Cautionary Notice: As added and amended by SBX3 4 (Ch. 12, Third Extraordinary Session, Statutes of 2009), ABX4 2 (Ch. 2 Fourth Extraordinary Session, Statutes of 2009), and SB 70 (Ch. 7, Statutes of 2011), Education Code 42605 grants districts flexibility in "Tier 3" categorical programs. The Newport-Mesa Unified School District has accepted this flexibility and thus is deemed in compliance with the statutory or regulatory program and funding requirements for these programs for the 2008-09 through 2014-15 fiscal years. As a result, the district may temporarily suspend certain provisions of the following policy or regulation that reflect these requirements. For further information, please contact the Superintendent or designee.
Cautionary Notice 2010-13: AB 1610 (Ch. 724, Statutes of 2010) amended Education Code 37252.2 and Government Code 17581.5 to relieve districts from the obligation, until July 1, 2013, to perform any activities that are deemed to be reimbursable state mandates under those sections. As a result, certain provisions of the following policy or administrative regulation that reflect those requirements may be suspended.
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
I. Annually
Beginning of each school 17612, 48980.3 AR 3514.2 Use of pesticide product,
year active ingredients, Internet
address to access information
Annually by February 1 35256 BP 0510 School Accountability
Report Card provided
Beginning of each school 35291, 48980 AR 5144 District and site discipline
year AR 5144.1 rules
Beginning of each school 46010.1 BP 5113 Absence for confidential
year medical services
Beginning of each school 48980 BP 6111 Schedule of minimum days
year
Beginning of each school 48980, 231.5; AR 5145.7 Sexual harassment policy
year 5 CCR 4917 as related to students
Beginning of each school 48980, 32255- AR 5145.8 Right to refrain from harmful
year 32255.6 or destructive use of animals
Beginning of each school 48980, 35160.5, AR 5111.1 All statutory attendance
year 46600-46611, AR 5116.1 options, available local
48204 AR 5117 attendance options, options for
meeting residency
Beginning of each school 48980, 46014 BP 5113 Absence for religious
year, if Board has adopted AR 5113 purposes
resolution allowing such
absence
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
I. Annually (continued)
Beginning of each school 48980, 48205 BP 5113 Excused absences; grade/credit
year AR 5113 cannot be reduced due to
AR 6154 excused absence if work or test
has been completed
Beginning of each school 48980, 48206.3, AR 6183 Availability of home/hospital
year 48207, 48208 instruction for students with
temporary disabilities
Beginning of each school 48980, 49403 BP 5141.31 Consent to school
year immunization program
Beginning of each school 48980, 49423, AR 5141.21 Administration of
year 49480 prescribed medication
Beginning of each school 48980, 49451; AR 5141.3 Right to refuse consent to
year 20 USC 1232h physical examination
Beginning of each school 48980, 49472 BP 5143 Availability of
year insurance
Beginning of each school 49063 AR 5125 Challenge, review, and
year AR 5125.3 expunging of records
Beginning of each school 49063, 49069; AR 5125 Student records: inspect and
year 20 USC 1232g; review, access, types, location,
34 CFR 99.7 persons responsible, location
of log, access criteria, cost of
copies, amendment requests,
criteria to determine legitimate
educational interest, course
prospectus availability
Beginning of each school 49063, 49073; AR 5125.1 Release of directory
year 20 USC 1232g; information
34 CFR 99.37
Beginning of each school 49520, 48980; AR 3553 Free and reduced price
year 42 USC 1758; meals
7 CFR 245.5
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
I. Annually (continued)
Annually 56301 BP 6164.4 Parental rights re: special
education identification,
referral, assessment,
instructional planning,
implementation and review,
and procedures for initiating
a referral for assessment
Beginning of each school 58501, 48980 AR 6181 Alternative schools
year
Annually Health & Safety AR 5141.6 Availability of dental fluoride
Code 104855 treatment; opportunity to
accept or deny treatment
Annually 5 CCR 4622 AR 1312.3 Uniform complaint
procedures, available
appeals, civil law remedies,
and identity of coordinator
Beginning of each school 20 USC 1232h AR 5022 Notice of privacy policy and
year BP 6162.8 dates of activities re: survey,
health examination, or collection
of personal information for
marketing; process to opt out
of such activities
Beginning of each school 20 USC 6311; AR 4112.24 Right to request information
year, if district receives 34 CFR 200.61 AR 4222 re: professional qualifications
Title I funds of child's teacher and
paraprofessional
Annually, if district schools 20 USC 6316 AR 0520.2 Availability of supplemental
have been identified for program educational services, identity
program improvement or of providers, description of corrective action services, qualifications,
effectiveness of providers
Beginning of each school 34 CFR 104.8, BP 0410 Nondiscrimination
year 106.9 BP 6178
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
I. Annually (continued)
Annually to parent, teacher, and 40 CFR 763.84, AR 3514 Availability of asbestos
employee organizations or, in 763.93 management plan; any
their absence, individuals inspections, response actions
or post-response actions
planned or in progress
II. At Specific Times During the Student's Academic Career
Beginning in grade 7, 221.5, 48980 AR 6164.2 Course selection and
at least once prior to course career counseling
selection and career counseling
When child first enrolls 32390, 48980 AR 5142.1 Fingerprinting program
in a public school, if
the school offers a
fingerprinting program
Upon registration in K-6, if 39831.5 AR 3543 School bus safety rules and
students have not previously information, list of stops, rules
been transported of conduct, red light crossing
instructions, bus danger zones,
walking to and from stops
Beginning of each school 44808.5, 48980 AR 5112.5 Open campus
year for high school students,
if high school is open campus
Beginning of each school 48980, 51225.3 AR 6146.1 How each high school
year in grades 9-12, if district graduation requirement does or
allows career technical education does not satisfy college
(CTE) course to satisfy entrance a-g course criteria;
graduation requirement list of district CTE courses that
satisfy a-g course criteria
Beginning of each school 48980, 52244 AR 6141.5 Availability of state funds to
year, for high school students cover costs of advanced
placement exam fees
Beginning of each school 48980, 60850 AR 6162.52 Requirement to pass the high
year in grades 9-12 and when school exit exam including:
high school student transfers date of exam, requirements for
into the district passing, consequences of not
passing, and that passing is a
condition of graduation
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
II. At Specific Times During the Student's Academic Career (continued)
When students entering grade 7 49452.7 AR 5141.3 Specified information on type
2 diabetes
When in kindergarten, 49452.8 AR 5141.32 Requirement for oral health
or first grade if not previously assessment, explanation of
enrolled in public school law, importance of oral health,
agency contact, privacy rights
Beginning of each school year 51229, 48980 AR 6143 College admission
for students in grades 9-12 requirements, UC and CSU
web sites that list certified
courses, description of CTE,
CDE Internet address, how
students may meet with
counselors
Beginning of each school 51938, 48980 AR 6142.1 Explanation of sex and HIV/
year for students in grades AIDS instruction; right to view
7-12 A/V materials, who's teaching,
request specific Education
Code sections, right to excuse
Within 20 working days of 60641; AR 6162.51 Results of tests; test
receiving results of 5 CCR 863 purpose, individual score
standardized achievement tests and intended use
When child is enrolled Health & Safety AR 5141.32 Health screening
in kindergarten Code 124100 examination
To students in grades 11-12, 5 CCR 11523 AR 6146.2 Notice of proficiency
early enough to enable examination provided
registration for fall test under Education Code 48412
To secondary students, if 20 USC 7908 AR 5125.1 Notice that parents may
district receives Title I funds request district to not release
name, address, phone number
of child to military recruiters
without prior written consent
III. When Special Circumstances Occur
Upon receipt of a 262.3 AR 1312.3 Civil law remedies
complaint alleging available to complainants
discrimination
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
III. When Special Circumstances Occur (continued)
When student has been placed 310, 5 CCR 11309 AR 6174 Placement of child in
in structured English program and opportunity
immersion program to apply for parental
exception waiver
When student is identified 440; 20 USC 7012 AR 6174 Student's identification for
as English learner and district program for English learners;
receives Title III funds, not any failure of district to meet
later than 30 days after annual measurable
beginning of school year achievement objectives
Before high school student 17288 None University campus buildings
attends specialized may not meet Education Code
secondary program on a requirements for structural
university campus safety
At least 72 hours before 17612 AR 3514.2 Intended use of pesticide
use of pesticide product product
not included in annual list
To members of athletic 32221.5 AR 5143 Offer of insurance; no-cost and
teams low-cost program options
If school has lost its WASC 35178.4 BP 6190 Loss of status, potential
accreditation status consequences
At least six months 35183 AR 5132 Dress code policy
before implementing requiring schoolwide
a schoolwide uniform policy uniform
Beginning of each term, 37254 AR 6179 Availability of intensive
when student has not passed instruction and services for
the exit exam by the end two consecutive academic
of grade 12 years and right to file
complaint
Before implementing a 37616 BP 6117 Year-round schedule
year-round schedule
When interdistrict 46601 AR 5117 Appeal process
transfer is requested
and not approved or denied
within 30 days
Before early entry to 48000 AR 5111 Effects, advantages and
kindergarten, if offered disadvantages of early entry
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
III. When Special Circumstances Occur (continued)
When student identified as 48070.5 AR 5123 Student at risk of
being at risk of retention retention
When student excluded due to 48213 AR 5112.2 Student has been excluded
quarantine, contagious or BP 5141.33 from school
infectious disease, danger to
safety or health
Before student is excluded 48216 AR 5141.31 Two weeks to submit evidence
for lack of immunization of immunization or exemption;
referral to medical care
When a student is 48260.5, 48262 AR 5113.1 Truancy, parental obligation,
classified a truant availability of alternative
programs, student
consequences, need for
conference
When a truant is referred 48263 AR 5113.1 Name and address of SARB
to a SARB or probation or probation department and
department reason for referral
When a school is identified on 48354; AR 5118 Student's option to transfer
the state's Open Enrollment List 5 CCR 4702 to another school
Within 60 days of receiving 48357; AR 5118 Whether student's transfer
application for transfer out of 5 CCR 4702 application is accepted or
open enrollment school rejected; reasons for rejection
Prior to involuntary transfer 48432.5 AR 6184 Right to require meeting prior
to continuation school to involuntary transfer to
continuation school
When student is removed from 48900.1 BP 5144.1 Parental attendance required;
class and teacher requires AR 5144.1 timeline for attendance
parental attendance at school
Prior to withholding grades, 48904 AR 5125.2 Damaged school
diplomas, or transcripts property
When withholding grades, 48904.3 AR 5125.2 Next school will continue
diplomas or transcripts withholding grades, diplomas,
from transferring student or transcripts
When student is released 48906 BP 5145.11 Release of student to
to peace officer peace officer
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
III. When Special Circumstances Occur (continued)
At time of suspension 48911 BP 5144.1 Notice of suspension
AR 5144.1
When original period of 48911 AR 5144.1 Extension of suspension
suspension is extended
Before holding a closed 48912 AR 5144.1 Intent to hold a closed session
session re: suspension re: suspension
When student expelled 48915.1, BP 5119 Hearing re: possible danger
from another district for 48918 presented by expelled
certain acts seeks admission student
When readmission is 48916 AR 5144.1 Reasons for denial;
denied determination of assigned
program
When expulsion occurs 48916 AR 5144.1 Description of
readmission procedures
10 calendar days before 48918 AR 5144.1 Notice of expulsion
expulsion hearing hearing
When expulsion or 48918 AR 5144.1 Decision to expel; right to
suspension of expulsion appeal to county board;
occurs obligation to inform new
district of status
One month before the 48980 BP 6111 When minimum days
scheduled minimum day scheduled after beginning
of the school year
When parents request 48987 AR 5141.4 Guidelines for filing
guidelines for filing complaint of child abuse
complaint of child abuse at a school site with local
at a school site child protective agencies
When student in danger 49067 AR 5121 Student in danger
of failing a course of failing a course
When student transfers 49068 AR 5125 Right to receive copy of
from another district or student's record and to
private school challenge its content
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
III. When Special Circumstances Occur (continued)
Within 24 hours of 49076 AR 5125 Release of student record to a
release of information judge or probation officer for
to a judge or probation conducting truancy mediation
officer program or for presenting
evidence at a truancy petition
Before release of 49077 AR 5125 Release of information
information pursuant to pursuant to court order
court order or subpoena or subpoena
When screening results in 49452.5 AR 5141.3 Scoliosis screening
suspicion that student
has scoliosis
When test results in 49456 AR 5141.3 Vision or hearing test
discovery of visual or
hearing defects
Annually to parents/guardians 49475 AR 6145.2 Information on concussions
of student athletes before their and head injuries
first practice or competition
Before any test 51513 AR 5022 Permission for test, survey
questioning personal beliefs questioning personal beliefs
Within 14 days of instruction 51938 AR 6142.1 Instruction in HIV/AIDS or
if arrangement made for guest sexual health education by
speaker after beginning of guest speaker or outside
school year consultant
Prior to administering survey 51938 AR 5022 Notice that the survey will
regarding health risks and be administered
behaviors to students in 7-12
Upon assessment and 52164.1, AR 6174 Assessment results; program of
reassessment of English 52164.3, education for English language
proficiency and enrollment 52173; learners
in program of education 5 CCR 11303
for English language learners
When migrant education 54444.2 BP 6175 Parent advisory council
program is established AR 6175 membership composition
When child participates in Health & Safety AR 5148 Parent right to enter facility
licensed child care and Code 1596.857
development program
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
III. When Special Circumstances Occur (continued)
When sharing student Health & Safety AR 5125 Types of information to be
immunization information Code 120440 shared, name and address of
with an immunization agency, acceptable use of the system information, right to examine,
right to refuse to share
When hearing is requested Penal Code AR 3515.2 Notice of hearing
by person asked to leave 627.5
school premises
Prior to student 5 CCR 3831 AR 6172 Gifted and talented
participation in gifted student program
and talented program
When providing written 5 CCR 4631 AR 1312.3 Appeal rights and
decision in response to a procedures
complaint re: discrimination,
special education, or
noncompliance with law
regulating educational programs
Within 30 calendar days 5 CCR 11511.5 AR 6174 CELDT test results
of receipt of CELDT results
When child participates in 5 CCR 18066 AR 5148 Policies re: unexcused
licensed child care and absences
development program
When district substantively 20 USC 1232h AR 5022 Notice of any substantive
changes policy on student change in policy or regulation
privacy rights
For districts receiving Title I 20 USC 6311 AR 4112.24 Timely notice to parent of
funds, when child has been child's assignment
taught for four or more
consecutive weeks by a teacher
who is not "highly qualified"
When school identified for 20 USC 6312 AR 0520.2 Notice of failure to parents
program improvement or of English language learners corrective action, within 30
days of failure to make annual
yearly progress
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
III. When Special Circumstances Occur (continued)
For districts receiving Title I 20 USC 6312 AR 6174 Reasons for placement, level
funds, not later than 30 days of proficiency, instructional
after beginning of school year, methods, how program meets
to parents of English learners child's strengths and teaches
English, exit requirements,
right to choose another
program
When school identified for 20 USC 6316 AR 0520.2 Explanation of identification,
program improvement or AR 5116.1 reasons, how problem will be
corrective action addressed, how parents can
become involved, transfer
option, availability of
supplemental services
When district identified for 20 USC 6316 AR 0520.3 Explanation status, reasons for
program improvement identification, how parents can
participate in upgrading district
For schools receiving Title I 20 USC 6318 AR 6020 Notice of policy
funds, upon development of
parent involvement policy
When household is selected 42 USC 1758; AR 3553 Notice of need to submit
for verification of eligibility 7 CFR 246.6a verification information; any
for free or reduced-price meals subsequent change in benefits;
right to appeal
When student transfers 34 CFR 99.34 AR 5125 Right to review records
out of state and records are
disclosed without consent
pursuant to 34 CFR 99.30
IV. Special Education Notices
Prior to conducting initial 56301, 56321, AR 6164.4 Proposed evaluation plan,
evaluation 56321.5, 56321.6, related parental rights,
56329; 34 CFR prior written notice
300.502
24 hours before IEP 56341.1 AR 6159 Intention to audio-record
when district intending to IEP meeting
record
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
IV. Special Education Notices (continued)
Early enough to ensure 56341.5; AR 6159 Time, purpose, location, who
opportunity for parent 34 CFR 300.322 who in attendance,
to attend IEP meeting participation of others with
special knowledge, transition
statements if appropriate
When parent orally 56343.5 AR 6159 Need for written request
requests review of IEP
For student receiving exit 60852.4 AR 6162.52 Right to FAPE
exam waiver, prior to
receipt of diploma
When student is selected to be 5 CCR 850 AR 6162.51 Notice that the student's
assessed with the California achievement will be measured
Modified Assessment based on modified
achievement standard
Before functional behavioral 5 CCR 3052 AR 6159.4 Notification and consent
assessment begins
Before modification of 5 CCR 3052 AR 6159.4 Need for modification,
behavioral intervention right to question
plan modification
Within one school day of 5 CCR 3052 AR 6159.4 Emergency intervention
emergency intervention or
serious property damage
Whenever there is a proposal 20 USC 1415(c); AR 6159 Prior written notice
or refusal to initiate or change 34 CFR 300.300, AR 6159.1
the identification, evaluation, 300.503
placement, or FAPE, including
when parent/guardian revokes
consent for services
Initial referral for 20 USC 1415(d); AR 6159.1 Prior written notice and
evaluation 34 CFR 300.503 procedural safeguards notice
Registration of complaint 20 USC 1415(d); AR 6159.1 Procedural safeguards
34 CFR 300.504 notice
Disciplinary action taken 20 USC 1415(k); AR 5144.2 Decision and procedural
for dangerous behavior 34 CFR 300.530 safeguards notice
Suspension or change of 20 USC 1415(k); AR 5144.2 Decision and procedural
placement for more than 10 days 34 CFR 300.530 safeguards notice
Education or Board Policy/
When to Other Legal Administrative
Notify Code Regulation # Subject
IV. Special Education Notices (continued)
Upon requesting a 20 USC 1415(k); AR 6159.1 Child's name, address, school,
due process hearing 34 CFR 300.508 description of problem, proposed
resolution
Eligibility for services 34 CFR 104.32, AR 6164.6 Procedural safeguards, district
under Section 504 104.36 responsibilities
V. Classroom Notices
In each classroom in each 35186 AR/E 1312.4 Complaint rights re: sufficiency of
school instructional materials, teacher
vacancy and misassignment,
maintenance of facilities, and, for
classrooms with grades 10-12,
right of students who did not pass
exit exam to receive intensive
instruction after grade 12
Exhibit NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: February 12, 2013 Costa Mesa, California