Penal Code # 11166.5 requires that: “Any person who enters into employment on or after January 1, 1985, as a child care custodian, medical practitioner, or nonmedical practitioner, or with a child protective agency, prior to commencing his or her employment, and as a prerequisite to that employment, shall sign a statement on a form provided to him or her by his or her employer to the effect that he or she has knowledge of the provisions of Section 11166 and will comply with its provisions.”

Section 11166 of the Penal Code requires any child care custodian, medical practitioner, nonmedical practitioner, or employee of a child protective agency who has knowledge of, or has knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows, or reasonably suspects, has been the victim of a child abuse, to report the known or suspected instance of child abuse to a child protective agency immediately or as soon as practically possible by telephone and to prepare and send a written report thereof within 36 hours of receiving the information concerning the incident.

“Child care custodian” includes teachers, administrative officers, supervisors of child welfare and attendance, or certificated pupil personnel employees of any public or private day camp; licensed day care workers; administrators of community care facilities licensed to care for children; headstart teachers; licensing workers or licensing evaluators; public assistance workers; employees of a child care institution including, but not limited to foster parents, group home personnel, and personnel of residential care facilities; and social workers or probation officers.

“Medical practitioner” includes physicians and surgeons, psychiatrists, psychologists, dentists, residents, interns podiatrists, chiropractors, licensed nurses, dental hygienists, or any other person who is licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.

“Nonmedical practitioner” includes state of county public health employees who treat minors for venereal disease or any other condition; coroners; paramedics; marriage, family or child counselors, and religious practitioners who diagnose, examine, treat children.

• Child Abuse Reporting Forms and Procedures (MandatedReporterCA.com)

PROGRAM OVERVIEW

Under the Section 504 of the Rehabilitation Act of 1973 (Section 504) the Santa Barbara Unified School District has an obligation to provide a free, appropriate public education to each student within its jurisdiction who is qualified disabled person within the meaning of Section 504. Under Section 504, federal fund recipients must ensure that their programs are accessible to qualified individuals with disabilities.

Notice of Parent and Student Rights Under §504, The Rehabilitation Act of 1973 - [see below]

FREQUENTLY ASKED QUESTIONS:

WHAT QUALIFIES A STUDENT FOR A SECTION 504?

Some children with special needs do not qualify for special education. However, these children may qualify for services under Section 504 if he/she has a physical or mental impairment that substantially limits one or more major life activities (which is an everyday activity an average person can perform with little or no difficulty), has a record of such impairment, or is regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) includes the following in its major life activities under the American with Disabilities Act (ADA): walking, seeing, speaking, hearing, breathing, learning, performing manual tasks, caring for oneself, working, sitting, standing, lifting, reaching, thinking, concentrating, interacting with others and sleeping. A short-term condition, such as a broken ankle, generally is not a disability. The test is whether the impairment substantially limits one or more major life activities, and eligibility must be determined by examining the extent, duration and impact of the impairment.

WHAT IS A SECTION 504 PLAN?

For a student who has been identified as disabled within the meaning of Section 504, the Student Success Team (SST) or Section 504 Team shall be responsible for determining what supplementary services, if any, are necessary for the student to benefit from his or her school program (Section 504 plan). A Section 504 plan may include a description of a modified educational program and/or for the provision of supplementary aids and services. The parent/guardian shall be invited to participate in the SST or Section 504 meeting where the Section 504 plan for the student will be determined. They shall be given an opportunity to examine all relevant records.

WHAT SERVICES DOES THE DISTRICT 504 COORDINATOR PROVIDE?

The district 504 coordinator provides 504 eligibility and Section 504 plan consultation, administrative training, and information about appeal processes and procedures.

NOTICE OF PARENT AND STUDENT RIGHTS UNDER §504, THE REHABILITATION ACT OF 1973

The Rehabilitation Act of 1973, commonly referred to as §504, “is a nondiscrimination statute enacted by the United States Congress. The purpose of the Act is to prohibit discrimination and to assure that disabled students have educational opportunities and benefits equal to those provided to nondisabled students. An eligible student under §504 is a student who (a) has, (b) has a record of having, or (c) is regarded as having, a physical or mental impairment which substantially limits a major life activity such as learning, self-care, walking, seeing, hearing, speaking, breathing, working, and performing manual tasks. Dual Eligibility: Many students will be eligible for educational services under both §504 and the Individuals with Disabilities Education Act (IDEA). Students who are eligible under the IDEA have many specific rights that are not available to students who are eligible solely under §504. It is the purpose of this Notice form to set out the rights assured by §504 to those disabled students who do not qualify under the IDEA as requiring special education. The enabling regulations for §504 as set out in 34 CFR Part 104 provide parents and/or students with the following rights:

1. You have a right to be informed by the school district of your rights under §504. (The purpose of this Notice form is to advise you of those rights.) 34 CFR 104.32.
2. Your child has the right to an appropriate education designed to meet his/her individual educational needs as adequately as the needs of nondisabled students are met. 34 CFR 104.33.
3. Your child has the right to free educational services except for those fees that are imposed on nondisabled students or their parents. Insurers and similar third parties are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student. 34 CFR 104.33.
4. Your child has a right to placement in the least restrictive environment. 34 CFR 104.34.
5. Your child has a right to facilities, services, and activities that are comparable to those provided for nondisabled students. 34 CFR 104.34.
6. Your child has a right to an evaluation prior to an initial §504 placement and any subsequent significant change in placement. 34 CFR 104.35.
7. Testing and other evaluation procedures must conform with the requirements of 34 CFR and 104.35 as to validation, administration, areas of evaluation, etc. The district shall consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, adaptive behavior, physical or medical reports, student grades, progress reports, parent observations, anecdotal reports, and standardized group test scores. 34 CFR 104.35.
8. Placement decisions must be made by a group of persons (i.e., the §504 Committee), including persons knowledgeable about your child, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. 34 CFR 104.35.
9. If eligible under §504, your child has a right to periodic re-evaluations, generally every three years. 34 CFR 104.35.
10. You have the right to notice prior to any action by the district in regard to the identification, evaluation, or placement of your child. 34 CFR 104.36.
11. You have the right to examine relevant records. 34 CFR 104.36.
12. You have the right to an impartial hearing with respect to the district’s actions regarding your child’s identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. 34 CFR 104.36.
13. If you wish to challenge the actions of the district’s §504 Committee in regard to your child’s identification, evaluation, or educational placement, you should file a written Notice of Appeal with the district’s §504 Coordinator within 30 calendar days from the time you received written notice of the §504 Committee’s action(s). A hearing will be scheduled before an impartial hearing officer and you will be notified in writing of the date, time, and place for the hearing.
14. If you disagree with the decision of the impartial hearing officer, you have the right to a review of that decision by a court of competent jurisdiction. 34 CFR 104.36.
15. On §504 matters other than your child’s identification, evaluation, and placement, you have a right to file a complaint with the district’s §504 Coordinator (or designee), who will investigate the allegations to the extent warranted by the nature of the complaint in an effort to reach a prompt and equitable resolution.
16. You also have a right to file a complaint with the Office for Civil Rights. The address of the Regional Office which covers California is: Office for Civil Rights/San Francisco, US Department of Education, 50 Beale St., Suite 7200, San Francisco, CA 94105. Telephone: (415) 486-5555 Email: ocr.sanfrancisco@ed.gov
17. Frann Wageneck, Assistant Superintendent of Student Services is the person designated by the Santa Barbara Unified School District responsible for implementing Section 504, 720 Santa Barbara St., Santa Barbara, CA 93101. Telephone: (805) 963-4338 x6262.

WHAT IS STUDENT SUCCESS TEAM (SST)?

The Student Success Team (SST) is a partnership between school and home that utilizes a problem-solving approach to help students be more successful in school, at home, and in the community. The SST includes the family, the student, the teacher(s), an administrator and may also include counselor(s), specialists and others who know the student or have expertise to address areas of concern.

HOW CAN THE SST HELP?

The SST can support students, their families and the classroom teacher(s) in a variety of ways such as:

• developing and implementing strategies to help the student with academics, behavior or social skills in the classroom and larger school environment
• helping to set up vision or hearing screenings and/or medical exams
• accessing resources and services in the school, the district, and the community, such as parent organizations, academic tutoring, after school and summer activity programs, or counseling services for students and/or families
• recommendations for further assessment

WHAT IS AN SST MEETING LIKE?

An SST meeting follows a process that includes:

• a discussion of the student’s strengths
• sharing of background information
• a discussion of the concerns/issues
• a brainstorming session in which all ideas are welcomed
• a summary of what actions will be taken, who is responsible for each action, and the date to be completed
• choosing a follow-up SST meeting date

Families will receive a copy of the information discussed at the meeting.

FAMILY MEMBER’S ROLE

Your involvement in the SST process is very important because you know your child better than anyone else. Your knowledge of your child’s strengths, interests, health, past history, etc., can be very valuable for the SST to develop an effective program for your child.

In 2004, a law was passed that requires school districts to establish a local school wellness policy by the beginning of the 2006/2007 school year. This law recognizes the critical role that schools must play in helping to raise healthy kids. The policy requires school districts to:

• Create nutrition guidelines for all food sold on campus during the day, in efforts to promote health and reduce childhood obesity.
• Create goals for nutrition education and physical activity that promote student wellness.
• Create a plan for ensuring the policy is implemented.
• Include parents, students, school food service staff, school administrators, school board members, and public in creating the school wellness policy.

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Wellness Council

Members of the Wellness Council participate in the development, implementation, and periodic review of the district’s Board Policy 5030 Student Wellness. In addition to oversight of policy, the Wellness Council advises the district on health-related issues, activities, and programs.

MEETING SCHEDULE

October 29, 2018, 3:30-5:00
January 28, 2019, 3:30-5:00
April 29, 2019, 3:30-5:00
October 28, 2019, 3:30-5:00

LOCATION:

Board Room, District Office, 720 Santa Barbara St., Santa Barbara, CA

All are welcome.

Wellness Committee Pinterest Page

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Board Policies/ Administrative Regulations/ Resolutions

Use the following as a guide through the above policy link:

 

STUDENT WELLNESS

BP 5030 Student Wellness

FOOD SERVICE/CHILD NUTRITION PROGRAM

BP 3550 Food Service-Child Nutrition Program
AR 3550 Food Service Child Nutrition Program

FOOD SERVICE OPERATIONS/CAFETERIA FUND

BP 3551 Food Service Operations/Cafeteria Fund
AR 3551 Food Service Operations/Cafeteria Fund

FREE AND REDUCED PRICE MEALS

BP 3553 Free and Reduced Price Meals
AR 3553 Free and Reduced Price Meals

OTHER FOOD SALES

BP 3554 Other Food Sales
AR 3554 Other Food Sales

PHYSICAL EDUCATION

BP 6142.7 Physical Education and Activity
AR 6142.7 Physical Education and Activity

COMPREHENSIVE HEALTH EDUCATION

BP 6142.8 Comprehensive Health Education
AR 6142.8 Comprehensive Health Education