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.

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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


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.


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.


Sexual Harassment

The Governing Board prohibits the unlawful sexual harassment of any student by any employee, student, or other person in or from the district. The Board expects students or staff to immediately report incidents of sexual harassment to the principal or designee or to another district administrator. Teachers shall discuss this policy with their students in age-appropriate ways and should assure them that they need not endure any form of sexual harassment.

Any student who engages in the sexual harassment of anyone in or from the district may be subject to disciplinary action up to and including expulsion. Any employee who permits or engages in sexual harassment may be subject to disciplinary action up to and including dismissal. Any student who feels that he/she is being harassed should immediately contact the principal or designee at his/her school.

Complaint Process

The principal or designee to whom a complaint of sexual harassment is reported shall immediately investigate the complaint. No more than 30 days after receiving the complaint, the principal 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 principal shall notify the student who complained and explain the reasons for the extension.
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.
The district prohibits retaliatory behavior against any complainant or any participant in the complaint process. Each complaint or sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned.

What is sexual harassment?

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, and other verbal, visual or physical conduct of a sexual nature when:

  1. Submission to the conduct is explicitly or implicitly made a term or condition of an individual’s employment, academic status or progress.
  2. Submission to or rejection of the conduct by an individual is used as the basis for academic or employment decisions affecting the individual.
  3. The conduct had the purpose of effect of having a negative impact on the individual’s academic or work performance, or creating an intimidating, hostile or offensive educational or work environment.
  4. Submission to or rejection of the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities at or through the school (Education Code 212.5).
Other types of sexual harassment

Other types of conduct which are prohibited in the district and which may constitute sexual harassment include:

  • Unwelcome leering, sexual flirtations or propositions.
  • Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions.
  • Graphic verbal comments about an individual’s body, or overly personal conversation.
  • Sexual jokes, stories, drawings, pictures or gestures.
  • Spreading sexual rumors.
  • Teasing or sexual remarks about students enrolled in a predominantly single-sex class.
  • Touching an individual’s body or clothes in a sexual way.
  • Purposefully limiting a student’s access to educational tools.
  • Cornering or blocking of normal movements.
  • Displaying sexually suggestive objects in the educational environment.
  • Any act of retaliation against an individual who reports a violation of the district’s sexual harassment policy or who participates in the investigation of a sexual harassment complaint.

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