Hayward USD | AR 5138 Students
Conflict Resolution/Peer Mediation
I. Notification Regarding Violent Student Behavior
A. Education Code Section 49079 requires that, beginning July 1, 1990, any teacher of a student who has caused, or attempted to cause, "serious bodily injury" or "injury", as defined in Section 243 of the Penal Code, to another person be so informed.
B. The information provided shall be based on any written records that the district maintains or receives from a law enforcement agency regarding such students.
C. The Child Welfare and Attendance Supervisors shall inform the principal or his/her designee of every student who has caused or attempted to cause another person serious bodily injury or any physical injury which requires professional medical treatment. This information shall be based upon written district records or records received from a law enforcement agency. The Child Welfare and Attendance Supervisors will send parents/guardians a copy of the notice that will be sent to the principal regarding a student's violent behavior.
D. The information provided shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.
E. Information shall be maintained by the principal for a three-year period and shall be provided to teachers as follows:
1. For the 1990/91 school year, incidents documented during the 1989/90 school year
2. For the 1991/92 school year, incidents documented during the 1989/90 and 1990/91 school years.
3. For the 1992/93 school year, incidents documented during the 1989/90, 1990/91 and 1991/92 school years.
4. For each school year thereafter, incidents documented during the previous three school years.
F. Penal Code Section 243, subsection (e), paragraphs (5) and (6), defines "serious bodily injury" and "injury" as follows:
1. "Serious bodily injury" means a serious impairment of physical condition including, but not limited to, the following: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing and serious disfigurement.
2. "Injury" means any physical injury which requires professional medical treatment.
II. Notifying Teachers Regarding Violent Student Conduct
A. Each school principal shall establish a separate confidential school file to contain all available confidential information regarding each student who is known to have caused, or attempted to cause bodily injury (F. 1. and 2. above).
B. A standard form (see Exhibit A) shall be utilized to record each incident where the student caused, or attempted to cause, serious bodily injury or injury to another person.
C. When the student transfers or is assigned to another school within the district; the sending school shall forward the above information to the principal or designee at the new school in a timely fashion (within 20 school days).
D. When the student enrolls and/or is assigned to a new class:
1. The appropriate teacher(s) or counselor(s) shall receive notification in a timely fashion (within 20 school days) from the site administrator.
2. Each teacher or counselor thus informed shall be advised of the confidentiality of the information available and provided an opportunity to review the student's file (Exhibit B).
3. The district will include a paragraph in its substitute teacher orientation folder regarding the mandated reporting of certain student conduct. The substitute teacher will be informed that some of the students that they may be teaching may have caused or attempted to cause "serious bodily injury" or "injury". The substitute teacher will be referred to the confidential file in the office for information about a particular student.
III. Notices to Child Welfare and Attendance Supervisor and Principal
A. Welfare and Institutions Code Section 827 mandates that the Juvenile Court submit to the Superintendent of the district or Child Welfare and Attendance Supervisor of attendance written notice whenever a minor who is enrolled in any of grades K through 12 has been found by the court to have committed any of certain specified offenses.
1. The information furnished is required to be expeditiously transmitted to the administrator, with direct supervisorial or disciplinary responsibility over the minor who is deemed to need the information in order to work with the student in an appropriate fashion, to avoid being needlessly vulnerable or to protect other persons from needless vulnerability.
2. Any information received under this law shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher, counselor, or administrator. Any intentional violation of the confidentiality provisions of this law is a misdemeanor punishable by a fine not to exceed $500.
3. Information received from the court under W.I.C. 827 shall be maintained in the school's separate confidential file (see Section II. A. of this administrative regulation), but the court's form must be destroyed by school authorities 12 months after its receipt from the court or 12 months after the minor returns to public school, whichever occurs last.
B. Child Welfare and Attendance Supervisors also receive legal notices of student misconduct from the Hayward Police Department and other law enforcement agencies. This information will also be forwarded to the principal.
Regulation HAYWARD UNIFIED SCHOOL DISTRICT
approved: February 3, 1992 Hayward, California
revised: November 13, 2013