Policies

Attendance

Daily attendance and participation in class is important for the success of each student. Students need to be on time to all classes and ready to learn to maximize learning and instructional time.

It is the responsibility of the parents/guardians to make sure students attend school daily (Education Code 48200). Students who miss more than the allotted absences or tardies from school will receive official notices of truancy (Education Code 48260). This process can lead to our district’s Student Attendance Review Board (SARB) (Education Code 48263) and ultimately, the Santa Clara County District Attorney’s Office for review and prosecution (Education Code 48264 and 48293 and Penal Code 270.1).

Truancy – Education Code Section 48260 (a) A pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse three full days in one school year or tardy or absent for more than a 30-minute period during the school day without a valid excuse on three occasions in one school year, or any combination thereof, shall be classified as a truant and shall be reported to the attendance supervisor or to the superintendent of the school district.”

Chronic Absenteeism “A student is considered a chronic absentee if he or she is absent 10 percent of the days they were enrolled in a school. Chronic absence is different from truancy which counts only unexcused absences and indicates a violation of California’s compulsory attendance laws. Average Daily Attendance (ADA) is the average number of students who attend school each day and is used for state funding purposes.”

Absences and Re-admits

Absences and Re-Admit Slips

Students who are absent from school for any part of the school day must report to the Student Center or Bulldog Tech office to pick up a re-admit slip upon return.

Re-admit slips must be picked up before a student returns to class.

The Student Center and Bulldog Tech offices open at 7:40 a.m. each morning and close at 3:00 pm.

If a student picks up a re-admit slip late, he/she will be marked late for the class period in which the re-admit slip has been issued.

Parents/guardians should call the attendance number (408-270-6710) to report the reason for the absence; however, this does not excuse the student from picking up the Re-Admit Slip for his/her absence.

Questions can be directed to Attendance Clerk in the Student Center.

Tardies

Tardies

A student is defined late to school if he/she is not in his/her seat when the late bell rings at 8:05 am. No exception.

In an effort to eliminate tardies to school, an immediate consequence system is used:

  • A tardy to first period results in the student staying after school on that same day. The Come Late, Stay Late policy is described below.
  • Tardies to class throughout the day may lead to detention and/or exclusion from certain student activities. Teachers have the discretion to assign classroom citizenship grades –“N” (needs improvement) or “U” (unsatisfactory) – based on the effect of the tardy.

Students are responsible for serving their assigned consequences.

Come Late, Stay Late

When any student is late for school beyond the three allowed annually, he or she will be required to report to the Student Center after school on that same day (ending at 2:45 p.m.). The time will be used to complete missing work, improve grades, and develop a plan to improve attendance. We want every student on time everyday.

Examples of Excused Absences and Tardies
  1. Illness
  2. Serious illness or death in the immediate family
  3. Medical or dental appointments
  4. Religious holiday observances
Examples of Unexcused Absences and Tardies
  1. Missing the bus, car breaks down, traffic delays, or difficulties with car pool
  2. Trips or vacations
  3. Family outings, babysitting, etc.
  4. Overslept

*Excessive absences, excused and unexcused, are tallied up to determined chronic absenteeism (more than 10% of the school year missed).


California Education Code

Every student shall attend school punctually and regularly, follow school rules, obey all directions of the staff, work diligently, behave appropriately, and respect those in authority. (CA Administrative Code 300).

  1. Those students who continue to defy school authority by word or act, or who commit an obscene act or engage in habitual profanity, are subject to disciplinary action (Ed. Code 48900).
  2. Students who possess, sell, or otherwise furnish any firearm, knife, explosive, or other dangerous object, shall be subject to suspension and expulsion from school and district, and the items will be confiscated (CA Administrative Code 300, Penal Code 653k, Penal Code 62610).
  3. There shall be no smoking or possession of tobacco, tobacco product, or electronic cigarette (or similar product) on school grounds or during any school activity (Ed. Code 48900).
  4. The use, possession or being under the influence of any controlled substance, intoxicant, or alcoholic beverage on school grounds or any school sponsored activity is strictly prohibited. Violators will be suspended from school and subject to referral to the appropriate law enforcement agency (Ed. Code 48900, CA Administrative Code 301).
  5. Any student who destroys or in any way injures public or private property such as books, lockers, buildings, buses, or other equipment may face suspension or expulsion, and the parent or guardian shall be held financially liable.
  6. Any student who steals, or attempts to steal school or personal property, or commits any unlawful act on school buses, school grounds, or on the way to and from school shall be subject to suspension, expulsion and referral to the appropriate law enforcement agency
  7. Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct, except when that the pupil's presence causes a danger to persons (Ed. Code 48900.5). Examples of ”Other means of correction” include:
      • Restorative Practices
      • Community Service
      • Reflection
      • Conference
      • After-school Programs

District Policies

District Policies Provided to Students and Families

The Evergreen School District provides the following written policies for students and families yearly:

  • Student Use of Technology
  • Acceptable Use of Technology
  • Student Substance Abuse
  • Notice of Uniform Complaint
  • Williams Uniform Complaint
  • Student Non-Discrimination
  • Student Sexual Harassment
  • Protection of Pupil Rights Annual Notice to Parents
  • PPRA Annual Notice of Student Education Record Privacy

To see the policies mentioned above and additional helpful information to our school community, please click:
The Evergreen School District Parent Handbook

Uniform Complaint Procedure
The district shall investigate and seek to resolve complaints at the local level.The district follows uniform procedures when addressing complaints alleging unlawful discrimination or failure to comply with state or federal law in programs for consolidated categorical aid, migrant education, child nutrition, special education, adult basic education, vocation education, and child care & development. Contact the Superintendent or Assistant Superintendent of Educational Services, if you have a question concerning noncompliance on any of the programs listed above. After receiving the district's decision regarding a complaint, appeal procedures are available to the California Department of Education. Complainants may use any civil law remedies that may be available.

Addressing Concerns
The goal of this district is to resolve any complaints informally and as close to the source of the concern as possible.

  1. Talk to the person involved.
  2. Talk with the immediate supervisor if resolution is not reached.
  3. Talk to the appropriate director or assistant superintendent if resolution is not reached at the school or work site.
  4. Talk with the superintendent.

Sexual Harassment Policy

Sexual harassment means "any unwelcome sexual advances, requests for sexual favors, and/or other verbal, visual, or physical conduct of a sexual nature made by someone in the educational setting." This conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or creates an intimidating, hostile, or offensive educational environment.

Violators will face disciplinary actions which may include suspension or expulsion from school and subject to referral to the appropriate law enforcement agency.

A student who believes he/she is a victim of sexual harassment is to report such harassment to a teacher, administrator, or other adult authority on campus.

Distractive Articles

Video games, Sharpies, toys or other items that are disruptive to school activities, dangerous, or potentially damaging to school property, are not allowed at school or at school-sponsored functions. Items will be confiscated and must be picked up by the student or parent from an assistant principal. Ear buds are only allowed inside the classroom, if permitted by the classroom teacher. They must be put away during transitions, break, and lunch.


Each classroom teacher is allowed to set guidelines and policies for his or her individual classroom. Violations of these policies may result in assigned detention or other consequences.

Public Displays of Affection (PDAs)

Students are not allowed to hold hands or kiss at school during school activities at LeyVa, on another school campus, or on the way to or from school. Behavior like this is not appropriate for school. Parents will be contacted and disciplinary action will result.

Dangerous Items

Matches, lighters, fireworks, power-laser pointers, permanent markers, spray bottles and spray paint are not allowed at school. Items will be confiscated.

Fighting

All forms of fighting or conspiracies to fight are strictly prohibited and will result in consequences that may include suspension or expulsion. Students who “arrange” for other students to fight will also face severe disciplinary action. Recording, sharing, and/or posting of a video/pictures of a fight will result in disciplinary action and possible law enforcement involvement. This includes walking to and from school.

Bullying

Bullying behaviors which include physical, written, verbal, and electronic, with the intent to harass, sexually harass, threaten, intimidate, cyberbully, or cause bodily or psychological harm, are not allowed. All incidents should be reported immediately to an adult on campus or by completing the online form at:

Bulldog Help Form: leyva.eesd.org/bulldoghelp

Social Media

Any item published on social media having negative effects on our school climate will be handled by school administrators and/or law enforcement agencies if necessary. This includes negative activity done at home. Posting on, making comments, or accessing any social platforms during the school day is not allowed and violations of any kind will result in disciplinary action.

Unauthorized Sales  

Students are not allowed to sell any unauthorized items or collect money on campus. This includes fundraisers for other schools and organizations.

Group Behavior

The administrative team reserves the right to forbid large groups of students from walking around during break, lunch, before school, or after school when that group is perceived as intimidating or any members of the that group have caused an unsafe school environment.

Cell Phones

Students are allowed to have cell phones; however, they must be turned off and put away during the school day when the warning bell rings (8:00 a.m.). Students cannot make calls or text using their personal cell phones during the school day, unless doing so with permission of a staff member. This includes passing periods, break, and lunch.

All devices shall be turned off in class, except when being used for a valid instructional or other school-related purpose, as determined by a staff member.

Devices will be confiscated and parent/guardians contacted when a student uses any prohibited device, uses a permitted device in any unethical or illegal activity, or is found to have non-school appropriate or explicit content on any device.


Each classroom teacher is allowed to set guidelines and policies for his or her individual classroom. Violations of these policies may result in assigned detention or other consequences.

Headphones and earbuds

Earbuds/headphones are allowed at school, but must be put away, unless given permission to use by a staff member. If a teacher allows the use in class, they must be put away when leaving that class. Items out without permission will be confiscated.


Each classroom teacher is allowed to set guidelines and policies for his or her individual classroom. Violations of these policies may result in assigned detention or other consequences.

Bicycles, Skateboards, and Scooters

Bicycles must be locked in one of the two bike racks areas on campus. Once on campus bicycles should be walked to ensure the safety of others.

Skateboard and scooters must be carried while on campus. Before the 8:00 am warning bell, bring the skateboard or scooter to the Student Center. They can be picked up after school ends.

Dress Code

Dress Code

Appropriate and modest attire is expected at school. Students should be comfortable without distraction.

  • Undergarments should not be showing under any circumstances. If clothing is not worn correctly, it must be corrected or parents will be contacted.
  • Hats or hoods are allowed IF worn appropriately on campus, but are subject to individual classroom policies. Face and ears must be visible to school staff.
  • NO profane, vulgar, sexually suggestive, violent, drug, alcohol, tobacco or gang related clothing are allowed. This includes clothing or accessories that are predominately red or blue.
  • Items such as backpacks, belts, and belt buckles will also be monitored. Inappropriate words, designs, or anything causing a distraction may be confiscated and could lead to disciplinary action.

The school administration reserves the right to individually forbid a student from wearing any attire, logos, symbols, or insignias including excessive clothing color, that is determined to create a hostile environment or distracts from learning.

As fashion trends change, the dress code policy is subject to revision.Policy changes will be shared through school communication methods to staff, students, and parents.


Each classroom teacher is allowed to set guidelines and policies for his or her individual classroom. Violations of these policies may result in assigned detention or other consequences.

Consequences

Any student who does not comply with California laws, school policies, or school/classroom rules concerning behavior is subject to the following:

  • Teacher contact parent/guardian
  • Loss of break time or school activity
  • Restorative assignments
  • After school or lunchtime detention
  • Conference with assistant principal or other staff
  • Parent(s) supervision of child at school
  • Parent/student/teacher/assistant principal conference
  • Community service
  • Friday school detention (until 4:15)
  • Supervised suspension (at school)
  • Out-of-School Suspension (1 - 5 days)
  • Loss of one or more end-of-the-year or promotion activities
  • Expulsion from school and/or the Evergreen School District

Detention

  • Lunch Detention- Student assigned to the Student Center during the lunch period. Lunch will be eaten in the Student Center during this time. Students should arrive at the start of lunch.
  • After School Detention- This is a one hour period (2:20p.m. - 3:20p.m.) on specified days. Classroom teachers may also assign detention on other days and times.
  • Friday School - This is a two hours (until 4:15pm) on select Fridays for more severe situations.

Students must arrive on time and make arrangements to be picked up for after school detentions promptly at the end. Detention forms are sent home with students, and he/she are responsible for getting parents signature. Students need to bring class work to complete and/or a book to read. During detention students must work quietly. Personal needs such as eating, drinking and using the restroom should be taken care of before entering the after school detention. Failure to attend/complete any detention will result in further disciplinary action.

Breakfast and Lunch

The Bulldog Café makes purchasing breakfast and lunch at school quick and efficient. The food is prepared on site, which makes it tasty, fresh, and nutritious.

School meals and other items are available daily:

  • Breakfast $2.00 (full price)
  • Lunch $ 3.50 (full price)
  • A la carte items are also available: milk, water, chocolate chip cookies ($0.75) and Izze© drinks ($1.50).

Free or reduced lunch prices may be available. Apply at the beginning of the year or upon registration. eesd.org > Child Nutrition Services

Lunch menus can be found on the school website. leyva.eesd.org

Students who do not have lunch or breakfast now have the ability to charge their meal to their account. www.myschoolbucks.com

Students must eat breakfast and lunch in the designated eating areas for supervision and clean up purposes.

For safety reasons, parents and/or visitors ARE NOT allowed to eat with students in the parking lot during break and/or lunchtime.

Due to food allergies, child nutrition guidelines, and dietary restrictions, you can only provide food for your own child.

No off-campus food of any kind may be brought on campus to share with students in class. This includes orders from food delivery services.

Celebratory Items

Celebratory items are not permitted. Items such as balloons, flowers, and gifts should be left off campus, during non-school hours. These items create distractions to the learning environment.

Additionally, food items such as cupcakes, pizzas, cakes, etc., are NOT allowed. This includes both home baked/prepared goods and purchased goods.

Academic Honesty

The expectation at LeyVa is academic honesty and integrity. Academic dishonesty (a.k.a. cheating) includes but is not limited to copying someone else’s work, or supplying one’s work to another for the same purpose. Additionally, plagiarism or using unauthorized materials is not allowed.

Sports Academic Eligibility and Offerings

Sports Academic Eligibility
Students involved in school sports must stay in “good” academic standing:

  • maintain a 2.0 grade point average
  • NO F’s
  • have a signed permission slip
  • insurance coverage

Official grade checks are done for each sport. If a student does not meet the criteria, he/she is no longer eligible to continue that sport for the entire duration of the season. This is a league policy and is strictly enforced. There are NO exceptions.

Sports Offerings and Seasons

August

Cross Country (co-ed)

October

Wrestling (co-ed)

Basketball (girls)

December

Basketball (boys)

February

Soccer (boys and girls)

Volleyball (boys and girls)

April

Track and Field (co-ed)

Dances and Activities

Dances in middle school are fun! It’s a great way to hang out with friends, laugh, and of course show off your dance moves!

To participate in after-school activities and dances, students must be in attendance on the day of the event.

In order to attend LeyVa dances and activities, students are required to have a signed parent permission slip, a prearranged ride home, and the appropriate school dress attire. All school policies apply.

LeyVa dances are closed events. Only LeyVa students may attend LeyVa dances, and they must stay for the entire dance.

Students are required to prearrange a ride home at the end of the dance or any after-school activity. Failure to be picked up in a timely fashion may result in loss of future activities/privileges.

LeyVa Middle School

  • 1865 Monrovia Drive
  • |
  • San Jose, CA 95122-1505
  • |
  • Phone: 408-270-4992
  • |
  • Fax: 408-270-5462
© Evergreen School District
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