FCPS Policies

Nondiscrimination Statement

 

The Fenton Charter Public Schools prohibits discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics, discrimination, harassment, intimidation, and bullying based upon pregnancy, childbirth or related medical conditions, race, religion, creed, color, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, or age, against its employees and applicants for employment on the basis of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual’s income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the organization. (Not all prohibited bases will apply to all programs and/or employment activities.)

 

Sexual Harassment Policies

Sexual Harassment Contact Information

For more information contact the main offices:

 

Fenton Avenue Charter School

11828 Gain Street, Lake View Terrace, CA 91342

Phone: (818) 896-7482

Fax: (818) 890-9986

Title IX Officer: School Counselor

 

Fenton Primary Center

11351 Dronfield Avenue, Pacoima, CA 913331

Phone: (818) 485-5900

Fax: (818) 485-5194

Title IX Officer: School Counselor

 

Santa Monica Blvd Community Charter School 

1022 N Van Ness Ave, Los Angeles, CA 90038

Phone: (323) 469-0971

Fax: (323) 462-4093

 

Fenton STEM Academy

8926 Sunland Blvd, Sun Valley CA, 91352

Phone: (818) 962-3636

Fax: (818) 394-9885

 

Fenton Leadership Academy

8926 Sunland Blvd, Sun Valley CA, 91352

Phone: (818) 962-3636

Fax: (818) 394-9885

 

 

Sexual Harassment Overview

Sexual harassment of or by employees, students, or persons doing business with the Charter School, is a form of sex discrimination in that it constitutes differential treatment on the basis of sex, sexual orientation (actual or perceived), or gender or gender identity (actual or perceived).  As such, any act of sexual harassment is a violation of state and federal laws and a violation of Charter School policy.  Fenton Charter Public Schools (“Charter School”) is committed to providing a work and educational atmosphere that is free of unlawful harassment.  The Charter School’s policy prohibits sexual harassment and unlawful discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics and harassment based upon pregnancy, childbirth or related medical conditions, race, religion, creed, color, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation, or any other basis protected by federal, state, local law, ordinance or regulation. The Charter School will not condone or tolerate harassment of any type by any employee, student, independent contractor or other person with which the Charter School does business. This policy applies to all employee actions and relationships, regardless of position or gender. The Charter School will promptly and thoroughly investigate any complaint of harassment and take appropriate corrective action, if warranted.

 

 

Conduct which may result in sexual harassment may include, but is not necessarily limited to the following:

 

  • Physical - unwelcome conduct such as unwanted touching, pinching, kissing, patting, or hugging; the blocking of normal movement; stalking; assault; and/or physical interference with work or study directed at an individual because of the individual's sex, sexual orientation, or gender.

 

  • Verbal - unwelcome conduct such as the use of suggestive, derogatory, or vulgar comments; the use of sexual innuendo or slurs; making unwanted sexual advances, invitations, or comments; pestering for dates; making threats; and/or spreading rumors about or rating others as to their sexual activity or performance.

 

  • Visual - unwelcome conduct such as the display of sexually suggestive objects, pictures, posters, written material, cartoons, or drawings; the use of graffiti and/or computer-generated images of a sexual nature; and/or the use of obscene gestures or leering.

 

  • Threats, demands, or pressure to submit to sexual requests in order to keep a job or academic standing or to avoid other loss, and/or offers of benefits in return for sexual favors.

 

How can students prevent sexual harassment?

 

  • Do not harass or encourage those who harass other students. Remember, “I was only kidding”, will never be accepted as a defense to sexual harassment.

 

  • Give everyone respect. Be sensitive to how others perceive your actions or words.

 

  • If you are harassed, tell the harasser that the conduct offends you and you want it to stop, if it is safe for you to do so.

 

  • Do not be a social spectator. If you witness the harassment or bullying of others, you can respond by reporting the incident to your teacher or school administrator. Remember, doing nothing empowers the harasser.

 

  • If the harassment does not stop, report it. It is up to your school to investigate and take action.  There are many ways to deal with sexual harassment; silence is not the answer. Ignoring it does not stop it.

 

  • If a friend or a classmate confides in you, listen with understanding and support. Encourage that person to report the harassment.   

 

Sexual Harassment Complaint Process

Students and parents/guardians can report a verbal or written complaint to the Charter School Director (Title IX Bullying Complaint Manager) or Dean of Students within six months from the date of the incident occurred.  Complainants have the right to a timely and informal resolution at the school site.

 

Complainants who are not satisfied with the school site resolution, can file a Uniform Complaint Procedures (UCP) complaint with the Director of the school.  This will begin the formal investigation process which must be completed within 60 days. 

 

Student Sexual Harassment Policy

Fenton Charter Public Schools

8928 Sunland Blvd Suite B, Sun Valley CA, 91352

(818) 962-3630

 

Sexual Harassment

Fenton Charter Public Schools (“FCPS”) is committed to maintaining a safe school environment that is free from harassment and discrimination. FCPS prohibits discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics at school or at school-sponsored or school-related activities. This applies to all acts related to school activity or school attendance within a school under the jurisdiction of the Executive Director of the Charter School. FCPS requires that school personnel take immediate steps to intervene when safe to do so when he or she witnesses an act of discrimination, harassment, intimidation, or bullying. FCPS also prohibits retaliatory behavior or action against any person who files a complaint, testifies, or otherwise participates in district complaint processes.

 

The Charter School adopted and implemented a complaint process to receive, investigate, and resolve allegations of discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, age, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics, and shall include, but not limited, to the following:

 

  1. A timeline for the investigation and resolution of complaints of discrimination, harassment, intimidation, or bullying that all schools under the jurisdiction of the district will follow.
  2. An appeal process to the complainant should he or she disagree with the resolution of the complaint.

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

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.3 - Nondiscrimination/Harassment)

Date of FCPS Board approval and adoption: December 4, 2014

(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

 

Instruction/Information

The Executive Director or designee shall ensure that all FCPS students receive age-appropriate instruction and information on sexual harassment. Such instruction shall include:

  1. What acts and behavior constitute sexual harassment, including the fact that sexual

harassment could occur between people of the same sex and could involve sexual

violence.

  1. A clear message that students do not have to endure sexual harassment.
  2. Encouragement to report observed instances of sexual harassment, even where the victim of the harassment has not complained.
  3. Information about the school’s procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made.
  4. Information about the rights of students and parents/guardians to file a criminal

complaint, as applicable.

 

Complaint Process

The Charter School adopted and implemented a complaint process to receive, investigate, and resolve allegations of discrimination, harassment, intimidation, and bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, age, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics, and shall include, but not limited, to the following:

 

  1. A timeline for the investigation and resolution of complaints of discrimination, harassment, intimidation, or bullying that all schools under the jurisdiction of the district will follow.

 

  1. An appeal process to the complainant should he or she disagree with the resolution of the complaint.

 

Any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity shall immediately contact his/her teacher or any other employee. An employee who receives such a complaint shall report in accordance with administrative regulation.

 

The Executive Director or designee shall ensure that any complaints regarding sexual harassment are immediately investigated in accordance with administrative regulation. When the Executive Director or designee has determined that harassment has occurred, he/she shall take prompt, appropriate action to end the harassment and to address its effects on the victim.

 

The Title IX Officer responsible for equity and compliance with Title IX is as follows:

School Counselor

11828 Gain Street

Lake View Terrace, CA 91342

818-896-7482

(cf. 1312.3 - Uniform Complaint Procedures)

 

Disciplinary Actions

Any student who engages in sexual harassment or sexual violence at school or at a school sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action. For students in grades 4-12, disciplinary action may include suspension and/or expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account.

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

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

 

Confidentiality and Record-Keeping

All complaints and allegations of sexual harassment shall be kept confidential except as

necessary to carry out the investigation or take other subsequent necessary action. Complainants are protected from retaliation and the identity of a complainant remains confidential.

 

The Executive Director or designee shall maintain a record of all reported cases of sexual harassment to enable the district to monitor, address, and prevent repetitive harassing behavior in the schools.

(cf. 3580 - District Records)

 

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

48900 Grounds for suspension or expulsion

48900.2 Additional grounds for suspension or expulsion; sexual harassment

48904 Liability of parent/guardian for willful student misconduct

48980 Notice at beginning of term

 

Students-Sexual Harassment

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, when made on the basis of sex and under any of the following conditions: (Education Code 212.5; 5 CCR 4916)

 

  1. Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.

 

  1. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.

 

  1. The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.

 

  1. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any school program or activity.

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

 

Examples of types of conduct which are prohibited in the district and which may constitute sexual harassment include, but are not limited to:

 

  1. Unwelcome leering, sexual flirtations, or propositions

 

  1. Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions.

 

  1. Graphic verbal comments about an individual's body or overly personal conversation.

 

  1. Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature.

 

  1. Spreading sexual rumors (Date of FCPS Board approval and adoption: December 4, 2014)

 

  1. Teasing or sexual remarks about students enrolled in a predominantly single-sex class

 

  1. Massaging, grabbing, fondling, stroking, or brushing the body
  2. Touching an individual's body or clothes in a sexual way.

 

  1. Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex.

 

  1. Displaying sexually suggestive objects.

 

  1. Sexual assault, sexual battery, or sexual coercion

 

School-Level Complaint Process/Grievance Procedure

 

Complaints of sexual harassment, or any behavior prohibited by the FCPS’s

Nondiscrimination/Harassment policy, shall be handled in accordance with the following

procedure:

 

  1. Notice and Receipt of Complaint: Any student who believes he/she has been subjected to sexual harassment or who has witnessed sexual harassment may file a complaint with any school employee. Within 24 hours of receiving a complaint, the school employee shall report it to the Director. In addition, any school employee who observes any incident of sexual harassment involving a student shall, within 24 hours, report this observation to the Director, whether or not the victim files a complaint.

In any case of sexual harassment involving the Director to whom the complaint would ordinarily be made, the employee who receives the student's report or who observes the incident shall instead report to the Executive Director or designee.

 

  1. Initiation of Investigation: The Director shall initiate an impartial investigation of an

allegation of sexual harassment within five school days of receiving notice of the

harassing behavior, regardless of whether a formal complaint has been filed. The school shall be considered to have "notice" of the need for an investigation upon receipt of information from a student who believes he/she has been subjected to harassment, the student's parent/guardian, and an employee who received a complaint from a student, or any employee or student who witnessed the behavior.

 

If the Director receives an anonymous complaint or media report about alleged sexual

harassment, he/she shall determine whether it is reasonable to pursue an investigation

considering the specificity and reliability of the information, the seriousness of the alleged incident, and whether any individuals can be identified who were subjected to the alleged harassment.

 

  1. Initial Interview with Student: When a student or parent/guardian has complained or

provided information about sexual harassment, the Director shall describe FCPS's

grievance procedure and discuss what actions are being sought by the student in response to the complaint. The student who is complaining shall have an

opportunity to describe the incident, identify witnesses who may have relevant

information, provide other evidence of the harassment, and put his/her complaint in

writing. If the student requests confidentiality, he/she shall be informed that such a

request may limit FCPS’s ability to investigate.

 

  1. Investigation Process: The Director shall keep the complaint and allegation confidential, except as necessary to carry out the investigation or take other subsequent necessary action. (5 CCR 4964)

 

The Director shall interview individuals who are relevant to the investigation, including, but not limited to, the student who is complaining, the person accused of harassment, anyone who witnessed the reported harassment, and anyone mentioned as having relevant information. The Director may take other steps such as reviewing any records, notes, or statements related to the harassment or visiting the location where the harassment is alleged to have taken place. When necessary to carry out his/her investigation or to protect student safety, the Director also may discuss the complaint with the Executive Director or designee, the parent/guardian of the student who complained, the parent/guardian of the alleged harasser if the alleged harasser is a

student, a teacher or staff member whose knowledge of the students involved may help in determining who is telling the truth, law enforcement and/or child protective services, and district legal counsel or the district's risk manager.

(cf. 5141.4 - Child Abuse Prevention and Reporting)

 

  1. Interim Measures: The Director shall determine whether interim measures are necessary during and pending the results of the investigation, such as placing students in separate classes or transferring a student to a class taught by a different teacher.

 

  1. Optional Mediation: In cases of student-on-student harassment, when the student who complained and the alleged harasser so agree, the Director may arrange for them to resolve the complaint informally with the help of a counselor, teacher, administrator, or trained mediator. The student who complained shall never be asked to work out the

problem directly with the accused person unless such help is provided and both parties

agree, and he/she shall be advised of the right to end the informal process at any time.

(cf. 5138 - Conflict Resolution)

 

  1. Factors in Reaching a Determination: In reaching a decision about the complaint, the

Director may take into account:

 

  1. Statements made by the persons identified above
  2. The details and consistency of each person's account
  3. Evidence of how the complaining student reacted to the incident (Date of FCPS Board approval and adoption: December 4, 2014)
  4. Evidence of any past instances of harassment by the alleged harasser
  5. Evidence of any past harassment complaints that were found to be untrue

 

To judge the severity of the harassment, the Director may take into consideration:

  1. How the misconduct affected one or more students' education
  2. The type, frequency, and duration of the misconduct
  3. The identity, age, and sex of the harasser and the student who complained, and the

relationship between them

  1. The number of persons engaged in the harassing conduct and at whom the harassment was directed
  2. The size of the school, location of the incidents, and context in which they occurred
  3. Other incidents at the school involving different students

 

  1. Written Report on Findings and Follow-Up: No more than 30 days after receiving the

complaint, the Director shall conclude the investigation and prepare a written report of

his/her findings. This timeline may be extended for good cause. If an extension is needed, the Director shall notify the student who complained and explain the reasons for the extension.

The report shall include the decision and the reasons for the decision and shall summarize the steps taken during the investigation. If it is determined that harassment occurred, the report shall also include any corrective actions that have or will be taken to address the harassment and prevent any retaliation or further harassment. This report shall be presented to the student who complained, the person accused, the parents/guardians of the student who complained and the student who was accused, and the Executive Director or designee.

 

In addition, the Director shall ensure that the harassed student and his/her parent/guardian are informed of the procedures for reporting any subsequent problems. The Director shall make follow-up inquiries to see if there have been any new incidents or retaliation and shall keep a record of this information.

 

Enforcement of Charter School Policy

The Executive Director or designee shall take appropriate actions to reinforce FCPS’s sexual harassment policy. As needed, these actions may include any of the following:

  1. Removing vulgar or offending graffiti
  2. Providing training to students, staff, and parents/guardians about how to recognize

harassment and how to respond

Date of FCPS Board approval and adoption: December 4, 2014

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

  1. Disseminating and/or summarizing FCPS’s policy and regulation regarding

sexual harassment

  1. Consistent with the laws regarding the confidentiality of student and personnel

records, communicating the school's response to parents/guardians and the

community (cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)

(cf. 5125 - Student Records)

  1. Taking appropriate disciplinary action

In addition, disciplinary measures may be taken against any person who is found to have made a complaint of sexual harassment which he/she knew was not true.

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

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

 

Notifications

A copy of FCPS’s sexual harassment policy and regulation shall:

 

  1. Be included in the notifications that are sent to parents/guardians at the beginning

of each school year (Education Code 48980; 5 CCR 4917)

(cf. 5145.6 - Parental Notifications)

  1. Be displayed in a prominent location in the main administrative building or other

area where notices of district rules, regulations, procedures, and standards of

conduct are posted, including school web sites (Education Code 231.5)

  1. Be provided as part of any orientation program conducted for new students at the

beginning of each quarter, semester, or summer session (Education Code 231.5)

Date of FCPS Board approval and adoption: December 4, 2014

  1. Appear in any school publication that sets forth the school's or FCPS’s

comprehensive rules, regulations, procedures, and standards of conduct

(Education Code 231.5)

  1. Be included in the student handbook
  2. Be provided to employees and employee organizations

 

Complainant Appeal Process:

The parent and student may contest a decision through a meeting with the Director, and

then the Board of Directors within five (5) school days of the incident.

 

The Board of Directors will review the circumstances of all decisions contested by the

parent, except for cases that are proceeding through the expulsion process, by following

the steps below which will also be used to mediate any parent conflicts:

 

  1. Parent(s) or guardian meets with an Administrator.
  2. If not resolved, parent(s) or guardian may submit concern in writing to the Board

of Directors.

  1. The Board of Directors will meet in closed session (the administrators will recuse

themselves) and render a final decision on the matter.

 

 
Access Restriction and Visitor Policy

 

 

ACCESS RESTRICTION POLICY

 

The Charter School encourages parents/ guardians and interested members of the community to visit the school and view the educational program. No electronic listening or recording device may be used by students or visitors in a classroom without the teacher's and director's written permission.

 

To ensure the safety of students and staff as well as to minimize interruption of the instructional program the Charter School has established the following procedures to facilitate visits during regular school days: (Parents/guardians will follow procedures outlined in the Home-School Agreement.)

 

1. Visits during school hours should first be arranged with the teacher and director or designee at least three days in advance.

 

2. Visitors shall register with the Main Office immediately upon entering any school building or grounds when during regular school hours.  When registering, the visitor is required to provide his/her name, address, age (if under 21), his/her purpose for entering school grounds, and proof of identity.  For purposes of school safety and security, the director or designee shall design a visible means of identification for visitors and shall provide an escort while on school premises.

 

3. In order to insulate staff from interruptions of vendors and/or organizations during any free time in the school day, vendors are precluded from accessing the campus during the school day with the exception of valid appointments pursuant to this policy. Appointments with vendors and/or organizations may only be made during the lunch hours of the staff member.  When entering school grounds, all representatives associated with the vendor and/or organization must follow the registration process as described in this policy.  Representatives of vendors/organizations may not approach, solicit, or otherwise disturb any staff members while on campus.

 

4. A director or designee may refuse to register a visitor if it is believed that the presence of the visitor would cause a threat of disruption or physical injury to teachers, other employees, or students.

 

5. A director or designee may withdraw consent to be on campus even if the visitor has a right to be on campus whenever there is reason to believe that the person has willfully disrupted or is likely to disrupt the school's orderly operation.  If consent is withdrawn by someone other than the director, the director may reinstate consent for the visitor if the director believes that the person's presence will not constitute a disruption or substantial and material threat to the school's orderly operation.  Consent cannot be withdrawn for more than 14 days.

 

6. The director or designee may request that a visitor who has failed to register, or whose registration privileges have been denied or revoked, promptly leave school grounds. When a visitor is directed to leave, the director or designee shall inform the visitor that if he/she re-enters the school without following the posted requirements he/she will be guilty of a misdemeanor.

 

 

7. The director or designee shall seek the assistance of the police in dealing with or reporting any visitor in violation of this policy.

 

Penalties

 

If a visitor does not leave after being asked or if the visitor returns without following the posted requirements after being directed to leave, he/she will be guilty of a crime which is punishable by a fine of up to $500.00 or imprisonment in the County jail for a period of up to six (6) months, or both. Additionally, further conduct of this nature by the visitor may lead to the Charter School's pursuit of a restraining order against such visitor which would prohibit him/her from coming onto school grounds or attending Charter School activities for any purpose for a period of three (3) years.

 

 

Home-School Agreement Parent/Guardian Visitation Procedures

 

1. Check in at the Main Office to request a classroom observation (a maximum of 20 minutes per day, unless other provisions have been established with the classroom teacher and approved by the Directors) or entry on to the campus.

 

2. Obtain a visitor's permit prior to the observation which has been approved by the Directors.

 

3. During classroom observations, enter and leave the classroom as quietly as possible, not conversing with students, the teacher, or teacher assistant, and not interfering with the instructional program in any manner.

 

4. Visit only the classroom (or area) approved for visitation. (As per federal guidelines related to the Charter School's meals program, the cafeteria is for use by enrolled students and school staff only.)

 

5. Children who are not enrolled at the Charter School are not to be on the campus unless prior approval by the Directors has been obtained.

 

6. Check out through the Main Office when leaving.

 

 

Uniform Complaint Policy and Procedures

 

Introduction

 The Board of Directors of Fenton Charter Public Schools (“FCPS”) recognizes that FCPS is responsible for complying with applicable state and federal laws and regulations governing educational programs.

 This document contains rules and instructions about the filing, investigation and resolution of a Uniform Complaint Procedures (“UCP”) complaint regarding an alleged violation by a local educational agency of federal or state laws or regulations governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, or bullying based on actual or perceived ancestry, age, color, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sex, sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics and noncompliance with laws relating to pupil fees, and noncompliance with the requirements governing the Local Control Funding Formula or Sections 47606.5 and 47607.3 of the Education Code, as applicable.

This document presents information about how FCPS processes UCP complaints concerning particular programs or activities in which we receive state or federal funding. A complaint is a written and signed statement by a complainant alleging a violation of federal or state laws or regulations. A complainant is any individual, including a person's duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging violation of federal or state laws or regulations, including allegations of unlawful discrimination, harassment, intimidation, bullying, and noncompliance with laws relating to pupil fees. If the complainant is unable to put the complaint in writing, due to a disability or illiteracy, FCPS shall assist the complainant in the filing of the complaint.

 Scope

 This complaint procedure is adopted to provide a uniform system of complaint processing for the following types of complaints:

(1)Complaints of unlawful discrimination, harassment, intimidation or bullying against any protected group, including actual or perceived discrimination, on the basis of age, ancestry, color, disability, ethnic group identification, gender expression, gender identity, gender, nationality, national origin, race or ethnicity, religion, sex, or sexual orientation, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics in any FCPS program or activity; and

(2)Complaints of violations of state or federal law and regulations governing the following programs including but not limited to: Child Nutrition Programs and Special Education Programs.

(3)A complaint may also be filed alleging that a pupil enrolled in a public school was required to pay a pupil fee for participation in an educational activity as those terms are defined below.

a.“Educational activity” means an activity offered by a school, school district, charter school or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.

b.“Pupil fee” means a fee, deposit or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of Section 49011 of the Education Code and Section 5 of Article IX of the California Constitution, which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers, as provided for in Hartzell v. Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not limited to, all of the following:

i.A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit. 

ii.A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, uniform or other materials or equipment. 

iii.A purchase that a pupil is required to make to obtain materials, supplies, equipment or uniforms associated with an educational activity.

c.A pupil fees complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with laws relating to pupil fees.

d.If FCPS finds merit in a pupil fees complaint, FCPS shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by FCPS to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board.

e.Nothing in this section shall be interpreted to prohibit solicitation of voluntary donations of funds or property, voluntary participation in fundraising activities, or school districts, school, and other entities from providing pupils prizes or other recognition for voluntarily participating in fundraising activities.

(4)Complaints of noncompliance with the requirements governing the Local Control Funding Formula or Sections 47606.5 and 47607.3 of the Education Code, as applicable.

Not all complaints fall within the scope of the UCP. For any complaints regarding subjects not described above, please refer to FCPS’s other complaint policies, which can be found at http://www.fentoncharterpublicschools.net.

The responsibilities of Fenton Charter Public Schools

FCPS has the primary responsibility to insure compliance with applicable state and federal laws and regulations. FCPS shall investigate complaints alleging failure to comply with applicable state and federal laws and regulations and/or alleging discrimination, harassment, intimidation, bullying and charging pupil fees for participation in an educational activity and seek to resolve those complaints in accordance with these UCP procedures.

FCPS acknowledges and respects every individual’s rights to privacy. Unlawful discrimination, harassment, intimidation or bullying complaints shall be investigated in a manner that protects to the greatest extent reasonably possible the confidentiality of the parties and the integrity of the process. FCPS cannot guarantee anonymity of the complainant. This includes keeping the identity of the complainant confidential.  However, FCPS will attempt to do so as appropriate. FCPS may find it necessary to disclose information regarding the complaint/complainant to the extent necessary to carry out the investigation or proceedings, as determined by the Executive Director or designee on a case-by-case basis.

FCPS prohibits any form of retaliation against any complainant in the complaint process, including but not limited to a complainant’s filing of a complaint or the reporting of instances of unlawful discrimination, harassment, intimidation or bullying. Such participation shall not in any way affect the status, grades or work assignments of the complainant.

Compliance Officer

 The Board of Directors designates the following compliance officer(s) to receive and investigate complaints and to ensure FCPS’s compliance with law:

Fenton Charter Public Schools

ATTN: Irene Sumida, Executive Director

8928 Sunland Blvd Suite B

Sun Valley, CA 91352

(818) 962-3630

The Executive Director or designee shall ensure that employees designated to investigate complaints are knowledgeable about the laws and programs for which they are responsible. Designated employees may have access to legal counsel as determined by the Executive Director or designee.

The Executive Director may designate the principal of the charter school where the complaint originated to serve as the designee regarding complaints of noncompliance with laws relating to pupil fees.

Should a complaint be filed against the Executive Director, the compliance officer for that case shall be the President of the FCPS Board of Directors.

Notifications

The Executive Director or designee shall annually provide written notification of the Charter School’s uniform complaint procedures to employees, students, parents and/or guardians, advisory committees, private school officials and other interested parties (e.g., Adult Education).

The Annual Notice shall also advise the recipient of any civil law remedies that may be available under state or federal discrimination, harassment, intimidation, and bullying laws, if applicable, and of the appeal pursuant to Education Code section 262.3.

The annual notice shall be in English, and when necessary, in the primary language, pursuant to section 48985 of the Education Code if fifteen (15) percent or more of the pupils enrolled in any one of the charter schools speak a single primary language other than English.

A copy of this UCP complaint policies and procedures document shall be available free of charge.

The annual notice shall include the following:

(a)A statement that FCPS is primarily responsible for compliance with federal and state laws and regulations.

(b)A statement that a pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.

(c)A statement identifying the responsible staff member, position, or unit designated to receive complaints.

(d)A statement that the complainant has a right to appeal FCPS's decision to the CDE by filing a written appeal within 15 days of receiving FCPS’s Decision.

(e)A statement advising the complainant of any civil law remedies that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable, and of the appeal pursuant to Education Code § 262.3.

(f)A statement that copies of the local educational agency complaint procedures shall be available free of charge.

Filing a complaint with Fenton Charter Public Schools

Procedures

The following procedures shall be used to address all complaints, which allege that FCPS has violated federal or state laws or regulations governing educational programs.  Compliance officers shall maintain a record of each complaint and subsequent related actions.

All parties involved in allegations shall be notified when a complaint is filed, when a complaint meeting or hearing is scheduled, and when a decision or ruling is made.

•Step 1: Filing of Complaint

Any individual, public agency, or organization may file a written complaint of alleged noncompliance by FCPS.

A complaint alleging unlawful discrimination, harassment, intimidation or bullying shall be initiated no later than six (6) months from the date when the alleged unlawful discrimination, harassment, intimidation or bullying occurred, or six (6) months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful discrimination, harassment, intimidation or bullying.  A complaint may be filed by a person who alleges that he/she personally suffered unlawful discrimination, harassment, intimidation or bullying or by a person who believes that an individual or any specific class of individuals has been subjected to unlawful discrimination, harassment, intimidation or bullying.

The complaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a code number and date stamp.

If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, FCPS staff shall assist him/her in the filing of the complaint.

•Step 2: Mediation

Within three (3) days of receiving the complaint, the compliance officer may informally discuss with the complainant the possibility of using mediation.  If the complainant agrees to mediation, the compliance officer shall make arrangements for this process.

Before initiating the mediation of an unlawful discrimination, harassment, intimidation or bullying complaint, the compliance officer shall ensure that all parties agree to make the mediator a party to related confidential information. 

If the mediation process does not resolve the problem within the parameters of law, the compliance officer shall proceed with his/her investigation of the complaint.

The use of mediation shall not extend FCPS’s timelines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time.

•Step 3: Investigation of Complaint

The compliance officer is encouraged to hold an investigative meeting within five (5) days of receiving the complaint or an unsuccessful attempt to mediate the complaint.  This meeting shall provide an opportunity for the complainant and/or his/her representative to repeat the complaint orally.

The complainant and/or his/her representative shall have an opportunity to present the complaint and evidence or information leading to evidence to support the allegations in the complaint.

A complainant’s refusal to provide FCPS’s investigator with documents or other evidence related to the allegations in the complaint, or his/her failure or refusal to cooperate in the investigation or his/her engagement in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegation.

FCPS’s refusal to provide the investigator with access to records and/or other information related to the allegation in the complaint, or its failure or refusal to cooperate in the investigation or its engagement in any other obstruction of the investigation, may result in a finding, based on evidence collected, that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.

•Step 4: Response

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant a written report of FCPS’s investigation and decision, as described in Step #5 below, within sixty (60) days of FCPS’s receipt of the complaint.

•Step 5:  Final Written Decision

FCPS’s decision shall be in writing and sent to the complainant. FCPS’s decision shall be written in English and in the language of the complainant whenever feasible or as required by law.

The decision shall include:

1.The findings of fact based on evidence gathered.

2.The conclusion(s) of law.

3.Disposition of the complaint.

4.Rationale for such disposition.

5.Corrective actions, if any are warranted.

6.Notice of the complainant’s right to appeal FCPS’s decision within fifteen (15) days to the CDE and procedures to be followed for initiating such an appeal.

7.For unlawful discrimination, harassment, intimidation or bullying complaints arising under state law, notice that the complainant must wait until sixty (60) days have elapsed from the filing of an appeal with the CDE before pursuing civil law remedies.

8.For unlawful discrimination, harassment, intimidation or bullying complaints arising under federal law such complaint may be made at any time to the U.S. Department of Education, Office for Civil Rights.

If an employee is disciplined as a result of the complaint, the decision shall simply state that effective action was taken and that the employee was informed of FCPS’s expectations.  The report shall not give any further information as to the nature of the disciplinary action.

Appeals to the California Department of Education

If dissatisfied with FCPS’s decision, the complainant may appeal in writing to the CDE within fifteen (15) days of receiving FCPS’s decision.  When appealing to the CDE, the complainant must specify the basis for the appeal of the decision and whether the facts are incorrect and/or the law has been misapplied.  The appeal shall be accompanied by a copy of the locally filed complaint and a copy of the FCPS’s decision.

Upon notification by the CDE that the complainant has appealed FCPS’s decision, the Executive Director or designee shall forward the following documents to the CDE:

1.A copy of the original complaint.

2.A copy of the decision.

3.A summary of the nature and extent of the investigation conducted by FCPS, if not covered by the decision.

4.A copy of the investigation file, including but not limited to all notes, interviews, and documents submitted by all parties and gathered by the investigator.

5.A report of any action taken to resolve the complaint.

6.A copy of FCPS’s complaint procedures.

7.Other relevant information requested by the CDE.

The CDE may directly intervene in the complaint without waiting for action by FCPS when one of the conditions listed in Title 5, California Code of Regulations, Section 4650 exists, including cases in which FCPS has not taken action within sixty (60) days of the date the complaint was filed with FCPS.

Civil Law Remedies

A complainant may pursue available civil law remedies outside of FCPS’s complaint procedures.  Complainants may seek assistance from mediation centers or public/private interest attorneys.  Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders.  For unlawful discrimination, harassment, intimidation or bullying complaints arising under state law, however, a complainant must wait until sixty (60) days have elapsed from the filing of an appeal with the CDE before pursuing civil law remedies. The moratorium does not apply to injunctive relief and is applicable only if FCPS has appropriately, and in a timely manner, apprised the complainant of his/her right to file a complaint in accordance with 5 CCR 4622.

Uniform Complaint Procedure Form

 

Last Name: _____________________________________________ First Name/MI: _______________________________

Student Name (if applicable): _____________________________________ Grade: _______ Date of Birth: ____________

Street Address/Apt. #: _________________________________________________________________________________

City: _______________________________________________ State: _______________ Zip Code: __________________

Home Phone: _____________________ Cell Phone: ______________________ Work Phone: ______________________

School/Office of Alleged Violation: ______________________________________________________________________

For allegation(s) of noncompliance, please check the program or activity referred to in your complaint, if applicable:

  Local Control Funding Formula

  Pupil Fees

  Nutrition Services

 

  Special Education

 

For allegation(s) of unlawful discrimination, harassment, intimidation or bullying, please check the basis of the unlawful discrimination, harassment, intimidation or bullying described in your complaint, if applicable:

  1. Age
  2. Ancestry
  3. Color
  4. Disability (Mental or Physical)
  5. Ethnic Group Identification
  6. Gender / Gender Expression / Gender Identity
  7. National Origin
  8. Race
  9. Religion
  10. Sex (Actual or Perceived)
  11. Sexual Orientation (Actual or Perceived)
  12. Based on association with a person or group with one or more of these actual or perceived characteristics

1.Please give facts about the complaint.  Provide details such as the names of those involved, dates, whether witnesses were present, etc., that may be helpful to the complaint investigator.

FCPS Boundaries Policy
 

 

FENTON CHARTER PUBLIC SCHOOLS

Boundaries Policy

 

DISCIPLINARY PHYSICAL CONTACT WITH STUDENTS 

It is the policy of the Fenton Charter Public Schools that no teacher or other staff member will use corporal punishment against a student. This prohibition includes spanking, slapping, pinching, hitting, tying, taping, or the use of any other physical force as retaliation or correction for inappropriate behavior. 

 

STAFF-STUDENT INTERACTIONS

While the use of appropriate touching is part of daily life and is important for student development, teachers and other staff members must ensure that they do not exceed appropriate behavior. If a child or other staff member specifically requests that he or she not be touched, then that request must be honored without question. 

 

Boundaries Defined

For the purposes of this policy the term “boundaries” is defined as acceptable professional behavior by staff members while interacting with a student. Trespassing beyond the boundaries of a student-teacher relationship is deemed an abuse of power and a betrayal of public trust. 

Acceptable and Unacceptable Behaviors

Some activities may seem innocent from a staff member’s perspective but may be perceived as flirtation or sexual insinuation from a student or parental point of view. The purpose of the following lists of unacceptable and acceptable behaviors is not to restrain innocent, positive relationships between staff and students, but to prevent relationships that could lead to or may be perceived as inappropriate, or sexual misconduct, or “grooming.” Grooming is defined as an act or series of acts by a sexual predator to gain physical and/or emotional control by gaining trust (of staff and/or family and a minor) and desensitizing the minor to various forms of touching and other intimate interaction.  

Staff members must understand their own responsibilities for ensuring that they do not cross the boundaries as written in this policy. Violations could subject the teacher or staff member to discipline up to and including termination. Disagreeing with the wording or intent of these established boundaries will be considered irrelevant for any required disciplinary purposes. Thus, it is critical that all employees study this policy thoroughly and apply its spirit and intent in their daily activities.

Unacceptable Behaviors

These lists (and any subsequent lists) are not meant to be all-inclusive, but rather, illustrative of the types of behavior we intend to address by this policy. 

• Giving gifts to an individual student that are of a personal and intimate nature (including photographs); or items such as money, food, outings, electronics, etc. without the written pre-approval of the Director (or administrative designee). It is recommended that any such gifts be filtered through the Director of the school (or administrative designee) along with the rationale.

• Kissing of ANY kind

• Massage [Note: Prohibited in athletics unless provided by massage therapist or other certified professional in an open public location. Coaches may not perform massage or rub-down. Permitted in special education only as instructed under an IEP or 504 plan.]

• Full frontal or rear hugs and lengthy embraces

  • Sitting students on one’s lap (grades 3 and above)
  • Touching buttocks, thighs, chest or genital area
  • Wrestling with students or other staff member except in the context of a formal wrestling program
  • Tickling or piggyback rides
  • Any form of sexual contact
  • Any type of unnecessary physical contact with a student in a private situation
  • Intentionally being alone with a student away from school 
  • Furnishing alcohol, tobacco products, or drugs or failing to report knowledge of such
  • “Dating” or “going out with” a student
  • Remarks about physical attributes or physiological development of anyone. This includes comments such as “Looking fine!” or “Check out that [body part].”
  • Taking photographs or videos of students for personal use or posting online
  • Undressing in front of a student

• Leaving campus alone with a student for lunch 

• Sharing a bed, mat, or sleeping bag with a student

• Making, or participating in, sexually inappropriate comments

• Sexual jokes, or jokes/comments with sexual overtones or double-entendres

• Seeking emotional involvement (which can include intimate attachment) with a student beyond the normative care and concern required of an educator.

• Listening to or telling stories that are sexually oriented

• Discussing your personal troubles or intimate issues with a student 

• Becoming involved with a student so that a reasonable person may suspect inappropriate behavior

• Giving students a ride to/from school or school activities without the express, advance written permission of the Director of the school (or administrative designee) and the student’s parent or legal guardian

• Being alone in a room with a student at school with the door closed and/or windows blocked from view

• Allowing students at your home and/or in rooms within your home without signed parental permission for a pre-planned and pre-communicated educational activity which must include another educator, parent, or designated school volunteer

• Leaving campus alone with a student for lunch 

• Staff mirroring the immature behavior of minors

• Sending emails, text messages, social media responses, making phone calls, or sending notes or letters to students if the content is not about school activities. Communication via private social media accounts is not acceptable. 

Acceptable Behaviors

• Pats on the shoulder or back

  • Handshakes
  • “High-fives” and hand slapping
  • Touching face to check temperature, wipe away a tear, remove hair from face, or other similar types of contact
  • Placing TK through second grade students on one’s lap for purposes of comforting the child for a short duration only
  • Holding hands while walking with small children or children with significant disabilities
  • Assisting with toileting of small or disabled children in view of another staff member
  • Touch required under an IEP or 504 Plan
  • Reasonable restraint of a violent person to protect self, others, or property
  • Obtaining formal written pre-approval from the Director of the school (or administrative designee) to take students off school property for activities such as field trips or competitions, including parent’s written permission and waiver form for any sponsored after-school activity whether on or off campus 

• Emails, text-messages, phone conversations, and other communications to and with students, if permitted, must be professional and pertain to school activities or classes (communication should be initiated via transparent [non-private] school-based technology and equipment)

• Keeping the door wide open when alone with a student

• Keeping reasonable and appropriate space between you and the student

• Stopping and correcting students if they cross your own personal boundaries, including touching legs, or buttocks, frontal hugs, kissing, or caressing

• Keeping parents informed when a significant issue develops about a student, such as a change in demeanor or uncharacteristic behavior

• Keeping after-class discussions with a student professional and brief

• Immediately asking for advice from senior staff or administration if you find yourself in a difficult situation related to boundaries

• Involving your direct supervisor in discussion about boundaries situations that have the potential to become more severe (including but not limited to: grooming or other red flag behaviors observed in colleagues, written material that is disturbing, or a student’s fixation on an adult)

• Making detailed notes about an incident that in your best judgement could evolve into a more serious situation later 

• Recognizing the responsibility to stop Unacceptable Behaviors of students and/or co-workers  

• Asking another staff member to be present, or within close supervisory distance, when you must be alone with a student after regular school hours 

• Prioritizing professional behavior during all moments of student contact 

Asking yourself if any of your actions, which are contrary to these provisions, are worth sacrificing your job and career.

This policy does not prevent: 1) touching a student for the purpose of guiding them along a physical path; 2) helping them up after a fall; or 3) engaging in a rescue or the application of Cardio Pulmonary Resuscitation (CPR) or other emergency first-aid. Nor does it prohibit the use of reasonable force and touching in self-defense or in the defense of another. Restraining a child who is trying to engage in violent or inappropriate behavior is also allowed. Only such force as necessary to defend one’s self, another person, or the child or to protect property is legally permitted. Excessive force is prohibited. 

Boundaries Reporting

When any staff member, parent, or student becomes aware of a staff member (or volunteer, guest, vendor) having crossed the boundaries specified in this policy, or has a strong suspicion of misconduct, he or she must report the suspicion to the Director of the school (or administrative designee) promptly. Reasonable suspicion means something perceived in spite of inconclusive or slight evidence. It is based on facts that would lead a reasonable person to believe the conduct occurred.  Prompt reporting is essential to protect students, the suspected staff member, any witnesses, and the school as a whole. Employees must also report to the administration any awareness of, or concern about, student behavior that crosses boundaries, or any situation in which a student appears to be at risk for sexual abuse. 

Child Abuse / Sexual Abuse Reporting (Mandatory Reporting)

 

If, within your professional capacity or within the scope of your employment, you observe or gain possession of knowledge that a child has been a victim of child abuse or sexual abuse, or you reasonably suspect it, California Penal Code Section 11166 requires you to immediately report this information or suspicion directly to a child protective agency or the police. The report shall be made by phone as soon as possible and a subsequent written report must be sent within 36 hours of your knowledge or suspicion of the abuse. Internal reporting to the Director of the school (or administrative designee) occurs after the phone-in report. Failure to meet these obligations can result in a monetary fine and/or jail. 

Investigating

The Director of the school (or administrative designee) will promptly investigate and document the investigation of any allegation of sexual misconduct or inappropriate behavior, using such support staff or outside assistance, as he or she deems necessary and appropriate under the circumstances. Throughout this fact-finding process, the investigating administrator, and all others privy to the investigation, shall protect the privacy interests of any affected student(s) and/or staff member(s) including any potential witnesses, as much as possible. The investigating administrator shall promptly notify the Governing Board in closed session of the existence and status of any investigations. Upon completion of any such investigations, the investigating administrator shall report to the Governing Board any conclusions reached. The investigating administrator shall consult with legal counsel, as appropriate, prior to, during, and after conducting any investigation. 

Consequences

Staff members who have violated this policy will be subject to appropriate disciplinary action, and where appropriate, will be reported to authorities for potential legal action. 

FENTON CHARTER PUBLIC SCHOOLS

Executive Director – Irene Sumida

8928 B Sunland BLvd 

Sun Valley, CA 91352

 

Wellness Policies on Physical Activity and Nutrition

 

The Fenton Charter Public Schools (FCPS) are committed to providing a school environment that promotes and protects children’s health, well‐being, and the ability to learn by supporting healthy nutritional choices and physical activity. The FCPS Board recognizes the link between student health and learning and desires to provide a comprehensive program promoting healthy eating and physical activity for FCPS students.

 

To support this, the Fenton Charter Public Schools (FCPS) are committed to:

• Engaging students, parents, teachers, food service professionals, health professionals and other interested community members in developing, implementing, monitoring, and reviewing the charter school’s nutrition and physical activity policies.

• Providing opportunities, support, and encouragement to all students in grades K-°©‐5 to be physically active on a regular basis.

• Ensuring that all foods and beverages sold or served at the charter schools during school hours meet the minimum nutritional requirements according to the USDA Smart Snacks in Schools (SSIS) guidelines.

• Ensuring that a qualified child nutrition professional supervises the cafeteria staff so that students are provided with a variety of affordable, nutritious, and appealing foods that meet the health and nutrition

needs of students. Accommodating the religious, ethnic, and cultural diversity of the student body in

meal planning.

• Ensuring that current documentation of food restrictions as ordered by a physician are implemented on

a daily basis.

• Providing a clean, safe, and pleasant environment and adequate time schedule for students to eat.

• Providing nutrition education and physical education programs to foster lifelong habits of healthy eating

and physical activity.

 

TO ACHIEVE THESE POLICY GOALS:

 

I. Governing Councils and Committees

 

Fenton Charter Public Schools’ four governing councils (Budget, Facilities, and Safety; School-°©‐Community

Relations; Curriculum and Assessment and Human Resource and Personnel) and committees (Instruction,

Finance, Parent-°©‐Community Network and Instruction) will develop, implement, monitor, review, and revise as

necessary school nutrition and physical activity policies as pertinent to each council or committee’s duties.

A School Wellness Team comprised of a qualified child nutrition professional, teachers, administrators, physical

education staff, school nurse, cafeteria staff and school psychologist or other special education staff member

will meet throughout the year to develop, revise, monitor and implement school nutrition and physical activity

policies. Parents, community members, and other members of the public will be encouraged to participate in

the School Wellness Team.

 

II. Nutritional Quality of Foods and Beverages Sold and Served on Campus

 

The Fenton Charter Public Schools (FCPS) are committed to providing access to nutritious and appealing school

meals so that all students will be ready, both physiologically and psychologically for the academic day.

 

 

School Meals

Meals served through the National School Lunch and Breakfast Program will:

 

• Be appealing and attractive to children;

• Be served in clean and pleasant settings

• Meet, at a minimum, nutrition requirements of the School Breakfast Program, National School Lunch Program, After School Snack Program, and the CACFP Supper Program.

• Offer a variety of fruits and vegetables.

• Serve only low‐fat (1%) and fat-free milk and nutritionally‐equivalent non-dairy alternatives; and

• Ensure that all of the served grains are whole grain.

 

Breakfast

To ensure that all students have breakfast, either at home or at school, and in order to meet their nutritional

needs and enhance their ability to learn, the Fenton Charter Public Schools will:

• Operate a School Breakfast Program every morning Mondays through Fridays

• Offer multiple meal choices for breakfast throughout the week.

• Encourage participation in the school breakfast program through incentives and parent notification

• Encourage parents to provide a healthy breakfast for their children through newsletter articles, take‐home materials, or other means

• Offer a “Second Chance Breakfast” at recess for those students who did not eat breakfast that

morning either at home or at school.

 

Breakfast and lunch menus, which provide information regarding the nutritional content of meals and item selections, will be distributed to parents on a monthly basis.

 

After School Snacks

• Snacks are served on a daily basis by the 21st Century and LAs Best Afterschool programs.

 

Meal Times and Scheduling

• Breakfast will be served daily. Either “second chance breakfast” or “breakfast in the classroom” will be offered to those students who did not participate in the breakfast program prior to the beginning of the school day.

• Lunch will be scheduled after the recess break and will be within a 40‐45 minute period.

• School bathrooms are open during the school day to provide students with ready access for hand‐washing prior to eating. School bathrooms are cleaned by the custodial staff between three to five times daily.

• Additionally, all classrooms are equipped with a sink. For the primary grades, the entire class will wash their hands together, either in the classroom or in the bathrooms as a class, prior to eating.

• All classrooms and offices are equipped with hand sanitizers. Teachers dispense hand sanitizers before the students leave the classrooms for lunch.

• Hand sanitizers are also available in the cafeteria area.

• Posters depicting proper hand washing and cough covering techniques are posted in every classroom and throughout the school.

• Filtered water is available at all water fountains throughout the campus, including the meal service area.

 

Qualifications of School Food Service Staff

Qualified nutrition professionals will supervise and administer the school meal programs. The cafeteria lead

worker is Serve Safe certified. As part of the charter schools’ responsibility to operate a food service program,

we will provide continuing professional development for all cafeteria staff as needed. Monthly staff trainings

will include basic food handler requirements, safe food preparation and team building. The County Health

Office will facilitate a health inspection of the kitchen and food storage areas twice a year.

 

Sharing of Foods and Beverages

Fenton Charter Public Schools prohibits students from sharing their foods and/or beverages with one another

during meal or snack times, given concerns about allergies and other dietary restrictions.

 

FOODS AND BEVERAGES SOLD INDIVIDUALLY (i.e. foods sold outside of reimbursable school

meals such as through fundraisers, fundraisers, etc.)

A qualified nutrition professional will oversee and provide guidelines for all food and beverages sales including

fundraisers and rewards. The Fenton Charter Public Schools will insure that foods and beverages used for

fundraisers and rewards meet at a minimum, nutrition requirements established by SSIS. All foods used for

fundraising purposes that are sold from midnight to 30 minutes after school will be SSIS compliant. The Fenton

Charter Public Schools will encourage fundraising activities that promote physical activity. All fundraising

activities are approved and monitored by the School-°©‐Community Relations Council and the Parent Community

Advocacy Committee.

 

Class Celebrations

Parties involving healthy foods will be encouraged, and teachers will create a plan for classroom celebrations.

Non‐nutritious foods such as cupcakes and soda will be strongly discouraged. All food brought into the school

for classroom activities will be store bought and in the original and unopened package. A list of appropriate

healthy snacks and/or alternative party ideas will be provided to parents upon request. Parents/guardians or

other volunteers shall be encouraged to support FCPS nutrition education program by considering nutritional

quality when selecting any snacks which they may donate for occasional class celebrations. Class parties or celebrations shall be held

within the last 30 minutes of school no more than once a month and non‐nutritious foods will not be encouraged.

 

III. Nutrition Education and Promotion

 

The Fenton Charter Public Schools are committed to teaching, encouraging, and supporting healthy eating by

students. The Fenton Charter Public Schools will provide nutrition education and engage in nutrition promotion

that:

• Is offered at each grade level as a part of a sequential, comprehensive, standards-°©‐based program

designed to provide students with the knowledge and skills necessary to promote and protect

their health;

• Is integrated across within other content areas as appropriate

• Includes enjoyable, developmentally appropriate, culturally-°©‐relevant, participatory activities.

• Promotes fruits, vegetables, whole grain products, low-°©‐fat and fat-°©‐free dairy products, healthy

food preparation methods, and health –enhancing nutrition practices.

• Emphasizes caloric balance between food intake and energy expenditure.

• Utilizes a multi-°©‐media approach

• Includes training for teachers and other staff.

Communicating with Parents

The Fenton Charter Public Schools will support parents’ efforts to encourage healthy eating and daily physical

activities. Parent workshops which focus on nutrition, physical fitness, and parenting will be offered through

the Family Center. Classes will be offered specifically targeting those students with high Body Mass Indexes.

These classes will involve the entire family as healthy eating choices and options are discussed and modeled. A

list of healthy snack items will be provided for parents. Information regarding community resources such as

children’s sports teams will be distributed to parents. Community agencies focusing on health and nutrition will

be invited to participate in Saturday workshops for parents and students.

IV. Physical Activity Opportunities and Physical Education

Integrating Physical Activity into the Classroom Setting

In order for students to fully embrace regular physical activity as a personal behavior, students need

opportunities for physical activity beyond physical education classes. Towards this end:

• classroom health education will complement physical education by reinforcing the knowledge

and self-°©‐management skills needed to maintain a physically-°©‐active lifestyle and to reduce time

spent on sedentary activities, such as watching television.

• opportunities for physical activities will be incorporated into other subject lessons; and

Physical Education Pre-°©‐K-°©‐6

All students in grade Pre-°©‐K-°©‐6, including students with disabilities will receive physical education for a minimum

for 100 minutes every ten days. Psycho-°©‐motor teacher assistants will be employed to implement the physical

education program under the supervision of the administrators. Psycho-°©‐motor teacher assistants will

implement the SPARKS PE program. Pre-°©‐ and post-°©‐test data aligned to the California State mandated Physical

Fitness Test (PFT) will be collected and analyzed for fifth grade.

 

Daily Recess

All students will have a 20 minute morning recess period scheduled by grade level to insure a safe and

supervised playground.

Safe Routes to School

The Fenton Charter Public Schools, in conjunction with the Los Angeles Police Department have set up

supervised drop-°©‐off lanes in the morning. These procedures are provided to parents on an annual basis.

Campus security is stationed around the school in the morning and at dismissal to ensure students’ safety.

Physical Activity Opportunities Before and After School

Before school, the playground is open between 7:00 – 8:00 a.m.

Afterschool, the playground is open from dismissal until 5:30 or 6:00 p.m., depending on the campus. Periods

of physical activity with appropriate playground equipment are interspersed with quiet reading and homework

time. Additionally, afterschool programs such as LAs BEST and 21st Century Kids incorporate organized team

sports and clubs.

Physical Activity and Punishment

Teachers and other school and community personnel will not use physical activity (e.g. running laps, pushups)

or withhold opportunities for physical activity (e.g. recess, physical education) as punishment on a regular basis.

Students shall not be denied access to school meals or adequate time to eat as a form of punishment.

Use of School Facilities Outside of School Hours

School spaces and facilities will be available to students, staff, and community members, before, during, and

after the school day, on weekends, and during school vacations according to the Weekly Bulletin. These spaces

and facilities are available to community agencies and organizations offering physical activity and nutrition

programs with prior school approval. School policies concerning safety will apply at all times.

.

V. MONITORING AND POLICY REVIEW

Each of the four governing councils/committees meets regularly to ensure compliance of the above wellness

plan. The plan will be reviewed annually with the final document approved by the FCPS Board of Directors.

Nutrition Guidelines for Foods Available at School

 

The FCPS Board shall adopt nutrition guidelines that meet or exceed state and federal nutrition standards for all

foods available on each campus during the school day. These nutritional standards shall also apply to all foods

and beverages sold to students, including foods and beverages provided through FCPS food service program,

student stores or fundraisers.

Snacks Provided by School Staff:

The Wellness Team will encourage the schools to use items other than non-°©‐nutritious food for fundraising

purposes. School staff is directed to avoid the use of foods as a reward for students' academic performance,

accomplishments, or classroom behavior. The objectives of these guidelines shall be to promote student health,

reduce childhood obesity, support the health curriculum, make the school environment safe for those with

allergies and other medical conditions, and promote optimal health.

The FCPS Board discourages the marketing and advertising of non-°©‐nutritious foods and

beverages on school property though signage, vending machine fronts, logos,

school supplies, advertisements in school publications, coupon or incentive

programs, or other means.

Nutrition Promotion and Communication

FCPS aims to teach, encourage, and support healthy eating. Schools should promote

nutrition at each grade level as part of a comprehensive program designed to provide

students with the knowledge and skills necessary to promote and protect their health. The Wellness Policy will

be promoted and communicated to parents and community through the following channels:

• FCPS Website

• Fall Parent Orientation

• Parent Nights held during the school year

Guidelines for Reimbursable Meals

Foods and beverages provided through federally reimbursable school meal programs

shall meet or exceed federal regulations and guidance issued pursuant to 42 USC

1758(f)(1), 1766(a), and 1779(a) and (b), as they apply to schools. In order to maximize

the FCPS ability to provide nutritious meals and snacks, all district schools shall

participate in available federal school nutrition programs, including the National School Lunch Program, to the

extent possible.

Program Implementation and Evaluation

The FCPS Board shall establish a plan for measuring implementation of the policy. The

Director of each school will designate at least one person at each school who is charged with operational

responsibility for ensuring that the school sites implement and comply with FCPS wellness policy. The specific

quality indicators that will be used to measure the implementation of the policy district wide shall include, but

not be limited to, state health and physical fitness assessments; nutrition and wellness education; an analysis of

the nutritional content of meals served; student participation rates in school meal programs; and sales of non-°©‐

nutritious foods and beverages in fundraisers outside the district's meal programs; and feedback from food

 

service personnel, school administrators, school staff, the Wellness team, parents/guardians, students, and

other appropriate persons. The designee shall report to the FCPS Board at least every year on the

implementation of this policy and make recommendations for policy modifications, if indicated. The FCPS

District Wellness Team is also permitted to participate in the implementation, review and update of the policy.

Posting Requirements

Each school shall post the district’s wellness policy on its website and at each school site location in the main

school office for easy access and viewing by parents, students and community members. . (Education Code

49432)

These policies and regulations shall also be posted on the district website.

Legal Reference:

EDUCATION CODE

49430‐49436 Pupil Nutrition, Health, and Achievement Act of 2001

49490-49493 School breakfast and lunch programs

49500-49505 School meals

49510-49520 Nutrition

49530-49536 Child Nutrition Act

49540-49546 Child care food program

49547-49548.3 Comprehensive nutrition services

49550-49560 Meals for needy students

49565-49565.8 California Fresh Start pilot program

49570 National School Lunch Act

51222 Physical education

51223 Physical education, elementary schools

CODE OF REGULATIONS, TITLE 5

15500‐15501 Food sales by student organizations

15510 Mandatory meals for needy students

15530‐15535 Nutrition education

15550‐15565 School lunch and breakfast programs

UNITED STATES CODE, TITLE 42

1751‐1769 National School Lunch Program, especially:

1751 Note Local wellness policy

1771-1791 Child Nutrition Act, including:

1773 School Breakfast Program

1779 Rules and regulations, Child Nutrition Act

CODE OF FEDERAL REGULATIONS, TITLE 7

210.1‐210.31 National School Lunch Program

220.1-220.21 National School Breakfast Program

Management Resources:

CSBA POLICY BRIEFS

 

The New Nutrition Standards: Implications for Student Wellness Policies, November 2005

CSBA PUBLICATIONS

Student Wellness: A Healthy Food and Physical Activity Policy Resource Guide, rev.

2005

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Healthy Children Ready to Learn, January 2005

Health Framework for California Public Schools, Kindergarten Through Grade Twelve,

2003

Physical Education Framework for California Public Schools, Kindergarten Through

Grade 12, 1994

CENTERS FOR DISEASE CONTROL PUBLICATIONS

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil

rights regulations and policies, the USDA, its agencies, offices, and employees, and

institutions participating in or administering USDA programs are prohibited from

discriminating based on race, color, national origin, sex, disability, age, or reprisal or

retaliation for prior civil rights activity in any program or activity conducted or funded by

USDA.

Persons with disabilities who require alternative means of communication for program

information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should

contact the Agency (State or local) where they applied for benefits. Individuals who are

deaf, hard of hearing or have speech disabilities may contact USDA through the Federal

Relay Service at (800) 877-°©‐8339. Additionally, program information may be made available

in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination

Complaint Form, (AD-°©‐3027) found online at:

http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a

letter addressed to USDA and provide in the letter all of the information requested in the

form. To request a copy of the complaint form, call (866) 632-°©‐9992. Submit your completed

form or letter to USDA by:

(1) mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-°©‐9410;

(2) fax: (202) 690-°©‐7442; or

(3) email: intake@usda.gov.

This institution is an equal opportunity provider.