San José Unified Schools

Policies & Regulations

San José Unified is governed by policies and regulations established by the Board of Education and the California Education Code. Some of these policies can be found below.

To review our complete policies and regulations, please visit this online portal and enter the following public username and password.

Username: public
Password: sanjose

Click here to access the main index and use the search tool in the right sidebar to find policies by keyword(s).

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Notice of Non-Discrimination

San José Unified School District prohibits discrimination, harassment, intimidation or bullying on the basis of age, sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race, ancestry, national origin, religion, marital, parental or family status, color, mental or physical disability, 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 its educational programs and activities or employment practices as required by Americans with Disabilities Act (ADA), Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Section 504 or the Rehabilitation Act of 1973, and the Vocational Education Act of 1976. The lack of English language skills will not be a barrier to admission and participation in the District’s programs. Students, parents, employees, or others who wish further information about these regulations, or who wish to file a complaint, should contact the following persons:

For Title IX, discrimination or equity complaints involving students:
Director of Student Services/Student Title IX Coordinator, Dane Caldwell-Holden at (408) 535-6080 ext. 13212 (.(JavaScript must be enabled to view this email address)), 855 Lenzen Avenue, San Jose, CA 95126

For Title IX, discrimination or equity complaints involving staff:
Assistant Superintendent of Human Resources, Dominic Bejarano at (408) 535-6139 ext. 15015 (.(JavaScript must be enabled to view this email address)), 855 Lenzen Avenue, San Jose, CA 95126

For Section 504 Compliance complaints involving students:
SJUSD 504 Coordinator, Teresa Langner at (408) 535-6195 ext. 13229,
855 Lenzen Avenue, San Jose, CA 95126

For facilities or other ADA complaints:
Director of Facilities and Construction, Steve Adamo at 408-535-6000 ext. 19411, 855 Lenzen Avenue, San Jose, CA 95126

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Section 504: Students with Disabilities

A student eligible for services under Section 504 is one who (a) has a physical or mental impairment that substantially limits one or more major life activities, including learning, (b) has a medical record of such an impairment, or (c) is regarded by administrative and educational staff as having such an impairment. Major life activities are functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. A qualified disabled student, with respect to public preschool, elementary, secondary, or adult educational services, is a disabled person of an age during which non-disabled persons are provided such services, or of any age during which it is mandatory under state law to provide such services to disabled persons.

Any student may be referred by a parent/guardian, teacher, other certificated school employee or community agency for consideration as a disabled student under Section 504. This referral should be made to the school site principal. The 504 Team will promptly consider the referral. The district will complete identification, evaluation, and educational placement process within a reasonable time frame. A Section 504 evaluation will be completed within fifty (50) days of the date of the parent/guardian request for and consents to the evaluation and the District’s consent to the evaluation. The fifty (50) day deadline excludes days of school vacation in excess of five (5) days, and days that school is not in session. This deadline may be extended if the parent or guardian so agrees in writing.

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Title IX: Gender Equity

Title IX of the Education Amendments of 1972 is a federal law prohibiting gender discrimination in any school receiving federal funds. The text of the law states: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.

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Sexual Harassment

The Governing Board is committed to maintaining a school environment that is free from harassment and discrimination.  The Board prohibits sexual harassment of any student by another student, an employee or other person, at school or at a school-sponsored or school-related activity. The Board also prohibits retaliatory behavior or action against any person who complains, testifies, assists or otherwise participates in the complaint process established in accordance with this policy.

What is sexual harassment?

Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, and 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: (Education Code 212.5; 5 CCR 4916) included, but not limited to:

  1. Unwelcome leering, sexual flirtations or propositions
  2. Unwelcome Sexual slurs, leering, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions
  3. Graphic verbal comments about an individual’s body, or overly personal conversation
  4. Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures or computer-generated images of a sexual nature
  5. Spreading sexual rumors
  6. Teasing or sexual remarks about students enrolled in a predominantly single-sex class
  7. Massaging, grabbing, fondling, stroking, or brushing the body
  8. Touching an individual’s body or clothes in a sexual way
  9. Purposefully cornering or blocking normal movements or any physical interference with school activities when directed at an individual on the basis of sex
  10. Displaying sexually suggestive objects
  11. Sexual assault, sexual battery, or sexual coercion

And/or under the following conditions:

  1. Submission to the conduct is explicitly or implicitly made a term or condition of an individual’s academic status or progress.
  2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting a student.
  3. 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.
  4. 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 the school.
Complaint Process
  • Any student who feels that he/she is being or has been subjected to sexual harassment on school grounds or at a school-sponsored or school-related activity (e.g., by a visiting athlete or coach) shall immediately contact a school employee.  A school employee to whom a complaint is made shall, within 24 hours of his/her getting the complaint, report it to the principal. 
  • Any school employee who observes any incident of sexual harassment on any student shall similarly report his/her observation to the principal, whether or not the victim makes a complaint. If the alleged harasser is the principal, the employee may report the complaint or his/her observation of the incident to the Superintendent or designee who shall investigate the complaint.
  • The Superintendent or designee shall ensure that any complaints regarding sexual harassment are immediately investigated in accordance with administrative regulation.
  • When the Superintendent 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 principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate the complaint.
  • Where the principal or designee finds that sexual harassment occurred, he/she shall take prompt, appropriate action to end the harassment and address its effects on the victim.
  • The principal or designee shall also advise the victim of any other remedies that may be available. 
  • The principal or designee shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where necessary.
  • In addition, the student may file a formal complaint with the Superintendent or designee in accordance with the district’s uniform complaint procedures. Information gathered in the course of investigating a sexual harassment complaint shall be kept confidential to the extent possible.
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