request a course change to the preceding math course in the same lane. Any course change requests made after the start of the school year are subject to seat availability, including those students who request a change based on the assessment criteria within the first thirty days of school. Math Course Summer Acceleration Options PAUSD also acknowledges that students grow and change throughout their educational career. It is for this reason that there are summer math course bridge opportunities for students who had a solid academic year in the math course, but want to accelerate one grade level math course the following year, can register for summer math courses that will prepare them and meet the necessary requirements for accelerating to the next math course in the given sequence at the beginning of the following school year. Rising eighth graders who completed Math 7 enroll in Bridge to Algebra 8 and upon successful completion can register for Algebra 8 instead of Math 8 in eighth grade. There are summer acceleration and bridge opportunities in math at each grade level following seventh grade through senior year of high school. See Appendix F for Math Pathways ending in the student’s enrollment in AP Calculus AB for every possible class a student can take beginning in sixth grade. Transfer Students and Math Course Placement Criteria Students who enroll in PAUSD from outside the district may be required to take a placement test for math course placement and are subject to appeal with the school principal or designee if the student or parent disagrees with the math placement recommendation. Thirty Day Math Course Assessment The District encourages all students and parents to heavily consider the criteria and District recommendation when registering for a math course. Although, there is the option of changing the course level during the first thirty days of school based on assessment results, the change will only be made if there are seats available in the desired course. If there are no seats available, then the student will remain in his/her current class until such time that a seat becomes available or too much time has passed to make the transition to another class successful for the student.

Students with Disabilities Students receiving IEP services through the Special Education Department will be placed in math courses as determined in the IEP through the IEP team process. Public Reporting of Mathematics Placement Policy The District shall ensure that its mathematics placement policy is posted on the district and all school websites. Regulation PALO ALTO UNIFIED SCHOOL DISTRICT approved: Palo Alto, California

pg. 8 4/22/16

CRITERIA Math7A2 Math73

ClassroomUnitTestsAverage(Firsttestscoreonunittests)

94%to100%orRubricScoreofMode4willreceiveanXintheMath7Acolumn

90%to100%orRubricScoreofMode3orabovewillreceiveanXintheMath7Acolumn

HomeworkAverageThroughouttheyear=90%to100%willreceiveanXintheMath7Acolumn

(TheHomeworkAverageisbasedoncompletionorturn-inrate.)

ConsistentlycompletedMathExtensions/EinsteinswillreceiveanXintheMath7Acolumn

(Studentsdemonstrateinterestinmathbycompletingthesechallengeproblems)

SuccessfullycompletedApplicationProblemsandProjects/POPswillreceiveanXintheMath7Acolumn

(POPs=processonlyproblems)

EndofYearTestPart1

92%to100%willreceiveanXintheMath7Acolumn

85%to100%willreceiveanXintheMath7Acolumn

EndofYear TestPart2

92%to100%willreceiveanXintheMath7Acolumn

85%to100%willreceiveanXintheMath7Acolumn

TotalnumberofXsineachcolumn

APPENDIX A Grade 6 to Grade 7 Criteria Table 1: an “X” in the column for each criteria indicates the appropriate placement for the student

6th Grade Teacher Input1 for Parents and Students

TheTeacher’sCriteria-basedInput:Score: SuggestedPlacement:MostXsinMath7 Math7MostXsinMath7A Math7A

IfastudentearnedXsintheMath7Acolumnonly,thestudenthastheopportunitytotaketheMath7AMasteryTest4,which,ifpassed,placesthe7thgraderinAlgebra8.

4MasteryTests:PlacementinmathcoursesaheadofgradelevelcanbeaccomplishedbypassingaMasteryTest.

TheMath7AMasteryTestisofferedinMaytooutgoing6thgraderswhohaveearnedXsintheMath7Acolumnonly(ofthecriteriatabletotheleft).

AstudentmayonlyattempttheMath7AMasteryTestonetime.

1Studentsmayenrollinanylaneofthecourse.Theteacher’sinputforenrollmentisbasedonthehistoricalprogressofstudentsthroughthemiddleschoolmathcourses. (Thatis,ifthestudentisrecommendedforanyMath7course,studentsmayrequestplacementineitherMath7orMath7A.)Studentshavingdifficultyintheirclassdespiteputtingintheirbesteffortcanrequestalanechange.SuchchangesarecontingentonclasssizeandmustbeapprovedbytheIS.Changescanonlybemadebeforetheendofthefirstquarteroratthesemesterbreak.Studentswhochangelanesduringfirstsemestercarryovertheirgradeatthetimetothenewlane.2TheMath7AisanacceleratedcoursecombinedofalloftheCCSS-MMath7andmorethanhalfoftheCCSS-MMath8standards.TheMath7AcourseisfollowedbyAlgebra8,whichisacombinationoftheremainingtopicsofCCSS-MMath8andthetopicsofAlgebra1atanadvanceddepth.3Thegrade-levelcourse,Math7,meetsthestandardsoftheCCSS-MMath7.TheMath7courseisfollowedbyMath8,or,withsummerwork,Algebra8.

pg. 9 4/22/16

CRITERIA Points

ClassroomUnitTestsAverage(Firsttestscoreonunittests)

94%to100%orRubricScoreofMode4à 2pts

90%to93%orRubricScoreofMode3oraboveà 1pt(Otherwise,0pts)

HomeworkAverageThroughouttheyearis90%to100%à 1pt(TheHomeworkAverageisbasedoncompletionorturn-inrate.)

(Otherwise,0pts)

ConsistentlycompletedMathExtensions/Einsteinsà 1pt(Studentsdemonstrateinterestinmathbycompletingthesechallengeproblems)

(Otherwise,0pts)

SuccessfullycompletedApplicationProblemsandProjects/POPsà 1pt(POPs=processonlyproblems)

(Otherwise,0pts)

EndofYearTestPart1

92%to100%à 2pts

85%to91%à 1pt(Otherwise,0pts)

EndofYear TestPart2

92%to100%à 2pts

85%to91%à 1pt(Otherwise,0pts)

TotalPoints

APPENDIX B

Criteria Table 2: The total number of points indicates the appropriate placement for the student

6th Grade Teacher Input5 for Parents and Students TheTeacher’sCriteria-basedInput:Score: SuggestedPlacement:5ptsto9pts Math7A6

0ptsto4pts Math77

Ifastudentearneda9onthiscriteriatable,thestudenthastheopportunitytotaketheMath7AMasteryTest8,which,ifpassed,placesthe7thgraderinAlgebra8.

8MasteryTests:PlacementinmathcoursesaheadofgradelevelcanbeaccomplishedbypassingaMasteryTest.

TheMath7AMasteryTestisofferedinMaytooutgoing6thgraderswhohaveearneda9onthecriteriatabletotheleft.

AstudentmayonlyattempttheMath7AMasteryTestonetime.

5Studentsmayenrollinanylaneofthecourse.Theteacher’sinputforenrollmentisbasedonthehistoricalprogressofstudentsthroughthemiddleschoolmathcourses. (Thatis,ifthestudentisrecommendedforanyMath7course,thestudentmayrequestplacementineitherMath7orMath7A.)Studentshavingdifficultyintheirclassdespiteputtingintheirbesteffortcanrequestalanechange.SuchchangesarecontingentonclasssizeandmustbeapprovedbytheIS.Changescanonlybemadebeforetheendofthefirstquarteroratthesemesterbreak.Studentswhochangelanesduringfirstsemestercarryovertheirgradeatthetimetothenewlane.6TheMath7AisanacceleratedcoursecombinedofalloftheCCSS-MMath7andmorethanhalfoftheCCSS-MMath8standards.TheMath7AcourseisfollowedbyAlgebra8,whichisacombinationoftheremainingtopicsofCCSS-MMath8andthetopicsofAlgebra1atanadvanceddepth.7Thegrade-levelcourse,Math7,meetsthestandardsoftheCCSS-MMath7.TheMath7courseisfollowedbyMath8,or,withsummerwork,Algebra8.

pg. 6 4/22/16

APPENDIX CEighth-Grade Placement Recommendations1 for Seventh-Grade

Students enrolled in Math 7 or Math 7A

Students enrolled in Math 7A

Student consistently earned an B- or better on

classroom tests

Algebra 8

Student consistently earned less than a B- on

classroom tests

Is the student interested in continued acceleration?

No: Math 8Yes: Bridge to Algebra 83

4-Week Summer Course

Did the student consistently earn a B- or

better on classroom tests?

Yes: Algebra 8No: Math 8

Students enrolled in Math 7

Student consistently earned an A- or better on

classroom tests

Is the student interested in acceleration?

Yes: Bridge to Algebra 83

4-Week SummerCourse

Did the student consistently earn a B- or

better on classroom tests?

Yes: Algebra 8No: Math 8

No: The current is lane is the correct level of

challenge & success:Math 8

Student consistently earned less than an A-

on classroom tests

Math 8

If a student has

consistently

earned strong As

on classroom tests

in Math 7A, the

student has the

opportunity to

take the Algebra 8

Mastery Test4,

which, if passed,

places the 8th

grader in an

honors level high

school course,

Geometry H,

offered at each of

the middle

schools.

pg. 2 4/22/16

Ninth-Grade Placement Recommendations1 for Students enrolled in Math 8

1 Students may enroll in any course within the lane of the course. (That is, if the student is

recommended for any Algebra 1 course, the student may request placement in any level of Algebra 1

(Alg 1.1, Alg 1, or Alg 1A). Students having difficulty in their class despite putting in their best effort can

request a lane change. Such changes are contingent on class size and must be approved by the IS.

Changes can only be made before the end of the first quarter or at the semester break. Students who

change lanes during first semester carry over their grade at the time to the new lane.

2 Recommendations are reviewed at the Middle Schools at the end of the school year in May/June.

3 Discussions include consideration of parental insights, case-manager’s (if applicable) insights, student

interest, homework completion, challenge problem completion, and choice of test level (in Math 8, two

levels of tests are often available in the second semester).

Students in Math 8

9th grade at Paly2

Students who consistently earned a

B+ or above on classroom tests

Alg 1A

Students who consistently earned aB to a C- on classroom

tests

Alg 1

Students who consistently earned aD or F on classroom

tests

Placements are discussed.3

Placement for Alg 1 or Alg 1.1 is considered.

9th grade at Gunn

Alg 1/1A

pg. 3 4/22/16

Ninth-Grade Placement Recommendations4 for Students enrolled in Alg 8

4 Students may enroll in any lane of the course. (That is, if students are recommended for any level of

Geometry, students may request placement in any Geometry course (excluding grade-level Geometry, a

tenth-grade course). If the student is recommended for any Algebra 1 course, the student may request

placement in any level of Algebra 1 (Alg 1.1, Alg 1, or Alg 1A). Students having difficulty in their class

despite putting in their best effort can request a lane change. Such changes are contingent on class size

and must be approved by the IS. Changes can only be made before the end of the first quarter or at the

semester break. Students who change lanes during first semester carry over their grade at the time to

the new lane.

Students in Algebra 8

Students consistently earned a B-or better on classroom tests

9th grade at Paly

Students who consistently earned an A on classroom

tests

Geo H

Students who consistently earned an A- to B- on

classroom tests

Geo A

9th grade at Gunn

Students may chooseGeo H or Geo A

Students consistently earned below a B- on classroom tests

Alg 1A (Paly)

Alg 1/1A (Gunn)

Summer: Bridge to Geo A course

Did the student consistently earn a B- or better on classroom tests?

Yes: Geo A No: Alg 1A

pg. 4 4/22/16

Ninth-Grade Placement Recommendations5 for Eighth-Grade Students enrolled

in Geo H

5 Students a year (or more) ahead in the honors lane of mathematics are expected to earn As in the

courses in order to remain competitive in the application process for university work. Students having

difficulty in their class despite putting in their best effort can request a lane change. Such changes are

contingent on class size and must be approved by the IS. Changes can only be made before the end of

the first quarter or at the semester break. Students who change lanes during first semester carry over

their grade at the time to the new lane.

Students in Geo H (8th Grade)

Students consistently earned an A- or better on classroom

tests

Alg2/Trig H

Students consistently earned less than an A- on classroom

tests

Repeat Geo H

pg. 12 4/22/16

The PAUSD Secondary Math Flow Chart

Mathematics electives include AP Statistics, Statistics Applications (AAR), and Advanced Problem Solving (levels 1 – 4). Elective courses that can be taken for either Mathematics or Career/Technology Education credit include the Computer Science courses Intro to Java, Programming Concepts, Advanced Java, Programming Using Java, AP CS A, and Gunn BEAM (business math applications course).

Considerations

It is important that a student chooses or is placed appropriately for both challenge and success in math courses throughout secondary education. Building success is a journey, not a race. Student success is not only the mastery of content and skills, but includes enthusiasm for math along with a healthy, balanced, and happy life.

Math 6

Math 7

Math 8

Algebra 1.1

(Paly)

Algebra 1.2

(Paly)

Geometry

Algebra 2

Algebra 1/1A (Gunn)

Algebra 1 (Paly)

Geometry

Algebra 2

Pre-Calculus

Math 7A

Algebra 8

Algebra 1/1A (Gunn)

Algebra 1A (Paly)

Geo A

Algebra 2 & Trig A

Introduction to Analysis & Calculus

Geo A

Algebra 2 & Trig A

Introduction to Analysis & Calculus

AP Calculus AB

Geo H

Algebra 2 & Trig H

Analysis H

AP Calculus BC

6th

Grade

7th

Grade

8th

Grade

9th

Grade

10th

Grade

11th

Grade

12th

Grade

Four years of high school math are a

good predictor of success in college.

The lanes shown are typical routes taken by

students. Movement between lanes is possible

based on student performance, teacher

recommendation, and potential summer

coursework. See the following page for more

details.

pg. 13 4/22/16

The UC Requirements for Admission (and PAUSD Graduation Requirements) in mathematics is the successful completion of an Algebra 2 Course. There is interest in the PAUSD community for our students to reach a calculus course by their senior year of high school. Because students mature academically at different rates, there are a variety of paths for students to reach the calculus goal while maintaining a solid level of success and joy in their math courses. If you are interested in such a goal, some possible paths to calculus are given in the following table (these are samples of the variety of pathways).

Sample Pathways to AP Calculus AB

6th grade Math 6 Math 6 Math 6 Math 6

Summer

7th grade Math 7 Math 7 Math 7 Math 7A

Summer Bridge to

Alg 8

8th grade Math 8 Math 8 Alg 8 Alg 8

Summer

9th grade Alg 1/1A Alg 1/1A Geo A Geo A

Summer Geo A

10th grade Geo A Alg2/TrigA1 Alg2/TrigA1 Alg2/TrigA1

Summer Alg21

11th grade PreCalc IAC IAC IAC IAC

Summer Transition to Calculus

none

12th grade AP Calc AB AP Calc AB AP Calc AB AP Calc AB

1Fulfills the UC Requirements for Admission and the PAUSD’s Graduation Requirements.

PAUSD has a variety of levels of math courses (all meeting State standards) with the intention that students will find the appropriate level of challenge which they can successfully meet on their own. There is no reason to hurry the process of working toward 12th-grade calculus if your student is unhappy or turned off in their math course. There is no reason to race toward calculus if your student requires constant tutoring in order to learn the skills of the course, sometimes without understanding the concepts. There are plenty of opportunities to create a path that leads to calculus either in high school or within the first year of university work. Be sure to find out what is in your child’s heart as you and your child determine in which math course to register.

Placement in Mathematics Courses

AR 6152.1 Instruction The purpose of this policy is to create a fair, objective, and transparent protocol that serves students who are transitioning from elementary to middle school and also for students moving from middle to high school. Beginning the 2016-2017 school year, the District will implement the requirements of the California Mathematics Placement Act of 2015 to advise parents/guardians and students regarding the successfulaccurate placement lyof evaluate and place students in appropriate mathematics courses. The District will take multiple objective academic measures for each student when recommending a math placement. Fifth to Sixth to Seventh Grades Math Course Placement Protocol The differentiation of math courses across the District begins in seventh grade. All students entering sixth grade from any PAUSD middle school or any middle school outside of the District will be enrolled in Math 6. (See Appendix A.) The District believes that a healthy and successful transition to middle school is an important focus. In preparing students for the mathematical courses available in seventh grade, sixth grade teachers differentiate offering math support with a variety of options for students who need more time to master the material and also offer math extensions and investigations of classroom problems for students who have mastered the current material and need to be challenged. The District believes that this year gives evidence to all constituencies (students, parents/guardians, teachers, and administration), to each student’s readiness for seventh grade math by supporting and promoting a balance between a student’s level of challenge and a student’s success. During the registration period in the second semester, students will register for either Math 7 or Math 7A. Math 7 covers all of the Common Core State Standards (CCSS) for Math 7. Math 7A covers all of the CCSS Math 7 standards as well as more than half of the CCSS Math 8 curriculum. Sixth grade teachers will use the following multiple measures when recommending students for a seventh grade math lane:

• Classroom tTests • Homework cCompletion • Interest in mMathematics • Participation in cClassroom eExtensions • Successful aApplication of mMathematical cConcepts • Achievement of Comprehensive Year End Examon a district-aligned comprehensive

year-end exam

Each of the criteria is recorded on the placement rubric and students earn a completion mark for each area. The number of completion marks in either Math 7 or Math 7A will be the District recommended course for the seventh grade. See Appendix BA, 6th to 7th Grade Criteria Tables 1 and 2. The District will recommend the math placement for seventh grade for each 6th grade student based on the inputs and results of the Criteria Rubric (Appendix BA). The sixth grade teachers provide data makes a recommendation for each student, and, but parents/guardians and students are urged to choose the most appropriate math course that will give the student the suitable amount of challenge and success within it. Additionally, if a student earns all placement marks in the Math 7A column in Criteria Table 1, or earns a 9 in Criteria Table 2, the student has the opportunity to take the Math 7A Mastery Test, which, if passed, places the seventh grader in Algebra 8 (a combination of CCSS Math 8 and advanced Algebra 1). The Math 7A Mastery Test is administered in May and provides evidence that the student has mastered the CCSS Math 7 and more than half of the CCSS Math 8 topics. (A list of topics is posted on each middle school’s web site.) The test is evidence that a student is ready to skip Math 7A, enroll in Algebra 8 as a seventh grader, and likely Geometry Honors as an eighth grader. Students may only take the Math 7A Mastery Test one time, and must take it in May of their sixth grade year. See Appendix C for a comprehensive flowchart of the transitional options and pathways from seventh to eighth grade. The Placement Criteria on the Seventh Grade Math Placement Rubric are also given numerical values. See Appendix B. If a student earned a 9 on this criteria table, the student has the opportunity to take the Math 7A Mastery Test, which, if passed, places the seventh grader in Algebra 8. This Math 7A Mastery Test is given in May to those students earning nine points on the placement rubric. This test gives evidence to a student’s readiness to skip a grade level of math and enter into Geometry Honors in the eighth grade and may only be taken by a student one time for placement into Geometry Honors. See Appendix C for a comprehensive flowchart of the transitional options and pathways from sixth to seventh grade and also from seventh to eighth grade. Eighth Grade to Ninth Grade Math Course Placement Protocol Transition from Math 8 NStudent ninth grade math course placement correlates directly with the completed eighth grade their math course course completed in eighth grade. PAUSD offers math tracks from 7-12 grades. If successful in eighth grade math, students would be recommended to register for the corresponding ninth grade math class that follows. For students in Math 8 the next course in the sequence would be Algebra 1. In situations where a school offers multiple tracks lanes of the same course (e.g., Algebra 1.1, Algebra 1, and Algebra 1A at Palo

Alto High School), the average math test score for the eighth grade math course will determine inform the District’s recommendation for the ninth grade Algebra course placement. Students are encouraged to choose the Algebra course in their current math lane that they believe is most appropriate to challenge them and also be successful., while also considering the District’s recommendation as data for decision-making. Transition from Algebra 8 Students successful in Algebra 8 will enrolled in Algebra 8 will inregister for eithera Geometry A or Geometry H course infor the ninth grade. The. In situations where a school offers multiple tracks of the same course (Geometry A or Geometry Honors at Gunn High School for example) the average math test score for the eighth grade math course will determine inform the District’s recommendation for the ninth grade Geometry course placement. Students are encouraged to choose the ninth grade Geometry the course they in their current math lane that they believe is most appropriate to challenge them and also be successful., while also considering the District’s recommendation as data for decision-making. Transition from Geometry Honors Eighth grade Geometry Honors sStudents who have enrolled in Geometry Honors in eighth grade and have consistently earned scores of A- scores or higher on classroom tests will be recommended for Algebra 2/Trigonometry Honors in ninth grade. Students who do not receive consistent high marks inof eighth grade Geometry Honors math class test scores will be recommended to enroll in Geometry Honors at the high school. Students are encouraged to choose the course in their current math lane that they believe is most appropriate to challenge them and also be successful, considering the District’s recommendation as data for decision-making. See Appendix D for all eighth to ninth grade math course placement flow charts. See Appendix E for complete PAUSD Secondary Math Course Placement Flowchart. Math Course Placement Registration Rights PAUSD acknowledges the parental/guardian and student right to register for math courses within the current lane sequences that are most appropriate for the student’s success and challenge. The District offers math course protocol placement recommendations as data that is based on historical trends of student success in math course sequences. Thirty-Day Assessment for Appropriate Math Course Placement Regardless of math course or lane, all students will be assessed within the first thirty school days in math class to provide evidence to the teacher, student, and parents or/ guardians as to whether the student has been placed in the most appropriate math course. This assessment will contain elements of review as well as possible introductory material of the course math concepts. The results of the assessment are intended to inform students and parents/guardians about recommendations for remaining in the class or reflecting changingon appropriate placement. for a student shall be as outlined by a grade that parallels the degree of the classroom test performance marks of the previous math course in the previous grade. CSchool in all course alike sections at each school will also align

theadminister a common assessment. After receiving the assessment results, any student and/or parent may request a course change to the preceding math course in the same lane. Any course change requests made after the start of the school year are subject to seat availability, including those students who request a change based on the assessment criteria within the first thirty days of school. The District encourages all students and parents/guardians to heavily consider the criteria and District recommendation when registering for a math course. Although, there is the option of changing the course level during the first thirty days of school based on assessment results, the change will only be made if there are seats available in the desired course. If there are no seats available, then the student will remain in his/her current class until such time that a seat becomes available or too much time has passed to make the transition to another class successful for the student. Math Course Summer Acceleration Options PAUSD also acknowledges that students grow and change throughout their educational career. It is for this reason that there are summer math course bridge opportunities for students who had a a solidsuccessful academic year in the math course and , but want to accelerate accelerate one grade level math course the following year. Students, can register enroll in afor summer math courses that will prepare them and to accelerate meet the necessary requirements for accelerating to the next math course in the given sequence at the beginning of the following school year. There are summer acceleration opportunities in math following grades 7, 9, 10, and 11. For example, rRising eighth graders who successfully completed Math 7 may enroll in Bridge to Algebra 8 and upon successful completion can register for Algebra 8 instead of Math 8 in eighth grade. There are summer acceleration and bridge opportunities in math at each grade level following seventh grade through senior year of high school. See Appendix F for mMath pPathways examples ending in the student’s’ enrollment in AP Calculus AB for every possible class a student can take beginning in sixth grade. Transfer Students and Math Course Placement Criteria Students who enroll in PAUSD from outside the district may be required to take a placement test for secondary math course placement and are subject to appeal with the school principal or designee if the student or parent/guardian disagrees with the math placement recommendation. Thirty-Day Math Course Assessment The District encourages all students and parents to heavily consider the criteria and District recommendation when registering for a math course. Although, there is the option of changing the course level during the first thirty days of school based on assessment results, the change will only be made if there are seats available in the desired course. If there are no seats available, then the student will remain in his/her current class until such time that a seat becomes available or too much time has passed to make the transition to another class successful for the student.

Placement Decision Appeals Pursuant to Education Code 51224.7, as added by SB 359 (Ch. 508, Statutes of2015), within 10 school days of an initial placement decision or a placement decision upon reevaluation, a student and his/her parent/guardian who disagree with the placement of the student may appeal the decision to the Superintendent’s designee, the school principal and/or the Chief Academic Officer of Secondary Education. The principal and/or the Chief Academic Officer shall decide whether or not to overrule the placement determination within 10 school days of receiving the appeal. The decision of the Superintendent’s designee shall be final. Students with Disabilities Students receiving IEP services through the Special Education Department will be placed in math courses as determined in the IEP through the IEP team process. Public Reporting of Mathematics Placement Policy The District shall ensure that its mathematics placement policy is posted on the district and all school websites. Annually, the Board and the Superintendent or designee shall review student data related to placement and advancement in the mathematics courses based on their performance on objective academic measures. Students are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The Board and Superintendent shall also consider appropriate recommendations for removing any identified barriers to students’ access to mathematics courses. (cf. 0500- Accountability)

Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination 48070.5 Promotion and retention; required policy 51220 Areas of study, grades 7-12 51224.5 Completion of Algebra I or Mathematics I 51224.7 California Mathematics Placement Act of2015 51225.3 High school graduation requirements 51284 Financial literacy 60605 State-adopted content and performance standards in core curricular areas 60605.8 Common Core standards Management Resources:

CSBA PUBLICATIONS Math Misplacement., Governance Brief, September 2015 Governing to the Core, Governance Briefs CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2013 California Common Core State Standards: Mathematics, January 2013 COMMON CORE STATE STANDARDS INITIATIVE PUBLICATIONS Appendix A: Designing High School Mathematics Courses Based on the Common Core State Standards LA WYERS' COMMITTEE FOR CIVIL RIGHTS OF THE SAN FRANCISCO BAY AREA (LCCR) Held Back- Addressing Misplacement of 9th Grade Students in Bay Area School Math Classes WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov Common Core State Standards Initiative: http://www.corestandards.org/math Lawyers' Committee for Civil Rights of the San Francisco Bay Area (LCCR): http://www.lccr.com

Instruction BP 6162.8 RESEARCH The Board of Education recognizes the value of academic research to improve educational programs and practices. Researchers, including PAUSD student resarchers, shall respect participant rights as human subjects and the privacy rights of students, including their right to refrain from participation in research projects in accordance with law, Board policy and administrative regulation. The Superintendent or designee may authorize research projects within the district by outside groups or persons when such research is aligned with district goals and objectives and is likely to benefit the district without disrupting the school program. (cf. 0000 - Vision) (cf. 0100 - Philosophy) (cf. 0200 - Goals for the School District) The Superintendent or designee shall ensure that parents/guardians receive prior notification of any surveys or evaluations that collect personal student information and that consent is obtained in accordance with law. (cf. 5022 - Student and Family Privacy Rights) (cf. 5125 - Student Records) (cf. 5145.6 - Parental Notifications) Legal Reference:

EDUCATION CODE 51513 Personal beliefs UNITED STATES CODE, TITLE 20 1232h Protection of pupil rights

Management Resources:

WEB SITES CSBA: http://www.csba.org CDE: http://www.cde.ca.gov USDOE, Family Policy Compliance Office: http://www.ed.gov/offices/OM/fpco/

Policy PALO ALTO UNIFIED SCHOOL DISTRICT adopted: 01.12.10 Palo Alto, California

Instruction AR 6162.8 RESEARCH Persons or groups wishing to use district staff, students or property in connection with an academic research project shall submit to the Superintendent or designee a written proposal request for externally sponsored research which includes but is not limited to: 1. Name of researcher(s) and academic credentials 2. Purpose and scope of the project 3. Method of study or investigation to be used 4. Extent of participation expected of students and staff 5. Use to which project results will be put 6. Benefits to the school(s) or the district

6.7. The name of the PAUSD employee “sponsor” who will be the responsible district

point of contact for the project if approved The Superintendent or designee shall evaluate the extent to which the proposal: 1. Shows potential for improving instructional programs and strategies 2. Addresses a relevant educational problem, concern or issue 3. Is designed to minimize interruptions and demands upon the time of students and

staff The Superintendent or designee may approve the proposed project for a period of one school year or less. To extend any project into a second school year, the researcher(s) must obtain approval from the Superintendent or designee. Externally sponsored research involving human subjects must receive further approval from the PAUSD Human and Animal Subject Review Committee (HASRC) as outlined in the PAUSD document Research with Human and Animal Subjects: policies and procedures. Approval by an external IRB may be submitted as part of the proposal, but does not constitute approval to progress with research at district sites, or with district students and staff either online or in situ.

All student projects conducted through enrolled courses (e.g. Advanced Academic Research, independent study) that involve the proposed us or human or animal subjects, be it on campus or not, must comply with the procedures outlined in the PAUSD document Research with Human and Animal Subjects: policies and procedures; HASRC approval needs to be obtained prior to the initiation of the study. Researchers shall certify that they will use no school names in the publication of findings without the approval of the Superintendent or designee. Regulation PALO ALTO UNIFIED SCHOOL DISTRICT approved: 08.02.11 Palo Alto, California

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PALO ALTO UNIFIED SCHOOL DISTRICT (PAUSD)

INTELLECTUAL PROPERTY POLICY

SECTION 1 - GENERAL POLICY PROVISIONS

A. Policy Objectives

The objectives of PAUSD’s Intellectual Property Policy are to:

1. Enable PAUSD to foster the free and creative expression and exchange of ideas and comment;

2. Establish principles and procedures for sharing income derived from intellectual property originating at PAUSD;

3. Enable the public to use and benefit from intellectual property originating at PAUSD;

4. Manage intellectual property in a way that advances the academic missions of PAUSD including research and scholarship; and

5. Assure compliance with applicable laws and regulations in the management of intellectual property.

B. General Policy Statement

It is the policy of PAUSD that all intellectual property rights shall remain with the creator/inventor unless the work/invention is created as a specific requirement of employment or a product of an individual’s employment, is supported by a direct allocation of funds through PAUSD for the pursuit of a specific project, makes more than in incidental use of PAUSD resources or personnel, or is otherwise subject to contractual obligations.

It is not the intent of this policy to infringe on the academic freedom of faculty or other teaching staff.

C. Policy Application

PAUSD’s policy on intellectual property pertains to intellectual property made (e.g. conceived, authored, fixed in a tangible medium or first reduced to practice) by its faculty and staff members, and students and as otherwise provided in this policy.

This policy is considered a part of the conditions of employment for every employee of PAUSD and a part of the conditions of enrollment and attendance at

PAUSD by students. It is also the policy of PAUSD that individuals (including visitors) by participating in a sponsored research project and/or making more than incidental use of PAUSD resources thereby accept the principles of ownership of intellectual property as stated in this policy unless an exception is approved in writing by the PAUSD Chief Business Official or designee.

All faculty, staff, and student employees must sign the PAUSD Copyright and Patent Agreement acknowledging that they will abide by the terms and conditions of this policy. In addition, non-employees who participate or intend to participate in research projects at PAUSD must also sign the PAUSD Copyright and Patent Agreement.

1. The Assistant Superintendent Human Resources or designee is responsible for notifying new employees of this policy upon hire and is responsible for getting a signed PAUSD Patent and Copyright Agreement form from each newly employed individual.

2. Existing employees will be notified of this policy by the Assistant Superintendent Human Resources or designee and shall be responsible for getting a signed PAUSD Patent and Copyright Agreement form from existing employees.

3. Students and their parent/guardian will be notified of this policy by the Advanced Authentic Research Coordinator or designee and is responsible for getting a signed acknowledgment of acceptance of the terms of this policy.

This policy applies only to intellectual property disclosed after the effective date of this policy.

SECTION 2 - COPYRIGHTS

A. Applicability

This policy is applicable to “original works of authorship” that are copyrighted or potentially copyrightable including, but not limited to, literary works, musical works, including any accompanying words, dramatic works, including any accompanying music, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, and sound recordings (“works”).

B. Individual Ownership of Copyright

PAUSD does not claim ownership of copyright in pedagogical, scholarly, artistic, or research works regardless of the mode of expression except as described in this policy. Therefore, in those instances where PAUSD does not claim ownership of a copyright, the copyright will be owned by those defined as authors or creators under copyright law unless there is a contrary contractual or statutory obligation. For

works created by PAUSD faculty, staff members or students in the course of the individual’s employment or attendance with PAUSD, Assistant Superintendent Human Resources may claim ownership as described in this policy. PAUSD claims no ownership of copyright in any work created outside the scope of any employment with PAUSD except as set forth in this policy.

C. PAUSD Ownership of Copyrights

PAUSD has ownership, or the right to obtain ownership by assignment, of copyright in:

1. Any particular and identifiable work created pursuant to either an oral or written agreement between the creator and PAUSD.

2. Any particular and identifiable work created within an individual’s employment responsibility and activity with PAUSD.

3. Works specifically commissioned by PAUSD. Work that is "commissioned” refers to a copyrightable work prepared under an agreement between PAUSD and the creator when (a) the creator is not an PAUSD employee or (b) the creator is an PAUSD employee but the work to be performed falls outside the normal scope of the creator's PAUSD employment. Contracts covering commissioned works shall specify that the author convey by assignment such rights as are required by PAUSD.

4. Any work created by a team of faculty, staff, and/or students of such size or over such an extended period of time that determination of a discrete number of creators would be impossible, impractical, or potentially unfair.

5. Any work created under the terms of a contract or other binding agreement with an entity, other than PAUSD, when such contract or agreement requires PAUSD ownership of the work.

6. Any works created or developed with more than incidental use of PAUSD resources.

"More than incidental use of PAUSD resources" includes:

a. The use of space, facilities, materials, equipment, supplies or other resources, provided by PAUSD for academic purposes; or

b. Significant use of compensated time by a faculty member or support staff.

The occasional and infrequent use of the following would typically not constitute "more than incidental use of PAUSD resources":

a. Routinely available, office-type equipment, including desktop computers and commercially-available software.

Individuals may not use PAUSD resources, including facilities, personnel, equipment, or confidential information, except in a purely incidental way, for any non- PAUSD purposes, including outside consulting activities or other activities in pursuit of personal gain.

D. Works of Former Employees and Certain Non-Employees

PAUSD will own original works of authorship that are copyrighted or potentially copyrightable which are authored or fixed in a tangible medium by a former employee if the intellectual property was made both (1) with more than incidental use of PAUSD resources and (2) during activity directly relating to and closely following employment.

Under the Copyright Act, works of non-employees such as consultants, independent contractors, etc. generally are owned by the creator and not by PAUSD, unless there is a written agreement to the contrary. As it is PAUSD’s policy that it shall retain ownership of such works as described in this policy, PAUSD will generally require a written agreement from non-employees that ownership of such works will be assigned to PAUSD.

E. Registration

PAUSD -owned works shall be protected by copyright notice in the name of the Board of Education of PAUSD. Such copyright notice shall be composed and affixed in accordance with the United States Copyright Law.

SECTION 3 - PATENTS

A. Applicability

This policy is applicable to any patentable or potentially patentable idea, discovery or know-how and any associated or supporting technology that is required for development or application of the idea, discovery or know how (“invention”), that is conceived or reduced to practice by a person covered by this policy who:

1. Made the invention or discovery within the normal field of his or her employment responsibility and activity with PAUSD:

2. Is under or subject to an agreement between PAUSD and a third party;

3. Used direct or indirect financial support from PAUSD, including support or funding from any outside source awarded to or administered by PAUSD; or

4. Makes more than incidental use of space, facilities, materials or other resources provided by or through PAUSD or makes significant use of compensated time by a faculty member or support staff.

SECTION 4 - INTELLECTUAL PROPERTY ADMINISTRATION

A. Dispute Resolution

The Assistant Superintendent Human Resources or designee is available to advise on questions arising under this policy and to assist with its application.

Questions of ownership and policy in unclear cases covered by this policy shall be resolved by the Assistant Superintendent Human Resources or designee in consultation with legal counsel and others.

B. Disclosure of Intellectual Property

The creator of any intellectual property in which PAUSD may have an ownership interest must promptly disclose the intellectual property in writing to the Assistant Superintendent Human Resources or designee on the Disclosure Form provided by the Assistant Superintendent Human Resources or designee. The disclosure shall consist of a full and complete description of the subject matter of the intellectual property and identify all persons participating in its creation. The creator(s) or inventor(s) shall furnish such additional information and execute such documents from time to time as may be reasonably requested.

In the event any PAUSD resources are used in the creation of intellectual property, such as but not limited to, computers, software facilities or compensated time, or there is a question as to whether PAUSD has an ownership claim in intellectual property, such intellectual property should be disclosed in writing to PAUSD by the creator(s) or inventor(s). Such disclosure is without prejudice to the creator's or inventor’s ownership claim. PAUSD will provide the creator or inventor with a written statement as to PAUSD 's ownership interest.

Individuals covered by this policy are expected to apply reasonable judgment as to whether intellectual property must be disclosed considering, among other things, whether the intellectual property was created, conceived or first actually reduced to practice in whole, or in part, in the course of their PAUSD responsibilities or with more than incidental use of PAUSD resources. Individuals should also consider whether the intellectual property has potential for commercial marketing. If the intellectual property was created, conceived, authored or first actually reduced to practice in whole or in part in the course of the creator’s or inventor’s PAUSD responsibilities or with more than incidental use of PAUSD resources, or commercial potential exists, the intellectual property should be considered "potentially copyrightable” or “potentially patentable," and disclosed to PAUSD.

C. Evaluation and Commercialization of Intellectual Property

After evaluation of the intellectual property and review of applicable contractual commitments, PAUSD may:

1. Develop the property through licensing;

2. Release it to the sponsor of the research under which it was made (if contractually obligated to do so);

3. Release it to the creator(s) or inventor(s) if permitted by law and under the terms of this policy;

4. Place the property in the public domain; or

5. Take such other actions considered to be in the public interest.

PAUSD will inform principal creators or inventors of its substantive decisions regarding protection, commercialization and/or disposition of intellectual property which they have disclosed. However, specific terms of agreements with external parties may be proprietary business information and subject to confidentiality restrictions.

D. Assignment/Licensing

Creators and inventors subject to this policy shall assign to PAUSD or another entity designated by PAUSD, their entire right in the intellectual property and shall provide reasonable assistance to PAUSD or another entity designated by PAUSD in obtaining copyright and patent protection and in licensing and/or assigning the copyright and patent rights to others. No creators or inventors have the authority to assign, license, or otherwise dispose of their interests in the intellectual property. PAUSD will diligently pursue the best opportunities to transfer intellectual property consistent with the missions of PAUSD and for the public benefit. Commercialization by PAUSD of intellectual property may not involve statutory protection of the intellectual property rights, such as filing for patent protection, registering the copyright or securing plant variety certification.

PAUSD may, at its discretion and consistent with the public interest, license intellectual property on an exclusive or non-exclusive basis to an entity in which the author or inventor has an ownership interest or another entity designated by PAUSD. The licensee must demonstrate technical and business capability to commercialize the intellectual property. The license may include clear performance milestones with a provision for recapture of intellectual property if milestones are not achieved. The licensee may be required to assume the cost of statutory protection of the intellectual property.

No assignment, license or other agreement may be entered into or will be considered valid with respect to intellectual property owned by PAUSD except by action of the Board of Education of PAUSD.

If PAUSD cannot, or decides not to, proceed in a timely manner to copyright and/or patent and/or license or otherwise commercialize intellectual property, it may reassign ownership to the authors or inventors upon request to the extent possible under the terms of any agreements that supported or related to the work.

The creators or inventors, acting collectively where there is more than one, are free to place their works or inventions in the public domain if doing so is not in violation of the terms of any agreements that supported or related to the work.

E. Income Sharing

PAUSD shall receive all payments due under a license and shall distribute such earnings under the terms of this policy within 30 days of receipt of funds. Prior to any distribution, PAUSD shall recover any out-of-pocket expenses incurred in applying for intellectual property protection, maintaining the intellectual property license or defending the licensed intellectual property and fees associated with the administration of the intellectual property. Also prior to any distribution under this policy, PAUSD shall make any payments to others required by agreements, including but not limited to inter-institutional agreements for the management of jointly owned intellectual property. PAUSD’s gross earnings, less PAUSD’s out-of-pocket expenses, less payments required to others, are designated as "distributable income." Distributable income shall be allocated as follows:

a. 50% of distributable income to creator(s)/inventor(s)

b. 50% of distributable income to PAUSD to be administered on a discretionary basis by the Board of Education of PAUSD. In keeping with PAUSD’S objectives, portions of the institutional earnings from any intellectual property will support research and/or creative endeavors broadly across campus, research and/or creative endeavors related to the intellectual property and administrative efforts to secure and manage additional intellectual property.

With regard to multiple intellectual properties licensed under a single licensing agreement, PAUSD and any third parties with an interest in the revenue from such agreement shall determine allocation of distributable income on a case-by-case basis prior to entering into such an agreement.

When more than one creator or inventor is named on any licensed copyright or patent, the creators and/or inventors will receive equal portions of the share of distributable income allocated to that copyright or patent unless there is a modifying written agreement signed by all creators and inventors and approved by PAUSD.

F. Sponsored Agreements

Sponsored agreements shall provide that all intellectual property developed as a result of the sponsored project shall belong to PAUSD unless otherwise specified in writing. The sponsor may receive an option to license the resulting intellectual property on terms to be negotiated, with the option to be exercised within a specified period following the disclosure of the intellectual property. When the nature of the proposed project allows identification of a specific area of intellectual property or application which is of interest to the sponsor, PAUSD may accept agreements with terms which entitle the sponsor to reasonable specific commercial rights within the defined field of interest. Otherwise, the specific terms of licenses and rights to commercial development shall be based on negotiation between the sponsor and PAUSD at the time the option is executed by the sponsor and shall depend on the nature of the intellectual property and its application, the relative contributions of PAUSD and the sponsor to the work, and the conditions deemed most likely to advance the commercial development and acceptance of the intellectual property. In all cases where exclusive licensing is appropriate, such license agreements shall be executed apart from the sponsored agreement and shall require diligent commercial development of the intellectual property by the licensee. PAUSD may also determine, on a case-by-case basis and only if allowed by law, that it is in PAUSD 's interest to assign ownership of resulting intellectual property to the sponsor as an exception to this policy when circumstances warrant such action.

G. Conflict of Interest

PAUSD employees engaged in external consulting work or business are responsible for ensuring that agreements emanating from such work are not in conflict with any PAUSD policy including this Intellectual Property Policy or with the employee’s contractual commitments with PAUSD. Such employees should make their non-PAUSD obligations known to the Assistant Superintendent Human Resources or designee and should provide other parties to such agreements with a statement of applicable PAUSD policies regarding ownership of intellectual property and related rights.

H. Authority to Enter into Agreements

All agreements regarding intellectual property must be executed by the PAUSD Chief Business Official or designee and attested to by the Assistant Superintendent Human Resources or designee.

Licenses, options for licenses and other agreements related to commercialization or exploitation of intellectual property shall be granted in the name of the Board of Education of PAUSD.

I. Reservation of Rights

The Board of Education of PAUSD reserves the right at any time in its sole discretion to modify and/or make changes to this Intellectual Property Policy.

J. Jurisdiction

The Board of Education of PAUSD shall have the right to determine the most appropriate forum for any litigation, whether in relation the laws of the State of California or applicable federal laws, without regard to choice of law provisions, in interpreting any contract or property issue raised by this Intellectual Property Policy.

SECTION 5 - EXPLANATION OF TERMS

A. Intellectual Property - The term "intellectual property" is broadly defined to include inventions, discoveries, know-how, show-how, processes, unique materials, copyrightable works, original data and other creative or artistic works which have value. Intellectual property includes that which is protectable by statute or legislation, such as patents, registered or unregistered copyrights, registered or unregistered trademarks, service marks, trade secrets, mask works, and plant variety protection certificates. It also includes the physical embodiments of intellectual effort, for example, models, machines, devices, designs, apparatus, instrumentation, circuits, computer programs and visualizations, biological materials, chemicals, other compositions of matter, plants, and records of research and experimental results.

B. Copyright - Copyright is a form of protection provided by the laws of the United States to the creators of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. The Copyright Act generally gives the owner of a copyright the exclusive right to do and to authorize others to do the following:

• reproduce the work in copies or phonorecords;

• prepare derivative works based upon the work;

• distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

• perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

• display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and

• perform the work publicly (in the case of sound recordings) by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity.

C. Patent - A patent is the grant of a property right by the U.S. government to the owner of an invention. An invention or discovery may be eligible for patent protection if it is a process, a machine, a manufactured object, a composition of matter, or a new use or improvement of any of the preceding. Courts have interpreted the patent statute to extend to software-related inventions when there is some connection to a useful, concrete result, and to biological substances when there is some evidence of human intervention. New uses of "products of nature" also may be patented, as may genetic modifications of otherwise natural organisms.

If an invention meets the threshold eligibility conditions for patenting, it still must meet additional criteria in order to earn a patent. Under U.S. law, a patented invention must be useful, novel, not obvious, and supported by adequate information.

ADOPTED: ___________

PALO ALTO UNIFIED SCHOOL DISTRICT (PAUSD)

Copyright and Patent Agreement

The objectives of PAUSD’s Intellectual Property Policy are to enable PAUSD to: foster the free and creative expression and exchange of ideas and comment; establish principles and procedures for sharing income derived from intellectual property originating at PAUSD; enable the public to use and benefit from intellectual property originating at PAUSD; manage intellectual property in a way that advances the academic missions of PAUSD including research and scholarship; and assure compliance with applicable laws and regulations in the management of intellectual property. It is not the intent of the Intellectual Property Policy to infringe on the academic freedom of faculty or other teaching staff.

I understand that, consistent with applicable laws and regulations, the PALO ALTO UNIFIED SCHOOL DISTRICT (“PAUSD”) is governed in the handling of intellectual property by its Intellectual Property Policy adopted by the Board of Education of PAUSD. I agree to abide by the terms and conditions of this policy, as it may be amended from time to time.

Pursuant to the Intellectual Property Policy, and in consideration of my employment by PAUSD, the receipt of remuneration from PAUSD, participation in projects administered by PAUSD, access to or use of facilities or resources provided by PAUSD and/or other valuable consideration, I hereby agree as follows:

1. PAUSD policy states that all rights in copyright shall remain with the creator unless the work:

a. is created pursuant to either an oral or written agreement between the creator and PAUSD;

b. is created within an individuals’ employment responsibility and activity with PAUSD;

c. is specifically commissioned by PAUSD;

d. is created by a team of faculty, staff, and /or students of such size or over such an extended period of time that determination of a discrete number of creators would be impossible, impractical or potentially unfair;

e. is created under the terms of a contract or other binding agreement with an entity, other than PAUSD, when such contract or agreement requires PAUSD ownership of the work; or

f. is created or developed with more than incidental use of PAUSD resources.

2. I will disclose to PAUSD all potentially copyrightable works. I hereby assign or confirm in writing to PAUSD all my rights, title and interest, including associated copyright, in and to copyrightable works as described under a) through f), above

and to execute and deliver all documents and do any and all things necessary and proper on my part to effect such assignment.

3. I will disclose to PAUSD all potentially patentable inventions (as defined in the Intellectual Property Policy) conceived or first reduced to practice in whole or in part in the course of my PAUSD responsibilities or with more than incidental use of PAUSD resources. I hereby assign to PAUSD all my rights, title and interest in such patentable inventions and to execute and deliver all documents and do any and all things necessary and proper on my part to effect such assignment.

4. At the expense of PAUSD or a sponsor, as the case may be, I shall assist in every possible way in either the preparation or modification (or both) of copyright or patent applications, and in any litigation which may result or which may become necessary to obtain, assert, or defend the validity of any such copyright or patent.

5. When PAUSD and an outside sponsor enter into an agreement for research or other scholarly endeavors to be conducted with funds or facilities provided by said sponsor and I utilize such funds or facilities, I shall comply with the conditions pertaining to copyrights and patents contained in said agreement, and may be required to agree in writing that I comply.

6. I am free to place my works or inventions in the public domain as long as in so doing neither I nor PAUSD violates the terms of any agreements that govern the intellectual property.

7. I am not under any consulting or other obligations to any third person, organization or corporation in respect to rights in copyrightable works or patentable inventions which are, or could be reasonably construed to be, in conflict with this agreement.1

8. I will not enter into any agreement creating copyright or patent obligations in conflict with this agreement.

9. I will deliver promptly to PAUSD, upon my separation from employment with PAUSD for whatever reason, and at any other time as PAUSD may request, copies of all written records stored in any format, relating to PAUSD intellectual property including but not limited to: communications, writings, drawings, graphs, charts, photographs, data compilations, notes, files, e-mails, diaries, investigation reports, or material similar to any of the foregoing, which are in my possession, custody or control or for which I can obtain access, which will at all times be the property of PAUSD.

1 An alternative to this agreement may be appropriate for personnel with a prior existing and conflicting employment agreement that establishes a right to intellectual property in conflict with PAUSD policies. Personnel in this situation should contact the PAUSD Chief Business Official.

10. Upon my separation from employment with PAUSD or at any other time, I will not disclose to anyone any proprietary or confidential information or intellectual property which PAUSD owns or in which PAUSD has an ownership interest.

11. In further consideration of my agreement to abide by PAUSD Intellectual Property Policy, I acknowledge that PAUSD agrees to pay to me, my heirs or assigns, a share of the proceeds received by PAUSD from the earnings of any such copyrighted work, invention or discovery, arising from any source, whether from license fees, royalties, or sales of the intellectual property or any other source as set forth in PAUSD’s Intellectual Property Policy.

12. This agreement is effective on the later of or my date of hire, enrollment, or participation in projects administered by PAUSD, and is binding on me, my estate, heirs and assigns.

Signature Date

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Students BP 5131.6 ALCOHOL AND OTHER DRUGS The Board of Education believes that the use of alcohol or other drugs adversely affects a student's ability to achieve academic success, is physically and emotionally harmful, and has serious social and legal consequences. The Board desires to keep district schools free of alcohol and other drugs in order to help prevent violence, promote school safety and create a well-disciplined environment conducive to learning. The Superintendent or designee shall develop, implement and evaluate a comprehensive prevention and intervention program that is coordinated with other school and community-based services and programs. The district’s program shall be scientifically based and designed to prevent or reduce alcohol or other drug use and the possession and distribution of illegal drugs. It shall include primary prevention activities such as decision-making skills and conflict management, instruction, referral to a rehabilitation program, enforcement/discipline, activities that promote the involvement of parents/guardians and coordination with appropriate community agencies and organizations. (cf. 0450 - Comprehensive Safety Plan) (cf. 1020 - Youth Services) (cf. 4020 - Drug and Alcohol-Free Workplace) (cf. 5138 - Conflict Resolution/Peer Mediation) (cf. 6020 - Parent Involvement) The Board and Superintendent shall agree upon performance measures that will be used to monitor and determine the effectiveness of the district’s program in reducing drug and alcohol use. The Superintendent or designee shall develop and implement an evaluation process that includes ongoing assessment and analysis of objective data regarding the incidence of drug and alcohol use among district students, including discipline problems, and the prevalence of risk factors. The Superintendent or designee shall consult with principals, teachers, other school personnel, students and parents/guardians when developing the district’s program. The Superintendent or designee shall clearly communicate to all students, staff and parents/guardians the district's policies, regulations and school rules related to the use of alcohol and other drugs on school campuses or at school activities. Information about program needs and goals shall be widely distributed in the community. (cf. 5131.61 - Drug Testing) (cf. 5131.62 - Tobacco) (cf. 5131.63 - Steroids) Staff should encourage students to participate as responsible partners in efforts to maintain a safe, constructive school climate. (cf. 5137 - Positive School Climate)

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BP 5131.6 ALCOHOL AND OTHER DRUGS (continued) The Board encourages the establishment of site-level advisory groups to assist in promoting alcohol- and drug-free schools. (cf. 1220 - Citizen Advisory Committees) The district’s drug education program shall augment county drug education services, if any. District staff shall take every opportunity to cooperate with county and county office of education staff in planning and implementing collaborative alcohol and drug prevention programs. (cf. 1020 - Youth Services) (cf. 1400 - Relations Between Other Governmental Agencies and the Schools) Instruction The district shall provide science-based preventative instruction which has been proven effective in helping students avoid the use of alcohol and other drugs. (cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction) (cf. 6142.8 - Comprehensive Health Education) (cf. 6143 - Courses of Study) All instruction and related materials shall consistently state that unlawful use of alcohol or other drugs is wrong and harmful. Instruction shall not include the concept of responsible use of drugs or alcohol when such use is illegal. (20 USC 7114, 7162; Health and Safety Code 11999.2) The district shall offer staff development activities for staff who implement the comprehensive drug and alcohol prevention and intervention program. (cf. 4131 - Staff Development) Intervention and Referral Programs School staff, students and parents/guardians shall be informed about early warning signs which may indicate alcohol and other drug use and about appropriate agencies offering intervention programs, counseling and referral programs. The Board strongly encourages any student who is using alcohol or drugs to discuss the matter with his/her parent/guardian or with any staff member. Students who disclose their use of alcohol or other drugs when seeking help from an intervention or recovery program shall not be disciplined for such use.

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BP 5131.6 ALCOHOL AND OTHER DRUGS (continued) Enforcement/Discipline The Superintendent or designee shall take appropriate action to eliminate possession, use or sale of alcohol and other drugs and related paraphernalia on school grounds or at school-sponsored activities. (cf. 5131 - Conduct) (cf. 5145.11 - Questioning and Apprehension) (cf. 5145.12 - Search and Seizure) Students possessing, using or selling alcohol or other drugs or related paraphernalia shall be subject to disciplinary procedures including suspension or expulsion and/or referral to law enforcement in accordance with law, Board policy and administrative regulation. In addition, such students may be referred to an appropriate counseling program, transferred to an alternative placement, and/or be restricted from extracurricular activities, including athletics. (cf. 5144 - Discipline) (cf. 5144.1 - Suspension and Expulsion/Due Process) (cf. 6145 - Extracurricular and Cocurricular Activities) Legal Reference:

EDUCATION CODE 44049 Known or suspected alcohol or drug abuse by student 44645 In-service training anabolic steroids 48900 Suspension or expulsion (grounds) 48900.5 Suspension, limitation on imposition; exception 48901 Smoking or use of tobacco prohibited 48901.5 Prohibition of electronic signaling devices 48902 Notification of law enforcement authorities; civil or criminal immunity 48909 Narcotics or other hallucinogenic drugs 48915 Expulsion; particular circumstances 49602 Confidentiality of pupil information 51202 Instruction in personal and public health and safety 51203 Instruction on alcohol, narcotics and restricted dangerous drugs 51210 Areas of study 51220 Areas of study, grades 7 to 12 51260-51269 Drug education 60041 Instructional materials 60110-60115 Instructional materials on alcohol and drug education BUSINESS AND PROFESSIONS CODE 25608 Alcohol on school property; use in connection with instruction HEALTH AND SAFETY CODE 11032 Narcotics, restricted dangerous drugs and marijuana 11053-11058 Standards and schedules 11353.6 Juvenile Drug Trafficking and Schoolyard Act

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BP 5131.6 ALCOHOL AND OTHER DRUGS (continued)

Legal Reference continued:

HEALTH AND SAFETY CODE (continued) 11357 Unauthorized possession of marijuana; possession in school or on school grounds 11361.5 Destruction of arrest or conviction records 11372.7 Drug program fund; uses 11802 Joint school-community alcohol abuse primary education and prevention program 11998-11998.3 Drug and Alcohol Abuse Master Plans 11999-11999.3 Alcohol and drug program funding; no unlawful use 124175-124200 Adolescent family life program (Department of Health Services) PENAL CODE 13860-13864 Suppression of drug abuse in schools VEHICLE CODE 13202.5 Drug and alcohol related offenses by person under age of 21, but aged 13 or over; WELFARE AND INSTITUTIONS CODE 828 Disclosure of information re minors 828.1 Disclosure of criminal records; protection of vulnerable staff & students UNITED STATES CODE, TITLE 20 5812 National education goals 7101-7184 Safe and Drug-Free Schools and Communities Act

Management Resources:

WEB SITES California Department of Education, Alcohol, Tobacco and Other Drug Prevention: http://www.cde.ca.gov/ls/he/at California Healthy Kids: http://www.californiahealthykids.org U.S. Department of Education, Office of Safe and Drug Free Schools: http://www.ed.gov/about/offices/list/osdfs/index.html

Policy PALO ALTO UNIFIED SCHOOL DISTRICT adopted: 01.12.10 Palo Alto, California

Students AR 5131.6 ALCOHOL AND OTHER DRUGS Instruction The curriculum of all elementary and secondary schools shall include instruction on the effects upon the human body, as determined by science, of tobacco, alcohol, narcotics, dangerous drugs as defined in Health and Safety Code 11032, and other dangerous substances. Instruction shall be sequential in nature and suited to meet the needs of students at their respective grade level. (Education Code 51203, 51260) (cf. 5131.62 - Tobacco) In grades 1-6, instruction in drug education should be given in health courses required by Education Code 51210. (Education Code 51260) In grades 7-12, instruction in drug education shall be conducted in health courses and in any other appropriate area of study required by Education Code 51220. (Education Code 51260) (cf. 6142.8 - Comprehensive Health Education) Secondary school instruction shall also include a study of the effects of alcohol and other drugs upon prenatal development. (Education Code 51203) (cf. 6143 - Courses of Study) Instruction shall be provided by appropriately trained instructors who have demonstrated competencies, as determined by the principal or designee, in the following areas: (Education Code 51260) 1. The ability to interact with students in a positive way 2. Knowledge of the properties and effects of tobacco, alcohol, narcotics, dangerous

drugs, and shared drug apparatus 3. Effective teaching skills and competency in helping students to express opinions

responsibly and to become aware of their values as they affect drug-use decisions Intervention District staff shall intervene whenever students use alcohol or other illegal drugs while on school property or under school jurisdiction. Staff members who have a reasonable suspicion that a student may be under the influence of alcohol or drugs shall immediately notify the principal or designee.

AR 5131.6 ALCOHOL AND OTHER DRUGS (continued) If the principal or designee, in his/her professional capacity or in the course of his/her employment, knows, observes or suspects that a student may be under the influence of alcohol or drugs, he/she may notify the parent/guardian. (Education Code 44049) School staff shall not disclose confidential information provided during counseling by a student 12 years of age or older. A school counselor may report such information to the principal or parent/guardian only when he/she believes that disclosure is necessary to avert a clear and present danger to the health, safety or welfare of the student or other persons living in the school community. The school counselor shall not disclose such information to the parent/guardian if he/she believes that the disclosure would result in a clear and present danger to the student's health, safety or welfare. (Education Code 44049, 49602) (cf. 5022 - Student and Family Privacy Rights) (cf. 5141 - Health Care and Emergencies) (cf. 6164.2 - Guidance/Counseling Services) Regulation PALO ALTO UNIFIED SCHOOL DISTRICT approved: 08.02.11 Palo Alto, California

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All Personnel BP 4020 DRUG AND ALCOHOL-FREE WORKPLACE The Board of Education believes that the maintenance of drug- and alcohol-free workplaces is essential to school 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 while on duty, on district property, or at a school-related activity or event. In addition, an employee shall not use or be under the influence of any alcoholic beverage or controlled substance, as defined in 21 USC 812, while on duty, on district property, or at a district-related activity or event. 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 702) 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) 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) The Superintendent or designee shall establish a drug- and alcohol-free awareness program to inform employees about: (Government Code 8355; 41 USC 701) 1. The dangers of drug and alcohol abuse in the workplace 2. The district policy of maintaining drug-free workplace

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BP 4020 DRUG AND ALCOHOL-FREE WORKPLACE (continued) 3. Available drug counseling, rehabilitation, and employee assistance programs (cf. 4159/4259/4359 - Employee Assistance Programs) 4. The penalties that may be imposed on employees for drug 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 PALO ALTO UNIFIED SCHOOL DISTRICT adopted: 01.12.10 and 01.11.11 Palo Alto, California

CSBA Sample Board Policy All Personnel BP 4020(a) DRUG AND ALCOHOL-FREE WORKPLACE

Note: Government Code 8355 mandates state grant recipients such as a school district to certify to the state contracting agency (e.g., the California Department of Education (CDE)) that it agrees to provide a drug-free workplace by taking the actions specified below. Federal grantees are also subject to the same requirements and must provide the same certifications under the federal Drug-Free Workplace Act (41 USC 8101-8106). Federal law contains independent requirements for the drug and alcohol testing of school bus drivers; see BP/AR 4112.42/4212.42/4312.42 - Drug and Alcohol Testing for School Bus Drivers. For language regarding a drug testing program for other employees, see BP/AR 4112.41/4212.41/4312.41 - Employee Drug Testing.

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 8103)

Note: The following optional paragraph prohibits an employee from being under the influence of alcohol or a controlled substance while on duty and should be modified to reflect district practice.

Employees are prohibited from being under the influence of controlled substances or alcohol while on duty. For purposes of this policy, on duty means while an employee is on duty during both instructional and noninstructional time in the classroom or workplace, at extracurricular or cocurricular 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. (cf. 4032 - Reasonable Accommodation)

Note: Government Code 8355 and 41 USC 8103 require the district to certify to the CDE that it has published a statement that notifies employees of the (1) prohibition against drug use, (2) actions that will be taken by the district in the event of a violation, and (3) requirement that employees, as a condition of employment, abide by the district's policy and notify the district in the event of a conviction.

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 8103) BP 4020(b) DRUG AND ALCOHOL-FREE WORKPLACE (continued) An employee shall abide by the terms of this policy and shall 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 8103) The Superintendent or designee shall notify the appropriate federal granting or contracting agency within 10 days after receiving notification, from an employee or otherwise, of any conviction for a violation occurring in the workplace. (41 USC 8103)

Note: 41 USC 8104 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, the district must place an employee on a mandatory leave of absence if he/she is charged with any offense involving aiding or abetting the unlawful sale, use, or exchange to minors of certain controlled substances listed in Health and Safety Code 11054, 11055, and 11056. In the case of a certificated employee, the district must report the mandatory leave of absence offense to the Commission on Teacher Credentialing (CTC) (see BP 4117.7/4317.7 - Employment Status Reports); if the employee is convicted, the CTC will revoke his/her credential. In addition, pursuant to Education Code 44940 and 45304, district may place a certificated or classified employee on a compulsory leave of absence when he/she is charged with a controlled substance offense as defined in Education Code 44011. If the employee is ultimately convicted of the offense, Education Code 44836 and 45123 require the employee to be dismissed. See BP/AR 4118 - Dismissal/Suspension/Disciplinary Action and AR 4218 - Dismissal/Suspension/Disciplinary Action.

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 public health or law enforcement agency or other appropriate agency. (cf. 4112 - Appointment and Conditions of Employment) (cf. 4118 - Dismissal/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-free awareness program to inform employees about: (Government Code 8355; 41 USC 8103) 1. The dangers of drug abuse in the workplace 2. The district's policy of maintaining a drug-free workplace 3. Available drug counseling, rehabilitation, and employee assistance programs

(cf. 4159/4259/4359 - Employee Assistance Programs) BP 4020(c) DRUG AND ALCOHOL-FREE WORKPLACE (continued) 4. The penalties that may be imposed on employees for drug 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 8101-8106 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

(7/02 7/10) 11/10 Policy Reference UPDATE Service Copyright 2016 by California School Boards Association, West Sacramento, California 95691 All rights reserved.

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Community Relations BP 1330 USE OF SCHOOL FACILITIES The Board of Education recognizes that district facilities and grounds are a community resource and authorizes their use by community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities. (cf. 6145.5 - Student Organizations and Equal Access) All school-related activities shall be given priority in the use of facilities and grounds under the Civic Center Act. Thereafter, the use shall be on a first-come, first-served basis. The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that: (Education Code 38133) 1. Aid, encourage, and assist groups desiring to use school facilities for approved

activities 2. Preserve order in school buildings and on school grounds and protect school

facilities, designating a person to supervise this task, if necessary (cf. 0450 - Comprehensive School Safety Plan) (cf. 3516 - Emergencies and Disaster Preparedness Plan) 3. Ensure that the use of school facilities or grounds is not inconsistent with their use

for school purposes and does not interfere with the regular conduct of school work

Fees Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134) Legal Reference: (see next page)

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BP 1330 USE OF SCHOOL FACILITIES (continued) Legal Reference:

EDUCATION CODE 10900-10914.5 Community recreation programs 32282 School safety plan 37220 School holidays 38130-38138 Civic Center Act, use of school property for public purposes BUSINESS AND PROFESSIONS CODE 25608 Alcoholic beverage on school premises MILITARY AND VETERANS CODE 1800 Definitions UNITED STATES CODE, TITLE 20 7905 Equal access to public school facilities COURT DECISIONS Good News Club v. Milford Central School, (2001) 533 U.S. 98 Lamb's Chapel v. Center Moriches Union Free School District, (1993) 508 U.S. 384 Cole v. Richardson, (1972) 405 U.S. 676 Connell v. Higgenbotham, (1971) 403 U.S. 207 ACLU v. Board of Education of Los Angeles, (1961) 55 Cal .2d 167 Ellis v. Board of Education, (1945) 27 Cal.2d 322 ATTORNEY GENERAL OPINIONS 82 Ops.Cal.Atty.Gen. 90 (1999) 79 Ops.Cal.Atty.Gen. 248 (1996)

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES 1101.89 School District Liability and "Hold Harmless" Agreements, LO: 4-89 WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov

Policy PALO ALTO UNIFIED SCHOOL DISTRICT adopted: 01.12.10 Palo Alto, California

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Community Relations AR 1330 USE OF SCHOOL FACILITIES Application for Use of Facilities Any persons or organizations applying for the use of school facilities or grounds shall submit an Application and Permit For Use of Facilities. Civic Center Use Subject to district policies and regulations, school facilities and grounds shall be available to citizens and community groups as a civic center for the following purposes: (Education Code 32282, 38131) 1. Public, literary, scientific, recreational, educational, or public agency meetings 2. The discussion of matters of general or public interest 3. The conduct of religious services for temporary periods, on a one-time or

renewable basis, by any church or religious organization 4. Child care programs to provide supervision and activities for children of

preschool and elementary school age (cf. 5148 - Child Care and Development) (cf. 5148.2 - Before/After School Programs) (cf. 6300 - Preschool/Early Childhood Education) 5. The administration of examinations for the selection of personnel or the

instruction of precinct board members by public agencies 6. Supervised recreational activities including, but not limited to, sports league

activities that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination

7. A community youth center (cf. 1020 - Youth Services) AR 1330 USE OF SCHOOL FACILITIES (continued)

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8. Mass care and welfare shelters during disasters or other emergencies affecting the

public health and welfare (cf. 0450 - Comprehensive Safety Plan) (cf. 3516 - Emergencies and Disaster Preparedness Plan) 9. A ceremony, patriotic celebration, or related educational assembly conducted by a

veterans' organization A veterans' organization means the American Legion, Veterans of Foreign Wars,

Disabled American Veterans, United Spanish War Veterans, Grand Army of the Republic, or other duly recognized organization of honorably discharged soldiers, sailors, or marines of the United States, or any of their territories. (Military and Veterans Code 1800)

10. Other purposes deemed appropriate by the Board of Education The district may grant the use of school facilities on those days on which the public school is closed. (Education Code 37220) (cf. 6115 - Ceremonies and Observances) Restrictions School facilities or grounds shall not be used for any of the following activities: 1. Any use by an individual or group for the commission of any crime or any act

prohibited by law 2. Any use which is inconsistent with the use of the school facility for school

purposes or which interferes with the regular conduct of school or school work 3. Any use which involves the possession, consumption, or sale of alcoholic

beverages or any restricted substances, including tobacco use (cf. 3513.3 - Tobacco-Free Schools) The district may exclude certain school facilities from non-school use for safety or security reasons.

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AR 1330 USE OF SCHOOL FACILITIES (continued) Damage and Liability Groups, organizations, or persons using school facilities or grounds shall be liable for any property damages caused by the activity. The district may charge the amount necessary to repair the damages and may deny the group further use of school facilities or grounds. Any group or organization using school facilities or grounds shall be liable for any injuries resulting from its negligence during the use of district facilities or grounds. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk. (Education Code 38134) Groups or organizations shall provide the district with evidence of insurance against claims arising out of the group's own negligence. Groups or organizations shall also be required to include the district as an additional insured on their liability policies for claims arising out of the negligence of the group. As permitted, the Superintendent or designee may require a hold harmless agreement and indemnification when warranted by the type of activity or the specific facility being used. Regulation PALO ALTO UNIFIED SCHOOL DISTRICT Staff approved: 08.31.10, 09.15.11 Palo Alto, California

CSBA Sample

Administrative Regulation Community Relations AR 1330(a) USE OF SCHOOL FACILITIES

Note: The following administrative regulation is mandated for the management, direction, and control of school facilities, pursuant to Education Code 38133.

Application for Use of Facilities Any person applying for the use of any school facilities or grounds on behalf of any society, group, or organization shall present written authorization from the group or organization to make the application.

Note: The California Supreme Court has determined that the requirements of Education Code 38135 and 38136 are unconstitutional (ACLU v. Board of Education of City of Los Angeles). Although these provisions have not been repealed, districts are advised not to require any oath affirming that the group does not intend to take actions leading to the overthrow of the government. Other types of oaths have been held constitutionally acceptable. The California Supreme Court upheld the use of an oath that the individual or group does not intend to use school premises to commit unlawful acts (ACLU v. Board of Education), and the U.S. Supreme Court has upheld affirmative loyalty oaths for public employees, expressing a promise to support the federal and state constitutions (Connell v. Higgenbotham; Cole v. Richardson). The accompanying Exhibit provides a sample facilities use statement. The following paragraph is optional.

Persons or organizations applying for the use of school facilities or grounds shall submit a facilities use statement indicating that they uphold the state and federal constitutions and do not intend to use school premises or facilities to commit unlawful acts. Civic Center Use Subject to district policies and regulations, school facilities and grounds shall be available to citizens and community groups as a civic center for the following purposes: (Education Code 32282, 38131) 1. Public, literary, scientific, recreational, educational, or public agency meetings 2. The discussion of matters of general or public interest

Note: An Attorney General Opinion (79 Ops.Cal.Atty.Gen. 248 (1996)) found unconstitutional the section of Education Code 38131 which provides that a board may grant the use of school facilities to a religious group to conduct services only when the religious group has no other suitable meeting place. Although Attorney General opinions do not carry the force of law, they are given deference by the courts in the case of legal challenge. Therefore, a district should consult legal counsel before requiring a religious organization to establish that it lacks another suitable meeting place for the conduct of its services in order to rent school

AR 1330(b) USE OF SCHOOL FACILITIES (continued)

facilities. In that same opinion, the Attorney General also determined that Education Code 38131 does not limit the renewability of the temporary use permit for school facilities by a religious organization. Thus, legal counsel should also be consulted before a district refuses to renew a temporary permit. Item #3 below is consistent with the Attorney General's interpretation of Education Code 38131.

3. The conduct of religious services for temporary periods, on a one-time or renewable

basis, by any church or religious organization 4. Child care programs to provide supervision and activities for children of preschool

and elementary school age (cf. 5148 - Child Care and Development) (cf. 5148.2 - Before/After School Programs) (cf. 5148.3 - Preschool/Early Childhood Education) 5. The administration of examinations for the selection of personnel or the instruction of

precinct board members by public agencies 6. Supervised recreational activities, including, but not limited to, sports league

activities that are arranged for and supervised by entities, including religious organizations or churches, and in which youth may participate regardless of religious belief or denomination

7. A community youth center (cf. 1020 - Youth Services)

Note: Pursuant to Education Code 32282, procedures to allow school facilities to be used by public agencies, such as the Red Cross, for mass care and welfare shelters during an emergency must be included in the comprehensive school safety plan. See AR 0450 - Comprehensive Safety Plan.

8. Mass care and welfare shelters during disasters or other emergencies affecting the

public health and welfare (cf. 0450 - Comprehensive Safety Plan) (cf. 3516 - Emergencies and Disaster Preparedness Plan) 9. A ceremony, patriotic celebration, or related educational assembly conducted by a

veterans' organization A veterans' organization means the American Legion, Veterans of Foreign Wars,

Disabled American Veterans, United Spanish War Veterans, Grand Army of the Republic, or other duly recognized organization of honorably discharged soldiers, sailors, or marines of the United States, or any of their territories. (Military and Veterans Code 1800)

AR 1330(c) USE OF SCHOOL FACILITIES (continued)

Note: Education Code 38131 allows the district to grant use of school facilities for other purposes as deemed appropriate. The district may add any other purposes approved by the Governing Board.

10. Other purposes deemed appropriate by the Governing Board Restrictions

Note: In adopting rules for the management and control of school facilities, districts must be careful to ensure that they do not impose restrictions that may violate constitutionally protected rights. Generally, court decisions have held that districts may not discriminate on the basis of a group's viewpoint, and thus the use of facilities should be granted on a neutral basis. In Good News Club v. Milford Central School, the U.S. Supreme Court held that a district which prohibited a religious club from using school facilities after school hours for activities for which it allowed other community groups to use the school facilities discriminated against the club on the basis of the club's religious viewpoint in violation of the First Amendment to the United States Constitution. Because federal and state constitutional free speech issues may be involved when a district denies the use of school facilities to certain groups, it is strongly recommended that a district consult with legal counsel before doing so.

School facilities or grounds shall not be used for any of the following activities: 1. Any use by an individual or group for the commission of any crime or any act

prohibited by law 2. Any use which is inconsistent with the use of the school facilities for school purposes

or which interferes with the regular conduct of school or school work 3. Any use which involves the possession, consumption, or sale of alcoholic beverages

or any restricted substances, including tobacco (cf. 3513.3 - Tobacco-Free Schools)

Note: Pursuant to Business and Professions Code 25608, it is a misdemeanor to possess, consume, sell, give, or deliver any alcoholic beverage to any person in a school building or on school grounds unless a specified exception applies. AB 2073 (Ch. 235, Statutes of 2014) amended Business and Professions Code 25608 to add an exception for cases in which alcohol is served during a special event, pursuant to a license or permit obtained under the Alcohol Beverage Control Act, at district-owned facilities at a time when students are not present. For this purpose, "facilities" include, but are not limited to, office complexes, conference centers, or retreat facilities. The district should consult legal counsel and/or risk management personnel when determining whether to allow alcohol on district property pursuant to this exception. When a district allows the use of its facilities or grounds for events that may involve the serving or consumption of alcoholic beverages, it is recommended that rules and/or limitations be established to minimize risks to the district and attendees at such events (e.g., requiring security guards and/or additional insurance, limiting the presence of alcoholic beverages to

AR 1330(d) USE OF SCHOOL FACILITIES (continued)

designated areas, limiting the types of beverages and/or how many drinks can be served at a time, specifying the time period during which alcoholic beverages may be served). The following optional paragraphs may be revised to reflect any limitations imposed on the facility user.

However, the Superintendent or designee may approve the use of district facilities for special events that may involve the acquisition, possession, use, or consumption of alcoholic beverages when the event is covered by a special events permit pursuant to Division 9 of the Business and Professions Code and will occur at a time when students are generally not on the school grounds. (Business and Professions Code 25608) Any such use of school facilities shall be subject to any limitations that may be necessary to reduce risks to the district and ensure the safety of participants, as determined by the Superintendent or designee. Applicable limitations shall be clearly stated in the facility use agreement to be signed by the user's representative.

Note: Districts may exclude certain facilities from community use for safety or security reasons. Such facilities might include (1) offices or computer rooms containing records and confidential information and (2) science rooms and other rooms containing hazardous chemicals or equipment that cannot be used safely without special knowledge or skills. The following paragraph is optional and may be revised to specify excluded facilities.

The district may exclude certain school facilities from nonschool use for safety or security reasons. Damage and Liability

Note: Pursuant to Education Code 38134, a district is authorized to take the actions specified in the following optional paragraph when damage to school facilities or grounds occurs from use by a nonprofit group, organization, club, or association that promotes youth and school activities.

Groups, organizations, or persons using school facilities or grounds shall be liable for any property damage caused by the activity. The district may charge the amount necessary to repair the damages and may deny the group further use of school facilities or grounds. (Education Code 38134)

Note: Education Code 38134 distinguishes the liability and insurance obligations of nonprofit groups, clubs, and associations that promote youth and school activities from those of the district. The district is liable for any injuries resulting from its negligence in the ownership and maintenance of its facilities and grounds and must bear the cost of insuring against these risks and defending itself from related claims.

Any group or organization using school facilities or grounds shall be liable for any injuries resulting from its negligence during the use of district facilities or grounds. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk. (Education Code 38134)

AR 1330(e) USE OF SCHOOL FACILITIES (continued) Groups or organizations shall provide the district with evidence of insurance against claims arising out of the group's own negligence when using school facilities. (Education Code 38134)

Note: Pursuant to Education Code 38134, groups that promote youth and school activities cannot be required to sign hold harmless and indemnification agreements agreeing to defend and indemnify the district against liability arising during the group's use of school facilities to the extent that the agreement requires the group to assume liability for the district's negligence. The statute is unclear as to whether the district can require non-youth-related groups to indemnify the district from any and all injuries resulting from the use of the facilities. Districts wishing to create such an agreement should consult legal counsel. Because hold harmless agreements are only as strong as the groups' credit, districts should generally require proof of insurance in addition to such agreements. When a hold harmless and indemnification agreement appears necessary for any specific school facilities or a specific event, the district's risk manager, insurance carrier, or legal counsel should tailor it to the situation.

As permitted, the Superintendent or designee may require a hold harmless agreement and indemnification when warranted by the type of activity or the specific facilities being used. (11/06 4/13) 4/15 Policy Reference UPDATE Service Copyright 2016 by California School Boards Association, West Sacramento, California 95691 All rights reserved.