09-10-09 Agenda Backup

SAN JOSE UNIFIED SCHOOL DISTRICT 

San José, California 

AGENDA 

BOARD OF EDUCATION 

REGULAR SESSION MEETING 

September 10, 2009 

6:30 P.M. 

BOARD ROOM 

855 Lenzen Avenue 

(District Administration Building) 

All meetings of the Governing Board are open to the general public, with the 

exception of Closed Sessions which are held to consider those items specifically 

exempt under the Ralph M. Brown Act. Anyone planning to attend a meeting who 

has a disability and needs special assistance should call the Superintendent’s Office, 

535-6069, at least 3 days in advance to make special arrangements. 

Spanish translation is available at Regular Session Board Meetings. To arrange for 

translation services, please call the Superintendent’s Office, 535-6069, at least 3 

days in advance. [Se ofrece traducción en Español para la junta regular de la mesa 

directiva. Para solicitar servicios de traducción al español, por favor llame a la 

Oficina del Superintendente, al 535-6069, con 3 días de anticipación por lo menos.] 

Mrs. Leslie B. Reynolds, President 

Mrs. Veronica Grijalva Lewis, Vice-President 

Mrs. Pamela Foley, Member 

Mr. Richard Garcia, Member 

Mr. Jorge González, Member 

Miss Michelle Hsieh, Student Board Member [Leland High School] 

Miss Mariela Garcia, Alternate Student Board Member [Gunderson High School] 

Mr. Don Iglesias, Superintendent of Schools

Board Agenda Backup - September 10, 2009 Page 2 



August 28, 2009 

(Board Meeting September 10, 2009) 

SUBJECT: Board Appointment of Measure F and Measure C Citizens Bond 

Oversight Committee (CBOC) Members (ACTION) 

REQUESTED ACTION: That the Board of Education approve the appointment of the 

following member to serve on the CBOC from September 11, 2009 

to June 30, 2011. 

Sheri Al-Ashari (1 st Term) Parent of SJUSD student 

BACKGROUND: In accordance with Proposition 39, the District is required to have a 

Citizens Bond Oversight Committee for Measure F and Measure C 

proceeds. The committee must have a representative from each of 

the following categories: 1) Parent of a SJUSD student, 2) Parent 

and active in PTA, 3) Member of a taxpayers association, 4) Member 

of a senior citizens organization and 5) Business organization. 

Candidates for the CBOC must live within SJUSD boundaries, may 

not be SJUSD employees and may not be doing business with 

SJUSD. 

The appointment of this member brings the total membership to ten 

representing three of the required categories. We will continue our 

recruiting efforts in order to fill all five of the required categories. 

Prepared by, 

Ann Jones, Chief Business Officer 

Administrative Services 

Approved by, 

Don Iglesias 

Superintendent of Schools 

IV.1



San Jose, California 



SUBJECT: Administrative, Elementary/Secondary Certificated Personnel 

Actions and Personnel Services (ACTION) 

REQUESTED ACTION: That the Board of Education approve the following Personnel Actions: 

ELECTIONS: 

Name Position FTE Salary Effective 

Brasher, Gay Temp Teacher, Leland High 0.4 * 08/13/09 

Correa, Frank Temp Teacher, Liberty 0.4 * 08/13/09 

Da Silva, Paul Temp Teacher, San Jose High 0.2 * 08/13/09 

Evans, Thomas Roger Temp Teacher, River Glen Elem. 0.2 * 08/12/09 

Poulin, Nicole Temp Teacher, Hoover 0.8 * 08/13/09 

Runels, Arleen L. Temp Teacher, Reed 0.2 * 08/12/09 

Takao, Reiko Temp Teacher, San Jose High 0.4 * 08/13/09 

Avrech, Aaron PNC Teacher, John Muir 1.0 * 08/17/09 

Ditty, Lauren PNC Teacher, Willow Glen Middle 1.0 * 08/13/09 

Friedman, Adam PNC Teacher, Willow Glen High 1.0 * 08/13/09 

Fuccella, Rachel PNC Teacher, Willow Glen High 1.0 * 08/13/09 

Gonzalez, Julio C. PNC Teacher, Willow Glen High 1.0 * 08/13/09 

Guindon, Marcelo PNC Teacher, Canoas & Graystone 1.0 * 08/12/09 

Jordan, Eric M. PNC Teacher, Burnett 1.0 * 08/13/09 

Leung, Samantha PNC Teacher, Lincoln 1.0 * 08/13/09 

Liu, Jia PNC Teacher, Leland 1.0 * 08/13/09 

Marker, Janelle PNC Teacher, Pioneer 1.0 * 08/13/09 

Melnick, Hanna PNC Teacher, Galarza 1.0 * 08/12/09 

Moyer, Tatiana PNC Teacher, Willow Glen High 1.0 * 08/13/09 

Norton, Jessica PNC Teacher, Lincoln Plus 1.0 * 08/13/09 

Pangelinan, Erik PNC Teacher, San Jose High 0.6 * 08/13/09 

Ulrich, Stephanie PNC Teacher, Hacienda & Reed 1.0 * 08/12/09 

Uman, Emma PNC Teacher, Trace 1.0 * 08/12/09 

Bingham, Julia Prob I Teacher, Burnett 1.0 * 08/13/09 

Burdick, Nicholas Prob I Teacher, Hoover 0.8 * 08/13/09 

Clarke, Gary Prob I Teacher, Leland 1.0 * 08/13/09 

Eckardt, Neil Prob I Teacher, Burnett 1.0 * 08/13/09 

Floyd, Andrea Pfob I Teacher, Leland 1.0 * 08/13/09 

Gianechini, Brandon Prob I Counselor, Carson 0.6 * 08/12/09 

Goldman-Hall, Jason M. Prob I Teacher, Pioneer 1.0 * 08/13/09 

VIII.A.1


ELECTIONS CONT. 

Gomez, Sara Nicole Prob I Teacher, Hoover 1.0 * 08/13/09 

Gonzalez, Alejandro Prob I Teacher, Bachrodt 1.0 * 08/12/09 

Hashizu, Karen Prob I Teacher,Bret Harte 0.4 * 08/13/09 

Justice, Monica Prob I Coach, Curriculum 1.0 * 08/12/09 

Lyons, Carrie Prob I Teacher, Hoover 0.8 * 08/13/09 

Mendoza, Miriam Prob I Teacher, River Glen Middle 1.0 * 08/12/09 

Peters, Jill Prob I School Nurse, Health Services 0.6 * 08/12/09 

Petersen, Amber Prob I Teacher, Hoover 1.0 * 08/13/09 

Pivato, Nicole Prob I Teacher, Willow Glen High 1.0 * 08/13/09 

Rodriguez, Kathy J. Prob I Teacher, Gunderson 1.0 * 08/13/09 

Rovai, Lindsey Prob I Teacher, Willow Glen Middle 1.0 * 08/13/09 

Scholten, Bradley Prob I Teacher, Lincoln 1.0 * 08/13/09 

Shaughnessy, James Prob I Teacher, Leland 1.0 * 08/13/09 

Shieh, John P. Prob I Teacher, Willow Glen High 1.0 * 08/13/09 

Smith, Shelley Prob I Teacher, Gunderson 1.0 * 08/13/09 

Spodick, David Prob I Teacher, Willow Glen High 1.0 * 08/13/09 

Stafford, Susan Beth Prob I Teacher, Pioneer 1.0 * 08/13/09 

Suga, Leigh Prob I Counselor, Castillero 0.5 * 08/13/09 

Vance, Lisa Prob I Teacher, Broadway 1.0 * 08/12/09 

Wise, Michael Prob I Teacher, Lincoln 1.0 * 08/13/09 

Zarghami, Paymon Prob I Teacher, Leland 0.8 * 08/13/09 

Baumann, Noelle Temp SPED Teacher, Hacienda plus 1.0 * 08/12/09 

Los Alamitos 

Birtola, Theresa PNC SPED Teacher, Almaden 1.0 * 08/12/09 

Brandt, Caroline PNC SPED Teacher, Castillero 1.0 * 08/13/09 

Chen, David PNC SPED Teacher, San Jose High 1.0 * 08/20/09 

D’Andrade, Bethany PNC SPED Teacher, Lincoln 1.0 * 08/20/09 

Roth, Rachel Z. PNC SPED Teacher, Leland 1.0 * 08/26/09 

Sax, Adam PNC SPED Teacher, Leland 1.0 * 08/13/09 

Driscoll, Janie Prob I SPED Teacher, Schallenberger 1.0 * 08/12/09 

Graves, Susan Prob I SPED Teacher, Almaden 0.5 * 08/12/09 

Johnson, Peggy Prob I SPED Teacher, Leland 1.0 * 08/13/09 

Kane, Jennifer Lorraine Prob I SPED Teacher, Almaden 0.5 * 08/12/09 

Murray, Jacqueline Prob I SPED Teacher, Bret Harte 1.0 * 08/13/09 

Parker, Tamara Prob I SPED Teacher, Los Alamitos 1.0 * 08/12/09 

Peluso, Angelina Prob I SPED Teacher, San Jose High 1.0 * 08/13/09 

Rapp, Cinda Wert Prob I SPED Teacher, Special Ed. 1.0 * 08/12/09 

Alcaron, Amanda Substitute Teacher *** 08/07/09 

Ausman, Barrett Substitute Teacher *** 08/20/09 

Aviles, W.Steven Substitute Teacher *** 08/13/09 

Bagan, Christine Substitute Teacher *** 08/05/09 

VIII.A.1


ELECTIONS CONT: 

Bateman, Eric Substitute Teacher *** 08/10/09 

Becchina, Melissa Substitute Teacher *** 08/12/09 

Blake, Cassandra Substitute Teacher *** 08/07/09 

Boronda, Robert Substitute Teacher *** 08/17/09 

Bothman, Alexis Substitute Teacher *** 08/10/09 

Bryant, Lindsay Substitute Teacher *** 08/10/09 

Burgess, Julie Substitute Teacher *** 08/25/09 

Chahal, Jasmeer Substitute Teacher *** 08/12/09 

Chari, Sowmini Substitute Teacher *** 08/12/09 

Chau, Truc Substitute Teacher *** 08/17/09 

Chiarmonte, Jean Substitute Teacher *** 08/18/09 

Conley, Wayne Substitute Teacher *** 08/19/09 

Cyester, Sarah Substitute Teacher *** 08/12/09 

Dahl, Barbara Substitute Teacher *** 08/17/09 

DaSilva, Paul Substitute Teacher *** 08/07/09 

Delgatty, Derek Substitute Teacher *** 08/07/09 

Dennis, Duster Substitute Teacher *** 08/07/09 

Drake, Julia Substitute Teacher *** 08/13/09 

Duenas, Alfonso Substitute Teacher *** 08/17/09 

Escalera, John Substitute Teacher *** 08/25/09 

Esquivel, Larry Substitute Teacher *** 08/07/09 

Ghastin, Robert Substitute Teacher *** 08/12/09 

Holcomb, Sarah Substitute Teacher *** 08/25/09 

Holguin, Edward Substitute Teacher *** 08/07/09 

Iyer, Karpagam Substitute Teacher *** 08/10/09 

Jeong, Lori Substitute Teacher *** 08/07/09 

Kapadia, Elizabeth Substitute Teacher *** 08/07/09 

Kaufmann, Michael Substitute Teacher *** 08/20/09 

Kiefer-Greer, Elizabeth Substitute Teacher *** 08/12/09 

King, James Substitute Teacher *** 08/25/09 

Korff, James Substitute Teacher *** 08/10/09 

Kneeshaw, Corey Substitute Teacher *** 08/07/09 

Le, Nicole Substitute Teacher *** 08/25/09 

Leone, Marc Substitute Teacher *** 08/18/09 

Luong, Kiet Substitute Teacher *** 08/19/09 

ELECTIONS-WAIVERS: 

Name Position FTE Salary Effective 

Maslyar, Lauren Driver’s Education Teacher, Pioneer 0.1 * 8/13/09 

VIII.A.1


AMENDMENT: 

Paiva, Sarah: Amend the action taken at the 08/20/2009 Board meeting {regular session} from 1.0 

FTE @ Willow Glen Middle School, to 0.5 FTE @ Willow Glen Middle School and 0.5 FTE @ 

Gunderson High School. 

Thunen, Toni: Amend the action taken at the 08/20/2009 Board meeting {regular session} from 1.0 

FTE to 0.4 FTE. 

* Appropriate step on the 2009-10 Teachers' Salary Schedule 

** Appropriate step on the 2009-10 Psychologists' Salary Schedule 

*** Certificated Substitute rate $125/day 

Prepared by, 

Meagan Azevedo, Manager 

Human Resources – Certificated 

Approed by, 

Sharon Roddick, Director 

Human Resources 

Approved by, 

Don Iglesias 


VIII.A.1





(Board Meeting September 20, 2009) 

SUBJECT: Human Resources, Classified (ACTION) 

REQUESTED ACTION: That the Board of Education approve the following Human Resources, 

Classified actions: 

ELECTIONS: 

Name Position/Location Hrs/Wk Salary Effective 

Burchfield, Mark Bus Driver, Transportation 40 * 08/13/09 

Downs, Betty Clerical Office Asst. II, Carson 20 * 08/14/09 

Edwards, Michalene Library Media Asst., Booksin 20 * 08/20/09 

Flores, Olga Categ. Prog. Asst., II, River Glen 10 * 08/20/09 

Lopez, Ashley Clerical Office Asst. II, WG HS 30 * 08/10/09 

Ortiz, Carmela Clerical Office Asst. I, WG MS 20 * 08/20/09 

AMENDMENTS: 

Song, Michael: 

Effective 

Amend the action taken at the 08/20/09 Board meeting to indicate: 

Plumber Foreman (40 hrs/wk), Maintenance (Extension of Assignment) 01/05/09-09/30/09 

From: Plumber Foreman (40 hrs/wk) 01/05/09-06/0/09 

CHANGE IN STATUS: 


Arroyo, Gerald Custodian I 40 

Plus Night Shift Differential * 08/17/09 

Barragan, Isidro Custodian I 40 


Barraza, Jesus Custodian I 40 


Barrera, Felix Custodian I 40 


Barreras, Miguel Custodian I 40 


Batres, Ben Custodian I 40 


Becerra, Jeff District Property Monitor 40 


Bernal, Norman Custodian I 40 


VIII.A.2




Birtola, Theresa Teacher, Certificated 08/12/09 

From: Spec. Sp. Ed. Autism Para. 30 

Buksh, Rahim Head Custodian I 40 


Burchfield, Mark Bus Driver 40 

Plus Split Shift Differential * 08/13/09 

Plus Mileage Bonus 

Cabello, Max Custodian I 40 


Camarena Jr., Miguel Custodian I 40 


Camarena, Richard Night Relief Custodian 40 


Cardoso, John Truck Driver 40 

Plus Night Shift Differential * 08/10/09 

Carrasco, Carlos Custodian I 40 


Castaneda, Hugo Custodian I 40 


Cavazos, Jill Head Custodian I 40 


Cavazos, Roy District Property Monitor 40 


Chavez, Jose Head Custodian I 40 


Covarrubias, Francisco Head Custodian 2 40 


Cobarrubias, Guadalupe Custodian I 40 


Cuff, Mirtha Custodian I 40 


DeCaires, Karen Bus Driver 40 



Do, Michael Head Custodian I 40 

Plus Night Shift Differential * 07/01/090 

Do, Muoi Head Custodian I 40 


Edwards, Mark District Property Monitor 40 


Enriquez, Manuel Custodian I 40 


VIII.A.2


CHANGE IN STATUS 

Esparza, Jose Head Custodian I 40 


Fuentes, Abraham Head Custodian II 40 


Garcia, Aida Bus Driver 40 



Garcia, Augustin Custodian I 40 


Garcia, Sandra Bus Driver 40 



Gracia, Rafael Bus Driver 40 



Guillen, Victor Custodian I 40 


Han, Johnson Bus Driver 40 



Hernandez, Miguel Custodian I 40 


Herrera, Demecio Custodian I 40 


Herrera, Juan Custodian I 40 


Herrera, Maria Custodian I 40 


Highfill, Dennis Bus Driver 40 



Hill, Tom Custodian I 40 


Jauregui, Gerardo Head Custodian I 40 


Jauregui, Reynaldo Head Custodian II 40 


Jimenez, Gabriel Custodian I 40 


From: Unpaid Leave of Absence 

Jimenez, Jacob District Property Monitor 40 


Kelaata, Yohannes Custodian I 40 


VIII.A.2

Board Agenda Backup - September 10, 2009 Page 10 



Leyva, Elvira Bus Driver 40 



Livingston, Ervin Bus Driver 40 



Lopez, Carlo Spec. Sp. Ed. Autism Para., Canoas 30 * 08/17/09 

From: Unpaid Leave of Absence 

Lopez, Crisanto Custodian I 40 


Lopez Millen, Francisco Head Custodian I 40 


Magnuson, Allison Bus Driver 40 



Marin, Hector Truck Driver 40 

Plus Night Shift Differential * 08/10/09 

Marquez, Elias Custodian I 40 


Martinez, Gerardo Head Custodian II 40 


Martinez, Gilberto Night Relief Custodian 40 


Medina, Fausto Custodian II 40 


Mendoza, Esteban Bus Driver 40 



Merke, Zerezege Custodian I 40 


Mestas, Jesus Custodian I 40 


Mohr, Veronica Custodian I 40 


Moreno, Iber Custodian I 40 


Morfin, Socorro Custodian I 40 


Muhic, Christian District Property Monitor 40 


Ngo, Tan Custodian I 40 


VIII.A.2




Nguyen, Phat Custodian I 40 


Nunes, John Custodian I 40 


Oliver, Cathleen Bus Driver 40 



Oropeza, Jose Custodian I 40 


Padilla, Aristeo Custodian I 40 


Palominos, Jaime F. Custodian I 40 


Palominos, Joe Head Custodian I 40 


Perez, Victor Custodian I 40 


Presas, Vicente Custodian I 40 


Pulido, Jesus Custodian I 40 


Ramirez, Brian Custodian I 40 


Ramos, Javier Head Custodian I 40 


Ramos, Robert Custodian I 40 


Rivas Salinas, Alondra Custodian I 40 


Rodriguez, Abraham Custodian I 40 


Rosie, Robert Head Custodian II 40 


Salvotti, Holly Bus Driver 40 



Sandoval, Rafael Custodian I 40 


Sanchez, Jose Head Custodian I 40 


Sanchez, Jose O. Custodian I 40 


VIII.A.2




Silva, Juan Custodian I 40 


Soria, Ramon Custodian I 40 


Tang, Sam Head Custodian I 40 


Toledo, Ruben Custodian I 40 


Torres, Juan Custodian I 40 


Torres, Marcelino Custodian I 40 


Tran, Anh Custodian I 40 


Tran, Tuan Custodian I 40 


Trejo, Gilbert Custodian I 40 


Valdez, Victor Custodian I 40 


Villarreal, Karla Bus Driver 40 



Washington, Wilford Bus Driver 40 



Wright, Elizabeth Bus Driver 40 



Young, Erin Bus Driver 40 



Zegal, Mengisteab Custodian I 40 


Zerai, Tesfai District Property Monitor 40 


RECLASSIFICATIONS: 


Arellano, Emilio Library Media Asst., Washington 20 * 08/21/09 

Plus Technology Serv. Coord. I 20 * 

From: Library Media Asst. 30 08/17/09-08/20/09 

VIII.A.2


RECLASSIFICATIONS (continued): 

Barba, Elena Paraprofessional Elem., River Glen 15 * 08/17/09 

From: Layoff Paraprofessional Elem. 30 

Cantu, Rosie I.A. Special Ed. II, Reed 15 * 08/17/09 

From: I.A. Special Ed II 30 

Cervantes, Marisa Elementary Tutor, Grant 15 * 08/17/09 

From: Layoff Elementary Tutor 20 

Chang, Jiunn Clerical Office Asst. II, Hacienda 40 * 08/10/09 

From: Clerical Office Asst. II 20 

Contreras, Anita Parent/Comm. Liaison, Ext.Prog. 40 * 08/17/09 

From: Staff Secretary II 40 

Costa, Connie I.A. Elementary, Grant. 30 * 08/17/09 

From: I.A. Special Ed. II 30 

Galvan, Joann Licensed Vocational Nurse, Trace 30 * 08/17/09 

From: Licensed Vocational Nurse 20 

Galvan, Martha Paraprofessional Elem., River Glen 15 * 08/17/09 


Guerrero-Morales, 

Marisa Paraprofessional Elem., H. Mann 30 * 08/17/09 


Hall, Jim Technology Serv. Coord I, 

Schallenberger 40 * 08/31/09 

From: Technology Serv. Coord. I 20 

Iriondo, Laura Elementary Tutor, Grant 15 * 08/19/09 

From: Layoff Elementary Tutor 23 

Jimenez, Maria Paraprofessional Elem., Washington 30 * 08/17/09 

From: Layoff Paraprofessional Elem. 12.5 

Lorenzo Martinez, 

Anette I.A. Special Ed. I, Gardner 30 * 08/17/09 

From: Paraprofessional Sec. 22 

Martinez, Victoria Campus Assistant, Hoover 40 * 08/17/09 

From: Campus Assistant 30 

Mattos, Karen School Attendance Tech., WG MS 40 * 08/11/09 

From: Health Aide/Clerk 29 

Morales, Patrick Campus Assistant, Hoover 40 * 08/17/09 

From: Campus Assistant 30 

Pereira, Rosa Paraprofessional/Elem., Olinder 20 08/17/09 

Plus Paraprofessional Elem. 10 * 

From: Paraprofessional/Elem. 20 

SHORT TERM LIMITED SERVICES: 


Anderson, Rosemary Health Aide/Clerk, Simonds 29 

Plus P.T. Playground 8.5 * 08/17/09-06/03/10 

From: Health Aide/Clerk 29 VIII.A.2


SHORT TERM LIMITED SERVICES (continued): 

Caballero, Veronica Spec. Sp. Ed. Autism Para., Canoas 30 

Plus P. T. Playground 5 * 08/17/09-06/03/10 

From: Specialized Sp. Ed. Autism Para. 30 

Cavallaro, Alayna Office Tech. II, Student Nutrition 30 * 07/01/09-08/16/09 

From: Office Tech. II 40 

Chan, Wang I.A. Special Ed. II, Hacienda 30 


Plus Bus Site Supervision 2.5 * 08/18/09-06/03/10 


Fielder, Jackie I.A. Special Ed. II 30 



Garcia, Paul I.A. Special Ed. I 30 

Plus Bus Site Supervision 5 * 08/17/09-06/03/10 

From: I.A. Special Ed. I 30 

Goehring, Anna I.A. Elementary, Empire Gardens 10 



From: I.A. Elementary 10 

Gonzalez, Yoana Spec. Sp. Ed. Autism Para., Canoas 30 



Guerrero, Winifred I.A. Elementary, Hammer 20 

Plus P.T. Playground 5 * 08/17/09-06/03/10 

Plus Bus Site Supervision 10 * 08/17/09-06/03/10 

From: I.A. Elementary 20 

Hall, Jim Tech. Serv. Coord. I, Schallenberger 20 

Plus Tech. Serv. Coord. I, Williams 20 * 08/10/09-08/28/09 

From: Technology Serv. Coord. I 20 

Jaime, Cecilia I.A. Special Ed. I, Lowell 30 



Larios, Juanita Prog. Asst./Primary Lang., Olinder 30 


From: Prog. Asst./Primary Lang. 30 

Lin, Ya-Ying Spec. Sp. Ed. Autism Para., Canoas 30 



Lozano, Margarita Café. Asst. Lead, Student Nutrition 25 * 08/13/09-09/30/09 

From: Student Nutrition Serv. Asst. II 20 

Luna, Socorro S.N.S. Asst. II, Student Nutrition 32.5 


From: Student Nutrition Serv. Asst. II 32.5 

Martinez, Gilberto Head Custodian I, Operations 40 * 07/21/09-09/11/09 

From: Night Relief Custodian 40 VIII.A.2


SHORT TERM LIMITED SERVICES: (continued) 


Medrano, Yvonne I.A. Special Ed. II, Hacienda 30 



Nicholson, Lamont Spec. Sp. Ed. Autism Para., Canoas 30 



Palma, Josefa Spec. Sp. Ed. Autism Para., Terrell 30 



Perez, Maria Prog. Asst./Primary Lang., Lowell 30 

Plus P.T. Playground 10 * 08/17/09-06/03/10 

From: Prog. Asst./Primary Lang 30 

Stone, Joann Student Body Acct. Clerk I, Burnett 15 

Plus Clerical Office Asst. II 25 * 08/10/09-10/30/09 

From: Student Body Acct. Clerk I 15 

Ventura, Eva I.A. Special Ed. I, Simonds 30 


Plus Bus Site Supervision 2.5 


* Appropriate Step on the 2009-2010 AFSCME/CSEA/TRADES Employees Salary Schedules 

RETIREMENT: 


Caceres, Anna Paraprofessional Sec., J. Muir 30 * 06/12/09 

Nhan, Chuong Student Nutri. Serv. Asst. II, Hoover 20 * 06/12/09 

Prepared by, Approved by, 

Nikki Washington, Manager Sharon Roddick, Director 

Human Resources – Classified Human Resources 

Approved by, 

Don Iglesias 


VIII.A.2






SUBJECT: Short-term Limited Services Agreements (ACTION) 

REQUESTED ACTION: That the Board of Education approve the following Short-term Limited 

Services Agreements for $25,000 or less as specified. 

Name Service Provided Amount Funding/Loc Effective 

1 Alcaraz, Elvira Provide baby-sitting during $350 061 LEP/ 7/1/09-6/3/10 

DELAC meetings 

Bilingual 

2 Arroyo, Angelica Yard supervision $2,160 031 Yard Duty/ 

River Glen 

3 Bateh, Ferial Bus site supervision $720 032 TIIG 

Flexibility/ 

Terrell 

4 Bokelmann, Janis Yard supervision $900 031 Yard Duty/ 

Los Alamitos 

5 Brennan, Maria Yard supervision $2,160 031 Yard Duty/ 

River Glen 

6 Causor, Albina Assist with prep for classes, 

workshops, orientations, 

college fairs, annual 

conferences 

$3,000 032 TIIG 

Flexibility/ 

Parent Ed 

7 Crowe, Jayne Yard supervision $2,160 031 Yard Duty/ 

Los Alamitos 

8 Cuevas, Yury Baby-sit for parents 

attending evening classes or 

meetings for EL, SSC, PTA 

$1,500 061 LEP/ 

Olinder 

9 Cuevas, Yury Yard supervision $600 031 Yard Duty/ 

Olinder 

10 Espinoza, Dania Provide baby-sitting to 

parenting classes 

$1,000 032 TIIG 

Flexibility/ 

Parent Ed 

8/17/09-6/3/10 









VIII.A.3


11 Espinoza, Maribel Provide baby-sitting during 

DELAC meetings 

$350 061 LEP/ 

Bilingual 

12 Fernandez, Olivia Yard supervision $2,200 031 Yard Duty/ 

Canoas 

13 Figueroa, Reina Baby-sit for parents 



$1,000 061 LEP/ 

Olinder 

14 Fisher, William Yard supervision $750 031 Yard Duty/ 

Reed 

15 Franciotti, Darlene Yard supervision $2,160 031 Yard Duty/ 

Los Alamitos 

16 Gonzalez, Delta Assist with prep for classes, 



conferences 

17 Gonzalez, Delta Provide baby-sitting 

services for parenting 

classes 

18 Guerrero, Angelica Baby-sit for parents 



$500 032 TIIG 

Flexibility/ 

Parent Ed 

$500 032 TIIG 

Flexibility/ 

Parent Ed 

$1,500 061 LEP/ 

Olinder 

19 Hernandez, Judy Bus site supervision $1,440 032 TIIG 

Flexibility/ 

WGE 

20 Hogan, Carol Yard supervision $4,300 031 Yard Duty/ 

Los Alamitos 

21 Jimenez, Rosa Assist with prep for classes, 



conferences 

22 Jimenez, Rosa Provide baby-sitting for 

parenting classes 

$2,000 032 TIIG 

Flexibility/ 

Parent Ed 

$1,000 032 TIIG 

Flexibility/ 

Parent Ed 

23 Joffe, Lisa Yard supervision $2,400 031 Yard Duty/ 

Schallenberger 

24 Koleszar, Debbie Yard supervision $5,040 031 Yard Duty/ 

Booksin 

25 Luna, Cristina Yard supervision $1,600 031 Yard Duty/ 

River Glen 
















VIII.A.3


26 MacNair, Cecilia Yard supervision $3,000 031 Yard Duty/ 

Olinder 

27 MacNair, Cecilia Baby-sit for parent 

meetings, English classes 

and parenting classes 

$1,000 061 LEP/ 

Olinder 

28 MacPherson, Sonia Bus site supervision $1,800 032 TIIG 

Flexibility/ 

Graystone 

29 Martinez, Dena Yard supervision $1,600 031 Yard Duty/ 

Carson 

30 Mejia, Maria Bus site supervision $720 032 TIIG 

Flexibility/ 

Terrell 

31 Mendieta, Anna Provide job coaching per 

student IEP, document and 

maintain records 

$14,000 062 

WorkAbility/ 

Special Ed 

32 Miranda, Carmen Yard supervision $1,600 031 Yard Duty/ 

River Glen 

33 Palacio, Beatriz Yard supervision $1,600 031 Yard Duty/ 

River Glen 

34 Perez, Alice Yard supervision $3,000 031 Yard Duty/ 

Olinder 

35 Perez, Lorraine Yard supervision $350 031 Yard Duty/ 

Grant 

36 Ramirez, Maria Baby-sit to support parent 

involvement including ESL 

$250 061 Title I/ 

Washington 

37 Ramirez, Maria Yard supervision $250 031 Yard Duty/ 

Washington 

38 Rosales, Sandra Yard supervision $5,049 031 Yard Duty/ 

Bachrodt 

39 Torres de Reyes, 

Dina 

Provide parent training in 

being involved in child's 

education 

40 Trejo, Irma Provide computer class 

instruction to parents at 

school sites and the District 

Office 

$2,000 032 TIIG 

Flexibility/ 

Parent Ed 

$3,000 032 TIIG 

Flexibility/ 

Parent Ed 

41 Ulloa, Silvia Yard supervision $5,049 031 Yard Duty/ 

Bachrodt 

















VIII.A.3


42 Valenzuela, 

Angelita 

43 Vallin Cruz, 

Catarino 

Assist in District Records 

Retention process, sort, file, 

scan 

Provide parent training in 

being involved in child's 

education 

$6,000 031 General/ 

Student Services 

$1,000 032 TIIG 

Flexibility/ 

Parent Ed 

44 Vazquez, Olivia Yard supervision $250 031 Yard Duty/ 

Washington 

45 Vazquez, Olivia Baby-sit to support parent 

involvement including ESL 

$250 061 Title I/ 

Washington 

46 Wach, Lynne Yard supervision $1,440 031 Yard Duty/ 

Los Alamitos 

Prepared by, 

Nikki Washington, Manager 

Human Resources/Classified 

Approved by, 



Approved by, 

Don Iglesias 







VIII.A.3






SUBJECT: Non-Regular Hourly Employment Agreements $25,000 or less 

(ACTION) 

RECOMMENDATION: That the Board of Education approve the following Non-Regular Hourly 

Employment Agreements for $25,000 or less as specified. 

Name Service Provided Amount Funding/Location 

1 Blumenthal, Aaron Coach students for speech and 

debate competition 

2 Doak, Darlene Coordinate and administer 

GATE testing of elementary 

school students 

$10,000 061 ASB/ 

Leland 

$21,000 061 SFSF/ 

GATE Office 

3 Flores, Nico Mentoring of new principals $1,000 061 SFSF/ 

Instructional 

Services 

4 Gernreich, Oreen Mentor and coach secondary 

principals 

5 Gomez, Vincent Provide additional string 

technique to large orchestra 

program of students in both 

Spanish and English 

$10,000 032 TIIG Flexibility/ 

Instructional 

Services 

$6,000 032 Site Flexibility/ 

Trace/Hoover/ 

Lincoln/SJHA 

6 Gonzalez, Martha Administer CELDT testing $4,240 032 Site Flexibility/ 

Empire Gardens 

7 Knowles, Ryan Coach students for speech and 


8 Lin, Edward Coach students for speech and 



Leland 

$8,000 061 ASB/ 

Leland 

VIII.C


9 Mangan, Kathleen Work with students on topic 

selection, prep of speeches and 

delivery techniques for speech 

and debate competition 

10 McGinnis, Barbara Review scheduling and correct 

placement of EL students 

11 Nelson, Lydia Coach students for speech and 


12 Odesho, Tania Coach students for speech and 


13 Rao, Akshay Coach students for speech and 


14 Russell, John Provide additional brass 

technique instruction to 

students 

15 Sokol, Delia Contact elementary schools, 

administer GATE testing and 

organize answer sheets 

16 Surratt, Josette Coach students for speech and 


17 Syed, Shahid Coach students for speech and 


18 Syed, Wahid Coach students for speech and 


19 Tavakoli, Natasha Coach students for speech and 


20 Teel, Claire Coach students for speech and 


21 Tibaldi, Candice Process reassignment letter for 

teachers due to staff reduction 

of teachers 

22 Wardner, Chris Coach students for speech and 


23 Winters, Suzette Provide Home Study support 

to K-9 students and their 

families 


Leland 

$3,500 061 LEP/ 

SJHA 

$6,000 061 ASB/ 

Leland 

$8,000 061 ASB/ 

Leland 

$6,500 061 ASB/ 

Leland 

$6,000 032 TIIG Flexibility/ 

Lincoln/Hoover 

$21,000 061 SFSF/ 

GATE Office 

$8,000 061 ASB/ 

Leland 

$8,000 061 ASB/ 

Leland 

$8,000 061 ASB/ 

Leland 

$8,000 061 ASB/ 

Leland 

$8,000 061 ASB/ 

Leland 

$1,500 031 General/ 


$12,000 061 ASB/ 

Leland 

$24,000 031 General/ 

Learning Options 

VIII.C


24 Zisch, Rosaleen Work with MS and HS Social 

Science teachers on 

implementation of pacing 

guides and benchmark 

assessments 

Prepared by, 

Paula V. Warren, Manager 

Human Resources - Benefits and Operations 

Recommended for approval by, 



Approved by, 

Don Iglesias 


$5,000 031 General/ 

Curriculum 

VIII.C






SUBJECT: Approval of Field Trips (ACTION) 

REQUESTED ACTION: That the Board of Education approve the field trips as 

specified for elementary and secondary students during the 

2008-09 school years. 

BACKGROUND: This list only includes field trips which require Board approval, 

i.e., trips that are more than 100 miles away and/or are 

overnight, regardless of distance. Administrative procedures 

will be followed for these trips. 

Prepared by, 

Chris D. Funk, Assistant Superintendent 

Division of Instruction 

VIII.D.1



DIVISION OF INSTRUCTION 

FIELD TRIP REQUESTS 

BOARD MEETING: September 10, 2009 

School Destination/Date Purpose/Funding Source 

Lincoln – Convertibles/Cheer 

48 students - 10 adults 

Lincoln – Convertibles/Cheer 

20 students – 6 adults 

Lincoln – Music Department 

130 students – 15 adults 

Anaheim 

3-25/29-10 

Airplane/Bus 

Granite Bay 

2-6-10 

Private Vehicle 

Seattle, WA 

4-15/18-10 

Airplane/Bus 

Dance/Cheer Tournament 

Booster/Fundraisers 

Tournament 

Booster Club 

Music Tour 

Booster/Student 

Work will be made up as necessary; (2) **(10 outdoor science teachers/20 counselors); (3) ***In accordance with the Field Trip Procedure 

benefit language approved at the March 27, 2003, Board meeting. Effective 4-30-03 Homeland Security - Advisory Level "yellow" - field 

trips resume to "normal" process. Every student participating will be able to attend. 

VIII.D.1






SUBJECT: Approval of Grant Application to Hitachi Data Systems (ACTION) 

REQUESTED ACTION: That the Board of Education approve a grant application to the Hitachi 

Data Systems, Community Action Committee in the amount of $5,000 to 

assist with the cost of Science Camp for fifth grade students at Lowell 

Elementary during the 2009-2010 school year. 

BACKGROUND: The grant is written to provide Lowell fifth grade students from lowincome 

families the opportunity to participate in Science Camp. This 

grant will foster our site science goal that students participate in a program 

that is balanced among the three branches of science: earth, life and 

physical. 

Prepared by, 

Jodi Lax, Principal 

Lowell Elementary 

Approved by, 

Norma Martinez-Palmer, Director 

K-5 Educational Services 

Approved by, 



VIII.D.2




June 22, 2009 


SUBJECT: Master Contract with Tucci Learning Solutions, Inc. [NPA] 

(ACTION) 

REQUESTED ACTION: That the Board of Education approve a Master Contract with Tucci 

Learning Solutions, Inc. in an amount not to exceed $25,000.00 for 

educational services provided to special education students during 

the 2009-10 school year. 

BACKGROUND: The District contracts with Tucci Learning Solutions, Inc. to 

provide Applied Behavior Analysis assessments to special 

education students according to their IEPs. Services to be 

provided per San Jose Unified School District academic school 

year. 

BUDGET SOURCE: Special Education [Fund 062] 

Prepared by, 

Michele Syth, Director 

Special Education 

Approved by, 



VIII.D.3






SUBJECT: Master Contract with Allison Zevallos, Applied Behavior Therapist 

[NPA] (ACTION) 

REQUESTED ACTION: That the Board of Education approve a Master Contract with Allison 

Zevallos, Applied Behavior Therapist in an amount not to exceed 

$50,775.00 for educational services provided to special education students 

during the 2009-10 school year. 

BACKGROUND: The District contracts with Allison Zevallos, Applied Behavior Therapist 

to provide Applied Behavior therapy, consultation and one to one aide 

services to a special education student who has this service identified on 

his IEP. Services to be provided per San Jose Unified School District 

academic school year. 


Prepared by, 



Approved by, 



VIII.D.4






SUBJECT Independent Contractor Agreement with EdEquity Inc. 

(ACTION) 

REQUESTED ACTION: That the Board of Education approve the Independent Contractor 

Agreement with EdEquity Inc. in an amount not to exceed $62,000 

to provide leadership support during the 2009-10 school year. 

BACKGROUND: EdEquity Inc. will provide leadership support for: (1) middle 

school reform; (2) District and school site leadership training; (3) 

middle school principal cluster support and classroom walk 

through; (4) District level middle school design/planning; and (5) 

developing leading site level equity teams. 

BUDGET SOURCE: TIIG Flexibility [Fund 032] 

Prepared by, 

Yvette Irving, Director 

Curriculum and Instruction 

Approved by, 



VIII.D.5






SUBJECT: Master Contract with Merrie Beth Benson [NPA] (ACTION) 

REQUESTED ACTION: That the Board of Education approve a Master Contract with Merrie 

Beth Benson, Speech-Language Pathologist in an amount not to 

exceed $82,000.00 for educational services provided to special 

education students during the 2009-10 school year. 

BACKGROUND: The District contracts with Merrie Beth Benson Speech-Language 

Pathologist to provide speech and language therapy services to 

special education students while speech vacancies exist. San Jose 

Unified School District’s Special Education Department has the 

responsibility to provide speech and language services for students 

who have this service identified on their Individualized Education 

Program (IEP). Currently, there are numerous Speech and Language 

Pathologist vacancies. Services to be provided per San Jose Unified 

School District academic school year. 


Prepared by, 



Approved by, 



VIII.D.6




August 10, 2009 


SUBJECT: Independent Contractor Agreement with Continuing Development, 

Inc. (ACTION) 

REQUESTED ACTION: That the Board of Education approve an Independent Contractor 

Agreement with Continuing Development, Inc. in an amount of 

$206,530 ($207,663 less indirect cost) to provide continuing school-age 

general child care for the Early Education Department under Contract 

Agreement CCTR-9331 at Anne Darling Elementary during the 2009- 

10 school year. 

BACKGROUND: This contract with Continuing Development, Inc. is to provide schoolage 

before and after school child care services at Anne Darling 

Elementary School per a continuing California Department of 

Education Child Development Division Contract, Agreement CCTR- 

9331. This contract is the most cost-effective means of ensuring the 

provision of school-age child care services as required by the state 

contract (reference Board approved Resolution 2010-07-23-02 on July 

23, 2009). Contract reimbursement is not to exceed the CCTR-9331 

contract MRA amount less indirect costs. 

BUDGET SOURCE: Child Development Fund [Fund 121] 

Prepared by, 

Catalina B. Milligan, Manager 

Early Education 

Approved by, 

Norma Martinez-Palmer, Ed.D., Director 

Elementary Education 

Approved by, 


Division of Instruction VIII.D.7






SUBJECT: Amendment to Three-Year Independent Contractor Agreement 

with The SPARK Programs (ACTION) 

REQUESTED ACTION: That the Board of Education amend the Three-Year Independent 

Contractor Agreement with The SPARK Programs to an amount of 

$236,610 rather than the one year amount of $39,800 to include 

P.E. professional development trainings, professional development 

materials, and travel expenses during the entire three-year grant 

period of 2008-09, 2009-10, and 2010-11 school years. 

BACKGROUND: The Board approved the original contract with the SPARK 

Programs on November 20, 2008 to provide professional 

development, coaching, and consulting services to District staff for 

a one-year period to meet the requirements of the Carol White 

Physical Education Program (PEP) Grant. This amendment will 

cover the professional development materials and travel expenses 

incurred for the trainings during the entire three-year grant period. 

BUDGET SOURCE: PEP Grant [Fund 061] 

Prepared by, 

Shirley Bell, Manager 

Professional Development/BTSA 

Approved by, 


Curriculum 

Approved by, 


Division of Instruction VIII.D.8






SUBJECT: Master Contract with Tucci Learning Solutions, Inc. 

[NPA] (ACTION) 

REQUESTED ACTION: That the Board of Education approve a Master Contract with 

Tucci Learning Solutions, Inc. in an amount not to exceed 

$250,000.00 for educational services provided to special 

education students during the 2009-10 school year. 

BACKGROUND: The District contracts with Tucci Learning Solutions, Inc. to 

provide Applied Behavior Analysis therapy to special 

education students according to their IEPs. Services to be 

provided per San Jose Unified School District academic 

school year. 


Prepared by, 



Approved by, 



VIII.D.9






SUBJECT: Independent Contractor Agreement with Hearing 

Conservation West (ACTION) 

REQUESTED ACTION: That the Board of Education approve the Independent Contractor 

Agreement with Hearing Conservation West (HCW) in an amount 

not to exceed $26,000.00 to provide mandated audiometric 

services during the 2009-10 school year. 

BACKGROUND: The Health and Safety and Education Codes require that students 

in kindergarten or first, second, fifth and eight grades receive a 

hearing test to ensure that they do not have a hearing loss that 

would prevent them from learning. 

Hearing Conservation West will screen students in the mandated 

grade levels at a cost of $1.00 per student tested plus $465.00 per 

full test day per school site plus $. 52/mile from SJUSD corporate 

yard to our school sites and back to the corporate yard. The 

services will include: basic screening, retesting, reporting and 

consultation plus further diagnostic services upon request. The 

School Nurse will do referral and follow-up of identified losses. 

BUDGET SOURCE: Unrestricted General [Fund 031] 

Prepared by, 

Melinda Landau, Manager 

Health Services 

Approved by, 

Don McCloskey, Director 


Approved by, 

William J. Erlendson, Ph.D., Assistant Superintendent 

Educational Accountability and Community Development 

VIII.E.1




July 20, 2009 


SUBJECT: Independent Contractor Agreement with Bay Area After-School 

All-Stars (ACTION) 


Agreement with Bay Area After School All-Stars in an amount not 

to exceed $51,960.84 to manage the San Jose After School 

Educational and Safety (ASES) programs during the 2009-10 school 

year. 

BACKGROUND: San Jose Unified School District, in collaboration with Catholic 

Charities, the City of San Jose – PRNS, YMCA of Santa Clara 

Valley and YWCA of Silicon Valley, will provide Homework 

Centers, enrichment, sports/recreation and service learning. 

Teachers and trained staff help children with homework, tutor them 

in various academic subjects and provide guidance in areas where 

assistance is needed. Specific educational programs include 

technology-related curriculum, literacy, science, mathematics and 

English as a Second Language. The Bay Area After School All- 

Stars will serve as the Program Manager, providing grant evaluation, 

district-wide coordination and State compliance and reporting. 

BUDGET SOURCE: California Department of Education After School Education and 

Safety (ASES) Grant [061] 

Prepared by, 

Karen Fuqua, Manager 

Public Relations and Community Development 

Approved by, 


Educational Accountability/Community Development 

VIII.E.2





Board Meeting August 20, 2009 

SUBJECT: Independent Contractor Agreement with Hon Dang DBA 

Superior Image (ACTION) 

REQUESTED ACTION: That the Board of Education award an Independent Contractor 

Agreement to Hon Dang DBA Superior Image in an amount not to 

exceed $25,200.00 for the services of washing and waxing school 

buses during the 2009-10 school year. 

BACKGROUND: An agreement for professional services is requested for the 

washing and waxing of San Jose Unified School District school 

buses. Hon Dang DBA Superior Image will come to the Corp 

Yard to power wash and wax the school buses during the offseason 

for $220 per bus. In addition, they will wash each bus on a 

bi-weekly basis during the school year for $20 per bus. 

BUDGET SOURCE: Transportation [Fund 063] 

Prepared by, 

Rose Bedard, Director 

Auxiliary Services 

Reviewed by, 

Pat Day, Director 

Operations, Purchasing and Contract Management 

Approved by, 



VIII.F.1






SUBJECT: Independent Contractor Agreement with Barlow Hatch (ACTION) 


Agreement with Barlow Hatch in an amount not to exceed $30,000 to 

repair and maintain all cafeteria refrigerators located at the school sites 

during the 2009-10 school year. 

BACKGROUND: Barlow Hatch will be repairing and maintaining all cafeteria refrigerators 

for Student Nutrition Services. 

BUDGET SOURCE: Student Nutrition Service [Fund 131] 

Prepared by, 

Karen Stone, Administrator 

Budget and Accounting 

Reviewed by, 

Rosemarie Pottage, Director 

Fiscal Services 

Approved by, 



VIII.F.2




July 16, 2008 

(Board Meeting August 21, 2008) 

SUBJECT: Independent Contractor Agreement with Photo Waste 

Recycling, Inc. (ACTION) 


Agreement with Photo Waste Recycling, Inc. in an amount not to 

exceed $42,000 to dispose of hazardous waste materials during 

the 2009-10 school year. 

BACKGROUND: Photo Waste Recycling Company, Inc. will pack, transport, 

remove, and dispose of hazardous waste materials from all sites 

and departments. 

BUDGET SOURCE: Hazardous Substances [Fund 031] 

Prepared by, 



Approved by, 



VIII.F.3






SUBJECT: Three-Year Independent Contractor Agreement with 

MetroMobile Communications (ACTION) 

REQUESTED ACTION: That the Board of Education approve a Three-Year Independent 

Contractor Agreement with MetroMobile Communications in an 

amount not to exceed $67,500 to maintain and supply two-way 

radios, and emergency radio systems, and repeaters during the 

2009-10, 2010-11 and 2011-12 school years. 

BACKGROUND: MetroMobile Communications will be responsible for two-way 

radios, emergency radios systems, and repeaters for all SJUSD 

departments and sites. They will repair, supply, troubleshoot, and 

pick-up/deliver radios as needed. 

BUDGET SOURCE: Transportation [Fund 063] 

Prepared by, 



Approved by, 



VIII.F.4





Board Meeting September 10, 2009 

SUBJECT: Purchase of New Furniture from Virco, Inc. (ACTION) 

REQUESTED ACTION: That the Board of Education approve the purchase of new furniture 

by piggy-backing on the U.S. Communities Contract #910481 

pricing effective until December 31, 2010. Master Agreement No. 

0204011 with Virco, Inc. in the amount of $67,734.45, for new 

teacher classroom set-ups, adding a new student to a classroom, or 

replacements for damaged or broken furniture during the 2009- 

2010 school year. 

BACKGROUND: New classroom furniture is being delivered and installed for use by 

students and staff. 


Prepared by, 

Lalo Sarabia, Manager 

Operations and Grounds 

Approved by, 

Patrick Day, Director 

Maintenance, Operations, Purchasing and Contract Management 

Approved by, 


Administrative Services VIII.F.5






SUBJECT: Student Body Funds (ACTION) 

REQUESTED ACTION: That the Board of Education authorize the following school personnel 

to make expenditures of student body funds within the policies and 

regulations established by Education Code 42632 and the San José 

Unified School District for the fiscal year 2009-10. 

ELEMENTARY SCHOOLS: 

ALLEN@Steinbeck ALMADEN BACHRODT BOOKSIN 

Melinda Waller Enrique Pin Lupe Mendoza-Ramirez Cyndi Maijala 

Carlos Acosta Towana J. Lopez John Gutierrez Madeline Yaussi 

Janie Ng Rosemarie Pottage Olga Garcia Cheryl Grow 

Rosemarie Pottage Rosemarie Pottage Rosemarie Pottage 

CANOAS CARSON ANNE DARLING EMPIRE GARDENS 

Vinh-An Nguyen Elizabeth Doss Patsy Storie Annabelle Kloezeman 

David Manske (Betsy) Barbara Pinkham Julie Romeo 

Margarita Harden Corinne Murdock Julie Ramirez Rosemarie Pottage 


GALARZA GARDNER GRANT GRAYSTONE 

Susana Paredes Janis Hubbs Cecilia Barrie Priscilla Spencer 

Art Gonzalez Concepcion DeTagle Ana Maria Palacios Rita Maczka 

Diana Muzyka Leslie Pickering Rosemarie Pottage Anacelia Rocha 


HACIENDA HAMMER LOS ALAMITOS LOWELL 

Melissa Mohamed Susana Paredes Shyril McGuiness Jodi Lax 

Melissa Nakamura Art Gonzalez Linda Opp Veronica Jaimes 

Rosemarie Pottage Diana Muzyka Patti Sparks Rosemarie Pottage 

Rosemarie Pottage Rosemarie Pottage 

HORACE MANN OLINDER REED RIVER GLEN 

Juan Correa Terry Russell Barbara (Bonnie) Thurston Mildred Arellano 

Jamie Martinez Barbara Silva Ann Quinnell Virginia Ortiz 

Evita Anaya Rosemarie Pottage Rosemarie Pottage Bertha Perez 


SCHALLENBERGER SIMONDS TERRELL TRACE 

Angelic Ruiz Janice Samuels Lynn Hyssop Mary Martinez 

Valerie Hayes Susann Marie Naish Nancy Bautista Natalie Rusconi 

Leslie Woody Yu-kun Shan Rosemarie Pottage Rosemarie Pottage 


VIII.F.6


ELEMENTARY SCHOOLS (continued): 

WASHINGTON WILLIAMS WILLOW GLEN 

Maria Evans Karen Heverling Al Rosell 

Leticia Vazquez Joanna McGrady Jenelle Morella 

Samantha Araiza Anita Giluso Charleen Weber 

Lourdes Barreras Rosemarie Pottage Rosemarie Pottage 

Rosemarie Pottage 

MIDDLE SCHOOLS: 

BURNETT CASTILLERO BRET HARTE HOOVER 

Lisa Aguerria-Lewis Katrina Johnson Dominic Bejarano Suzanne Barbarasch 

Kristin Luz Tim Gavello Michelle Reghitto Emalie McGinnis 

Corrine Buich Tanya Killin Belinda Anstey Joe Reghitto 

Joann Stone Debby Burggraff Sylvia Orlowicz Rosemarie Pottage 


JOHN MUIR RIVER GLEN WILLOW GLEN MID 

Gloria Marchant Mildred Arellano Mark Molina 

Giovanni Bui Virginia Ortiz Thomas Rousseau 

Ryan Chamberlin Bertha Perez Margarita Cuevas 

Jen Long Bauer Rosemarie Pottage Angelica Yates 

Lisa Atencio Debra Caslegno 


HIGH SCHOOLS: 

BROADWAY GUNDERSON LELAND LINCOLN 

Stephanie Ogden Cary Catching Liz Chamberlin Jackie Zeller 

Lynn Frease Nabil Shahin Dr. Robert Perez Kris Kimura 

Mary Regalado Jeannette Harding Victoria Kim Phil Roark 

Rosemarie Pottage Paul Yllana Dorothy Kennedy Cassandra Ravenscroft 

Lakisha Persons Daryk Tenorio Rosemarie Pottage 

Rosemarie Pottage Patti Young 


PIONEER SJHA WGHS 

Susan Walker Tom Scheid Shannon C Mcgee 

Lauren Maslyar Linda Lima Tina VanLaarhoven 

Deborah Richardson Christina Castro Alfonso Gallegos 

Brian Thompson Rosemarie Pottage Melissa Foster 

Adam Stickles Mary J Grunthaner 

Carol Holtkamp Debra Casalegno 

Julie Madrigal Rosemarie Pottage 


BACKGROUND: Since the Education Code 42632 places the responsibility for the 

expenditures of all funds, including student body funds, on the Board of 

Education, it is necessary that the Board of Education designate persons 

who are authorized to make these expenditures. 


Rosemarie Pottage Ann Jones, Chief Business Officer 

Director of Finance Administrative Services VIII.F.6






SUBJECT: Disposal of Outdated Records (ACTION) 

REQUESTED ACTION: That the Board of Education approve the disposal of the following 

Class 3 records that have been retained for the legal period of time as 

per Article 2, Sections 16023 through 16028, of Article 5, California 

Administrative Code. 

Fiscal Year Cartons Description 

2001-2003 55 Accounts Payable 

2001-2003 6 Receivables 

1998-1999 5 Journals 

BACKGROUND: The records listed are no longer required or needed in the proper 

discharge of the business services duties. These records have been 

preserved for the length of time provided by statutes and California 

Administrative Code, Title 5, Education. 

The Director of Finance hereby certifies that this action is not in 

conflict with the regulations of the State Superintendent of Public 

Instruction. 

Prepared by, 



Approved by, 



VIII.F.7





SUBJECT: Independent Contractor Agreements for $25,000 or less (ACTION) 

RECOMMENDATION: That the Board of Education approve the following Independent 

Contractor Agreements for $25,000 or less as specified. 

# Name Service Provided Amount Funding/Location 

1 Boomerang Project, 

The 

2 Burr Plumbing and 

Pumping 

Provide motivational 

presentation to "Link Crew" 

Students, who help organize 

freshman orientation 

Provide inspections and 

maintenance of large grease 

traps at Empire Gardens, Bret 

Harte, Lincoln and Willow Glen 

High 

3 Camacho, Rozanne Provide design, layout and 

digital reproduction of the 

SJUSD 2010-2011 Parents' 

Guide K-12, English & Spanish 

4 Camfel Productions, 

Inc. 

5 Coastal Termite 

Control 

6 Continuing 

Development Inc. 

(Child 

Development, Inc.) 

7 Downtown College 

Preparatory 

Provide assembly on positive 

behavior, school violence and 

substance abuse to students 

Provide termite treatment for all 

sites as needed 

Provide before and after school 

child care services for program 

eligible families at specified 

elementary schools in 

compliance with CDE/CDD and 

the Latchkey program 

San Jose Unified School District 

Student Nutrition will prepare 

and provide summer meals to the 

Contractor. 

$2,900 061 ASB/ 

Leland 

$5,000 031 Student 

Nutrition 

$5,400 032 TIIG/ 

Magnet 

$745 031 Discretionary/ 

Burnett Academy 

$2,000 031 General Fund/ 

Operations 

$25,000 121 Child 

Development 

Fund/ Early 

Education 

$0 No Cost/ 

Student Nutrition 

VIII.G


8 Escular Popular 

Elementary 

9 Foundry 

Community Day 

School 

10 G. Casey Holdings 

Inc., DBA TSS 

Photography 

11 Great Impression 

Plus 



and provide summer meals to the 

Contractor. 



and provide meals to the 

Contractor. 

Provide photograph services for 

sports events 

Provide printing/delivery of the 

SJUSD 2010-2011 Parent's 

Guide to Schools K-12, English 

& Spanish 

12 Guevara, Diego Provide DJ services for school 

dances 

13 Guevara, Diego Provide DJ services for school 

dances 

14 Lau, John DBA 

Aim2Pleez 

Provide DJ services for school 

dances 

15 Lopez, Mike Provide DJ services for school 

dances 

16 More Physical 

Therapy, Inc. 

17 National Food 

Equipment 

18 O'Connor Career 

Academy 

Provide athletic trainer for 

Pioneer 

Repair of central kitchen 

equipment as needed. 




Contractor. 

19 Pine Hill School San Jose Unified School District 



Contractor. 

$0 No Cost/ 


$0 No Cost/ 


$0 No Cost/ 

Bret Harte 

$18,348 061 TIIG/ 

Magnet 

$1,082 061 ASB/ 

Bret Harte 

$1,365 061 ASB/ 

Burnett Academy 

$2,400 061 ASB/ 

Lincoln 

$1,800 061 Student Body/ 

River Glen Middle 

$7,285 061 Site Local 

Program Support/ 

Pioneer 

$10,000 031 Student 

Nutrition 

$0 No Cost/ 


$0 No Cost/ 


VIII.G


20 Reed, Harry D. 

DBA Youth 

Services Lutheran 

Style 

Provide non-religious music 

lessons to the students. 

21 Schmahl Science Provide science workshops and 

Family Science Nights 

22 Schoolhouse 

Services 

23 Second Harvest 

Food Bank 


Food Bank 


Food Bank 


Food Bank 

Provide service to update 

enrollment and Facilities 

Forecasting study base on 

October 2008 and 2009 

enrollments 

Provide free monthly distribu- 

tion of food to eligible families 

Provide free monthly distribution 

of food to eligible families 

Provide free monthly distribu- 

tion of food to eligible families 

Provide free of monthly distribution 

of food to eligible families 

27 Sports 4 Kids Provide physical activities to 

students to improve health and 

support positive student 

interaction 




interaction 




interaction 




interaction 

$13,500 061 Fundraiser/ 

Site Local Support/ 

Schallenberger 

$0 No Cost/ 

Almaden and 

Gardner 

$18,000 031 General Fund/ 

Student 

Assignment 

$0 No Cost/ 

Grant Elementary 

$0 No Cost/ 

Almaden 

$0 No Cost/ 

Healthy Start 

Learning Center 

$0 No Cost/ 

Washington 

$23,500 031 Charter Block 

Grant/ 

Bachrodt 

$23,500 061 Title I 

Galarza/Hammer 

$23,500 061 Title I 

Lowell 

$23,500 032 School Site 

Flexibility 

061 Fundraiser/ 

Willow Glen 

Elementary 

VIII.G


31 West Lite Supply 

Company, Inc. 

32 YWCA of Silicon 

Valley 

33 YWCA of Silicon 

Valley 

Provide packing labels, pick-up, 

and dispose of Fluorescent 

lamps and ballasts at the Corp. 

Yard 

Provide before and after school 

child care services for program 

eligible families at Horace Mann 

in compliance with CDE/CDD 

and the Latchkey program 

Provide counseling services for 

students. 

Prepared by, 

Edgar Manalo, Manager 

Purchasing and Contract Management 

Approved by, 

$4,500 031 Unrestricted 

General/ 


$10,747 121 Child 

Development 

Fund/ Early 

Education 

$8,200 032 School Site 

Flexibility/ 

Washington 



VIII.G




August 10, 2009 

(September 10, 2009 Board Meeting) 

SUBJECT: GASB 45 OPEB Actuarial Valuation (ACTION) 

REQUESTED ACTION: That the Board of Education accept the GASB 45 Other Postemployment 

Benefit (OPEB) Actuarial Valuation as reported by 

Demsey Filliger and Associates for the fiscal year beginning July 1, 

2008. 

BACKGROUND: This report sets forth the results of the GASB 45 actuarial valuation of 

the District's retiree health insurance program as of July 1, 2008. In 

June 2004, the Government Accounting Standards Board (GASB) issued 

its final accrual accounting standards for retiree healthcare benefits, 

GASB 43 and GASB 45. GASB 43/45 requires public employers to 

perform periodic actuarial valuations to measure and disclose their 

retiree healthcare liabilities. They apply to the financial statements of 

both the employer and the trust, if any, set aside to pre-fund retiree 

healthcare benefits. The District is required to have biennial actuarial 

valuations to determine the liabilities and disclosure requirements of its 

retiree health insurance program under GASB 45. To accomplish these 

objectives the District selected Demsey, Filliger and Associates (DF&A) 

to perform the actuarial valuation of the retiree health insurance program 

as of July 1, 2008. 

BUDGET SOURCE: Restricted General Fiscal Solvency Plan [Fund 061] 

Prepared by, 

Paula V. Warren, Manager 

Human Resources - Benefits & Operations 

Recommended for approval by, Approved by, 

Sharon Roddick, Director Don Iglesias 

Human Resources Superintendent of Schools 

IX.A.1






SUBJECT: Sunshine Proposal between the San Jose Unified School District 

(SJUSD) and American Federation of State, County and Municipal 

Employees, (AFSCME), AFL-CIO, Local 101, Council 57 (ACTION) 

REQUESTED ACTION: That the Board of Education approve the joint reopening of negotiations 

with American Federation of State, County and Municipal Employees, 

(AFSCME), AFL-CIO, Local 101, Council 57 and the District for the 

2009-2010 contract year. 

BACKGROUND: The American Federation of State, County and Municipal Employees, 

(AFSCME), AFL-CIO, Local 101, Council 57 is the exclusive bargaining 

agent for classified workers in the following classifications: Electronics, 

Engineering and Inspection; Information Systems; Maintenance; 

Operations; Transportation; and Food Services in the classified service of 

the District. The San Jose Unified School District (SJUSD) and the 

American Federation of State, County and Municipal Employees, 

(AFSCME), agree that there are articles and appendices needing changes 

(additions, revisions, deletions). We therefore agree to open and address 

any and all articles and appendices that require changes. 


Nikki Washington, Manager Sharon Roddick, Director 

Human Resources Classified Human Resources 

Approved by, 

Don Iglesias 


IX.A.2



Goals and Priorities 

for 

Bargaining AFSCME (American Federation of State, County and 

Municipal Employees), AFL-CIO, Council 57 

The District will negotiate the 2009-10 school year contract with the 

American Federation of State, County and Municipal Employees, AFL-CIO, 

Council 57 which expired on June 30, 2009. 

The goals and priorities for negotiations shall include, but not be limited to: 

1. Salary 

The District seeks comparability in adjustments to salary among all 

employee groups and to continue to attract and retain highly qualified staff. 

2. Benefits 

The District seeks comparability in adjustments to benefits among all 

employee groups and to continue to establish greater control over the 

escalating cost of benefits through co-ownership for such expenses by 

the District and its employees. 

The District retains the rights to open negotiations on any or all articles, as the 

2009-10 negotiations between the parties constitute full contract reopeners. 

IX.A.2






SUBJECT: Amendment to Board Policy 4111.2 – Legal Status 

Requirement [1st Reading] (INFORMATIONAL) 

INFORMATIONAL: That the Board of Education review and consider the proposed 

amendments to Board Policy 4111.2 – Legal Status Requirement 

and vote to approve the Policy at the September 24, 2009 Board 

Meeting. 

BACKGROUND: New federal regulations prohibit employers from accepting expired 

documents to verify employment authorization on Form I-9. 

Beginning April 3, 2009, all employers must use the revised I-9 

form developed by the U.S. Citizenship and Immigration Services. 

The District’s Board Policy 4111.2 is being amended to reflect the 

current changes in the federal regulations. Upon approval, current 

changes in the law will automatically update Board Policy 4211.2 

and Board Policy 4311.2 – Legal Status Requirement. Human 

Resources has been in compliance with the current changes since 

last April. New I-9 forms are included in all new hire packets and 

used for recertification. 

Deletions are indicated with a strikethrough, additions are in bold. 

Prepared by, 

Paula V. Warren, Manager, Human Resources 

Benefits and Operations 




IX.A.3


All Personnel BP 4111.2 

4211.2 

LEGAL STATUS REQUIREMENT 4311.2 

The district shall hire only citizens and aliens who are lawfully authorized to work in the United States. 

The Superintendent or designee shall ensure that district employment practices do not unlawfully 

discriminate on the basis of citizenship status or national origin, including but not limited to, 

discrimination against any refugees, grantees of asylum, or persons qualified for permanent or 

temporary residency. 

The Governing Board shall ensure that the district employs only those individuals who are 

lawfully authorized to work in the United States. 

The Superintendent or designee shall verify the employment eligibility of all persons hired by 

completing the U.S. Citizenship and Immigration Services Form I-9, Employment Eligibility 

Verification, for each individual hired and ensure that the district does not knowingly hire or 

continue to employ any person not authorized to work in the United States. (8 USC 1324a) 

In accordance with law, the Superintendent or designee shall ensure that district employment 

practices do not unlawfully discriminate on the basis of citizenship status or national origin, 

including, but not limited to, discrimination against any refugees, grantees of asylum, or persons 

qualified for permanent or temporary residency. 

(cf. 0410 - Nondiscrimination in District Programs and Activities) 

(cf. 4030 - Nondiscrimination in Employment) 

(cf. 4111 - Recruitment and Selection) 



All new employees shall show appropriate documents which certify that they are legally eligible to work 

in the United States, as required by law and in accordance with administrative regulation. 

Legal Reference: 

UNITED STATES CODE, TITLE 8 

1324a Unlawful employment of aliens 

1324b Unfair immigrant-related employment practices 

CODE OF FEDERAL REGULATIONS, TITLE 8 

274a.1-274a.14 Control of Employment of Aliens 

Management Resources: 

U.S. CITIZENSHIP AND IMMIGRATION SERVICES PUBLICATIONS 

Handbook for Employers: Instructions for Completing Form I-9, April 2009 

WEB SITES 

U.S. Citizenship and Immigration Services: http://www.uscis.gov 

Policy SAN JOSE UNIFIED SCHOOL DISTRICT 

Adopted: San Jose, California 

IX.A.3






SUBJECT: Amend Administrative Regulation 4111.2 – Legal Status 

Requirement [1st READING] (INFORMATIONAL) 


amendments to Administrative Bulletin 4111.2 – Legal Status 

Requirement and vote to approve the Regulation at the September 

24, 2009 Board Meeting. 

BACKGROUND: New federal regulations prohibit employers from accepting expired 

documents to verify employment authorization on Form I-9. 

Beginning April 3, 2009, all employers must use the revised I-9 

form developed by the U.S. Citizenship and Immigration Services. 

This Administrative Regulation outlines the documentation process 

for verifying an individual’s employment authorization and sets 

forth compliance requirements for providing assistance to 

individuals who qualify under the Americans with Disabilities Act. 

Upon approval, current changes in the law will automatically 

update Board Policy 4211.2 and Board Policy 4311.2 – Legal 

Status Requirement. Deletions are indicated with a strikethrough, 

additions in bold. 

Prepared by, 

Paula V. Warren, Manager, Human Resources 

Benefits and Operations 




IX.A.4


All Personnel AR 4111.2(a) 

4211.2 

4311.2 

LEGAL STATUS REQUIREMENT 

Within three business days of hire, the Superintendent or designee shall physically examine the 

documentation presented by the employee establishing his/her identity and employment authorization as 

set forth in INS Form I-9. U.S. Citizenship and Immigration Services Form I-9. The Superintendent or 

designee shall (1) ensure that the documents presented appear to be genuine and relate to the individual 

and (2) complete the "Employer Review and Verification" section of the Form I-9. (8 CFR 274a.2) The 

employee may present either an original document which establishes both employment authorization 

and identity or two separate original documents which establish authorization and identity. Only 

unexpired documents are acceptable. (8 CFR 274a.2) 

(cf. 4030 - Nondiscrimination in Employment) 

(cf. 4032 - Reasonable Accommodation) 

Persons employed for three days or less must provide such documentation on their first day. (8 CFR 

274a.2) 

If unable to provide satisfactory documentation because the document was lost, stolen, or damaged, the 

employee shall furnish a receipt indicating that a replacement document has been requested. This receipt 

must be presented within three days of the hire, and the replacement document must be provided within 

90 days of the hire. (8 CFR 274a.2) 

If an individual's employment authorization expires, the Superintendent or designee must reverify the I- 

9 form, Form I-9, by noting the document's identification number and expiration date on the form, no 

later than the date the work authorization expires. The employee shall present a document that either 

shows continuing employment eligibility authorization or a new grant of work authorization. (8 CFR 

274a.2) 

After examining the documents presented, the Superintendent or designee shall copy them. Such copies 

shall be retained with the individual's I-9 form. The documents shall be kept confidential and used only 

as needed to help justify the district's past decision to accept the documents as valid. 

(cf. 4112.6/4212.6/4312.6 - Personnel Files) 

The district shall retain the I-9 forms for three years after the date of the hire or for one year after the 

date the individual's employment is terminated, whichever is later. (8 CFR 274a.2) 

The Superintendent or designee shall: (8 CFR 274a.2) 

1. Ensure that the documents presented appear to be genuine and relate to the individual 

2. Complete the "Employer Review and Verification" section and sign the attestation with a 

handwritten signature or electronic signature on Form I-9 

IX.A.4


All Personnel AR 4111.2(b) 

4211.2 

4311.2 

LEGAL STATUS REQUIREMENT 

Persons employed for three business days or less must provide such documentation on their first day. (8 

CFR 274a.2) 

If unable to provide satisfactory documentation because the document was lost, stolen, or damaged, the 

employee shall furnish a receipt indicating that a replacement document has been requested. This receipt 

must be presented within three business days of the hire, and the replacement document must be 

provided within 90 days of the hire. (8 CFR 274a.2) 

If an individual's employment authorization expires, the Superintendent or designee must reverify the I- 

9 form Form I-9, by noting the document's identification number and expiration date on the form, no 

later than the date the work authorization expires. The employee shall present a document that shows 

either continuing employment eligibility authorization or a new grant of work authorization. (8 CFR 

274a.2) 

After examining the documents presented, the Superintendent or designee shall copy them. Such copies 

shall be retained with the individual's I-9 form. The documents shall be kept confidential and used only 

as needed to help justify the district's past decision to accept the documents as valid. 


The district shall retain an individual's Form I-9 for three years after the date of the hire or for one year 

after the date his/her employment is terminated, whichever is later. (8 CFR 274a.2) 

(cf. 3580 - District Records) 

The Superintendent or designee shall copy documents presented by an individual for verification 

and shall retain them with the individual's Form I-9. The documents shall be kept confidential and 

used only as needed to help justify the district's past decision to accept the documents as valid. 


Regulation SAN JOSE UNIFIED SCHOOL DISTRICT 


IX.A.4






SUBJECT: Amendment to Board Policy 6142.1 – Instruction – Family 

Life/Sex Education (2 nd Reading) (ACTION) 

REQUESTED ACTION: That the Board of Education approve the proposed amendment to 

Board Policy BP 6142.1 – Instruction – Family Life/Sex Education 

to reflect national and state compliance and frameworks. 

BACKGROUND: Additions/changes to Board Policy 6142.1 – Family Life/Sex 

Education are printed in bold type and omissions are strike 

through. Additions and omissions are in compliance with the 

California Department of Education. 

Prepared by, 

Lorianne R. Ventura, Manager 


Approved by, 



Approved by, 


Division of Instruction IX.B.1


Instruction BP 6142.1(a) 

SEXUAL HEALTH AND HIV/AIDS PREVENTION INSTRUCTION FAMILY LIFE/SEX 

EDUCATION 

The Governing Board recognizes that the purpose of the district’s sexual health and HIV/AIDS 

prevention instruction is to provide students with the knowledge and skills necessary to protect 

them from unintended pregnancy and sexually transmitted diseases and to encourage students to 

develop healthy attitudes concerning adolescent growth and development, body image, gender 

roles, sexual orientation, dating, marriage, and family. believes that a wholesome, The Board 

therefore desires to provide a well-planned sequence of instruction on comprehensive sexual health 

and HIV/AIDS prevention. about family life and human sexuality is essential to the general education 

of all students. The Board accepts the responsibility to provide information about sexuality as part of the 

educational opportunities available to students. 

(cf. 5030 – Student Wellness) 

(cf. 6142.8 – Comprehensive Health Education) 

The district’s curriculum shall be aligned with the state’s content standards, based on medically 

accurate and factual information, and designed to teach students to make healthy choices ad 

reduce high-risk behaviors. The district’s program shall comply with the requirements of law, 

Board policy, and administrative regulation and shall respect the rights of parents/guardians to 

supervise their children’s education on these subjects and to impart values regarding human 

sexuality to their children. 

The Board recognizes that lack of information or misinformation may contribute an increased risk for 

sexually transmitted diseases, unintended pregnancy or sterility. Therefore, the district's curriculum shall 

help students understand the biological, psychological, social, moral and ethical aspects of human 

sexuality and shall comply with the requirements of law and administrative regulation. 

(cf. 5141.22 – Infectious Diseases) 

(cf. 5142.25 – Availability of Condoms) 

(cf. 5146 – Married/Pregnant/Parenting Students) 

(cf. 6143 – Courses of Study) 

The Superintendent or designee may appoint a coordinator and/or an advisory committee 

regarding the district’s comprehensive sexual health program. The advisory committee shall 

represent a divergence of viewpoints and may participate in planning, implementing and 

evaluating the district's comprehensive sexual health education program. The Board shall 

consider the advisory committee's recommendations when approving the district’s program. 

(cf. 1220 - Citizen Advisory Committees) 

IX.B.1


Instruction BP 6142.1 (b) 


EDUCATION 

Parent/Guardian Consent 

A parent/guardian may request in writing that his/her child be excused from participating in 

HIV/AIDS prevention or sexual health education. Students so excused by their parents/guardians 

shall be given an alternative educational activity. (Education Code 51240, 51939) 

The Superintendent/designee shall ensure that parent/guardian notifications are sent that comply with the 

requirements of law and administrative regulation. 

(cf. 5022 – Student and Family Privacy Rights) 

A student shall not be subject to disciplinary action, academic penalty, or other sanction if the 

student’s parent/guardian declines to permit the student to receive the instruction. (Education 

Code 51939) 


EDUCATION CODE 

220 Prohibition of discrimination 

48980 Notice at beginning of term 

51202 Instruction in personal and public health and safety 

51210.8 Health education curriculum 

51240 Excuse from health instruction and family life and sex education due to religious beliefs 

51513 Materials containing questions about beliefs or practices 

51930–51939 Comprehensive Sexual Health and HIV/AIDS Prevention Act 

51550 Sex education courses 

51553 Sex education 

51820 Venereal disease instruction; written notification to parent; inspection of 

instructional material; consensual pupil participation 

PENAL CODE 

243.4 Sexual battery 

261.5 Unlawful sexual intercourse 

271.5 Parents voluntarily surrendering custody of a baby 


1232h Protection of student rights 

7906 Sex education 

IX.B.1


Instruction BP 6142.1 (c) 


EDUCATION 


CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS 

Health Education Content Standards for California Public Schools, Kindergarten Through Grade 12, 

2008 

Health Framework for California Public Schools: Kindergarten through Grade 12, 2003 

Family Life/Sex Education Guidelines, California State Department of Education, 1987 

WEB SITES 

CSBA: http://wwww.csba.org 

American Academy of Pediatrics: http://www.aap.org 

American College of Obstetricians and Gynecologists: http://www.acog.org 

American Public Health Association: http:www.apha.org 

California Department of Education, Sex Education and HIV/STD Instruction: 

http://www.cde.ca.gov/ls/he/se 

California Department of Public Health Services: http://www.cdphs.ca.gov 

California Safe Schools Coalition: http://www.casafeschools.org 

Centers for Disease Control and Prevention: http://www.cdc.gov 

California Healthy Kids Resource Center: http://www.californiahealthykidsresources.org 

National Academy of Sciences: http://www.nationalacademies.org 

U.S. Department of Health and Human Services, Office of the Surgeon General: 

http://www.surgeongeneral.gov 

U.S. Food and Drug Administration: http://www.fda.gov 

Board Policy San José Unified School District 

Adopted: September 20, 2001 San José, California 

Revised: 

IX.B.1






SUBJECT: Amendment to Administrative Regulation 6142.1 – Instruction 

– Family Life/Sex Education (2 nd Reading) (ACTION) 

REQUESTED ACTION: That the Board of Education approve the proposed amendment to 

Administrative Regulation 6142.1 – Instruction – Family Life/Sex 

Education to reflect national and state compliance and frameworks 

as well as CSBA June 2008 updates. 

BACKGROUND: Additions/changes to Administrative Regulation 6142.1 – Family 

Life/Sex Education are printed in bold type and omissions are 

strike through. Additions and omissions are in compliance with 

the California Department of Education. 

Prepared by, 



Approved by, 



Approved by, 



IX.B.2


Instruction AR 6142.1(a) 


EDUCATION 

Course Material Instruction and Materials 

The district’s sexual health and HIV/AIDS prevention instruction and materials shall be: 

(Education Code 51933, 51934): 

In all sex education courses that discuss sexual intercourse, course material and instruction shall: 

(Education Code 51553) 

1. Age Appropriate 

Age appropriate refers to topics, messages, and teaching methods suitable to particular ages 

or age groups of children and adolescents, based on developing cognitive, emotional, and 

behavioral capacity typical for the age or age group. 

Emphasize that abstinence from sexual intercourse is the only protection that is 100% effective against 

unwanted teenage pregnancy, sexually transmitted diseases and acquired immune deficiency syndrome 

(AIDS) when transmitted sexually. 

2. Factually and medically accurate and objective 

Medically accurate means verified or supported by research conducted in compliance with 

scientific methods and published in peer-reviewed journals, where appropriate, and 

recognized as accurate and objective by professional organizations and agencies with 

expertise in the relevant field, such as the federal Centers for Disease Control and 

Prevention, the American Public Health Association, the American Academy of Pediatrics, 

and the American College of Obstetricians and Gynecologists. 

Be age appropriate. 

3. Available on an equal basis to a student who is an English learner, consistent with the 

existing curriculum and alternative options for an English learner, as otherwise provided 

in the Education Code 

(cf. 6174 – Education for English Language Learners) 

Present factual information, including but not limited to medical, psychiatric, psychological, empirical 

and statistical statements, that is medically accurate. 

Medically accurate means verified or supported by research conducted in compliance with scientific 

methods and published in peer-review journals, where appropriate, and 

IX.B.2


Instruction AR 6142.1 (b) 


EDUCATION 

recognized as accurate and objective by professional organizations and agencies with expertise in the 

relevant field, such as the Centers for Disease Control and Prevention. 

4. Appropriate for use with students of all races, genders, sexual orientations, and ethnic and 

cultural backgrounds, and students with disabilities 

(cf. 0410 – Nondiscrimination in District Programs and Activities) 

(cf. 1312.3 – Uniform Complaint Procedures) 

When discussing contraception, stress that abstinence is the only contraceptive method which is 100% 

effective, and that all other methods of contraception carry a risk of failure in preventing unwanted 

teenage pregnancy. Statistics based on the latest medical information shall be provided to students citing 

the failure and success rate of condoms and other contraceptives in preventing pregnancy. 

5. Accessible to students with disabilities, including, but not limited to, the provision of a 

modified curriculum, materials, and instruction in alternative formats and auxiliary aids 

Stress that sexually transmitted diseases are serious possible hazards of sexual intercourse. Students 

shall be provided with statistics based on the latest medical information citing the failure and success 

rates of condoms in preventing AIDS and other sexually transmitted diseases. 

6. Not Teaching or promoting a religious doctrine 

Include a discussion of the possible emotional and psychological consequences of preadolescent and 

adolescent sexual intercourse outside of marriage and the consequences of unwanted adolescent 

pregnancy. 

7. Not reflecting bias or promoting prejudice against students in protected categories of 

discrimination pursuant to Education Code 220 

(cf. 5145.3 – Nondiscrimination/Harassment) 

Stress that students should abstain from sexual intercourse until they are ready for marriage. 

8. Advise students of the laws pertaining to their financial responsibility to children born in and out of 

wedlock. 

XI.B.2


Instruction AR 6142.1 (c) 


EDUCATION 

9. Advise students that it is unlawful pursuant to Penal Code 261.5 for males or females of any age to 

have sexual intercourse with males or females under the age of 18 to whom they are not married. 

10. Emphasize that students have the power to control personal behavior. Students shall be encouraged 

to base their actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical 

considerations such as respect for one's self and others. 

11. Teach students to not make unwanted physical and verbal sexual advances and how to say "no" to 

unwanted sexual advances. Provide information about verbal, physical and visual sexual assault, 

including but not limited to nonconsensual sexual advances, nonconsensual physical sexual contact, and 

rape by an acquaintance, commonly referred to as "date rape." This course material and instruction shall 

contain methods of preventing sexual assault by an acquaintance, including exercising good judgment 

and avoiding behavior that impairs good judgment, and shall also encourage youth to resist negative 

peer pressure. This course material and instruction also shall inform students of the potential legal 

consequences of sexual assault by an acquaintance. Specifically, students shall be advised that it is 

unlawful to touch an intimate part of another person, as specified Penal Code 243.4(d). 

12. Be free of racial, ethnic and gender biases. 

13. Teach students that it is wrong to take advantage of, or to exploit, another person. 

Evaluation 

The Superintendent or designee shall ensure that family life/sex education materials and instruction are 

continuously evaluated in light of information received from students, parents/guardians, and teachers or 

when new information pertinent to items #1-13 above becomes available. Such information may indicate 

what students learned, whether the program was workable for the teachers, and how the program could 

be improved. 

Other district courses that may include subject matter related to that which is presented in either 

HIV/AIDS prevention or comprehensive sexual health instruction, shall not be subject to the 

requirements of Education Code 51930-51939 pertaining to instructional content, teacher training, 

and parental notification and consent, if such courses contain: (Education Code 51932) 

1. Solely a description or illustration of human reproductive organs that may appear in a 

textbook adopted pursuant to law on physiology, biology, zoology, general science, personal 

hygiene, or health 

IX.B.2


Instruction AR 6142.1 (d) 


EDUCATION 

(cf. 6142.8 - Comprehensive Health Education) 

(cf. 6142.93 - Science Instruction) 

2. Instruction or materials that discuss gender, sexual orientation, or family life and do not 

discuss human reproductive organs and their function 

(cf. 6143 - Courses of Study) 

Additional Requirements for HIV/AIDS Prevention Instruction 

HIV/AIDS prevention instruction shall be offered at least once in junior high or middle school and 

once in high school. (Education Code 51934) 

Instruction shall accurately reflect the latest information and recommendations from the United 

States Surgeon General, the federal Centers for Disease Control and Prevention, and the National 

Academy of Sciences. The district's curriculum shall satisfy the criteria listed in items #1-7 in the 

section entitled "Instruction and Materials" above and shall also include: (Education Code 51931, 

51934) 

1. Information on the nature of HIV/AIDS and its effects on the human body 

2. Information on the manner in which HIV is and is not transmitted, including information 

on activities that present the highest risk of HIV infection 

3. Discussion of methods to reduce the risk of HIV infection, including: 

a. Emphasis that sexual abstinence, monogamy, the avoidance of multiple sexual 

partners, and abstinence from intravenous drug use are the most effective means for 

HIV/AIDS prevention 

b. Statistics based upon the latest medical information citing the failure and success 

rates of condoms and other contraceptives in preventing sexually transmitted HIV 

infection 

c. Information on other methods that may reduce the risk of HIV transmission from 

intravenous drug use 

4. Discussion of the public health issues associated with HIV/AIDS 

5. Information on local resources for HIV testing and medical care 

6. Development of refusal skills to assist students in overcoming peer pressure and using 

effective decision-making skills to avoid high-risk activities 

IX.B.2


Instruction AR 6142.1 (e) 


EDUCATION 

7. Discussion about societal views on HIV/AIDS, including stereotypes and myths regarding 

persons with HIV/AIDS and emphasizing compassion for persons living with HIV/AIDS 

Additional Requirements for Sexual Health Instruction 

The district's sexual health education curriculum shall satisfy the criteria listed in items #1-7 in 

the section entitled "Instruction and Materials" above as well as the following criteria: (Education 

Code 51931, 51933) 

1. Instruction and materials shall encourage a student to communicate with his/her 

parents/guardians about human sexuality. 

2. Instruction and materials shall teach respect for marriage and committed relationships. 

3. Beginning in grade 7, instruction and materials shall teach that abstinence from sexual 

intercourse is the only certain way to prevent unintended pregnancy, teach that abstinence 

from sexual activity is the only certain way to prevent sexually transmitted diseases, and 

provide information about the value of abstinence while also providing medically accurate 

information on other methods of preventing pregnancy and sexually transmitted diseases. 

4. Beginning in grade 7, instruction and materials shall provide information about sexually 

transmitted diseases. This instruction shall include how sexually transmitted diseases are 

and are not transmitted, the effectiveness and safety of all federal Food and Drug 

Administration (FDA) approved methods of reducing the risk of contracting sexually 

transmitted diseases, and information on local resources for testing and medical care for 

sexually transmitted diseases. 

5. Beginning in grade 7, instruction and materials shall provide information about the 

effectiveness and safety of all FDA-approved contraceptive methods in preventing 

pregnancy, including, but not limited to, emergency contraception. 

(cf. 5141.25 - Availability of Condoms) 

6. Beginning in grade 7, instruction and materials shall provide students with skills for 

making and implementing responsible decisions about sexual conduct. 

IX.B.2


Instruction AR 6142.1 (f) 


EDUCATION 

(cf. 5146 - Married/Pregnant/Parenting Students) 

7. Beginning in grade 7, instruction and materials shall provide students with information on 

the law concerning surrendering physical custody of a minor child 72 hours or younger, 

pursuant to Health and Safety Code 1255.7 and Penal Code 271.5. 


Professional Development 

The district's instruction shall be provided by instructors trained in the appropriate courses who 

are knowledgeable of the most recent medically accurate research on human sexuality, pregnancy, 

and sexually transmitted diseases. (Education Code 51932, 51933, 51934) 

The Superintendent or designee shall cooperatively plan and conduct in-service training for all 

district personnel who provide HIV/AIDS prevention education, through regional planning, joint 

powers agreements, or contract services. (Education Code 51935) 

(cf. 4131 - Staff Development) 

In developing and providing in-service training, the Superintendent or designee shall cooperate 

and collaborate with the teachers who provide HIV/AIDS prevention education and with the 

California Department of Education (CDE). (Education Code 51935) 

The district shall periodically conduct in-service training to enable district personnel to learn new 

developments in the scientific understanding of HIV/AIDS. In-service training shall be voluntary 

for district personnel who have demonstrated expertise or received in-service training from the 

CDE or federal Centers for Disease Control and Prevention. (Education Code 51935) 

The Superintendent or designee may expand HIV/AIDS in-service training to cover the topic of 

comprehensive sexual health education for district personnel teaching sexual health education to 

learn new developments in the scientific understanding of sexual health. (Education Code 51935) 

IX.B.2


Instruction AR 6142.1 (g) 


EDUCATION 

Use of Consultants or Guest Speakers 

The Superintendent or designee may contract with outside consultants with expertise in 

comprehensive sexual health or HIV/AIDS prevention education, including those who have 

developed multilingual curricula or curricula accessible to persons with disabilities, to deliver the 

instruction or to provide training for district personnel. The Superintendent or designee shall 

ensure that any instruction provided by an outside speaker or consultant complies with Board 

policy, administrative regulation, and Education Code 51930-51939. (Education Code 

51933, 51934, 51936) 

(cf. 6145.8 - Assemblies and Special Events) 

Parent/Guardian Notification 

At the beginning of each school year, or at the time of a student's enrollment, 

parents/guardians shall be notified in writing about any instruction in which human reproductive organs 

and their functions, processes, or sexually transmitted diseases are described, illustrated, or discussed. 

comprehensive sexual health education and HIV/AIDS prevention education, as well as research 

on student health behaviors and risks, planned for the coming year. In addition, before any 

instruction on family life, human sexuality, AIDS or sexually transmitted diseases is given The notice 

shall advise parents/guardians: (Education Code 48980, 51938) 

1. That written and audiovisual educational materials to be used in comprehensive sexual 

health and HIV/AIDS prevention education are available for inspection 

2. That parents/guardians may request in writing that their child not receive comprehensive 

sexual health or HIV/AIDS prevention education 

This notification shall inform parents/guardians that they may request in writing that their child not 

attend the class. No student shall attend such instruction If the school receives this request 

(Education Code 48980, 51201.5, 51550, 51555) 

(cf. 5145.6 – Parental Notifications) 

At the parent/guardian’s request, any student may be excused from any part of family life/sex 

education instruction. (Education Code 51240) 

The Superintendent or designee shall keep on file Education Code 51201.5, 51553, 51554, and 

51555. (Education Code 51201.5, 51554, 51555) 

IX.B.2


Instruction AR 6142.1 (h) 


EDUCATION 

3. That parents/guardians have a right to request a copy of Education Code 51930-51939 

The parent/guardian shall be provided with written notice explaining that the instruction will be 

given and information stating the parents/guardian’s right to request a copy of Education Code 

51201.5 and 51553. 

4. Whether the comprehensive sexual health or HIV/AIDS prevention education will be 

taught by district personnel or outside consultants 

At the beginning f the school year, or at the time of the student’s enrollment, the Superintendent or 

designee shall notify parents/guardians of any outside organization or guest speaker brought into the 

district to provide instruction in family life, human sexuality, AIDS or sexually transmitted diseases. 

If the district chooses to use outside consultants or to hold an assembly with guest 

speakers to teach the comprehensive sexual health or HIV/AIDS prevention education, the 

notification shall include: (Education Code 51938) 

a. The date of the instruction 

b. The name of the organization or affiliation of each guest speaker 

c. Information stating the right of the parent/guardian to request a copy of Education Code 51933- 

51934 51201.5 and 51553 

If the arrangements for instruction by outside consultants or guest speakers are made after the beginning 

of the school year, the district shall notify parents/guardians by mail or another commonly used 

method of notification no fewer than 10 14 days and no more than 15 days before the instruction is 

given. (Education Code 51938) 

(cf. 5145.6 - Parental Notifications) 

This notification is required whether the guest speakers are brought in by the district to lecture, 

distribute information, show a videotape, role play, conduct an activity involving student participation or 

provide audio material in either a classroom or assembly. (Education Code 51554) 

Parents/guardians shall also be notified in the manner described above prior to any instruction on family 

life, human sexuality, AIDS or sexually transmitted diseases at an assembly conducted by a district 

employee. (Education Code 51554) 

IX.B.2


Instruction AR 6142.1 (i) 


EDUCATION 

(cf. 6144 – Controversial Issues) 

If notice is sent home with the students, parents/guardians shall be asked to sign and return to the school 

a slip indicating that they have read the notification. 

All materials used for the above instruction shall be available for inspection by parent/guardians at 

reasonable times and places prior to the onset of instruction. The above notification shall inform 

parents/guardians of their right to inspect these materials. (Education Code 51550, 51820) 

(cf. 1312.2 – Complaints Concerning Instructional Materials) 

During the period of time that instruction described above is being delivered, the district shall make 

available an alternative educational activity to those students whose parent/guardians have requested that 

they not receive the instruction. (Education Code 51554) 

A student shall not be subject to disciplinary action, academic penalty or other sanction if the student’s 

parent/guardian declines to permit the student to receive the instruction. (Education Code 51554). 

Regulation San José Unified School District 

approved: September 20, 2001, San Jose, California 

revised: 

IX.B.2






SUBJECT: New Board Policy 6172.1 – Instruction – Concurrent 

Enrollment in College Courses (2 nd Reading) (ACTION) 

REQUESTED ACTION: That the Board of Education approve new Board Policy 6172.1 – 

Instruction – Concurrent Enrollment in College Courses to provide 

students the ability to enroll concurrently in courses offered at 

postsecondary institutions. 

BACKGROUND: San José Unified School District has does not have a policy in 

place for concurrent enrollment in college courses. This policy 

allows an increase in opportunities for students while setting 

guidelines to ensure equitable access. 

Prepared by, 



Approved by, 



Approved by, 



IX.B.3



CONCURRENT ENROLLMENT IN COLLEGE CLASSSES 

The Governing Board desires to provide opportunities for eligible district students to enroll 

concurrently in courses offered at postsecondary institutions in order to foster individual student 

achievement, increase opportunities for students to complete college preparatory course requirements 

or career technical education preparation, and prepare students for a smooth transition into college by 

providing exposure to the collegiate environment. 


(cf. 6172 - Gifted and Talented Student Program) 

(cf. 6178 - Career Technical Education) 

(cf. 6178.1 - Regional Occupational Center/Program) 

When it is determined that the postsecondary course in which the student intends to enroll is 

substantially equivalent to a course provided by the district, the student may receive credit toward 

high school graduation requirements in addition to credit received from the college. 

(cf. 6146.1 - High School Graduation Requirements) 

(cf. 6146.11 - Alternative Credits Toward Graduation) 

Approval of Concurrent Enrollment 

The Board may approve a limited number of students of any age or grade level to apply for part-time 

or full-time concurrent enrollment in a community college or four-year college when it is determined 

to be in the student's best interest and the student is adequately prepared for such coursework. 

Upon recommendation of the principal and with parent/guardian consent, the Board may authorize a 

student to apply for attendance at a community college during any session or term as a special parttime 

or full-time student and to undertake one or more courses of instruction offered at the 

community college level. (Education Code 48800) 

Within the enrollment limits and exceptions allowed by law, the principal may recommend a student 

for community college summer session if that student demonstrates adequate preparation in the 

discipline to be studied and exhausts all opportunities to enroll in an equivalent course, if any, at 

his/her school of attendance. (Education Code 48800) 

(cf. 6162.52 - High School Exit Examination) 

Any student's parent/guardian may petition the Board to authorize full-time attendance at a 

community college if he/she believes the student would benefit from advanced scholastic or career 

technical work that would be available. (Education Code 48800.5) 

IX.B.3


Instruction BP 6172.1 (b) 

CONCURRENT ENROLLMENT IN COLLEGE CLASSSES 

If the Board denies a request for special part-time or full-time enrollment at a community college for a 

student who is identified as highly gifted and talented as defined in Education Code 52201, the Board 

shall issue its written recommendation and the reasons for the denial 

within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled 

Board meeting that falls at least 30 days after the request has been submitted. (Education Code 48800, 

48800.5) 

Program Evaluation 

The Superintendent or designee shall regularly report to the Board regarding the number of district 

students participating in the concurrent enrollment option, their success in completing in 

postsecondary courses, and any impact on their achievement in district courses. 

(cf. 0500 - Accountability) 

(cf. 6162.5 - Student Assessment) 

(cf. 6190 - Evaluation of the Instructional Program) 



46145-46147 Minimum day, high school 

48800-48802 Enrollment of gifted students in community college 

51225.3 Alternative means of satisfying graduation requirements 

52200-52212 Gifted and talented education program 

76000-76002 Enrollment in community college 


WEB SITES 

California Community Colleges System: http://www.cccco.edu 

California Department of Education: http://www.cde.ca.gov 

California Postsecondary Education Commission: http://www.cpec.ca.gov 

California State University: http://www.calstate.edu 

Foundation for California Community Colleges, Early College High School Initiative: 

http://www.foundationccc.org/ECHS 

University of California: http://www.universityofcalifornia.edu 

Policy San José Unified School District 

Adopted: 

IX.B.3






SUBJECT: New Administrative Regulation 6172.1 – Instruction – 

Concurrent Enrollment in College Courses (2nd Reading) 

(ACTION) 

REQUESTED ACTION: That the Board of Education approve new Administrative 

Regulation 6172.1 – Instruction – Concurrent Enrollment in 

College Courses to provide students the ability to enroll 

concurrently in courses offered at postsecondary institutions. 

BACKGROUND: San José Unified School District has does not have a regulation in 

place for concurrent enrollment in college courses. This regulation 

provides guidelines for high school credit, minimum day and 

community college courses offered on any district campus. 

Prepared by, 



Approved by, 



Approved by, 



IX.B.4


Instruction AR 6172.1 

CONCURRENT ENROLLMENT IN COLLEGE CLASSES 

Credit 

Special part-time students may enroll in up to 11 units per semester, or the equivalent, in a 

community college. Such students shall receive credit for community college courses that they 

complete in an amount jointly determined appropriate by the district and the community college 

governing board. (Education Code 48800, 76001) 

(cf. 6146.11 - Alternative Credits Toward Graduation) 

A written agreement regarding the student's enrollment in postsecondary courses and the credits 

to be awarded for successful completion shall be signed by the student, parent/guardian, principal, 

and college representative. The student shall be informed whether the credits to be earned are 

considered academic credits or elective credits and whether the course would need to be 

completed again during the college years to satisfy college requirements. 

To receive district credit for coursework completed at a community college or four-year college, 

the student or parent/guardian shall submit a transcript showing completion of the course with a 

passing grade. 

(cf. 5125 - Student Records) 

Minimum School Day 

Except under the conditions specified in Education Code 46146, the minimum day of attendance 

in district schools shall be 180 minutes for any student who is enrolled part-time in a community 

college and any student in grades 11-12 who is enrolled part-time in the California State 

University or University of California, when the student is enrolled in classes for which academic 

credit will be provided upon satisfactory completion of enrolled courses. (Education Code 46146, 

48801) 

(cf. 6112 - School Day) 

A student enrolled full-time at a community college shall be exempted from full-time attendance in 

the district's regular education program. (Education Code 48800.5) 

(cf. 5112.1 - Exemptions from Attendance) 

However, both part-time and full-time community college students shall be required to undertake 

courses of instruction of a scope and duration sufficient to satisfy the requirements of law. 

(Education Code 48800.5, 48801) 

Community College Classes on High School Campus 

If a community college class is to be offered at a district high school campus, the class shall not be 

held during the time the campus is closed to the general public. (Education Code 76002) 

Regulation San José Unified School District 

Approved: IX.B.4






SUBJECT: Amendment to Board Policy 6159.1 – Instruction – Procedural 

Safeguards and Complaints for Special Education (1 st Reading) 

(INFORMATIONAL) 


amendment to Board Policy 6159.1 – Instruction – Procedural 

Safeguards and Complaints for Special Education to reflect 

changes in the law and vote to approve the amendment to the 

Policy at the September 24, 2009 Board meeting. 

BACKGROUND: Additions/changes to Board Policy 6159.1 – Instruction – 

Procedural Safeguards and Complaints for Special Education are 

printed in bold type and omissions are strike through. Additions 

and omissions are in compliance with the California Department of 

Education, School and District Accountability Division. 

Prepared by, 



Approved by, 



IX.C.1



Procedural Safeguards And Complaints For Special Education 

Procedural Safeguards/Due Process Hearings 

In order to protect the rights of students with disabilities and their parents/guardians, the district shall 

follow all procedural safeguards as set forth in state and federal law. 

Parents/guardians shall receive written notice of their rights, including the right to a due process hearing 

for any dispute related to the identification, assessment or educational placement of a child or the 

provision of a free, appropriate public education to the child in accordance with law, Board policy, 

and administrative regulation. 

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)) 


(cf. 6159 - Individualized Education Program) 

(cf. 6159.2 - Nonpublic Nonsectarian School and Agency Services for Special Education Students) 

(cf. 6159.3 - Appointment of Surrogate Parent for Special Education Students) 

(cf. 6159.4 - Behavioral Interventions for Special Education Students) 

(cf. 6164.4 - Identification and Evaluation of Individuals for Special Education) 

The Superintendent or designee shall represent the district in any due process hearings conducted with 

regard to district students and shall provide the Governing Board with the results of these hearings. 

Complaints for Special Education 

Complaints concerning compliance with state or federal law regarding special education shall be 

addressed in accordance with the district's uniform complaint procedures. 

(cf. 1312.3 - Uniform Complaint Procedures) 



56000 Education for individuals with exceptional needs 

56001 Provision of the special education programs 

56020-56035 Definitions 

56195.7 Written agreements 

56195.8 Adoption of policies for programs and services 

56300-56381 Identification and referral, assessment, instructional planning, implementation, and review 

IX.C.1


Instruction BP 6159.1(b) 


56440-56447.1 Programs for individuals between the ages of three and five years 

56500-56507 Procedural safeguards, including due process rights 

56600-56606 Evaluation, audits and information 

CODE OF REGULATIONS, TITLE 5 

3000-3089 Regulations governing special education 

4600-4671 Uniform complaint procedures 


1232g Family Educational Rights and Privacy Act 

1400-1482 Individuals with Disabilities Education Act 


794 Section 504 of the Rehabilitation Act 


11434 Homeless assistance 


99.10-99.22 Inspection, review and procedures for amending education records 

104.36 Procedural safeguards 

300.1-300.818 Assistance to states for the education of students with disabilities, especially: 

300.500-300.517 Due process procedures for parents and children 

COURT DECISIONS 

Winkelman v. Parma City School District, (2007) 550 U.S. 516 

IX.C.1


Instruction BP 6159.1(c) 



FEDERAL REGISTER 

Final Regulations, December 1, 2008, Vol. 73, No. 231, pages 73006-73029 

WEB SITES 

California Department of Education, Special Education: http://www.cde.ca.gov/sp/se 

U.S. Department of Education, Office of Special Education Programs: 

http://www.ed.gov/about/offices/list/osers/osep 


adopted: September 20, 2001 San Jose, California 

revised: San Jose, California 

IX.C.1






SUBJECT: Deletion of Administrative Regulation 6159.1 – Instruction – 

Procedural Safeguards and Complaints for Special Education 

(1 st Reading) (INFORMATIONAL) 


deletion of Administrative Regulation 6159.1 – Instruction – 

Procedural Safeguards and Complaints for Special Education to 

reflect changes in the law and vote to approve the deletion of the 

Regulation at the September 24, 2009 Board meeting. 

BACKGROUND: Recent changes to the law have resulted in so many changes to this 

Regulation that staff recommend that the current AR 6159.1 be 

deleted and a new Regulation be considered for approval. 

Prepared by, 



Approved by, 



IX.C.2




Due Process Hearing Procedures 

A parent/guardian, the district, and/or a student who is emancipated or a ward or dependent of the court 

may initiate due process hearing procedures whenever: (Education Code 56501) 

1. There is a proposal to initiate or change the identification, assessment or educational placement of the 

student or the provision of a free, appropriate public education to the student. 

2. There is a refusal to initiate or change the identification, assessment or educational placement of the 

student or the provision of a free, appropriate public education to the student. 

3. The parent/guardian refuses to consent to an assessment of his/her child. 

Upon requesting a due process hearing, the parent/guardian or attorney representing the child shall 

provide notice, which shall remain confidential, to the district specifying: (20 USC 1415(b); 34 CFR 

300.507) 

1. The child's name 

2. The child's address 

3. The name of the school the child attends 

4. A description of the nature of the child's problem relating to the proposed or refused initiation or 

change, including facts relating to the problem 

5. A proposed resolution to the problem to the extent known and available to the parents/guardians at the 

time 

Before requesting a state mediation conference or due process hearing, parties may ask to meet 

informally to resolve the issue(s). The district Superintendent or designee shall conduct this informal 

meeting and shall have the authority to resolve the problem(s). 

Attorneys may participate only in those mediation conferences that are scheduled after the filing of a 

request for due process hearing. (Education Code 56500.3, 56501) 

This conference shall be scheduled if both parties agree to mediate and are willing to extend the 45-day 

limit for issuing a hearing decision for a period equal to the length of the mediation process. (Education 

Code 56501) 

Parties requesting a due process hearing shall file their request with the Superintendent of Public 

Instruction or designated contracted agency and give a copy of the request, at the same time, to the other 

party. (Education Code 56502) 

At least five business days prior to a due process hearing, each party shall disclose to all other parties all 

evaluations completed by that date and recommendations based on the offering party's evaluations that 

the party intends to use at the hearing. (20 USC 1415(f)) IX.C.2


Instruction AR 6159.1(b) 


Due Process Hearing Rights 

Due process hearing rights include: (Education Code 56501, 56506) 

1. The right to a state prehearing mediation conference pursuant to Education Code 56500.3 

2. The right to request a mediation conference at any point during the hearing process 

3. The right to examine student records and receive copies within five days of request 


4. The right to a fair and impartial administrative hearing at the state level before a person 

knowledgeable and under contract in accordance with law 

5. The right to have the student who is the subject of the state hearing present at the hearing 

6. The right to open the state hearing to the public 

7. The right to initiate referral of a child for special education pursuant to Education Code 56303 

8. The right to obtain an independent educational assessment pursuant to Education Code 56329 

9. The right to participate in the development of the individualized education program (IEP) and be 

informed of the availability under state and federal law of free and appropriate public education (FAPE) 

and of all available alternative programs, both public and nonpublic 


10. The right to obtain written parental consent pursuant to Education Code 56321 before any 

assessment of the student is conducted unless the district or SELPA prevails in a due process hearing 

relating to such assessment 

Informed parental consent need not be obtained in the case of a reassessment of the student if the district 

can demonstrate that reasonable measures have been taken to obtain consent and that the student's 

parent/guardian has failed to respond. 

11. The right to obtain written parental consent pursuant to Education Code 56321 before the student is 

placed in a special education program 

The parties shall also have the following rights: (5 CCR 3082) 

1. The right to call witnesses, including adverse witnesses, and to cross-examine witnesses 

2. The right to compel the attendance of witnesses, including the right to issue subpoenas 

3. The right to have witnesses excluded from the hearing 

4. Because hearings are conducted in English, the right to an interpreter, when the primary language of a 

party to a hearing is other than English, or other mode of communication 

5. The right of parents/guardians to determine whether the due process hearing will be open or closed to 

the public 

6. If the hearing officer conducts all or part of a hearing by electronic means, the right of each 

participant in the hearing to participate in and hear the entire proceeding while it is taking place and to 

observe exhibits IX.C.2




At the hearing, the parent/guardian shall have the right to be accompanied and advised by counsel 

individuals with special knowledge or training with respect to the problems of children with disabilities. 

(34 CFR 300.509) 

The parent/guardian shall have the right to obtain a written or, at his/her option, electronic verbatim 

recording of the hearing. In addition, the parent/guardian shall have the right to obtain written or, at 

his/her option, electronic findings of facts and decisions. The district shall provide this record and 

findings of fact to the parent/guardian at no cost. (34 CFR 300.509) 

Prior Written Notice 

The Superintendent or designee shall send parents/guardians a prior written notice whenever there is a 

proposal or refusal to initiate or change the identification, evaluation or educational placement of the 

student or the provision of a free and appropriate public education. This notice shall include: (20 USC 

1415(c); 34 CFR 300.503) 

1. A description of the action proposed or refused by the district 

2. An explanation as to why the district proposes or refuses to take the action 

3. A description of any other options that the district considered and why those options were rejected 

4. A description of each evaluation procedure, test, record or report the district used as a basis for the 

proposed or refused action 

5. A description of any other factors that are relevant to the district's proposal or refusal 

6. A statement that the parents/guardians of the student have protection under procedural safeguards and, 

if this notice is not an initial referral for evaluation, the means by which a copy of the description of 

procedural safeguards can be obtained 

7. Sources for parents/guardians to obtain assistance in understanding these provisions 


Students with disabilities and their parents/guardians shall be provided written notice of their rights in 

language easily understood by the general public and in the primary language of the parent/guardian or 

other mode of communication used by the parent/guardian, unless to do so is clearly not feasible. The 

notice shall include, but not be limited to, those rights prescribed by Education Code 56341. (Education 

Code 56341, 56506; 34 CFR 300.503) 

If the native language or other mode of communication of the parent/guardian is not a written language, 

the district shall take steps to ensure that: (34 CFR 300.503) IX.C.2


Instruction AR 6159.1(d) 


1. The notice is translated orally or by other means to the parent/guardian in his/her native language or 

other mode of communication 

2. The parent/guardian understands the contents of the notice 

3. There is written evidence that items #1 and #2 have been satisfied 

Procedural Safeguards Notice 

A procedural safeguards notice shall be made available to parents/guardians of students with a disability 

upon: (20 USC 1415(d)) 

1. Initial referral for evaluation 

2. Each notification of an IEP meeting 

3. Reevaluation of the student 

4. Registration of a complaint 

This notice shall include information on the procedures for requesting an informal meeting, prehearing 

mediation conference, mediation conference, or due process hearing; the timelines for completing each 

process; whether the process is optional; the type of representative who may be invited to participate; 

and the right of the parent/guardian and/or the district to electronically record the proceedings of IEP 

meetings in accordance with Education Code 56341. A copy of this notice shall be attached to the 

student's assessment plan and referred to at each IEP meeting. (Education Code 56321, 56321.5) 

In addition, this notice shall include a full explanation of the procedural safeguards relating to: 

independent educational evaluation; prior written notice; parental consent; access to educational records; 

opportunity to present complaints; the student's placement while due process proceedings are pending; 

procedures for students who are subject to placement in an interim alternative educational setting; 

requirements for unilateral placement by parent/guardians of students in private schools at public 

expense; mediation; due process hearings; state-level appeals; civil action; and attorney's fees. (20 USC 

1415(d); 34 CFR 300.504) 


(cf. 6164.4 - Identification of Individuals for Special Education) 


approved: September 20, 2001 San Jose, California 

IX.C.2






SUBJECT: New Administrative Regulation 6159.1 – Instruction – 


(1 st Reading) (INFORMATIONAL) 

INFORMATIONAL: That the Board of Education review and consider the new 

Administrative Regulation 6159.1 – Instruction – Procedural 

Safeguards and Complaints for Special Education to reflect 

changes in the law and vote to approve the new Regulation at the 

September 24, 2009 Board meeting. 




Prepared by, 



Approved by, 



IX.C.3




Prior Written Notice 

Note: Pursuant to 20 USC 1415(b)(1), districts are mandated to adopt procedures relative to the 

prior written notice as specified in 20 USC 1415(c)(1) and listed below. 

The Superintendent or designee shall send to the parents/guardians of any student with disabilities 

a prior written notice within a reasonable time: (20 USC 1415(c); 34 CFR 300.102, 300.300, 

300.503; Education Code 56500.4, 56500.5) 

1. Before the district initially refers the student for assessment 

2. Before the district proposes to initiate or change the student's identification, assessment, 

educational placement, or the provision of a free appropriate public education (FAPE) to the 

student 

3. Before the district refuses to initiate or change the student's identification, assessment, or 

educational placement or the provision of FAPE to the student 

4. Before the student graduates from high school with a regular diploma thus resulting in a change 

in placement 

5. Upon receipt of the parent/guardian's written revocation of consent for the continued provision 

of special education and related services to his/her child 

This notice shall include: (20 USC 1415(c); 34 CFR 300.503; Education Code 56500.4) 

1. A description of the action proposed or refused by the district 

2. An explanation as to why the district proposes or refuses to take the action 

3. A description of each assessment procedure, test, record, or report the district used as a basis 

for the proposed or refused action 

4. A statement that the parents/guardians of the student have protection under procedural 

safeguards and, if this notice is not an initial referral for assessment, the means by which a copy of 

the description of procedural safeguards can be obtained 

5. Sources for parents/guardians to obtain assistance in understanding these provisions 

6. A description of any other options that the individualized education program (IEP) team 

considered and why those options were rejected(cf. 6159 - Individualized Education Program) 

IX.C.3




7. A description of any other factors relevant to the district's proposal or refusal 


Procedural Safeguards Notice 

A procedural safeguards notice shall be made available to parents/guardians of students with 

disabilities once each school year and: (20 USC 1415(d)(1); 34 CFR 300.504; Education Code 

56301) 

1. Upon initial referral or parent/guardian request for assessment 

2. Upon receipt of the first state compliance complaint in a school year 


3. Upon receipt of the first due process hearing request in a school year 

4. In accordance with the discipline procedures pursuant to 34 CFR 300.530(h), when a decision is 

made to remove a student because of a violation of a code of conduct constituting a change of 

placement 


5. Upon request by a parent/guardian 

The procedural safeguards notice shall include a full explanation of all of the procedural 

safeguards available under 34 CFR 300.148, 300.151-300.153, 300.300, 300.502-300.503, 300.505- 

300.518, 300.520, 300.530-300.536, and 300.610-300.625 relating to: (20 USC 1415(d)(2); 34 CFR 

300.504; Education Code 56301) 

1. Independent educational evaluation 

(cf. 6164.4 - Identification and Evaluation of Individuals for Special Education) 

2. Prior written notice 

3. Parental consent, including a parent/guardian's right to revoke consent, in writing, to his/her 

child's continued receipt of special education and related services 

4. Access to educational records (cf. 5125 - Student Records) IX.C.3


Instruction AR 6159.1(c) 


5. Opportunity to present complaints and resolve complaints through the due process complaint 

and state compliance complaint procedures, including the time period in which to file a complaint, 

the opportunity for the district to resolve the complaint, and the difference between a due process 

complaint and the state compliance complaint procedures, including the jurisdiction of each 

procedure, what issues may be raised, filing and decisional timelines, and relevant procedures 

6. The availability of mediation 

7. The student's placement during the pendency of any due process complaint 

8. Procedures for students who are subject to placement in an interim alternative educational 

setting 

9. Requirements for unilateral placement by parents/guardians of students in private schools at 

public expense 

10. Hearings on due process complaints, including requirements for disclosure of assessment 

results and recommendations 

11. State-level appeals 

12. Civil actions, including the time period in which to file those actions 

13. Attorney's fees 

This notice shall also include the rights and procedures contained in Education Code 56500-56509, 

including information on the procedures for requesting an informal meeting, prehearing 

mediation conference, mediation conference, or due process hearing; the timelines for completing 

each process; whether the process is optional; the type of representative who may be invited to 

participate; the right of the parent/guardian and/or the district to electronically record the 

proceedings of IEP meetings in accordance with Education Code 56341; and information 

regarding the state special schools for students who are deaf, hard of hearing, blind, visually 

impaired, or deaf-blind. (Education Code 56321, 56321.5, 56321.6) 

A copy of this notice shall be attached to the student's assessment plan and referred to at each IEP 

meeting. (Education Code 56321, 56321.5) 

Format of Parent/Guardian Notices 

The parents/guardians of a student with a disability shall be provided written notice of their rights 

in a language easily understood by the general public and in their native language or other mode 

of communication used by them, unless to do so is clearly not feasible. (34 CFR 300.503; 

Education Code 56341, 56506) IX.C.3




If the native language or other mode of communication of the parent/guardian is not a written 

language, the district shall take steps to ensure that: (34 CFR 300.503) 

1. The notice is translated orally or by other means to the parent/guardian in his/her native 

language or other mode of communication. 

2. The parent/guardian understands the contents of the notice. 

3. There is written evidence that items #1 and #2 have been satisfied. 

The district may place a copy of the procedural safeguards notice on the district's web site. (20 

USC 1415(d)) 

A parent/guardian of a student with disabilities may elect to receive the prior written notice or 

procedural safeguards notice by an electronic mail communication. (34 CFR 300.505) 

Due Process Complaints 

A parent/guardian and/or the district may initiate due process hearing procedures whenever: (20 

USC 1415(b); Education Code 56501) 

1. There is a proposal to initiate or change the student's identification, assessment, or educational 

placement or the provision of FAPE to the student. 

2. There is a refusal to initiate or change the student's identification, assessment, or educational 

placement or the provision of FAPE to the student. 

3. The parent/guardian refuses to consent to an assessment of his/her child. 

4. There is a disagreement between a parent/guardian and the district regarding the availability of 

a program appropriate for the student, including the question of financial responsibility, as 

specified in 34 CFR 300.148. 

Prior to having a due process hearing, the party requesting the hearing, or the party's attorney, 

shall provide the opposing party a due process complaint, which shall remain confidential, 

specifying: (20 USC 1415(b); 34 CFR 300.508; Education Code 56502) 

1. The student's name 

2. The student's address or, in the case of a student identified as homeless pursuant to 42 USC 

11434, available contact information for that student (cf. 6173 - Education for Homeless Children) 

IX.C.3


Instruction AR 6159.1(e) 


3. The name of the school the student attends 

4. A description of the nature of the student's problem relating to the proposed or refused 

initiation or change, including facts relating to the problem 

5. A proposed resolution to the problem to the extent known and available to the complaining 

party at the time 

Parties filing a due process complaint shall file their request with the Superintendent of Public 

Instruction or designated contracted agency. (Education Code 56502) 

District's Response to Due Process Complaints 

If the district has sent prior written notice to the parent/guardian regarding the subject matter of 

the parent/guardian's due process complaint, the district shall, within 10 days of receipt of the 

complaint, send a response specifically addressing the issues in the complaint. (20 USC 1415(c)(1); 

34 CFR 300.508) 

If the district has not sent a prior written notice to the parent/guardian regarding the subject 

matter contained in the parent/guardian's due process complaint, the district shall send a response 

to the parent/guardian within 10 days of receipt of the complaint containing: (20 USC 1415(c)(1); 

34 CFR 300.508): 

1. An explanation of why the district proposed or refused to take the action raised in the complaint 

2. A description of other options that the IEP team considered and the reasons that those options 

were rejected 

3. A description of each evaluation procedure, assessment, record, or report the district used as 

the basis for the proposed or refused action 

4. A description of the factors that are relevant to the district's proposal or refusal 

Upon the filing of a due process complaint by either party or upon request of the parent/guardian, 

the district shall inform the parent/guardian of any free or low-cost legal and other relevant 

services available in the area. (34 CFR 300.507) 

Informal Process/Pre-Hearing Mediation Conference 

Prior to or upon initiating a due process hearing, the Superintendent or designee and a 

parent/guardian may, if the party initiating the hearing so chooses, agree to meet informally to 

resolve any issue(s) relating to the identification, assessment, education and placement, or 

provision of FAPE for a student IX.C.3


Instruction AR 6159.1(f) 


with disabilities. The Superintendent or designee shall have the authority to resolve the issue(s). In 

addition, either party may file a request with the Superintendent of Public Instruction for a 

mediation conference to be conducted by a person under contract with the California Department 

of Education. (Education Code 56502) 

If resolution is reached that resolves the due process issue(s), the parties shall enter into a legally 

binding agreement that satisfies the requirements of Education Code 56500.3. (Education Code 

56500.3) 

Attorneys may attend or otherwise participate only in those mediation conferences that are 

scheduled after the filing of a request for due process hearing. (Education Code 56500.3, 56501) 


adopted: San Jose, California 

IX.C.3






SUBJECT: Deletion of Administrative Regulation 6164.4 – Instruction – 

Identification of Individuals for Special Education (1 st 

Reading) (INFORMATIONAL) 

INFORMATIONAL: That the Board of Education review and consider the deletion of 

Administrative Regulation 6164.4 – Instruction – Identification of 

Individuals for Special Education and vote to approve the deletion 

of the Regulation at the September 24, 2009 Board meeting. 




Prepared by, 



Approved by, 



IX.C.4



Identification of Individuals for Special Education 

A student shall be referred for special educational instruction and services only after the resources of the 

regular education program have been considered and used where appropriate. (Education Code 56303) 

All referrals from school staff shall include a brief reason for the referral and describe the regular 

program resources that were considered and/or modified for use with the student, and their effect. (5 

CCR 3021) 

Within 15 days of a referral for assessment, the student's parent/guardian shall receive a notice of 

parental rights and a written proposed assessment plan explaining the types of assessments to be 

conducted and stating that no individualized education program (IEP) will result from the assessment 

without parental consent. The 15-day period does not include days between the student's regular school 

session or term or days of school vacation in excess of five school days unless, the parent/guardian 

agrees in writing to an extension. (Education Code 56321) 

Upon receiving the proposed assessment plan, the parent/guardian shall have at least 15 days to decide 

whether or not to consent to the assessment. The assessment may begin as soon as informed parental 

consent is given. (Education Code 56321; 34 CFR 300.505) 

Informed parental consent means that the parent/guardian: (34 CFR 300.500) 

1. Has been fully informed of all information relevant to the activity for which consent is sought, in 

his/her native language or other mode of communication 

2. Understands that the granting of consent is voluntary on the part of the parent/guardian and may be 

revoked at any time 


(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education) 

Personnel assessing the student shall prepare a written report of assessment results which specifies: 

(Education Code 56327) 

1. Whether the student may need special education and related services 

2. The basis for making this determination 

3. Relevant behavior noted while observing the student in an appropriate setting 

4. The relationship of the student's behavior to his/her academic and social functioning 

5. Educationally relevant health, development and medical findings, if any 

IX.C.4



Identification of Individuals for Special Education 

6. For students with learning disabilities, whether the discrepancy between achievement and ability 

cannot be corrected without special education and related services 

7. Where appropriate, a determination concerning the effects of environmental, cultural or economic 

disadvantage 

8. The need for specialized services, materials and equipment for students with low incidence 

disabilities, consistent with California Department of Education guidelines 

The parent/guardian shall receive written notice that: (Education Code 56329; 34 CFR 300.502)) 

1. Upon completion of the administration of tests and other assessment materials, an IEP team meeting 

that includes the parent/guardian or his/her representative shall be scheduled pursuant to Education Code 

56341. At this meeting, the team shall determine whether or not the student is a student with disabilities 

as defined in Education Code 56026 and shall discuss the assessment, the educational recommendations 

and the reasons for these recommendations. A copy of the assessment report shall be given to the 

parent/guardian. 

2. If the parent/guardian disagrees with an assessment obtained by the district, a parent/guardian has the 

right to obtain, at public expense, an independent educational assessment of the student from qualified 

specialists, as defined by district regulations. 

However, the district shall, without unnecessary delay, either initiate a state due process hearing to show 

that its assessment is appropriate or pay for an independent educational evaluation. If this hearing results 

in a decision that the district's assessment is appropriate, the parent/guardian still has the right to obtain 

an independent education assessment, but not at public expense. The results of an assessment obtained at 

private expense must be considered by the district and may be presented as evidence at a due process 

hearing. 

Students with disabilities shall be reassessed at least every three years, or more frequently if conditions 

warrant a reassessment or if requested by the parent/guardian or teacher. (Education Code 56381) 

Before entering kindergarten or first grade, children with disabilities who are in a preschool program 

shall be reassessed to determine if they still need special education and services. IEP teams shall identify 

a means of monitoring the continued success of children who are determined to be eligible for less 

intensive special education programs. (Education Code 56445) 



IX.C.4






SUBJECT: New Administrative Regulation 6164.4 – Instruction – Identification 

of Individuals for Special Education (1 st Reading) 


INFORMATIONAL: That the Board of Education review and consider the new Administrative 

Regulation 6164.4 – Instruction – Identification of Individuals for Special 

Education and vote to approve the new Regulation at the September 24, 

2009 Board meeting. 


Regulation that staff recommend that the current AR 6164.4 be deleted 

and a new Regulation be considered for approval. 

Prepared by, 



Approved by, 



IX.C.5



Referrals for Special Education Services 

A student shall be referred for special education instruction and services only after the resources 

of the regular education program have been considered and used where appropriate. (Education 

Code 56303) 

All referrals from school staff for special education and related services shall include a brief 

reason for the referral and description of the regular program resources that were considered 

and/or modified for use with the student and their effect. (5 CCR 3021) 

Initial Evaluation for Special Education Services 

Before the initial provision of special education and related services to a student with a disability, 

the district shall conduct a full and individual initial evaluation of the student. (34 CFR 300.301; 

Education Code 56320) 

Upon receipt of a referral of any student for special education and related services, a proposed 

evaluation plan shall be developed within 15 days, not counting days between the student's regular 

school sessions or terms or days of school vacation in excess of five school days, unless the 

parent/guardian agrees, in writing, to an extension. If the referral is made within 10 days or less 

prior to the end of the student's regular school year or term, the proposed evaluation plan shall be 

developed within 10 days after the beginning of the next regular school year or term. (Education 

Code 56043, 56321) 

The proposed evaluation plan shall meet all of the following requirements: (Education Code 

56321) 

1. Be in a language easily understood by the general public 

Note: 34 CFR 300.29 defines "native language" as the language normally used by the individual 

and, for a child, the language regularly used in the home environment. 

2. Be provided in the native language of the parent/guardian or other mode of communication 

used by the parent/guardian unless it is clearly not feasible. 

3. Explain the types of evaluation to be conducted 

4. State that no individualized education program (IEP) will result from the evaluation without 

parent/guardian consent 


IX.C.5




Prior to conducting an initial evaluation, the district shall provide the parent/guardian with prior 

written notice in accordance with 34 CFR 300.503. In addition, as part of the evaluation plan, the 

parent/guardian shall receive written notice that includes all of the following information: (34 

CFR 300.304, 300.504; Education Code 56329) 

1. Upon completion of the administration of tests and other evaluation materials, an IEP team 

meeting that includes the parent/guardian or his/her representative shall be scheduled pursuant to 

Education Code 56341. At this meeting, the team shall determine whether or not the student is a 

student with disabilities, as defined in Education Code 56026, and shall discuss the evaluation, the 

educational recommendations, and the reasons for the recommendations. 

2. When making a determination of eligibility for special education, the district shall not 

determine that a student is disabled if the primary factor for such determination is lack of 

appropriate instruction in reading, including the essential components of reading instruction as 

defined in 20 USC 6368 of the No Child Left Behind Act, lack of appropriate instruction in 

mathematics, or limited English proficiency. 

3. A copy of the evaluation report and the documentation of determination of eligibility shall be 

given to the parent/guardian. 

4. If a parent/guardian disagrees with an evaluation obtained by the district, the parent/guardian 

has the right to obtain, at public expense, an independent educational evaluation of the student 

from qualified specialists, in accordance with 34 CFR 300.502. A parent/guardian is entitled to 

only one such evaluation at public expense each time the district conducts an assessment with 

which the parent/guardian disagrees. 

If the district observed the student in conducting its evaluation, or if its evaluation procedures 

make it permissible to have in-class observation of a student, an equivalent opportunity shall 

apply to the independent educational evaluation. This equivalent opportunity shall apply to the 

student's current placement and setting as well as observation of the district's proposed placement 

and setting, if any, regardless of whether the independent educational evaluation is initiated 

before or after the filing of a due process hearing proceeding. 

5. The district may initiate a due process hearing pursuant to Education Code 56500-56508 to 

show that its evaluation is appropriate. If the final decision resulting from the due process hearing 

is that the evaluation is appropriate, the parent/guardian maintains the right for an independent 

educational evaluation, but not at public expense. 

If the parent/guardian obtains an independent educational evaluation at private expense, the 

results of the evaluation shall be considered by the district with respect to the provision of a free 

appropriate public education (FAPE) to the student, and may be presented as evidence at a due 

process hearing regarding the student. If the district observed the student in conducting its IX.C.5


Instruction AR 6164.4(c) 


evaluation, or if its evaluation procedures make it permissible to have in-class observation of a 

student, an equivalent opportunity shall apply to an independent educational evaluation of the 

student in the student's current educational placement and setting, if any, proposed by the district, 

regardless of whether the independent educational evaluation is initiated before or after the filing 

of a due process hearing. 

6. If a parent/guardian proposes a publicly financed placement of the student in a nonpublic 

school, the district shall have an opportunity to observe the proposed placement and the student in 

the proposed placement, if the student has already been unilaterally placed in the nonpublic 

school by the parent/guardian. Any such observation shall only be of the student who is the 

subject of the observation and shall not include the observation or evaluation of any other student 

in the proposed placement unless that other student's parent/guardian consents to the observation 

or evaluation. The results of any observation or evaluation of another student in violation of 

Education Code 56329(d) shall be inadmissible in any due process or judicial proceeding 

regarding FAPE of that other student. 


(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education) 

(cf. 6164.41 - Children with Disabilities Enrolled by their Parents in Private School) 

Parent/Guardian Consent for Evaluations 

Note: Pursuant to 34 CFR 300.301 and Education Code 56344, the district must first obtain i 

Upon receiving the proposed evaluation plan, the parent/guardian shall have at least 15 days to 

decide whether or not to consent to the initial evaluation. The district shall not interpret 

parent/guardian consent for initial evaluation as consent for initial placement or initial provision 

of special education services. (34 CFR 300.300, 34 CFR 300.301; Education Code 56320, 56321) 

Informed parental consent means that the parent/guardian: (34 CFR 300.9) 

1. Has been fully informed, in his/her native language or other mode of communication, of all 

information relevant to the activity for which consent is sought 

2. Understands and agrees, in writing, to the carrying out of the activity for which his/her consent 

is sought and the consent describes that activity and lists the records (if any) that will be released 

and to whom 

3. Understands that the granting of consent is voluntary on his/her part and may be revoked at 

any time IX.C.5




4. Understands that if he/she revokes consent, that revocation is not retroactive (i.e., it does not 

negate an action that has occurred after the consent was given and before the consent was 

revoked) 

The district shall make reasonable efforts to obtain the informed consent of the parent/guardian 

for an initial evaluation or reevaluation of a student. The district shall maintain a record of its 

attempts to obtain consent, including: (34 CFR 300.300, 300.322; Education Code 56321, 56341.5) 

1. Detailed records of telephone calls made or attempted and the results of those calls 

2. Copies of correspondence sent to the parent/guardian and any responses received 

3. Detailed records of visits made to the parent/guardian's home or place of employment and the 

results of those visits 

If a parent/guardian refuses to consent to the initial evaluation or fails to respond to a request to 

provide consent, the district may, but is not required to, pursue an evaluation by utilizing the 

procedural safeguards, including the mediation and due process procedures pursuant to 20 USC 

1415 and 34 CFR 300.506-300.516. (34 CFR 300.300; Education Code 56321) 

For a student who is a ward of the state and not residing with his/her parent/guardian, the district 

may conduct an initial evaluation without obtaining informed consent if any of the following 

situations exists: (20 USC 1414; 34 CFR 300.300; Education Code 56321.1) 

1. Despite reasonable efforts to do so, the district cannot discover the whereabouts of the 

parent/guardian of the student. 

2. The rights of the parent/guardian of the student have been terminated in accordance with 

California law. 

3. The rights of the parent/guardian to make educational decisions have been subrogated by a 

judge in accordance with California law and consent for an initial evaluation has been given by an 

individual appointed by the judge to represent the student. 

(cf. 6159.3 - Appointment of Surrogate Parent for Special Education Students) 

The district need not obtain parent/guardian consent before reviewing existing data as part of an 

evaluation or administering a test or other evaluation that is administered to all students, unless 

consent is required from the parents/guardians of all students. (34 CFR 300.300; Education Code 

56321) 

IX.C.5


Instruction AR 6164.4(e) 


Conduct of the Evaluation 

The district shall complete the determination as to whether the student is a student with a 

disability, conduct the initial evaluation to determine his/her educational needs, and develop an 

IEP within 60 days of receiving informed parent/guardian consent for the evaluation. (34 CFR 

300.300, 34 CFR 300.301; Education Code 56344) 

The evaluation shall be conducted by qualified personnel who are competent to perform the 

assessment as determined by the district, county office of education, or special education local plan 

area (SELPA). (Education Code 56320, 56322) 

The screening of a student by a teacher or specialist to determine appropriate instructional 

strategies for curriculum implementation shall not be considered to be an evaluation for eligibility 

for special education and related services. (34 CFR 300.302) 

In conducting the evaluation, the district shall use a variety of assessment tools and strategies to 

gather relevant functional, developmental, and academic information about the student. The 

district shall also use any information provided by the parent/guardian that may assist the district 

in making the determination as to whether the student is a student with a disability and, if so, the 

necessary components of his/her IEP when the IEP is developed, including information related to 

enabling the student to be involved in and to progress in the general education curriculum. (34 

CFR 300.304) 

The district's evaluation shall not use any single measure or assessment as the sole criterion for 

determining whether a student is a student with a disability and for determining the appropriate 

educational program for the student. The assessment shall use technically sound instruments that 

may assess the relative contribution of cognitive and behavioral factors in addition to physical or 

developmental factors. (34 CFR 300.304) 

The district shall also ensure that assessments and other evaluation materials provide relevant 

information that directly assists persons in determining the student's educational needs and are: 

(34 CFR 300.304; Education Code 56320) 

1. Selected and administered so as not to be discriminatory on a racial, cultural, or sexual basis 

2. Provided and administered in the language and form most likely to yield accurate information 

on what the student knows and can do academically, developmentally, and functionally, unless it is 

clearly not feasible to so provide or administer 

3. Used for the purposes for which the assessments or measures are valid and reliable IX.C.5


Instruction AR 6164.4(f) 


4. Administered by trained and knowledgeable personnel 

5. Administered in accordance with any instructions provided by the producer of the assessments 

6. Tailored to assess specific areas of educational need and not merely designed to provide a single 

general intelligence quotient 

7. If administered to a student with impaired sensory, manual, or speaking skills, selected and 

administered to best ensure that the results accurately reflect the student's aptitude or 

achievement level or whatever other factors the test purports to measure 

Note: AB 1663 (Ch. 454, Statutes of 2007) amended Education Code 56320 to conform to federal 

law, as specified below. 

Students shall be assessed in all areas related to the suspected disability, including, if appropriate, 

health and development, vision (including low vision), hearing, motor abilities, language function, 

general intelligence, academic performance, communicative status, self-help, orientation and 

mobility skills, career and vocational abilities and interests, and social and emotional status. When 

appropriate, a developmental history shall be obtained. The district shall ensure that the 

evaluation is sufficiently comprehensive to identify all of the student's special education and 

related service needs, whether or not commonly linked to the disability category in which the 

student has been classified. (34 CFR 300.304; Education Code 56320) 

As part of the initial evaluation and any reevaluation, the IEP team and other qualified 

professionals shall, if appropriate, review existing evaluation data on the student, including 

evaluations and information provided by the parents/guardians; current classroom-based local or 

state assessments and classroom-based observations; and observations by teachers and related 

services providers. On the basis of that review and input from the student's parent/guardian, the 

team shall identify what additional data, if any, are needed to determine: (34 CFR 300.305; 


1. Whether the student is a student with a disability, or in the case of a reevaluation, whether the 

student continues to have a disability, and the educational needs of the student 

2. The present levels of academic achievement and related developmental needs of the student 

3. Whether the student needs, or continues to need, special education and related services 

4. Whether any additions or modifications to the special education and related services are needed 

to enable the student to meet the measurable annual goals set out in his/her IEP and to 

participate, as appropriate, in the general education curriculum IX.C.5

Board Agenda Backup - September 10, 2009 Page 100 

Instruction AR 6164.4(g) 


If a student has transferred from another district in the same school year or leaves this district, 

the district shall coordinate with the student's prior or subsequent district as necessary and as 

expeditiously as possible to ensure prompt completion of full evaluations. (34 CFR 300.304) 

Eligibility Determination 

Upon completion of the administration of assessments and other evaluation measures, a group of 

qualified professionals and the parent/guardian shall determine whether the student is a student 

with a disability and, if so, his/her educational needs. In interpreting the data, the group shall 

draw information from a variety of sources, including aptitude and achievement tests, parentguardian 

input, and teacher recommendations, as well as information about the student's physical 

condition, social or cultural background, and adaptive behavior. The group shall ensure that the 

information obtained from these sources is documented and carefully considered. (34 CFR 

300.306) 

The personnel who evaluate the student shall prepare a written report of the results of each 

evaluation. The report shall include, but not be limited to, the following: (Education Code 56327) 

1. Whether the student may need special education and related services 

2. The basis for making the determination 

3. The relevant behavior noted during the observation of the student in an appropriate setting 

4. The relationship of that behavior to the student's academic and social functioning 

5. The educationally relevant health, developmental, and medical findings, if any 

6. For students with learning disabilities, whether there is such a discrepancy between 

achievement and ability that it cannot be corrected without special education and related services 

7. A determination concerning the effects of environmental, cultural, or economic disadvantage, 

where appropriate 

8. The need for specialized services, materials, and equipment for students with low incidence 

disabilities, consistent with Education Code 56136 

When making a determination of eligibility for special education and related services, the district 

shall not determine that a student is disabled if the primary factor for such determination is a lack 

of appropriate instruction in reading, including the essential components of reading instruction 

pursuant to 20 USC 6368 of the No Child Left Behind Act, lack of instruction in mathematics, 

limited English proficiency, or that the student does not otherwise meet the eligibility criteria. 

IX.C.5


Instruction AR 6164.4(h) 


(34 CFR 300.306; Education Code 56329) 

If a determination is made that a student has a disability and needs special education and related 

services, an IEP shall be developed within a total time not to exceed 60 days, not counting days 

between the student's regular school sessions or terms or days of school vacation in excess of five 

school days, from the date of the receipt of the parent/guardian's consent for evaluation, unless the 

parent/guardian agrees, in writing, to an extension. (34 CFR 300.306; Education Code 56043) 

Independent Educational Evaluation 

The parents/guardians of a student with a disability have the right to obtain an independent 

educational evaluation at public expense under the same criteria that the district uses for a 

district-initiated evaluation. An independent educational evaluation is an evaluation conducted by 

a qualified examiner who is not employed by the district. Public expense means the district either 

pays for the full cost of the independent educational evaluation or ensures that the evaluation is 

otherwise provided at no cost to the parent/guardian. (34 CFR 300.502; Education Code 56329) 

The parent/guardian is entitled to only one independent educational evaluation at public expense 

each time the district conducts an evaluation with which the parent/guardian disagrees. (34 CFR 

300.502; Education Code 56329) 

If a parent/guardian has requested an independent educational evaluation, the district may ask 

for a reason that he/she objects to the district's evaluation. However, the parent/guardian is not 

required to provide the reason to the district. (34 CFR 300.502) 

Upon receiving the request for an independent educational evaluation, the district shall, without 

unnecessary delay, either: (34 CFR 300.502) 

1. File a due process complaint to request a hearing to show that its evaluation is appropriate 

2. Ensure that an independent evaluation is provided at public expense, unless the district can 

later demonstrate at a hearing that the evaluation obtained by the parent/guardian did not satisfy 

the district's criteria 

If a due process hearing decision determines that the district's evaluation is appropriate, then the 

parent/guardian may obtain an independent evaluation but not at public expense. (34 CFR 

300.502) 

The results of an independent evaluation obtained by the parent/guardian, whether at public or 

private expense, shall be considered by the district if it meets district criteria in any decision made 

with respect to FAPE and may be presented as evidence at a hearing on a due process complaint. 

(34 CFR 300.502) IX.C.5


Instruction AR 6164.4(i) 


Reevaluation 

A reevaluation shall be conducted when the district determines that the educational or related 

service needs of the student, including improved academic achievement and functional 

performance, warrant a reevaluation or if the student's parent/guardian or teacher requests 

reevaluation. Such reevaluations shall occur every three years, unless the parent/guardian and 

district agree in writing that a reevaluation is unnecessary. A reevaluation may not occur more 

than once a year, unless the parent/guardian and the district agree otherwise. (34 CFR 300.303; 

Education Code 56043, 56381) 

The district shall ensure that any reevaluations of the student are conducted in accordance with 

the evaluation procedures pursuant to 34 CFR 300.304-300.311. (34 CFR 300.303) 

Before entering kindergarten or first grade, children with disabilities who are in a preschool 

program shall be reevaluated to determine if they still need special education and services. IEP 

teams shall identify a means of monitoring the continued success of children who are determined 

to be eligible for less intensive special education programs to ensure that gains made are not lost 

by a rapid removal of individualized programs and supports for these children. (Education Code 

56445) 

Parent/Guardian Revocation of Consent for Continued Provision of Services 

If at any time subsequent to the initial provision of services, the student's parent/guardian revokes 

consent, in writing, for the continued provision of special education services, the Superintendent 

or designee shall provide prior written notice within a reasonable time before ceasing to provide 

services to the student. The district shall not request a due process hearing or pursue mediation in 

order to require an agreement or ruling that services be provided to the student. (34 CFR 300.300, 

300.503) 

Prior to the discontinuation of services, the Superintendent or designee may offer to meet with the 

parents/guardians to discuss concerns for the student's education. However, this meeting shall be 

voluntary on the part of the parent/guardian and shall not delay the implementation of the 

parent/guardian's request for discontinuation of services. In addition, the Superintendent or 

designee shall send a letter to the parent/guardian confirming the parent/guardian's decision to 

discontinue all services. 

Once the district has ceased providing special education services in response to the 

parent/guardian's revocation of consent, the student shall be classified as a general education 

student. 


Approved: San Jose, California 

IX.C.5






SUBJECT: Community Advisory Committee for Special Education (CAC-SE) 

SELPA IV. (ACTION) 

REQUESTED ACTION: That the Board of Education approve the following persons who have 

been voted by the membership of the CAC-SE to serve as members of the 

Community Advisory Committee for a two year term starting June 2009 

and ending June 2011. The members to serve for the CAC-SE from June 

2009 through June 2011 are: Carrie Champion, Christine Conley, Alice 

Nunez, Dottie Myers and Vanessa Wallace. 

BACKGROUND: The purpose of the Community Advisory Committee for Special 

Education (CAC-SE) shall be to act in support of individuals of Special 

Education programs by representing broad interests in the community 

and promoting maximum interaction of parents, students, and community 

members with the Department of Special Education San Jose Unified 

School District. 

Prepared by, 



Approved by, 



IX.C.6






SUBJECT: Independent Contractor Agreement with Bay Area After-School All- 

Stars (ACTION) 


Agreement with Bay Area After School All-Stars in an amount not to 

exceed $1,219,182.65 to operate San Jose After School Education and 

Safety (ASES) programs at Gardner, Grant, Horace Mann, Lowell, Trace 

and Bachrodt Elementary Schools and Hoover, Burnett, River Glen and 

Willow Glen Middle Schools during the 2009-10 school year. 

BACKGROUND: San Jose Unified School District, in collaboration with Bay Area After 

School All-Stars, will provide Homework Centers, enrichment, 

sports/recreation and service learning. Teachers and trained staff help 

children with homework, tutor them in various academic subjects and 

provide guidance in areas where assistance is needed. Specific 

educational programs include technology-related curriculum, literacy, 

science, mathematics and English as a Second Language. This amount 

reflects the net dollars received by the agency. 

BUDGET SOURCE: California Department of Education After School Education and Safety 

(ASES) Grant [061] 

Prepared by, 

Karen Fuqua, Manager 

Public Relations and Community Development 

Approved by, 


Educational Accountability/Community Development 

IX.D.1






SUBJECT: Amendment to Board Policy 5125 – Students – Student Records 

(1st Reading) (INFORMATIONAL) 


amendment to Board Policy 5125 – Students – Student Records to 

reflect changes in the law and vote to approve the amendment to the 

Policy at the September 24, 2009 meeting. 

BACKGROUND: Additions and omissions are in compliance with the California 

Department of Education. Additions/changes to Board Policy 5125 

are printed in bold type and omissions are indicated with strike 

through. 

Prepared by, 



Approved by, 



IX.D.2


Students BP 5125 (a) 

STUDENT RECORDS 

The Governing Board recognizes the importance of keeping accurate, comprehensive student records as 

required by law. The Superintendent or designee shall ensure that the district’s administrative 

regulation and school site procedures for maintaining the confidentiality of student records are shall be 

consistent with state and federal law. 

The Superintendent or designee shall establish regulations governing the identification, description, and 

security of student records, as well as timely access for authorized persons. These regulations shall 

ensure parental rights to review, inspect, and copy student records and shall protect the student his/her 

and the student’s family from invasion of privacy. 

(cf. 3580 – District Records) 

(cf. 4040 – Employee Use of Technology) 

(cf. 5125.1 – Release of Directory Information) 

(cf. 5125.2 – Withholding Grades, Diploma or Transcripts) 

(cf. 5125.3 – Challenging Student Records) 

The Superintendent or designee shall designate a certificated employee to serve as custodian of records, 

with responsibility for student records at the district level. At each school, the principal or a certificated 

designee shall act as custodian of records for students enrolled at that school. The custodian or records 

shall be responsible for implementing Board Policy and Administrative Regulation regarding student 

records. (5 CCR 431) 



48201 Student records for transfer student who have been suspended/expelled 

48904 – 48904.3 Withholding grades, diplomas, or transcripts of pupils causing property 

damage or injury; transfer of pupils to new school districts; notice to rescind decision to 

withhold 

48918 Rules governing expulsion procedures 

49060 – 59079 Student pupil records 

49091.14 Parental review of curriculum 

51747 Independent student programs 

56050 Surrogate parents 

56055 Foster parents 

CODE OF CIVIL PROCEDURE 

1985.3 Subpoena duces tecum 

FAMILY CODE 

3025 Access to records by non-custodial parents 

GOVERNMENT CODE 

6252 – 6260 Inspection of public records 

IX.D.2


Students BP 5125 (b) 



HEALTH Welfare AND Institution SAFETY CODE 

120440 Immunizations; disclosure of information 

WELFARE AND INSTITUTIONS CODE 

681 Truancy petitions 

16010 Health and education records of a minor 


430- 438 Individual student pupil records 

16020 – 16027 Destruction of records of school districts 


1232g Family Education Rights and Privacy Act 


99.1 – 99.67 Family Educational Rights and Privacy 

300.500 Definition of “personally identifiable” 

300.501 Opportunity to examine records for parents of student with disability 

300.573 Destruction of information 


FEDERAL REGISTER 

Final Rule and Analysis of Comments and Changes, Family Educational Rights and Privacy 

December 9, 2008, Vol. 73, No. 237, pages 74806 – 74855 

U.S. DEPARTMENT OF EDUCATION PUBLICATIONS 

Joint Guidance on the Application of FERPA and HIPAA to Student Health Records, 

November 2008 

WEB SITES 

California Department of Education: http://www/cde/ca/gov 

U.S. Department of Education, Family Policy Compliance Office 

http://www.ed.gov/policy/gen/guid/fpco/index.html 


Adopted: September 20, 2001 San Jose, California 

Revised: November 18, 2004 San Jose, California 

Revised: San Jose, California 

IX.D.2






SUBJECT: Amendment to Administrative Regulation 5125.1 – Students – 

Student Records (1st Reading) (INFORMATIONAL) 

INFORMATIONAL: That the Board of Education review and consider the proposed amendment 

to Administrative Regulation 5125.1 – Students – Student Records to 

reflect changes in the law and vote to approve the amendment to the 

Regulation at the September 24, 2009 meeting. 

BACKGROUND: Additions and omissions are in compliance with the California 

Department of Education. Additions/changes to Administrative 

Regulation 5125.1 are printed in bold type and omissions are indicated 

with strike through. 

Prepared by, 



Approved by, 



IX.D.3

Board Agenda Backup - September 10, 2009 Page 109 

Students AR 5125.1(a) 


Definition 

Directory information shall not be released regarding any student whose parent/guardian notifies the 

district in writing that such information may not be disclosed. (Education Code 49073) means 

information contained in an education record of a student that would not generally be considered 

harmful or an invasion of privacy if disclosed. Such student information includes: (34 CFR 99.3; 


1. Name 

2. Address 

3. Telephone number 

4. Email address 

5. Date and place of birth 

6. Major field of study 

7. Participation record in officially recognized activities and sports 

8. Weight and height of athletic team members 

9. Dates of attendance 

10. Degrees and Awards received 

11. Most recent previous school attended 

A passive consent form will be published yearly in the San Jose Unified School District Student and 

Parent Information Handbook. Parents may request the following to be opted out: Prospective 

Employers, College, Newspapers and Military Recruiters. 

Based on its determination of the best interest of the student, the district may limit or deny the release of 

specific directory information to any public or private nonprofit organization. (Education Code 49073) 

Under no circumstances shall directory information be disclosed to a private profit-making entity other 

than employers, prospective employers, and representatives of the news media. Private schools and 

colleges may be given the names and addresses of 12 th grade students and students who are no longer 

enrolled provided they use this information only for purposed directly related to their institution’s 

academic or professional goals. (Education Code 49073) 

Student means any individual who is or has been in attendance at the district and regarding that 

the district maintains student records. (34 CFR 99.3) 

Attendance includes, but is not limited to, attendance in person or by paper correspondence, 

videoconference, satellite, Internet, or other electronic information and telecommunication 

technologies for students who are not physically present in the classroom, and the period during 

which a person is working under a work-study program. (34 CFR 99.3) 

IX.D.3

Board Agenda Backup - September 10, 2009 Page 110 

Students AR 5125.1 (b) 


Student records are any items of information (in handwriting, print, tape, film, computer or other 

medium) other than directory information gathered within or outside the district, that are directly related 

to an identifiable student and maintained by the district or required to be maintained by an employee in 

the performance of his/her duties, or maintained by a party acting for the district. Any information 

maintained for the purpose of second-party review is considered a student record. A student record may 

be recorded in handwriting, print, computer media, video or audiotape, film, microfilm, microfiche or by 

other means. 

Student records include the student’s health record. (34 CFR 99.3; Education Code 49061, 49062, 5 

CCR 430) 

Student records do not include: (34 CFR 99.3; Education Code 49061, 4962; 5 CCR 430) 

1. Directory information 

(cf 5125.1 – Release of Directory Information) 

2. Informal notes compiled by a school officer or employee which remain in the sole possession of 

the maker, are used only as a personal memory aid, and are not accessible or revealed to any 

other person except a substitute. 

3. Records of the law enforcement unit of the district, subject to the provisions of 34 CFR 99.8 

(cf 3515 – Campus Security) 

(cf 3515.3 District Police/Security Department) 

4. Records created or received by the district after an individual is no longer a student in 

attendance and that are not directly related to the individual’s attendance as a student. 

5. Grades on peer-graded papers before they are collected and recorded by a teacher 

Mandatory interim student records are those records, which the schools are directed to compile and 

maintain for stipulated periods of time and are then destroyed in accordance with state law, regulation, 

or administrative directive. (5 CCR 430) 

Mandatory permanent student records are those records which are maintained in perpetuity and which 

schools have been directed to compile by state law, regulation, or administrative directive. (5 CCR 430) 

Permitted student records are those records having clear importance only to the current educational 

process of the student. (5 CCR 430) 

Access means a personal inspection and review of a record, an accurate copy of a record or receipt of an 

accurate copy of a record, an oral description or communication of a record, and a request to release a 

copy of any record. (Education Code 49061) IX.D.3


Students AR 5125.1 (c) 


Disclosure means to permit access to, or the release, transfer or other communication of, personally 

identifiable information contained in education records, to any party except the party that provided or 

created the record, by any means including oral, written, or electronic. (34 CFR 99.3) 

Personally identifiable information includes but is not limited to: (34 CFR 99.3) 

1. The student’s name 

2. The name of the student’s parent/guardian or other family member 

3. The address of the student or student’s family 

4. A personal identifier, such as the student’s social security number, student number, and a list of 

personal characteristics or other information that would make the student’s identify easily 

traceable or biometric record (e.g. fingerprints, retina and iris patterns, voiceprints, CAN 

sequence, facial characteristics, and handwriting) 

5. Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s 

maiden name 

6. Other information that, alone or in combination, is linked or linkable to a specific student 

that would allow a reasonable person in the school community, who does not have personal 

knowledge of the relevant circumstances, to identify the student with reasonable certainty 

7. Information requested by a person who the district reasonably believes knows the identify 

of the student to whom the student record relates. 

Adult student is a person who is or was enrolled in school and who is at least 18 years of age. (5 CCR 

430) 

Parent/guardian means a natural parent, an adopted parent, legal guardian, surrogate parent, or foster 

parent. (Education Code 49061, 56050, 56055) 

For a former student, the district shall continue to honor any valid request to opt out of the 

disclosure of directory information made while the student was in attendance at the district, unless 

the opt-out request has been rescinded. (34 CFR 99.37) 

School officials and employees are officials or employees whose duties and responsibilities to the 

district, whether routine or as a result of special circumstances, require that they have access to student 

records. School officials and employees include contracts, consultants, volunteers, or other parties to 

whom the district has outsourced district functions and who perform services for which the district 

would otherwise use employees. 

A legitimate educational interest is one held by school officials and employees whose duties and 

responsibilities to the district, whether routine or as a result of special circumstances, require that they 

have access to student records. 

Custodian of records is the employee responsible for the security of student records maintained by the 

district and for devising procedures for assuring that access to such records is limited to authorized 

persons. (5 CCR 433) IX.D.3


Students AR 5125.1 (d) 


County placing agency means is the employee responsible for the security of student records maintained 

by the district and for devising procedures for assuring that access to such records is limited to 

authorized persons. (5 CCR 433) 

Persons Granted Access Without Prior Written Consent 

The following persons or agencies shall have absolute access to any and all student records in 

accordance with law: 

1. Parents/guardians of students younger than age 18 (Education Code 49069) 

Access to student records and information shall not be denied to a parent because he/she is not 

the child’s custodial parent. (Family Code 3025) 

2. An adult student age 18 or older or a student under the age of 18 who attends a postsecondary 

institution, in which case the student alone shall exercise rights related to his/her student records 

and grant consent for the release of records (34 CFR 99.3, 99.5) 

3. Any person, agency, or organization authorized in compliance with a court order or lawfully 

issued subpoena (Education Code 49077) 

Unless otherwise instructed by the court, the Superintendent or designee shall, prior to disclosing 

a record pursuant to a court order or subpoena, give the parent/guardian or adult student at least 

three days’ notice of the name of the requesting agency and the specific record requested, if 

lawfully possible within the requirements of the judicial order. (34 CFR 99.31; 5 CCR 435) 

In addition, the following persons or agencies shall have access to those particular records that are 

relevant to their legitimate educational interest: (34 CFR 99.31; Education Code 49076) 

1. Parents/guardians of a dependent student age 18 or older. 

2. Students who are age 16 or older or who have completed the 10 th grade 

3. School officials and employees (consistent with criteria defined by the district) 

4. Members of a school attendance review board (SARB) and any volunteer aide age 18 or older 

who has been investigated, selected, and trained by the SARB to provide follow-up services to a 

referred students. 

(cf. 5113.1 – Truancy) 

5. Officials and employees of other public schools, school systems, or postsecondary institutions 

where the student intends or is directed to enroll, including local, county, or state correctional 

facilities where educational programs leading to a high school graduation are provided, or where 

the student is already enrolled, as long as the disclosure is for purposes related to the 

student’s enrollment or transfer. IX.D.3


Students AR 5125.1 (e) 


When the district discloses personally identifiable information to officials of another school, 

school system, or postsecondary institution where the student seeks or intends to enroll, the 

Superintendent or designee shall make a reasonable attempt to notify the parent/guardian or adult 

student at his/her last known address, profile a copy of the record that is disclosed, and give the 

parent/guardian or adult student an opportunity or a hearing to challenge the record. (34 CFR 

99.34) 

6. Federal, state, and local officials, as needed for program audits or compliance with law 

7. Any district attorney who is participating in or conducting a truancy mediation program or 

participating in the presentation of evidence in a truancy petition or a prosecuting agency for 

consideration against a parent/guardian for failure to comply with compulsory education 

laws. 

8. Any probation officer or district attorney for the purposes of conducting a criminal investigation 

or an investigation in regards to declaring a person a ward of the court or involving a violation of 

a condition of probation 

9. Any judge or probation officer for the purpose of conducting a truancy mediation program for a 

student or for the purpose of presenting evidence in a truancy petition pursuant to Welfare and 

Institutions Code 681 

Upon releasing student information to a judge or probation officer in such cases, for the purpose 

of conducting a truancy mediation program or presenting evidence in a truancy petition, the 

Superintendent of designee shall inform, or provide written notification to, the student’s 

parent/guardian within 24 hours (Education Code 49076) 

10. Any county placing agency for the purpose of fulfilling educational case management 

responsibilities required by the juvenile court or by law pursuant to Welfare and Institutions 

Code 16010 and to assist with the school transfer or enrollment of a student. 

(cf. 6173.1 – Education for Foster Youth) 

Foster family agencies with jurisdiction over currently enrolled or former students may access those 

students’ records of grades and transcripts and any individualized education program (IEP) developed 

and maintained by the district with respect to such students. (Education Code 4906.3) 

(cf. 6159 – Individualized Education Program) 

When authorized by law to assist law enforcement in investigations of suspected kidnapping, the 

Superintendent or designee shall provide information about the identity and location of the student as it 

relates to the transfer of that student’s records to another public school district or California private 

school within the state. The information shall be released only to designated peace officers, federal 

criminal investigators, and federal law enforcement officers whose names have been submitted in 

writing by their law enforcement agency in accordance with the procedures specified in Education 

Code 49076.5. (Education Code 49076.5) IX.D.3


Students AR 5125.1 (f) 


The Superintendent or designee may release information from a student’s records to the following: (34 

CFR 99.31, 9936; Education Code 49076) 

1. Appropriate persons, including parents/guardians of a student, in an emergency, if the health and 

safety of the student or other persons are at stake 

2. Accrediting associations 

3. Under the conditions specified in Education Code 49076 and 34 CFR 9931, organizations 

conducting students on behalf of educational institutions or agencies for the purpose of 

developing, validating, or administering predictive 

tests, administering student aid programs, or improving instruction, proved that: 

a. The study is conducted in a manner that does not permit personal identification of 

parents/guardians and students by individuals other than representatives of the 

organization who have legitimate interests in the information. 

b. The information is destroyed when no longer needed for the purposes for which the 

student is conducted. 

c. The district interests into a written agreement with the organization that includes 

the information in 34 CFR 99.31. 

4. Officials and employees of private schools or school systems where the student is enrolled or 

intends to enroll 

5. Agencies or organizations in connection with the student’s application for or receipt of financial 

aid 

However, information permitting the personal identifications of a student or his/her 

parents/guardians for these purposes may be disclosed only as may be necessary to determine the 

eligibility of the student for financial aid, determine the amount of financial aide, determine the 

conditions which will be imposed regarding the financial aid, or enforce the terms of conditions 

of the financial aid. 

6. County elections officials for the purpose of identifying students eligible to register to vote and 

offering such students as opportunity to register 

(cf. 1400 Relations between other governmental agencies and the schools) 

The Superintendent or designee may release information specified in law regarding a student’s 

immunization record to local health departments operating countywide or 

regional immunization information and reminder systems and the state California Department of Public 

Health services. The following information may be released Prior to releasing such information; the 

Superintendent or designee shall notify the 

parent/guardian of his/her rights in accordance with law. (Health and Safety Code 120440) 

IX.D.3


Students AR 5125.1 (g) 


Persons Granted Access With Prior Written Consent 

Persons, agencies, or organizations not afforded access rights by law may be granted access only 

through written permission of the parent/guardian or adult student, or by judicial order. (Education Code 

49075) 

Only a parent/guardian having legal custody of the student may consent to the release of records to 

others. Either parent may grant consent if both parents notify the district, in writing, that such an 

agreement has been made. (Education Code 49061) 

(cf. 5021 – Non-custodial Parents) 

Any person or agency granted access is prohibited from releasing information to another person or 

agency without written permission from the parent/guardian or adult student (Education Code 49076) 

Access to records by authorized persons 

Student records shall be maintained in a central file at the school attended by the student or, when 

records are maintained in different locations, a notation shall be placed in the 

central file indicating where other records may be found. Parents/guardians shall be notified of the 

location of student records if not centrally located. (Education Code 49069; 5 CCR 433) 

The custodian of records shall be responsible for the security of student records and shall assure that 

access is limited to authorized persons. (5 CCR 433) 

The custodian of records shall develop reasonable methods, including physical, technological, and 

administrative controls, to ensure that school officials and employees obtain access to only those 

student records in which they have legitimate educational interests. (34 CFR 99.31) 

To inspect, review, or obtain copies of student records, authorized persons shall submit a request to the 

custodian of records. For those individuals for whom the law requires that access be granted based 

on a legitimate educational interest, the request shall specify such interest involved. Prior to 

granting the request, the custodian of records shall authenticate the individual’s identify. 

When prior written consent is required by law, the parent/guardian shall provide a signed and 

dated written consent before the district discloses the student record. 

Such consent may be given through electronic means in those cases where it can be authenticated. 

The district’s consent form shall specify the records that may be disclosed, state the purpose of the 

disclosure, and identify the party or class of parties to whom the disclosure may be made. Upon 

request by the parent/guardian, the district shall provide him/her a copy of the records disclosed. 

(34 CFR 99.30) IX.D.3


Students AR 5125.1 (h) 


Within five business days following the date of request, a parent/guardian or other authorized 

person shall be granted access to inspect, review, and obtain copies of student records during regular 

school hours. (Education Code 49069) 

Qualified certificated personnel shall be available to interpret records when requested. (Education Code 

49069) 

The custodian of records shall be responsible for the security of student records and shall assure that 

access is limited to authorized persons. (5 CCR 433) 

The custodian of records or the Superintendent or designee shall prevent the alteration, damage, or loss 

of records during inspection. (5 CCR 435) 

Access Log 

A log shall be maintained for each student’s record, which lists all persons, agencies, or organizations 

requesting or receiving information from the records and the legitimate educational interest of the 

requester. (Education Code 49064) 

In every instance of inspection by persons who do not have assigned educational responsibility, the 

custodian of records shall make an entry in the log indicating the record inspected, the name of the 

person granted access, the reason access was granted, and the time and circumstances of inspection. (5 

CCR 435) 

The log does not need to include record of access by: (Education Code 49064) 

1. Parents/guardians or adult students 

2. Students who are 16 years of age or older or who have completed the 10 th grade 

3. Parties obtaining district-approved directory information 

(cf. 5125.1 – Release of directory information) 

4. Parties who provide written parental consent, in which case the consent notice shall be filed with 

the record pursuant to Education Code 49075 

5. School officials and employees who have a legitimate educational interest 

The log shall be accessible only to the parent/guardian, adult student, dependent adult student, student 

age who is 16 years or older or who has completed the 10 th grade, custodian or records, and certain 

state/federal officials. (Education Code 49064; 5 CCR 432) 

IX.D.3


Students AR 5125.1 (i) 


De-Identification of Records 

The Superintendent or designee may release information from a student record without prior 

consent of the parent/guardian or adult student after the removal of 

all personally identifiable information, provided that he/she has made a reasonable determination 

that the student’s identify is not personally identifiable, whether through single or multiple 

releases, and taking into account other reasonably available information. (34 CFR 99.31) 

The Superintendent or designee may release de-identified student data from education records for 

the purpose of educational research in accordance with the conditions specified in 34 CFR 99.31. 

Duplication of Student Records 

To provide copies of any student record, the district shall charge a reasonable fee not to exceed the 

actual cost of providing the copies. No charge shall be made for providing up to two transcripts or up to 

two verifications of various records for any former student. No charge shall be made to locate or retrieve 

any student record. (Education Code 49065) 

The Superintendent or designee shall set a fee and update the amount periodically if actual costs change. 

(cf 3260 – Fees and Charges) 

Prior to disclosing a record pursuant to a court order, the Superintendent or designee shall, unless 

otherwise instructed by the order, give the parent/guardian or adult student at least three days’ notice of 

the name of the requesting agency and the specific record requested if lawfully possible within the 

requirements of the judicial order. (5 CCR 435) 

If the district is planning to release a student’s immunization information to the county health 

department or state Department of Health Services, the Superintendent or designee shall inform the 

student’s parents/guardians of the following: (Health and Safety Code 120440) 

1. The type of information that will be shared 

2. The name and address of the agency with which the district will share the information 

3. That any shared information shall be treated as confidential and shall be used to share only 

with each other and, upon request, with health care providers, child care facilities, family child 

care homes, service providers for the Women, Infants, and Children (WIC) food program, 

county welfare departments, and health care plans. 

4. That the information may e used only to provide immunization services; to provide or facilitate 

third party payer payments for immunizations; to compile an disseminate statistical 

information on Immunization status on groups of people, without identifying the student. 

5. That the parent/guardian has the right to examine any immunization-related information shared 

in this manner and to correct any errors 

6. That the parent/guardian may refuse to allow this information to be shared IX.D.3


Students AR 5125.1 (j) 


Changes to Student Records 

No additions except routine updating shall be made to a student’s record after high school graduation or 

permanent departure without prior consent of the parent/guardian or adult student. (5 CCR 47) 

Only a parent/guardian having legal custody of the student or an adult student may challenge the content 

of a record or offer a written response to a record. (Education Code 49061) 


Retention and Destruction of Student Records 

All anecdotal information and assessment reports maintained as student records shall be dated 

and signed by the individual who originated the data. (5 CCR 431, 437) 

The following mandatory permanent student records shall be kept indefinitely: (5 CCR 432, 437) 

1. Legal name of student 

2. Date and place of birth and method of verifying birth date 

(cf. 5111 – Admission) 

3. Sex of student 

4. Name and address of parent/guardian or minor student 

a. Address of minor student if different from the above 

b. Annual verification of parent/guardian’s name and address and student’s residence 

(cf. 5111.1 – District Residency) 

(cf. 5111.12 – Residency Based on Parent/Guardian Employment) 

(cf. 5111.13 – Residency for Homeless Children) 

5. Entrance and departure dates of each school year and for any summer session or other extra 

session 

6. Subjects taken during each year, half-year, summer session, or quarter, and marks or credits 

given 

7. Verification of or exemption from required immunizations 

(cf. 5141.31 – Immunizations) 

8. Date of high school graduation or equivalent 

Mandatory interim student records, unless forwarded to another district, shall be maintained subject to 

destruction during the third school year following a determination that their usefulness has ceased or the 

student has left the district. These records include: (Education Code 48918, 51747; 5 CCR 432, 437, 

16027) 

1. Expulsion orders and the causes therefore 

(cf. 5144.1 – Suspension and Expulsion/Due Process) 

(cf. 5144.2 – Suspension and Expulsion/Due Process (Students with Disabilities)) 

IX.D.3


Students AR 5125.1 (k) 


2. A log identifying persons or agencies that request or receive information from the student record. 

3. Health information, including Child Health and Disability Prevention Program verification or 

waiver of the health screening for school entry. 

(cf. 5141.32 – Child Health and Disability Prevention Program Screening for School Entry) 

4. Information on participation in special education programs, including required tests, case studies, 

authorizations, and evidence of eligibility for admission or discharge 

(cf. 6159 – Individualized Education Program) 

(cf. 6164.4 – Identification and Evaluation of Individuals for Special Education) 

5. Language training records 

(cf. 6174 – Education for English Language Learners) 

6. Progress slips/notices required by Education Code 49066 and 49067 

7. Parental restrictions/stipulations regarding access to directory information 

8. Parent/guardian or adult student rejoinders to challenged records and to disciplinary action 

9. Parent/guardian authorization or denial of student participation in specific programs 

10. Results of standardized tests administered within the past three years 

(cf. 6162.51 – Standardized Testing and Reporting Program) 

(cf. 6162.52 – High School Exit Examination) 

11. Written findings resulting from an evaluation conducted after a specified number of missed 

assignments to determine whether it is in a student’s best interest to remain in independent 

study 

(cf. 6158 – Independent Study) 

Permitted student records may be destroyed six months after the student completes or withdraws from 

the educational program, including: (5 CCR 432, 437) 

1. Objective counselor and/or teacher ratings 

2. Standardized test results older than three years 

3. Routine disciplinary data 

(cf. 5144 – Discipline) 

4. Verified reports of relevant behavioral patterns 

5. All disciplinary notices 

6. Supplementary attendance records 

Records shall be destroyed in a way that assures they will not be available to possible public inspection 

in the process of destruction. (5 CCR 437) 

Transfer of Student Records 

If a student transfers into this district from any other school district or a private school, the 

Superintendent or designee shall inform the parent/guardian of his/her rights 

regarding student records, including the right to review, challenge, and receive a copy of student 

records. (Education Code 49068; 5 CCR 438) 

IX.D.3


Students AR 5125.1 (l) 


When a student transfers into this district from another district, the Superintendent or designee shall 

request that the student’s previous district provide any records, either 

maintained by that district in the ordinary course of business or received from a law enforcement 

agency, regarding acts committed by the transferring student that resulted in his/her suspension or 

expulsion. (Education Code 48201) 

(cf. 4158/4258/4358 – Employee Security) 

(cf. 5119 – Students Expelled from Other Districts) 

When a student transfers from this district to another school district or to a private school, the 

Superintendent or designee shall forward a copy of the student’s mandatory permanent record as 

requested by the other district or private school. The original record or a copy shall be retained 

permanently by this district. If the transfer is to another California public school, the student’s entire 

mandatory interim record shall also be forwarded. If the transfer is out of state or to a private school, the 

mandatory interim record may be forwarded. Permitted student records may be forwarded to any other 

district or private school. (Education Code 48918; 5 CCR 438) 

Upon receiving a request from a county placing agency to transfer a student in foster care out of a 

district school, the Superintendent or designee shall transfer the student’s records to the next educational 

placement within two business days. (Education Code 49069.5) 

(cf 6173.1 – Education for Foster Youth) 

All student records shall be updated before they are transferred. (5 CCR 438) 

Student records shall not be withheld from the requesting district because of any charges or fees owed 

by the student or parent/guardian. (5 CCR 438) 

If the district is withholding grades, diploma or transcripts from the student because of his/her damage 

or loss of school property, this information shall be sent to the requesting district along with the 

student’s records 

(cf 5125.2 – Withholding grades, diploma or transcripts) 

Notification of Parents/Guardians 

At the beginning of each school year, all parents/guardians shall be notified as to the categories of 

directory information the school or district plans to release and the recipients of the information. 

The notification shall also inform parents/guardians of their right to refuse to let the district 

designate any or all types of information as directory information and the period of time within 

which parent/guardian must notify the district in writing that he/she does not want a certain 

category of information designated as directory information. (34 CFR 99.37; Education Code 

49063,49073) IX.D.3


STUDENT RECORDS (continued) AR 5125.1 (m) 

(cf. 5125 – Student Records) 

(cf. 5145.6 Parental Notifications) 

The Superintendent or designee shall notify parents/guardians that they may request that the 

district not release the name, address, and telephone number of their child to military recruiters, 

employers, or institutions of higher education without prior written consent. (20 USC 7908) 

Parent/Guardian Consent 

Directory information shall not be released regarding any student whose parent/guardian notifies 

the district in writing that such information not be disclosed without the parent/guardian’s prior 

consent. (20 USC 1232g, 7908; Education Code 49073) 

If the district is withholding grades, diploma, or transcripts from the student because of his/her damage 

or loss of school property, this information shall be sent to the requesting district along with the 

student’s records. 

(cf. 5125.2 – Withholding Grades, Diploma or Transcripts) 

Notification of Parents/Guardians 

Upon any student’s initial enrollment, and at the beginning of each school year thereafter, the 

Superintendent or designee shall notify parents/guardians and eligible students, in writing, of their rights 

related to student records. Insofar as practicable, the district shall provide these notices in the student’s 

home language and shall effectively notify parents/guardians or eligible students who are disabled. (34 

CFR 99.7; Education Code 49063) 

(cf. 5145.6 Parental Notifications) 

The notice shall include information about: (34 CFR 99.7, 99.34; Education Code 49063) 

1. The types of student records kept by the district and the information contained therein 

2. The title(s) of official(s) responsible for maintaining each type of record 

3. The location of the log identifying those who request information from the records 

4. District criteria for defining school officials and employees and for determining legitimate 

educational interest 

5. District policies for reviewing and expunging student records 

6. The right to inspect and review student records and the procedures for doing so 

7. The right to challenge and the procedures for challenging the content of a student record that the 

parent/guardian or student believes to be inaccurate, misleading, or otherwise in violation of the 

student’s privacy rights 


8. The cost, if any, charged to duplicating copies of records 

9. The categories of information defined as directory information pursuant to Education Code 

49073 IX.D.3


Students AR 5125.1 (n) 


10. The right to consent to disclosures of personally identifiable information contained in the 

student’s records except when disclosure without consent is authorized by law 

11. The availability of the curriculum prospectus developed pursuant to Education Code 49091.14 

containing the titles, descriptions, and instructional aims of every course offered by the school 

(cf 5020 – Parent Rights and Responsibilities) 

12. Any other rights and requirements et forth in Education Code 49060-49078, and the right of 

parents/guardians to file a complaint with the United States Department of Education concerning 

an alleged failure by the district to comply with 20 USC 1232g 

13. A statement that the district forwards education records to other agencies or institutions that 

request the records and in which the student seeks or intends to enroll or is already enrolled as 

long as the disclosure is for purposes related to the student’s enrollment 

Administrative Regulation SAN JOSE UNIFIED SCHOOL DISTRICT 

Approved: September 20, 2001 San Jose, California 

Revised: November 18, 2004 San Jose, California 

Revised: San Jose, California 

IX.D.3






SUBJECT: Amendment to Administrative Regulation 6164.6 –Instruction 

– Identification and Education Under Section 504 (1 st Reading) 



amendment to Administrative Regulation 6164.6 –Instruction – 

Identification and Education Under Section 504 to reflect changes 

in the law and vote to approve the amendment to the Regulation at 

the September 24, 2009 Board meeting. 

BACKGROUND: Additions/changes to Administrative Regulation 6164.6 – 

Instruction – Identification and Education Under Section are 

printed in bold type and omissions are strike through. 

Prepared by, 

Melani Amaris, Manager 

Guidance 

Approved by, 

Donald V. McCloskey, Director 


Approved by, 



IX.D.4


Instruction AR 6164.6 (a) 

Identification and Education Under Section 504 

Definitions 

Free appropriate public education (FAPE) under Section 504 of the Rehabilitation Act of 1973 

means the provision of either regular or special education and related aids and services, designed 

to meet the student's individual educational needs as adequately as the needs of nondisabled 

students are met. (34 CFR 104.33) 

Eligibility 

Eligibility to receive FAPE under Section 504 means a student has a physical or mental 

impairment which substantially limits one or more major life activities. (34 CFR 104.33) for 

services under Section 504 of the federal Rehabilitation Act of 1973 means a student has any of the 

following conditions: (34 CFR 104.3) 

Major life activities means functions such as caring for one's self, performing manual tasks, 

walking, seeing, hearing, speaking, breathing, learning, and working. (34 CFR 104.3) 

1. A physical or mental impairment which substantially limits one or more major life activities 

2. Has a record or history of such impairment 

3. Is regarded as having such impairment because he/she: 

a. Has a physical or mental impairment that does not substantially limit a major life activity but is 

treated by the district as having such a limitation (e.g., a student who has scarring, a student who walks 

with a limp) 

b. Has a physical or mental impairment that substantially limits a major life activity only as a result of 

the attitudes of others towards such impairment (e.g., a student who has scarring or disfigurement) 

c. Has no physical or mental impairment but is treated by the district as having such an impairment (e.g., 

a student who tests positive with the HIV virus but has no physical effects from it) 

Major life activities means functions such as caring for one's self, performing manual tasks, walking, 

seeing, hearing, speaking, breathing, learning, and working. (34 CFR 104.3) 

Physical or mental impairment means any of the following: (34 CFR 104.3) 

1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or 

more of the following body systems: neurological; musculosketal, special sense organs; respiratory, 

including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; 

skin; and endocrine 

2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional 

or mental illness, and specific learning disabilities 

IX.D.4


Instruction AR 6164.6 (b) 


District Coordinator for Implementation of Section 504 

The district has designated the following individual to coordinate its efforts to comply with the 

requirements of law, Board policy, and administrative regulation pertaining to the implementation of 

Section 504: (34 CFR 104.7) 

Manager of Guidance, Student Services 

855 Lenzen Avenue 

San Jose, CA 95126 

(408) 535-6195 


(cf. 5145.3 - Nondiscrimination/Harassment) 

Referral, Identification, and Evaluation 

1. Any student may be referred by a parent/guardian, teacher, other school employee, student success 

team, or community agency for consideration of eligibility as a disabled student under Section 504. This 

referral may be made to the principal or 504 Coordinator. 

(cf. 6164.5 - Student Success Teams) 

2. Upon receipt of a referral for eligibility, the principal shall promptly convene a meeting of a multidisciplinary 

504 team to consider the referral and determine whether an evaluation of the student is 

appropriate. 

The team's determination shall be based on a review of the student's school records, including academic 

and nonacademic areas of the school program; consultation with the student's teacher(s), other 

professionals, and the parent/guardian, as appropriate; and analysis of the student's needs. 

Prior to conducting an evaluation of a student for eligibility under Section 504, the district shall obtain 

written parent/guardian consent. 

If the 504 team determines that an evaluation is unnecessary, the principal or designee shall inform the 

parents/guardians in writing of this decision and of the procedural safeguards as described below. 

3. If the team believes that a student needs or is believed to need special education or related services 

under Section 504, the district shall conduct an evaluation of the student prior to initial placement and 

before any significant change in placement. (34 CFR 104.35) 

The district's evaluation procedures shall ensure that tests and other evaluation materials: (34 CFR 

104.35) 

a. Have been validated and are administered by trained personnel in conformance with the instruction 

provided by the test publishers 

IX.D.4




b. Are tailored to assess specific areas of educational need and are not based solely on a single IQ score 

c. Reflect aptitude or achievement or whatever else the tests purport to measure and do not reflect the 

student's impaired sensory, manual, or speaking skills unless the test is designed to measure these 

particular deficits 

Section 504 Services Accommodation Plan and Placement 

1. A multi disciplinary 504 team shall be convened to review the evaluation data in order to make 

placement decisions. 

The 504 team shall consist of a group of persons knowledgeable about the student, the meaning of the 

evaluation data, and the placement options. (34 CFR 104.35) 

In interpreting evaluation data and making placement decisions, the team shall draw upon information 

from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical 

condition, social or cultural background, and adaptive behavior. The team shall also ensure that 

information obtained from all such sources is documented and carefully considered and that the 

placement decision is made in conformity with 34 CFR 104.34. (34 CFR 104.35) 

2. If, upon evaluation, a student is determined to be eligible for services under Section 504, the 504 team 

shall meet to develop a written 504 services accommodation plan which shall specify the types of 

regular or special education services, placement, accommodations, and supplementary aids and 

services necessary to ensure that the student receives a free appropriate public education. 

The parents/guardians shall be invited to participate in the meeting and shall be given an opportunity to 

examine all relevant records. 

3. If the 504 team determines that no services are necessary for the student, the record of the committee's 

meeting shall reflect whether or not the student has been identified the identification of the student as 

a disabled person under Section 504 and shall state the basis for the decision that no special services are 

presently needed. The student’s parent/guardian shall be informed in writing of his/her rights and 

procedural safeguards, as described in the “Procedural Safeguards” section below. 

4. The student shall be placed in the regular educational environment, unless the district can demonstrate 

that the education of the student in the regular environment with the use of supplementary aids and 

services cannot be achieved satisfactorily. The student shall be educated with those who are not disabled 

to the maximum extent appropriate to his/her individual needs. (34 CFR 104.34) 

5. The district shall complete the identification, evaluation, and placement process within a reasonable 

time frame. 

IX.D.4


Instruction AR 6164.6 (d) 


6. A copy of the student's Section 504 services accommodation plan shall be kept in his/her student 

record. The student's teacher, and any other staff who provide services to the student, shall be informed 

of the plan's requirements. 

If a student transfers to another school within the District, the principal or designee at the school from 

which the student is transferring shall ensure that the principal or designee at the new school receives a 

copy of the plan prior to the student’s enrollment in the new school. 


(cf. 5141.21 - Administering Medication and Monitoring Health Conditions) 

Review and Reevaluation 

1. The 504 team shall monitor the progress of the student and the effectiveness of the student's plan to 

determine whether the services are appropriate and necessary and whether the student's needs are being 

met as adequately as the needs of nondisabled students. The team shall review the student's 

accommodation plan annually. In addition, the student's eligibility under Section 504 shall be 

reevaluated at least once every three years. 

2. A reevaluation of the student's needs shall be conducted before any subsequent significant change in 

placement. (34 CFR 104.35) 

(cf. 5144.1 - Suspension and Expulsion/Due Process) 


Procedural Safeguards 

Parents/guardians shall be notified in writing of all district decisions regarding the identification, 

evaluation, or educational placement of students with disabilities or suspected disabilities. Notifications 

shall include a statement of their right to: (34 CFR 104.36) 

1. Examine relevant records 

2. Have an impartial hearing with an opportunity for participation by the parents/guardians and their 

counsel 

3. Have a review procedure (cf. 5145.6 - Parental Notifications) 

Notifications shall also detail the parent/guardian's right to file a grievance with the school district over 

an alleged violation of Section 504 regulation; right to have an evaluation that draws on information 

from a variety of sources; right to be informed of any proposed actions related to eligibility and plan for 

services; right to receive all information in the parent/guardian's native language and primary mode of 

communication; right to periodic reevaluations and an evaluation before any significant change in 

IX.D.4


Instruction AR 6164.6 (e) 


program/service modifications; right to an impartial hearing if there is a disagreement with the school 

district's proposed action; right to be represented by counsel in the impartial hearing process; and right 

to appeal the impartial hearing officer's decision. 

If a parent/guardian disagrees with the identification, evaluation, or educational placement of his/her 

child under Section 504, he/she may request a 504 due process hearing in accordance with the 

following procedures: initiate the following procedures: 

1. Within 30 days after receipt of receiving the accommodation plan the district’s decision with which 

the parent guardian disagrees, the parent/guardian may request an administrative review of the 

decision. file a written complaint with the 504 Coordinator detailing his/her disagreement and request 

that the 504 team review the plan in an attempt to resolve the disagreement. 

The 504 Coordinator shall designate an appropriate administrator to meet with the 

parent/guardian to attempt to resolve the issue. This review shall be held within 14 days of receiving 

the parent/guardian's request and the parent/guardian shall be invited to attend the meeting at which the 

review is conducted. 

2. . If the parent/guardian chooses not to request an administrative review or if the review does not 

resolve the issue, the parent/guardian may request in writing a Section 504 due process hearing. The 

parent/guardian's request for a hearing shall be made within 30 days of receiving the district's decision 

or within 14 days of completion of the administrative review. If disagreement continues, request in 

writing that the Superintendent or designee review the plan. This review shall be held within 14 days of 

receiving the parent/guardian's request, and the parent/guardian shall be invited to meet with the 

Superintendent or designee to discuss the review. 

3. If disagreement continues, request in writing a Section 504 due process hearing. The request shall 

include: 

a. The specific nature of the decision with which the parent/guardian disagrees 

b. The specific relief the parent/guardian seeks 

c. Any other information the parent/guardian believes pertinent 

Within 30 days of receiving the parent/guardian's request, the Superintendent or designee and 504 

Coordinator shall select an impartial hearing officer. This 30-day deadline may be extended for good 

cause or by mutual agreement of the parties. 

The 504 Coordinator shall maintain a list of impartial hearing officers who are qualified and willing to 

conduct Section 504 hearings. To ensure impartiality, such officers shall not be employed by or under 

contract with the district in any capacity other than that of hearing officer and shall not have any 

professional or personal involvement that would affect their impartiality or objectivity in the matter. 

IX.D.4


Instruction AR 6164.6 (f) 


Within 45 days of the selection of the hearing officer, the Section 504 due process hearing shall be 

conducted and a written decision mailed to all parties. This 45-day deadline may be extended for good 

cause or by mutual agreement of the parties. 

Any party to the hearing shall be afforded the right to: 

1. Be accompanied and advised by counsel and by individuals with special knowledge or training related 

to the problems of students who are qualified as disabled under Section 504 

2. Present written and oral evidence 

3. Question and cross-examine witnesses 

4. Receive written findings by the hearing officer 

If desired, either party may seek a review of the hearing officer's decision by a federal court of 

competent jurisdiction. 

Notifications 

The Superintendent or designee shall ensure that the district has taken appropriate steps to notify 

students and parents/guardians of the district's duty under Section 504. (34 CFR 104.32) 



revised: April 13, 2006 San Jose, California 

revised: June 19, 2008 San Jose, California 

IX.D.4






SUBJECT: Unaudited Financial Statement for 2008-09 Fiscal Year 

(ACTION) 

REQUESTED ACTION: That the Board of Education accept the Unaudited Financial Statement 

for the 2008-2009 fiscal year and order it to be filed with the County 

Superintendent of Schools. 

BACKGROUND: The District has finalized the 2008-2009 financial statement, which 

reflects the actual unaudited revenues, expenditures and fund balance 

as of June 30, 2009. 

Education Code Section 42100 states that the “Governing Board of 

each district shall approve, on a form prescribed by the Superintendent 

of Public Instruction, an annual statement of all receipts and 

expenditures of the district for the preceding fiscal year....” 

The beginning balance for FY 2009-2010 for all funds has been 

adjusted to reflect the actual 2008-2009 ending balance. 

Prepared by, 



Approved by, 



IX.E.1






SUBJECT: Revised Budget for the 2009-10 Fiscal Year (ACTION) 

REQUESTED ACTION: That the Board of Education approve the Revised Budget for the 2009-10 

fiscal year. 

BACKGROUND: The County Superintendent of Schools notified the District that its 2009- 

2010 budget, adopted by the Board of Education on June 4, 2009, had been 

conditionally approved. 

The budget has been revised to include the increased 2009-10 revenue limit 

deficit factor of 18.355%, and a one-time reduction to the revenue limit of 

$252.83. Other changes include the revenue and expenditure impacts of the 

elimination of Class Size Reduction and the receipt of additional SFSF 

funds. These revisions are in line with the County Office of Education’s 

conditional approval of the District’s budget and its request for revised multi 

year projections that reflect the district’s ability to meet its reserve 

requirements for each of the 2009-10, 2010-11 and 2011-12 school years. 

Prepared by, 



Approved by, 



IX.E.2





(Board Meeting September 10, 2009 ) 

SUBJECT: Joint Lease Agreement with San Jose Aquatics (ACTION) 

REQUESTED ACTION: That the Board of Education approve a one year Joint Lease 

Agreement with San Jose Aquatics for use of the Gunderson High 

pool facilities from September 1, 2009 through August 31, 2010 at 

a monthly rate of $5,100.00. 

BACKGROUND: San Jose Aquatics will pay a monthly fee of $5,100.00 plus an 

additional $46.00 per hour for weekend swim meets and all 

custodial and police fees incurred. 

San Jose Aquatic has been and continues to be an excellent tenant 

and serves the youth interests in competitive swimming. Exhibit A 

shows the location of all buildings being used. 

Prepared by, 

Ann Jones 

Chief Business Officer 

Approved by, 

Don Iglesias 

Superintendent 

IX.E.3






SUBJECT: Amendment to Administrative Regulation 3440 – Business and 

Non-instructional Operations – Inventories (1 st Reading) 



amendment to Administrative Regulation 3440 – Business and 

Non-instructional Operations – Inventories and vote to approve the 

amendment to the Regulation at the September 24, 2009 Board 

meeting. 

BACKGROUND: On June 4, 2009, the Board approved a resolution to amend the 

capitalization threshold policy as required under education code for 

purposes of Governmental Accounting Standard Board (GASB 

34). This amendment to AR 3440 is necessary to clearly define 

compliance requirements. 

Prepared by, 

Ann Jones 

Chief Business Officer 


Approved by, 

Don Iglesias 


IX.E.4


Business and Non-instructional Operations AR 3440 (a) 

Inventories 

In order to provide for the proper control and conservation of district property, the Superintendent or 

designee shall maintain an inventory of equipment in accordance with law for the following: 

1. Inventory Asset: All items (including federal and non-federal funds) currently valued in excess of 

$500 (Education Code 35168) for property control purposes. 

2. Capitalized Asset: All items purchased with federal funds that have a useful life of more than one 

year with an acquisition cost per unit of $5,000 or more (34 CFR 80.3) The capitalization threshold 

for assets with a useful life of greater than one year are as follows: 

1. $500 or greater for food service equipment (Board Resolution #2009-06-04-01) 

2. $5,000 or greater for all items purchased with federal funds (34 CFR 80.3) 

3. $25,000 or greater for equipment (Board Resolution #2009-06-04-01) 

4. $50,000 or greater for real property (Board Resolution #2009-06-04-01) 

The Superintendent or designee shall maintain an inventory of all property. The following information 

must be recorded: (Education Code 35168) 

1. Name and description of the property 

2. Name of titleholder 

3. Serial number or other identification number 

4. Cost of the property (a reasonable estimate may be used if original cost is unknown) 

5. Acquisition date 

6. Location of use 

7. Any ultimate disposition data including the date and method of disposal and sale price 

The following information must also be recorded for items acquired with federal funds: (34 CFR 80.32) 

1. Source of the property (funding source) 

2. Use and condition of property 

3. Percentage of federal participation in the cost of the property 

At least once every two years, a physical inventory shall be conducted and the results reconciled with 

the property records. (34 CFR 80.32) 

IX.E.4


Business and Non-instructional Operations AR 3440 (b) 

Inventories 



35168 Inventory of equipment 


3946 Control, safeguards, disposal of equipment purchased with state and federal consolidated 

application funds 

16023 Class 1 - Permanent records 

16035 Historical inventory of equipment 


2301-2471 Carl D. Perkins Vocational Education Act 


80.1-80.52 Uniform administration requirements for grants to state and local governments 


OFFICE OF MANAGEMENT AND BUDGET 

Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, May 17, 1995 


adopted: September 20, 2001 San Jose, California 

revised: 

IX.E.4






SUBJECT: Independent Contractor Agreement with National Joint 

Powers Alliance, Installing Dealer, Sharp Business Systems of 

San Francisco (ACTION) 

REQUESTED ACTION: That the Board of Education approve the five-year lease and 

service maintenance contract # 021808-SP with Sharp Business 

Systems of San Francisco for copiers (elementary schools and 

Broadway HS) in an amount not to exceed $614,668.50 from 

September 25, 2009 through September 26, 2014. 

BACKGROUND: National Joint Powers Alliance (NJPA) is a non-profit 

governmental agency that helps public agencies reduce the cost of 

purchased goods by combining the purchasing power of public 

agencies nationwide. All National Joint Powers Alliance contracts 

have been competitively bid by a lead public agency in accordance 

with public purchasing rules and regulations. The analysis for 

selection was based on three criteria and references. Purchasing 

conducted a process that included demonstrations in front of an 

evaluating committee, which included elementary principals, 

secretaries, technology, maintenance representatives and the 

purchasing staff. The other two criteria were oral discussion with 

committee members and pricing. 

The District received six (6) proposals to provide copier services. 

Below is a summary of the rankings in each criteria: 

Demonstration Ranking Points (by Committee) 

1 Xerox 21.10 

2 One Source 19.11 

3 Sharp 19.00 

4 Ricoh 18.57 

5 Konica Minolta 18.25 

6 Oce North America 17.33 

Oral Discussion of Top 3 vendor demonstration (by Committee) 

1 Ricoh 

2 Sharp 

3 Xerox 

IX.E.5


Pricing (5) year Lease & Service Maintenance (including taxes) 

Oce North America $512,758.35 

Sharp $612,668.50 

Konica Minolta $688,294.15 

Ricoh $767,842.90 

One Source $853,651.00 

Xerox $987,829.00 

Based on the analysis it is the recommendation of the 

Purchasing/Contract Management Department for the Board of 

Education to award the contract to Sharp Electronics Corporation 

(SEC), installing dealer, Sharp Business Systems of San Francisco. 


Prepared by, 



Approved by, 



IX.E.5






SUBJECT: Bid 1647C Ferma Corporation – Abatement/Demolition (ACTION) 

REQUESTED ACTION: That the Board of Education award a contract to Ferma Corporation, the 

responsible bidder submitting the lowest responsive bid meeting the 

specifications in the amount of $69,995.00 to provide services for the Career 

Tech Project at San Jose High Academy (Project 9245). 

Lowest Bid 

Meeting 

Bids Submitted By: Bid Amount Specification 

Ferma Corporation $ 69,995.00 $ 69,995.00 

JJ Albenese Inc. $ 75,763.00 

Randazzo Enterprises, Inc. $ 81,000.00 

BACKGROUND: The District will be completing abatement & demolition work in conjunction 

with the Career Tech Project at San Jose High Academy in San Jose. In keeping 

with District policy and applicable law, this contract shall be let by formal public 

bid, per Public Contract Code section 20111. The District has received state 

funds for this project. 

BUDGET SOURCE: State Bond [Fund 211] 

CTE Grant [Fund 211] 

Prepared by, Reviewed by, 

Steve Adamo, Director Patrick Day, Director 

Maintenance and Construction Operations, Purchasing, and 

Contract Management 

Approved by, 


Administrative Services IX.F.1






SUBJECT: Bid 1652C Ciari Plumbing & Heating, Inc. - Plumbing (ACTION) 

REQUESTED ACTION: That the Board of Education award a contract to Ciari Plumbing & Heating, Inc., 

the responsible bidder submitting the lowest responsive bid meeting the 



Lowest Bid 

Meeting 


Ciari Plumbing & Heating, Inc. $ 204,516.00 $ 204,516.00 

Kinetics Mechanical Service $ 207,659.00 

Thermal Mechanical, Inc. $ 294,404.00 

Santa Cruz Plumbing $ 327,000.00 

Sanchez Incorporated $ 344,000.00 

BACKGROUND: The District will be completing plumbing and site utility work in conjunction 

with the Career Tech Project at San Jose High Academy in San Jose. In keeping 

with District policy and applicable law, this contract shall be let by formal public 

bid, per Public Contract Code section 20111. The District has received state 








Approved by, 








SUBJECT: Bid 1653C Kinetics Mechanical Service – HVAC (ACTION) 

REQUESTED ACTION: That the Board of Education award a contract to Kinetics Mechanical Service, 

the responsible bidder submitting the lowest responsive bid meeting the 



Lowest Bid 

Meeting 


Kinetics Mechanical Service $ 432,298.00 $ 432,298.00 

Foothill $ 493,300.00 

Air Sheet Metal $ 513,000.00 

Bay City $ 529,000.00 

Environmental Systems, Inc. $ 534,000.00 

Thermal Mechanical $ 538,897.00 

AMS $ 596,300.00 

Hellwig, Ray L. Mechanical Co., Inc. $ 661,900.00 

Best Contracting Service, Inc. $ 705,000.00 

BACKGROUND: The District will be completing HVAC work in conjunction with the Career Tech 

Project at San Jose High Academy in San Jose. In keeping with District policy 

and applicable law, this contract shall be let by formal public bid, per Public 

Contract Code section 20111. The District has received state funds for this 

project. 







Approved by, 



IX.F.3






SUBJECT: Bid 1659C Robert Bothman, Inc. – Concrete (ACTION) 

REQUESTED ACTION: That the Board of Education award a contract to Robert Bothman, Inc., the 




Lowest Bid 

Meeting 


Robert Bothman, Inc. $ 342,900.00 $ 342,900.00 

Casey Fogli $ 343,381.00 

JJ Albanese, Inc. $ 363,363.00 

R & R Maher $ 454,900.00 

Valhalla Builders & Developers, Inc. $ 492,869.00 

Urata & Sons $ 553,000.00 


BACKGROUND: The District will be completing concrete work in conjunction with the Career 

Tech Project at San Jose High Academy in San Jose. In keeping with District 

policy and applicable law, this contract shall be let by formal public bid, per 

Public Contract Code section 20111. The District has received state funds for 

this project. 







Approved by, 








SUBJECT: Change Order to Contract 1348C (ACTION) 

REQUESTED ACTION: That the Board of Education approve the following Change Order, amending the 

contract amount to Contract 1348C – J.J. Albanese, Inc. (Project 9628). 

Trace Elementary New Building Project 

Change Order 12 $ 2,271.00 

Summary 

Original Contract $ 687,880.00 

Previous Change Orders $ 215,051.53 

Change Order 12 $ 2,271.00 

Adjusted Original Contract Sum $ 905,202.53 

BACKGROUND: The Change Order listed above is for an additional scope of concrete work for the 

completion of the new building project at Trace Elementary School. The 

referenced Change Order exceeds the 8% contingency allowed for approval by 

the Director of Maintenance and Construction. In accordance with Board Policy 

3312.3, the referenced Change Order must be brought to the Board of Education 

for approval. The District is applying for state funds for this project. 

BUDGET SOURCE: Measure F [Fund 213] 



Maintenance and Construction Operations, Purchasing and Contract 

Management 

Approved by, 



IX.F.5






SUBJECT: Change Order to Contract 1354C (ACTION) 

REQUESTED ACTION: That the Board of Education approve the following Change Order, amending the 

contract amount to Contract 1354C – Valhalla Builders & Developers, Inc. 

(Project 9628). 

Trace Elementary New Building Project 

Change Order 13 $ 20,745.50 

Summary 

Original Contract $ 590,200.00 

Previous Change Orders $ 413,229.98 

Change Order 13 $ 20,745.50 

Adjusted Original Contract Sum $1,024,175.48 

BACKGROUND: The Change Order listed above is for an additional scope of drywall, insultation 

and plaster work for the completion of the new building project at Trace 

Elementary School. The referenced Change Order exceeds the 8% contingency 

allowed for approval by the Director of Maintenance and Construction. In 

accordance with Board Policy 3312.3, the referenced Change Order must be 

brought to the Board of Education for approval. The District is applying for state 


BUDGET SOURCE: Measure F [Fund 213] 



Maintenance and Construction Operations, Purchasing and Contract 

Management 

Approved by, 








SUBJECT: Bid 1661C Kwan Wo Ironworks – Metal & Steel (ACTION) 

REQUESTED ACTION: That the Board of Education award a contract to Kwan Wo Ironworks, the 




Lowest Bid 

Meeting 


Kwan Wo Ironworks $ 523,000.00 $ 523,300.00 

W & W Steel $ 537,638.00 

Glazier Iron $ 539,000.00 

Concord $ 592,738.00 

Lee’s Imperial Welding $ 694,245.00 

Morris Steel $ 710,800.00 

SOS Steel $ 710,960.00 

Westco $ 722,000.00 

Romak Iron Works $ 879,932.00 

JC Metal $ 903,900.00 

BACKGROUND: The District will be completing metal & steel work in conjunction with the 

Career Tech Project at San Jose High Academy in San Jose. In keeping with 

District policy and applicable law, this contract shall be let by formal public bid, 

per Public Contract Code section 20111. The District has received state funds for 

this project. 







Approved by, 



IX.F.7






SUBJECT: Bid 1654C Delgado Electric, Inc. - Electrical (ACTION) 

REQUESTED ACTION: That the Board of Education ratify a contract to Delgado Electric, Inc., the 




Lowest Bid 

Meeting 


Delgado Electric, Inc. $ 554,000.00 $ 554,000.00 

Radiant Electric, Inc. $ 592,000.00 


Cupertino Electric, Inc. $ 649,570.00 

General Lighting Service, Inc. $ 680,241.00 

Best Contracting $ 692,300.00 

Elcor Electric $ 694,000.00 

Smith & Sons $ 699,000.00 

Sprig Electric $ 730,290.00 

DC Sousa $ 738,000.00 

Pfeiffer Electric Co., Inc. $ 829,000.00 

BACKGROUND: The District will be completing electrical work in conjunction with the Career 

Tech Project at San Jose High Academy in San Jose. In keeping with District 

policy and applicable law, this contract shall be let by formal public bid, per 

Public Contract Code section 20111. The District has received state funds for 

this project. 







Approved by, 



IX.F.8

09-10-09 Agenda Backup

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