School Board Policies and Guidelines

SCUSD’s Governing Board believes that students should have opportunities to discuss controversial issues that have political, religious, social, historical, or economic significance in an age-appropriate manner with educator guidance and support. The study of a controversial issue should help students learn how to gather and organize pertinent facts, discriminate between fact and fiction, draw intelligent conclusions, build empathy, and respect the opinions of others.

The Governing Board recognizes that the district's educational program may sometimes include instruction related to controversial issues that may arouse strong reactions based on personal values and beliefs, political philosophy, culture, religion, or other influences. Instruction concerning such topics shall be relevant to the adopted course of study and curricular goals and should be designed to develop students' critical thinking skills, ability to discriminate between fact and opinion, respect for others, and understanding and tolerance of diverse points of view. 

The Board expects teachers to exercise caution and discretion when deciding whether or not a particular issue is suitable for study or discussion in any particular class. The Board also expects teachers to ensure that all sides of a controversial issue are impartially presented, with adequate and appropriate factual information. Without promoting any political, religious, social, historical, or economic point of view, the teacher should help students separate fact from opinion and warn them against drawing conclusions from insufficient data.

To learn more about the district’s policy governing controversial issues, please review SCUSD Policy 6144 and Regulation 6144.

Free speech, as a fundamental democratic right under the First Amendment, encompasses the freedom to express ideas and opinions without censorship or retaliation. In general, the First Amendment safeguards speech when expressed as a private citizen discussing a matter of public concern. However, if speech occurs while fulfilling job responsibilities within the scope of the duty day, the First Amendment does impose limitations on protecting that speech. Teacher speech should be guided by the expectation of legitimate educational purpose. This is because such speech is typically viewed as representative of the school district rather than that of an individual private citizen. 

Similarly, our students have a right to exercise freedom of speech and expression. In SCUSD, state and federal laws and Board Policy protect the right to free speech, while ensuring that opposing views may also be expressed. The District strives to balance the right to dissent with the right to be heard, the right to speak one’s mind with the right to listen. Basic guidelines state that whenever one person’s or one group’s activities prevent another’s sanctioned activity from taking place, rights are being violated. SCUSD has the responsibility and authority to protect those rights. Common sense and courtesy are guiding standards of most activities. They must be conducted in a manner consistent with the law and Board Policy, and may not disrupt school activities. 

To learn more about the district’s policy regulating student’s freedom of speech and expression, please review SCUSD Board Policy 5145.2 Freedom of Speech/Expression.

SCUSD’s Governing Board prohibits hate speech and all forms of hate-motivated behavior. Hate speech involves expressions (including written and/or verbal such as racial slurs, verbal name calling, or display of offensive materials) that promote violence, discrimination, or hostility against individuals or groups based on attributes such as race, religion, ethnicity, gender, sexual orientation, disability or other protected characteristics. Hate speech is recognized as a harmful form of expression that undermines principles of equality, humanity, and mutual respect. 

To learn more about the district’s policy regulating hate motivated-behavior, including hate speech, please review SCUSD Board Policy 5145.9 Hate-Motivated Behavior. 

SCUSD facilities are provided primarily for the education of students. District facilities are available for civic and community use when the activity is consistent with the best interest of the District, does not interfere with District educational programs, and in alignment will allowable uses as described in the policy. District General Terms and Conditions, procedures, and applicable law must be followed by all groups using district facilities. Applications to use district facilities will be subject to approval by the Superintendent or designee(s). 

When campus activities conflict with one another, SCUSD officials have the authority to request those involved in one activity to stop, move, or change their behavior, so that the other activity can continue. 

SCUSD will take action consistent with its commitment to freedom of inquiry and free speech, to ensure compliance with district policies. This may include stopping individual or group behavior when: 

• Doorways, hallways, stairways, fire exits, or fire lanes are blocked, causing a threat to safety. 
• The number of people in a room exceeds its safe capacity. 
• A person’s or a group’s activities pose a threat to the health and safety of themselves or others. 
• A scheduled speaker is prevented from presenting views or responding to questions.
• Someone’s behavior makes it difficult to continue with scheduled or other normal university activities. 
• The security of university property is at risk, unreasonably increasing the likelihood of breakage, damage, loss, or theft. 
• District property is being damaged, or vandalized. 

In addition, action will be taken to stop any illegal activity taking place on district property. 

To learn more about the district’s policy governing access to facilities, including a list of both allowable and prohibited uses, please review SCUSD Board Policy 1330 - Use of School Facilities

All community members, families, students, and staff are subject to the requirements of the SCUSD Board Policy 1313: Civility, which requires that all members of the community utilize civil behavior which is defined as being “polite, courteous, and reasonable behavior which is respectful to others and includes integrity, honesty, acceptance, timeliness, dependability, observance of laws and rules, and effective communication.” To learn more about the District’s policy governing civility, please review SCUSD Board Policy 1313.

In order to eradicate institutional bias of any kind, including implicit or unintentional biases and prejudices that affect student achievement, and to eliminate disparities in educational outcomes for students from historically underserved and underrepresented populations, the district shall proactively identify class and cultural biases as well as practices, policies, and institutional barriers that negatively influence student learning, perpetuate achievement gaps, and impede equal access to opportunities for all students. To learn more about the district’s policy governing equity, please review SCUSD Board Policy 0415 - Equity.

The Board shall make decisions with a deliberate awareness of impediments to learning faced by students of color and/or diverse cultural, linguistic, or socio-economic backgrounds. To ensure that equity is the intentional result of district decisions, the Board shall consider whether its decisions address the needs of students from racial, ethnic, and indigent communities and remedy the inequities that such communities experienced in the context of a history of exclusion, discrimination, and segregation. Board decisions shall not rely on biased or stereotypical assumptions about any particular group of students. 

The Governing Board uses a comprehensive process to adopt district instructional materials that is based on selection criteria established by law and Board policy and includes opportunities for the involvement of parents/guardians and community members. Complaints concerning the content or use of instructional materials, including textbooks, supplementary instructional materials, library materials, or other instructional materials and equipment, shall be properly and fairly considered using established complaint procedures. When any challenged instructional material is reviewed by the district, it shall not be subject to further reconsideration for 12 months, unless the Superintendent determines that reconsideration is warranted. 

To learn more about the district's policy governing complaints concerning instructional materials, please review SCUSD Policy 1312.2 and Regulation 1312.2.

A request form for reconsideration of instructional materials can be found here: Exhibit 1312.2-E(1).

The Governing Board desires to provide a research-based, sequential curriculum that promotes high levels of student achievement and emphasizes the development of basic skills, problem-solving, and decision-making. Upon recommendation of the Superintendent or designee, the Board shall adopt a written district curriculum that describes, for each subject area and grade level, the content objectives that are to be taught in all district schools. To learn more about the district's policy governing curriculum development and evaluation, please review SCUSD Policy 6141 and Regulation 6141.

The Governing Board desires that district instructional materials, as a whole, present a broad spectrum of knowledge and viewpoints, reflect society's diversity, and enhance the use of multiple teaching strategies and technologies. The Board shall adopt instructional materials based on a determination that such materials are an effective learning resource to help students achieve grade-level competency and that the materials meet the criteria specified in law. Textbooks, technology-based materials, and other educational materials shall be aligned with academic content standards and the district's curriculum to ensure that they effectively support the district's adopted courses of study. To learn more about the district's  policy governing the selection and evaluation of instructional materials, please review SCUSD Board Policy 6161.1 and Regulation 6161.1.

Board Policy 1312.3 - Uniform Complaint Process (UCP)

Regulation 4119.12 - Title IX Complaint Process

Regulation 1312.4 - Williams Uniform Complaint Process 

The Governing Board recognizes that the district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early resolution of complaints whenever possible. Any student or parent/guardian or staff member who believes that they have experienced or who witnesses non-compliance with any District policies is strongly encouraged to raise this issue with the school site principal, vice principals, counselor, teacher or any trusted adult as soon as possible in writing or verbally. 

To resolve complaints which may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation. If a student, parent/guardian or staff member would like to report an incident involving a school site administrator or if they feel that the school site did not address their concerns appropriately, they can file a complaint with the Civil Rights and Compliance Office directly. 

For resources and information regarding how and when to file a complaint, please visit the Civil Rights and Compliance Office website or contact the Compliance Officer directly at: 

District Civil Rights and Title IX Compliance Office
1889 Lawrence Road, Santa Clara, CA 95051
Phone: (408) 423-3509
Email: title9@scusd.net, ucp@scusd.net 

To learn more about the district's  policy regarding eligible uniform complaints and procedures, please review SCUSD Policy 1312.3 and Regulation 4119.12.

Complaints related to sufficiency of textbooks or instructional materials shall be resolved pursuant to the district's Williams uniform complaint procedure at Regulation 1312.4.