Parental/Guardian Notification and Name Policy Proposal

Proposed additional provisions to Parental/Guardian Notification and Name Policy  - Board Policy 5145.6

The Franklin McKinley School District Board of Education (“Board”) strives to foster ongoing communications between its district and parent(s)/guardian(s). To that end, the Board supports the fundamental rights of parent(s)/guardian(s) to be informed of and involved in all aspects of their pupils’ education in order to promote the best outcomes for both the pupil and the family.

Intent of Policy

By enacting this Parental/Guardian Notification and Name Policy (the “Policy”), it is the intent of the Franklin McKinley School District (“District”) to do all of the following:

1. Set forth expectations for transparency, and clear and candid communications, between the District and parent(s)/guardian(s) of pupils.

2. Bring parent(s)/guardian(s) into the decision-making process at the earliest possible time regarding the mental health and social-emotional issues of their children to protect the health, safety and welfare of all pupils including, but not limited to, preventing self-harm, and promoting the best outcomes for both pupils and families.

3. Promote communication and positive relationships with parent(s)/guardian(s) of pupils that promote best outcomes for pupils’ academic and social-emotional success.

4. Encourage all District employees, administrators, certificated staff and/or agents to collaborate with parent(s)/guardian(s) in evaluating the needs of pupils who exhibit difficulties or challenges with academics or attendance, or social, emotional, or behavioral issues, and to identify the strategies and programs that may assist such pupil(s) to maximize their opportunities for success in school and beyond.

5. Acknowledge and affirm fundamental parental rights secured by the 14th Amendment to the U.S. Constitution, as set forth in Troxel v. Granville, 350 U.S. 57, 67-68 (2000) that a “custodial parent has a constitutional right to determine, without undue interference by the state, how best to raise, nurture, and educate the child.”

6. Acknowledge that “[t]he child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”  Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925).

7. Acknowledge that only a parent or guardian may petition the California courts for a change of the name of a minor child. Cal. Code of Civil Procedure §1276.

8. Acknowledge that teachers, district employees, administrators, certificated staff and agents of the District are acting as government employees while they are performing work and services for the District, and that their speech can be regulated by the Board.  Johnson v. Poway Unified School District 658, F.3.d. 954 (9th circuit 2011.)

Pupil Records

1. Parent(s)/Guardian(s) who have legal custody of the pupil shall, on an annual basis, provide the District with the following information at the start of pupil’s enrollment into the District: the pupil’s legal name and all names that the parent/guardian approves for use by the pupil in any manner of communication by any teacher, district employee, administrator, certified staff, contractor and/or agent of the District. This information shall also include the parent-approved pronouns for the pupil. This information shall be contained on a single form referred to as the “Name Form.” The Name Form will become a part of the pupil record and/or education record under the California Education Code § 49069.7 and FERPA 20 U.S.C. §1232g(a)(4)(B).

2. All teachers, district employees, administrators, certificated staff and contractors and/or agents of the District shall only use the names and pronouns that appear on the Name Form for the pupil in any and all communications, verbal or written, while at school and/or any school-sponsored or school-related events.

3. The Name Form may be amended only by the parent(s)/guardian(s), or the pupil, once the pupil is age 18 or older.

4. Teachers, district employees, administrators, certificated staff or contractors and/or agents of the District who have a sincerely held religious belief can request religious accommodations from the District regarding the usage of pronouns, if such pronoun usage conflicts with their sincerely held religious beliefs. Pursuant to federal and state law, the District shall grant religious accommodations unless such accommodation would result in an undue hardship under the law.

Clubs and Athletic Teams

1. Parents/guardians must provide advance written authorization for their pupil to participate in any club and/or athletic team or club offered by the District. The authorization form must include a complete and accurate description of the clubs and/or athletic team and must be obtained for each and every club and/or athletic team. Pupils aged 18 and older need no such authorization.

2. Parents/guardians have the authority to prohibit their pupil from participating in any club and/or athletic team offered by the District and its contractor or agent until the pupil is aged 18.

School Counseling

1. Where the pupil is under 12 years of age, school counselor(s)/mental health provider(s) must get written consent from the parent(s)/guardian(s) before a school counselor/mental health provider meets with their pupil. No discussions between the school counselor(s)/mental health provider(s) and pupil are confidential from the parent(s)/guardian(s) including personal information unless there is a claim of abuse under which the school counselor/mental health provider is required to report as a mandated reporter. (Cal. Ed. Code 49602 and Penal Code sections 11164-11174.3, the District Policy [5145] and Administrative Regulations [5145.6(a)]. School counselor(s)/mental health provider(s) must notify the parent(s)/guardian(s) of the content of the meeting with their pupil, at a minimum, within three (3) school days from the meeting. If the school counselor(s)/mental health provider(s) has a reason belief that the pupil is in a clear and present danger of harm to self or others, notification to the parent(s)/guardian(s) must be immediate or as soon as reasonably possible.

2. Where the pupil is 12 years or older, the school counselor(s)/mental health provider(s) shall comply with Education Code Section 49602 and determine whether any disclosures of a personal natural by the pupil to his or her parent(s)/guardian(s) is necessary to avert a clear and present danger to the pupil’s health, safety, or welfare. If a clear and present danger exists, the school counselor(s)/mental health provider(s) must notify the parent(s)/guardian(s) immediately or as soon as reasonably possible. The school counselor(s)/mental health provider(s) shall be mindful of revelations from the pupil that place the pupil in a category of youth with heightened suicidal ideation or suicide risk in his or her decision to withhold counseling information from the parent(s)/guardian(s).  However, if notifying the parent(s)/guardian(s) creates a clear and present danger to the pupil, no notification to the parent(s)/guardian(s) is required, but the school counselor(s)/mental health provider(s) must document, in writing, the specific basis for his or her belief of that a clear and present danger exists and shall comply with mandating reporting laws.

Physical Injury Notification

The principal/designee, or staff shall notify the parent(s)/guardian(s) of the pupil immediately or as soon as reasonably possible, when a pupil experiences any significant physical injury while on school property or while participating in a school sponsored activity.

Suicidality

All District employees shall take every pupil’s statement(s) regarding suicidal intent seriously. To this end, and in accordance with Board Policy 5145.6:

1. Whenever a District employee, administrator, or certificated staff member or Contractor and/or agent suspects or has knowledge of a pupil’s suicidal intentions, based on the pupil’s verbalizations or act(s) of self-harm, the employee, administrator, staff member or contractor/agent shall promptly notify the principal/designee or school counselor, who shall implement the District’s intervention protocols, as appropriate, and shall notify the parent(s)/guardian(s) immediately, or as soon as reasonably possible.

2. When a suicide attempt or threat is known, the principal/designee shall ensure pupil safety by taking the following actions:
   
   (i) Immediately secure medical treatment and/or mental health services as necessary;
   (ii) Keep the pupil under continuous adult supervision until the parent(s)/guardian(s) and/or appropriate support agent or agency can be contacted and has the opportunity to intervene;
   (ii) Notify law enforcement and/or other emergency assistance if a suicidal act is being actively threatened and remove other pupils from the area in the event of an active suicidal act.

3. The principal/designee shall document the incident in writing, including the steps taken by the school in response to the suicide attempt or threat.

Bullying By or Against a Pupil

The principal/designee or certificated staff shall notify the parent(s)/guardian(s) of any incident or complaint of a verbal or physical altercation involving their pupil, including bullying by or against their pupil, within three school days of the occurrence.  Any pupil, parent(s)/guardian(s), or other individual who believes that a pupil has been subjected to bullying or who has witnessed bullying may report the incident to the principal, assistant principal, or teacher. Any complaint of bullying, whether it is discriminatory or nondiscriminatory, shall be investigated and resolved in accordance with law and in accordance with Board Policy 5145.6.

Miscellaneous

1. District employees shall act only within the authorization and scope of their credential or license. An employee is not authorized to diagnose or treat mental illness unless specifically licensed and employed to do so. (California Education Code Section 215).

2. The notification required above may be by telephone, mail, email, or conference, and shall comport with the preferred notification method(s) identified in the pupil’s records by the parent(s)/guardian(s). District employees who make such notification shall either keep a record of such notification (if written) or shall document such notification (if verbal).

3. To the extent this Parental/Guardian Notification and Name Policy conflicts with any other Board Policy, this Policy takes precedence.

Fiscal Impact:

The Fiscal Impact for implementing this policy will be reported annually and updated as part of the Board of Education’s approval and adoption of the District budget.

Legal References:

• CALIFORNIA EDUCATION CODE:

  • 35160 Authority of Governing Board

  • 49069.7 Absolute right to access

  • 49602 Confidentiality of pupil information

  • 51100-51102 Parent/guardian rights

• CALIFORNIA FAMILY CODE:

  • 6924 Counseling Services

• CALIFORNIA HEALTH AND SAFETY CODE:

  • 124260 Counseling Services

• FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT 20 U.S.C. 1232g

• CALIFORNIA CODE OF CIVIL PROCEDURE:

  • 1276 Change of Names