Desert View School

Parent Handbook
 

 
By: Ada Sandoval  
 

 
 
 
 
 
 
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Table of Contents
Abbreviations 2

FERPA 3

IDEA 4-5

ELL 6-7

IQ TESTING 8

Due Process 9-10

Counseling Rights 11

Sexual & Racial Discrimination 12

GATE 13

 
 
 
 
 
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Abbreviations
Family Educational Rights and Privacy Act (FERPA)
Individuals with Disabilities Education Act (IDEA)
English Language Learners (ELL)
Gifted and Talented Education (GATE)
Limited English Parents (LEP)
Cumulative Record (CUM)

Legal Acronyms & References

CCR California Code of Regulations
CDE California Department of Education
CFR Code of Federal Regulations
EC California Education Code
FAM Family code
PC Penal Code
SEA State Education Agency

Special Education Acronyms

IEP Individualized Education Program
FAPE Free and Appropriate Public Education
LRE Least Restrictive Environment
 

 
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Family Educational Rights & Privacy Act

FERPA
The Family Educational Rights and Privacy Act (FERPA) is a federal law protects the privacy of
student education records. It gives parents or eligible(18+) students more control over their
educational records, and it prohibits educational institutions from disclosing “personally
identifiable information in education records” without the written consent of an eligible student,
or if the student is a minor, the student’s parents (20 U.S.C.S. § 1232g(b)). An eligible student is
one who has reached age 18 or attends a school beyond the high school level. Rights are
transferred parent to child when the child turns 18.

Parents & Eligible Student Rights under FERPA (4 CFR Part 99):
● Request report cards, Transcripts, and view educational records such as CUMs,
Attendance records, Medical records: immunizations or nurse records
Who must Comply(Obey)
• Any public or private school: – Elementary – Secondary – Post-secondary • Any state or local
education agency Any of the above must receive funds under an applicable program of the US
Department of Education
Permitted Disclosures (WHAT SCHOOLS CAN SHARE)​(34 CFR § 99.31):
Schools must tell parents every year for a chance to opt-out (EC 49073)
School officials(Counselor, Psychologist, School Nurse)
• Schools to which a student is transferring
• Specified officials for audit or evaluation purposes
• Appropriate parties in connection with financial aid to a student
• Organizations conducting certain studies for or on behalf of the school • Accrediting
organizations
• Appropriate officials in cases of health and safety emergencies (MEDICAL)
• State and local authorities, within a juvenile justice system, pursuant to specific State law
(COURTS)

What Can be Shared ?

● Address/ Name
● Telephone number/ Student attendance
● Most recent school attended
● Student achievement (Awards)
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Individuals with Disabilities Education Act

IDEA
The Individuals with Disabilities Education Act (IDEA) ensures that acceptable children
with disabilities are to have a free and appropriate public education, as well as being
provided with special education and other relevant services. People with disabilities are
protected under IDEA from ages 3 to 21 under IDEA Part B. Services can start from
birth to the age of 2 inner IDEA Part C. (Public Law 114-95)
IDEA Purpose

● To make sure students with disabilities and their guardians are protected
● Help states, public school districts, and state agencies to provide an education to
children with disabilities
● Help states put in place a statewide, detailed, planned, made up of two systems
of early help with services
● Make sure that educators(teachers) and parents have the tools needed to
improve the academics of children with disabilities
● To test and make use and effort of education to children with disabilities

Rights and Services under IDEA (20 USC 1415)

● Attend any decision making meeting, such as to participate in an IEP team

● Participate in the building of the IEP

IDEA Eligibility
Services are available to students who present with one or more of the following:

● Autism (The way a child thinks and talks is weakened and not at age level)
● Deaf-Blindness (Not being able to Hear or See)
● Deafness (Not being able to hear)
● Emotional Disturbance (Having problems with behavior0
● Hearing Impairment (Difficulty Hearing)
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● Intellectual Disability (Having to do with the way the child learns)

● Multiple Disabilities
● Orthopedic Impairment
● Other Health Impairments
● Specific Learning Disability (Difficulty Learning)
● Speech or Language Impairment (Difficulty speaking)
● Traumatic Brain Injury (Damage to brain)
● Visual Impairment (Difficulty Seeing)

 
 
 
 
 
 
 
 
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ENGLISH LANGUAGE LEARNERS (ELL)

Under Title VI of the Civil Rights Act of 1964 (Title VI) and the Equal Educational
Opportunities Act of 1974 (EEOA), public schools must ensure that EL students can
participate meaningfully and equally in educational programs. “English learner” means a
pupil who is “limited English proficient” as that term is defined in the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 7801(25)).
Schools must provide a child’s information in a language ​parent​ understands.
● registration and enrollment in school and school programs
● grievance procedures and notices of nondiscrimination
● language assistance programs
● parent handbooks
● report cards
● gifted and talented programs
● student discipline policies and procedures
● magnet and charter schools
● special education and related services, and meetings to discuss special
education
● parent-teacher conferences
● requests for parent permission for student participation in school activities
Information
Parent Rights
Code section 361 or 727, or Education Code section 56028 or 56055,
● Parents(adoptive, foster, legal guardians, the person holding education right) that
make choices for students well-being and the school
● Parents are entitled to a parental notice regarding language acquisition program
with a description of any programs like immersion
● Identification of any language that will be taught other than English
● The process to request the establishment of a language acquisition program not
offered at the school. (goals and methods and evidence of proposed program)
● Parents are entitled to request to establish a language acquisition program if one
is not in place
● Parents have a right to be parent of Advisory committees (Groups) at school
level ELAC and at district level DELAC
Student Rights
● Entitled to receive language assistance to improve English
● Must have access to grade-level lessons so they can meet requirements
to promote and graduate
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● Must be given equal opportunities to participate in all education programs

(Lau v. Nichols)
Such as Prekindergarten, magnet, gifted and talented, career and technical education,
arts, athletic programs, Advanced Placement (AP) and international baccalaureate (IB)
courses, clubs and honor societies
ELL students should not be separated due to their status as a ELL
● Students with disabilities must receive both EL services and disability services
● ELL students can receive services and separated from regular classes for only
half the day and must not be separated from their peers
● ELL students must be properly evaluated in order to not be misdiagnosed
● Progress monitored annually through assessments
Process to determining if student is an ELL?
1. 1st-time enrollment such as Kindergarten or students coming from
outside the united states receive a Home Language Survey (HLS)
parents who fill out the HLS and write that language spoken and first
learned at home is native language such as (Spanish, Chinese,
Vietnamese, etc. ) will be placed as an ELL
2. Students are assessed through a screener test
3. Students are placed in ELD, Immersion program based on
assessment
4. Students must reclassify in order to not be considered ELL
Reclassification Process
EC​ Section 60810
California law requires that the assessment for initial identification of an English learner and the
summative assessment shall include, but not be limited to, an assessment of achievement of these pupils
in English reading, speaking, and written skills.
1. Knowledge test for language (Assessment Language Proficiency)
2. Teachers will test the students’ knowledge to help determine if student is able to be placed in
regular English class
3. Parents opinion required
4. Students knowledge of English will be compared to other students that are of the same age, that
are not in the English Language Program
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IQ Testing
ARTICLE 2. Assessment [56320 - 56330]​ ( Article 2 added by Stats. 1980, Ch. 797, Sec. 9. )
What is IQ Testing? ​ Intelligence Quotient (IQ) Testing determines the knowledge an
individual has this is done with multiple questions. This test is given in the language spoken by
the individual taking the test. (​Section 1412(a)(6)(B) of Title 20 of the United States
Code)
Larry P. Case
● After testing students they were placed in special classrooms
● Children who were Black were thought to be special after taking these tests and this
broke several Federal(STATE) Laws
● A person who gives opinions on something (JUDGE) by the name Peckham put to an
end the use of IQ testing on Black children so they would no longer be placed in special
classes
● The state does not let IQ testing be done on Black children due to the thought of being
unfairly placed in special classes.
Competency Testing
Basic Skill test is used to check if a student has the knowledge to move to the next
grade
Curricular Validity:​ The test must show that what is on the test matches with what was
taught in the classroom.
Instructional Validity​: Determines if the students are taught what they will be tested
on.
Testing Students with Disabilities
Under IDEA the correct education must be given for children with special needs
Sec. 504 of the Rehabilitation Act does not allow discrimination for other students who
have special needs for a short period of time, for example, students healing from a
broken arm.
Must be able to test in the Least Restrictive Environment (LRE)
LRE example: be able to spend time with peers who are not considered to have special
needs
Section 1414(b)(2)(B) of Title 20 of the United States Code- Placement of the
correct education program for students will not be determined only by a test.
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DUE PROCESS
Due process complaint. Students have a right to due process. Meaning the right to
defend themselves in a fair meeting if they are facing suspension from school for a few
days (Goss.v.Lopez, 419 U.S. 565)

How to make a complaint?

1. The public company must have a process that requires the person making the
complaint, or the lawyer representing another person or group who is being complained
about (which must remain private)
2. The person making the complaint must send a copy to the Due process complaint SEA
3. The complaint must include the following
● Name of child
● Address
● Name school is attending
● If child is homeless McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2)) the name of school child is attending and most recent contact
information
● A description of the problem and facts regarding the problem/situation
● A solution to the problem in which the group/person being complained about
knows
● Notice is required before the complaint and can't be move forward until the steps
above have been completed
● The quality of the the complaint(Problem) must be enough

Parent Rights to Due Process(EC 56501, EC 56505, EC 56043, CCR3082)

● Have a fair meeting with administrator or person with knowledge about education laws
● Have a lawyer to get legal advice
● Show evidence, written or spoken arguments
● Receive a written or electronic record of meeting
● Have student present
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Students with Special Needs (Disabilities)

● IDEA students and their parents have the right to due process if there is something they
do not agree with in school about testing, placement in certain classrooms. Written
reports must be filled within 2 years of the reported action.

Suspensions (EC 48911

In California students can not be suspended for more than 5 days. When student is facing
possible suspension, they are able to receive their casual meeting:

● Notice of what they are being accused of and the punishment they face
● Explanation of evidence toward student
● Opportunity to challenge what they are being accused of
● Reason for the possible punishment

Schools have a right to suspend students if they are a possible danger, but they must schedule
a meeting as soon as possible.
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COUNSELING RIGHTS

Mandating reporting= Reporting an incident by law

Confidentiality (EDC SEC 49602)= Keep something private/secret, any information said
in counseling sessions (meeting) by students ages 12 or older is private. Information
said to the counselor by the parent is also private. Information can not be shared with
others and can not be written in a child's record (CUM).

Counselor will not tell what is shared unless confidentiality needs to be broken:
● Written waiver by student 12 years old or older
● Duty to Warn ( warning someone if they might be harmed)
● Referral for treatment (outside counseling, therapy)
● Child Abuse/Neglect
● Crime/Injury/Substantial Loss of Property
Duty to Warn (EVID 1024)
Duty to warn assumes some responsibility for the safety, not only of the client, but also to
anyone who might be in danger threatened by the client. Clients lose rights to confidentiality if
the need to protect is more important the obligation to the client, or there is a court order.
Who are mandated reporters?
Teachers, counselors, school employees, psychologist anyone that is working with
students
Mandated Reporting (PC11164-11174.3)
If a mandated reporter suspects child abuse, or harm to a student by law have to report
to child protective services.
Parental Consent (FAM 6924)
Students age 12 and under need parent permission to receive mental health
counseling. Students with special needs (disabilities) written permission is needed until
the student is mentally considered to think like a child of 12 years old. Students 12 and
over can receive mental health services without parent permission.
Student Rights (FAM 6924)
Students age 12 and up can make choices about their mental health services.
Counselors/ Psychologist/ Therapist can not share information unless the student gives
written permission.
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SEXUAL & RACIAL DISCRIMINATION

Equal Educational Opportunities Act (EEOA)
Equal Educational Opportunities Act does not allow public schools from discriminating
on the basis of race, color, or nationality.

Disabilities Act (ADA) and the Rehabilitation Act of 1973

Disabilities Act and the Rehabilitation Act does not allow discrimination based on
disability.

District programs and activities shall be free from discrimination, including

harassment(Bothering), with respect to the actual or recognized racial group, religion,
gender, color, race, ancestry, national origin, and physical or mental disability, age,
relating to the social and financial status, or sexual preference.

Protection from Sexual Harassment and Sexual Discrimination

(AB-1538)
Government and state laws protect you from your school being unfair (discriminating)
against you because of your sex (Male/Female). All genders must be treated equally.
● Classes you can take
● The way you are treated at school
● The activities you can do after school (extracurricular)
● Receiving honors, special awards, scholarships(money for college) and
graduation activities( ex. Prom)
By law you are protected. No teachers, students, principal, school staff, can
make you feel unwelcomed by the gender (male, female, binary, trans,
non-binary) which you wish to call yourself. They can not touch, talk to you in a
sexual way at school or school events.
Protection from Racial Discrimination and Harrassment (EC 200,
EC 220)
Protects you from being treated unfairly due to race (color of your skin),
No person shall be treated unfairly because of disability, gender, gender identity, gender
expression, nationality, race or ethnicity, religion, sexual orientation, or any other traits
in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including
immigration status, in any program or activity conducted by a school that receives, or
benefits from, state financial assistance, or enrolls students who receive state student
financial aid.
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Gifted and Talented Education (GATE)

The California Department of Education (CDE) is in charge of the Gifted and Talented
Education (GATE) program. CDE gave funds to local educational agencies (LEA) in
order to create different and challenging learning opportunities for high achieving and
underachieving students in California’s public educational system. GATE is authorized
under Education Code (EC) section 52200-52212.
GATE provides:

● Special day classes

● Part-time grouping
● Advanced activities
● Cluster grouping ​process in which four to six gifted and talented or
high-achieving students or both are assigned to classroom
● Independent study (working by yourself at your own pace)
● Postsecondary education opportunities (opportunities after high school)
● Services for underachieving gifted and talented students
● Services for linguistically diverse, cultural divergent, and/or economically
disadvantaged gifted and talented pupils

How to identify if your child belongs to GATE?

● Categories of identification include but are not limited to: intellectual(very smart),
creative, specific academic, leadership ability, high achievement(good grades), and
performing or visual arts talent(music,art).
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