OAKLAND UNIFIED SCHOOL DISTRICT
Board Policy
BP 5030
Students
Wellness
Introduction
The Governing Board of the Oakland Unified School Board recognizes that wellness is fundamental to student learning and achievement. Children who are physically and emotionally healthy are ready to grow, learn, and achieve success.
The Wellness Policy addresses student vulnerability to childhood obesity and the chronic illnesses associated with it. It also addresses other aspects of wellness, including emotional and physical safety, staff wellness, health education, and disease prevention. This comprehensive policy supports all aspects of health and fitness and lays the foundation for a more successful school district. The Wellness Policy encompasses six distinct but inter-related policy areas: (1) Nutrition; (2) Physical Education and Physical Activity; (3) Health Education; (4) Safe and Healthy School Environments; (5) Student Wellness Services; and (6) Staff Wellness.
The Superintendent of Schools or designee shall be responsible for implementation and coordination of the Policy. The Superintendent or designee is urged to consult and confer with a broad range of stakeholders interested in the effective implementation of the policy.
The Board recognizes that it is the District’s role, as part of the larger community, to model and actively practice, through policies and procedures: the promotion of healthy families and staff, physical activity, good nutrition, and safe and healthy school environments.
The Board further recognizes that the sharing and enjoyment of nutritious and appetizing food and beverages, and participation in physical activity, are fundamental experiences for all people and are a primary way to nurture and celebrate our cultural diversity. These fundamental human experiences are vital bridges for building friendships, forming inter-generational bonds, and strengthening communities.
Through this Wellness Policy:
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All students shall have the opportunity to consume healthy food and beverages and receive quality physical education in school.
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Every school shall be a safe, clean, and healthy place for children and employees to learn and work, with a climate that nurtures learning, achievement, and growth of character.
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All students shall be taught the essential knowledge and skills they need to become “health literate” – that is, to make health-enhancing choices and avoid behaviors that can damage their health and wellbeing.
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Each school shall be organized to reinforce students’ adoption of health-enhancing behaviors, and school staff shall be encouraged to model healthy lifestyles.
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School leaders shall ensure that the nutrition, health services, and social services that children need in order to learn are provided at the school site and in partnership with parents and community agencies.
The Superintendent of Schools or designee shall be responsible for the oversight, implementation and evaluation of the District’s Wellness Policy. The Superintendent or designee shall prepare an Annual Progress Report on implementation of the Wellness Policy – successes and/or failures – and, if findings warrant, recommend policy amendments to the Governing Board.
Nutrition
Ensure No OUSD Student Goes Hungry: The District shall strive to strengthen its outreach to students and their families to ensure that all eligible OUSD students are enrolled in free/reduced meal program. The District shall ensure that all OUSD students have access to nutritious lunches throughout school year and via summer meal program. The District shall make every effort to ensure that all OUSD students have access to nutritious school breakfast and after school snacks.
Nutritional Standards: The District shall provide food and beverages that promote good health and meet or exceed all State and Federal requirements.
Food & Beverages Served/Sold: All foods and beverages sold, served, or otherwise made available on campus, including those provided by District meal programs, a la carte, fundraising, and in vending machines shall comply with this Wellness
Policy and with all State and Federal requirements.
Vending Machines: The District shall implement a district wide Vending Machine Program that places exclusive authority over all vending activities under control of District administrators.
The District shall collaborate with community organizations, parents, students, and staff to ensure active participation and input regarding meal services.
Environmental Impact: To the maximum extent possible under existing budgetary constraints and recognizing the Results Based Budgeting process, the District shall use bio-degradable, compostable, or recycled disposable supplies.
Fundraising Efforts: The foods and beverages sold at fundraisers shall reinforce classroom nutrition by modeling and promoting healthy behaviors. Food and beverages sold as part of fundraising efforts shall meet or exceed nutritional standards of the Wellness Policy and CURFFL (California Uniform Retail Food Facility Law) standards.
Rewards: Food offered to the students and employees of the district during the day as an incentive or reward for performance shall be consistent with the standards of this Wellness Policy. The withholding of food as punishment for students is prohibited.
Celebrations: Food and beverages served as part of a celebration held on school grounds (i.e., birthday parties, dances, etc.) shall meet or exceed nutritional standards of the Wellness Policy and CURFFL (California Uniform Retail Food Facility Law) standards.
School Gardens: The District shall make every effort (within existing budgetary constraints) to establish a garden (tilled ground, raised bed, container, nearby park, community garden, farm, or lot) for each school site of sufficient size to provide students with experiences in planting, harvesting, preparation, serving, and tasting foods. Each school site with a school garden shall seek to find a volunteer garden coordinator.
Meal Service & Time: It is the intent of the Oakland Unified School District to provide adequate time during the lunch period for students to purchase a meal, eat their meal without rushing, and to clean up after themselves. The District shall provide adequate facilities for students to consume their meals. The District shall provide adequate adult supervision during meal service.
Advertising Guidelines: The District shall not allow advertising of food and beverage items that do not meet the nutrition standards of the Wellness Policy.
References
BP 3550- Food Services/Child Nutrition Program
BP 3554- Other Food Sales
EDUCATION CODE
35182.5 Contracts
38080-38103 Cafeteria, establishment and use
45103.5 Contracts for management consulting services; restrictions
49430-49436 Pupil Nutrition, Health, and Achievement Act of 2001
49490-49493 School breakfast and lunch programs
49500-49505 School meals
49510-49520 Nutrition
49530-49536 Child Nutrition Act
49540-49546 Child care food program
49547-49548.3 Comprehensive nutrition services
49550-49560 Meals for needy students
49570 National School Lunch Act
HEALTH AND SAFETY CODE
113700-114455 California Uniform Retail Food Facilities Law
CODE OF REGULATIONS, TITLE 5
15500-15501 Food sales by student organizations
15510 Mandatory meals for needy students
15530-15535 Nutrition education
15550-15565 School lunch and breakfast programs
UNITED STATES CODE, TITLE 42
1751-1769 School lunch programs
1771-1791 Child nutrition, especially:
1773 School breakfast program
CODE OF FEDERAL REGULATIONS, TITLE 7
210.1-210.31 National School Lunch Program
220.1-220.21 National School Breakfast Program
Physical Education and Physical Activity
The Physical Education program shall be an essential element of each school’s instructional program. The program shall provide the opportunity for all students, regardless of ability, to develop the skills, knowledge, and attitudes necessary to participate in a lifetime of healthy physical activity, as outlined in the Physical Education Model Content Standards for California Public Schools Kindergarten through Grade Twelve and the Physical Education Framework for California Public Schools Kindergarten through Grade Twelve.
The Governing Board recognizes the positive benefits of physical activity for student health and academic achievement. Besides promoting high levels of personal achievement and a positive self-image, Physical Education activities should teach students how to cooperate in the achievement of common goals.
In accordance with state law, instruction in Physical Education shall be provided for a total period of time of not less than 200 minutes each 10 school days for students in grades 1-6 (exclusive of recesses and the lunch period) and not less than 400 minutes each 10 school days for students in grades 7-12. The District recognizes that physical fitness and motor development of children in schools is of equal importance to that of core elements of the curriculum, and therefore shall be enforced with the same rigor.
Physical Education shall be taught by a credentialed teacher. (EC 44203)
The District will make every effort, under existing budgetary constraints, to employ a single subject credentialed teacher in Physical Education to provide instruction in Physical Education for each class of grades 1 to 6, inclusive, within any elementary school in the district for a total period of time of not less than 200 minutes each 10 school days, exclusive of recesses and the lunch period.
The District will make every effort to provide each teacher providing instruction in Physical Education to any of grades 1 to 6, inclusive, within any elementary school in the district with yearly theoretical and practical training in developmentally appropriate Physical Education as set forth in the Physical Education Framework adopted by the State Department of Education.
Under existing budgetary constraints, all teachers assigned to deliver Physical Education instruction shall receive focused, ongoing, professional development related to curriculum, instruction and assessment in Physical Education.
(cf. 5121 - Grades/Evaluation of Student Achievement)
(cf. 6142.8 - Comprehensive Health Education)
(cf. 6145.2 - Athletic Competition)
(cf. 6146.1 - High School Graduation Requirements)
(cf. 6190 - Evaluation of the Instructional Program)
The Board shall approve the components of the Physical Education program. The district's program shall include a variety of kinesthetic activities, including team and individual sports, lifetime sports and activities, as well as aesthetic movement forms, such as dance.
The Oakland Unified School District shall adopt the Physical Education Model Content Standards for California Public Schools Kindergarten through Grade Twelve. The Oakland Unified School District shall also implement the contents of the Physical Education Framework for California Public Schools Kindergarten through Grade Twelve.
(cf. 6143 - Courses of Study)
Appropriate interventions, adaptive equipment, and/or an alternative activity shall be provided for students with a physical disability or medically diagnosed health limitations, behavior disorders, and cognitive delays that may restrict excessive physical exertion.
(cf. 6164.6 - Identification and Education under Section 504)
Physical Education staff shall appropriately limit the amount or type of physical exercise required of students during air pollution episodes, hot weather or other inclement conditions.
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
EC 51206, 52751, 52750
EC 51210, 51222
Health Education
Instruction
Comprehensive Health Education
The Governing Board believes that health education is essential to student performance and academic success. Health education should build resiliency and foster the knowledge, skills and behaviors that students need in order to lead healthy, productive lives. The district's health education program shall teach nutrition and healthy food choices, the value of physical activity, personal responsibility for one's own lifelong health, respect for and promotion of the health of others, the process of growth and development, and informed use of health-related information, products and services.
The district shall provide a planned, sequential health education curriculum for students in grades K-12 that is research based and age appropriate. The content of health instruction shall be offered in accordance with law, Board policy, fiscal constraints, and administrative regulation and the Health Framework for California Public Schools, Grades K-12.
(cf. 6143 - Courses of Study)
The Board intends for health education to be part of a comprehensive district program to promote the health and well-being of students and staff. Instruction in health-related topics shall be supported by physical education, health services, nutrition services, psychological and counseling services, and a safe and healthy school environment.
(cf. 3513.3 - Tobacco-Free Schools)
(cf. 3514 - Environmental Safety)
(cf. 3550 - Food Service/Child Nutrition Program)
(cf. 4020 - Drug and Alcohol-Free Workplace)
(cf. 4119.43/4219.23/4319.23 - Universal Precautions)
(cf. 5141.23 - Infectious Disease Prevention)
(cf. 5141.3 - Health Examinations)
(cf. 5141.6 - Student Health and Social Services)
(cf. 5142 - Safety)
(cf. 5146 - Married/Pregnant/Parenting Students)
(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Education)
(cf. 6142.7 - Physical Education)
(cf. 6164.2 - Guidance/Counseling Services)
Legal Reference:
EDUCATION CODE
233.5 Duty concerning instruction of students
8850.5 Family relationships and parenting education
35183.5 Sun protection
49413 First aid training
49430-49436 Pupil Nutrition, Health and Achievement Act of 2001
49490-49493 School breakfast and lunch programs
49500-49505 School meals
51202 Instruction in personal and public health and safety
51203 Instruction on alcohol, narcotics and dangerous drugs
51210 Areas of study
51220.5 Parenting skills; areas of instruction
51260-51269 Drug education
51265 Gang violence and drug and alcohol abuse prevention inservice
51513 Personal beliefs
51890-51891 Comprehensive health education programs
51913 District health education plan
51920 Inservice training, health education
51930-51939 Comprehensive sexual health and HIV/AIDS prevention education
CALIFORNIA CODE OF REGULATIONS, TITLE 5
11800-11801 District health education plan
Management Resources:
CSBA PUBLICATIONS
Healthy Food Policy Resource Guide, 2003
CDE PUBLICATIONS
Health Framework for California Public Schools: Kindergarten Through Grade Twelve, 2003
CDHS PUBLICATIONS
Jump Start Teens, 1997
Playing the Policy Game, 1999
School Idea and Resource Mini Kit, 2000
WEB SITES
CSBA: http://www.csba.org
CDE: http://www.cde.ca.gov
CDHS, School Health Connections: http://www.mch.dhs.ca.gov/programs/shc/shc.htm
California Project LEAN (Leaders Encouraging Activity and Nutrition): http://www.californiaprojectlean.org
California Healthy Kids Resource Center: http://www.californiahealthykids.org
Centers for Disease Control and Prevention: http://www.cdc.gov
National Hearing Conservation Association: http://www.hearingconservation.org
Healthy and Safe School Environment
The Governing Board recognizes that students and staff have the right to a safe and secure campus where they are free from environmental, physical and psychological harm. The Board shall identify and address potential risks to health and the environment and shall ensure that environmental resources are used in a responsible manner. In addition, the Board is fully committed to maximizing school safety and to creating a positive learning environment that teaches strategies for violence prevention and emphasizes high expectations for student conduct, responsible behavior and respect for others.
1. Social & Emotional
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Each school must provide a learning environment for every student, teachers, and staff that is safe, orderly, caring, respectful, and equitable and will incorporate social and emotional learning into their curriculum for each grade level.
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Conflict resolution must be taught at all grade levels.
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Bullying will not be tolerated at any school site. Discipline for bullying shall aim at behavioral change rather than punitive.
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The OUSD prohibits firearms or weapons on school campuses.
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The OUSD prohibits discrimination or harassment of any kind.
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The OUSD prohibits sexual harassment of any kind.
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Each site must protect students, teachers, and staff from hate -motivated behavior through appropriate sensitivity training and diversity education.
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Each school must develop a process for discipline and use preventative measures and positive conflict resolution techniques.
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Multiethnic cultural awareness is taught at all grade levels and integrated in all curricula to foster intercultural understanding, communication, and respect in an increasingly diverse society. Diversity training will be provided to staff and families whenever possible.
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School sites will find alternatives to suspensions by implementing policies and programs especially in cases of defiance of authority, profanity, and fighting. Sites will provide programs that teach conflict resolution skills aimed at changing root attitudes and behavior rather than being punitive. These programs must promote maximum classroom time and must be implemented equitably. School sites are encouraged to provide staff development training in conflict resolution and positive discipline whenever possible.
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School sites shall create a plan in School Site Council to encourage parent involvement.
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Every effort shall be made to alert families of all available resources and services. For example, mental health services, health clinics etc.
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Signage shall be visible and available in the school’s primary languages to promote safety, communication, and respect for all.
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Parent letters and other information related to students and families shall be translated in languages reflective of the student population.
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Each principal shall ensure the development of a comprehensive site level safety plan. The safety plan must include social and emotional environment.
(cf. 3515.3 - District Police/Security Department)
(cf. 0450 - Comprehensive Safety Plan)
(cf. 4158/4258/4358 - Employee Security)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Individuals with Disabilities))
(cf. 5138 - Conflict Resolution/Peer Mediation)
Legal Reference:
EDUCATION CODE
35291 Governing board to prescribe rules for discipline of the schools
48900 Grounds for suspension/expulsion
48902 Notification of law enforcement authorities
48915 Required recommendation for expulsions
48916 Readmission
49330-49335 Injurious objects
PENAL CODE
245 Assault with deadly weapon
417.2 Imitation firearms
417.4 Imitation firearm; drawing or exhibiting
626.9 Gun-Free School Zone Act of 1995
626.10 Dirks, daggers, knives, razor or stun gun; bringing or possessing in school or on school grounds; exception
653k Soliciting a minor to commit certain felonies
12001 Control of deadly weapons
12020-12028.5 Unlawful carrying and possession of concealed weapons
12403.7 Weapons approved for self defense
12220 Unauthorized possession of a machinegun
12401 Tear gas
12402 Tear gas weapon
12403.7 Weapons approved for self defense
12403.8 Minors 16 or over; tear gas and tear gas weapons
UNITED STATES CODE, TITLE 20
6301-7941 No Child Left Behind Act; especially:
7151 Gun-Free Schools Act
Management Resources:
CDE COMMUNICATIONS
0401.01 Protecting Student Identification in Reporting Injurious Objects
WEB SITES
CDE, Safe Schools and Violence Prevention Office: http://www.cde.ca.gov/ spbranch/safety/safetyhome
CSBA: http://www.csba.org
(cf. 5137 - Positive School Climate)
(cf. 5141.41 - Child Abuse Prevention)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 6142.1 - Family Life/Sex Education)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
(cf. 5141.4 - Child Abuse Reporting Procedures)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex
48900.2 Additional grounds for suspension or expulsion; sexual harassment
48904 Liability of parent/guardian for willful student misconduct
48980 Notice at beginning of term
CIVIL CODE
51.9 Liability for sexual harassment; business, service and professional relationships
1714.1 Liability of parents/guardians for willful misconduct of minor
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs receiving state financial assistance
UNITED STATES CODE, TITLE 20
1681-1688 Title IX, Discrimination
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
UNITED STATES CODE, TITLE 42
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
CODE OF FEDERAL REGULATIONS, TITLE 34
106.1-106.71 Nondiscrimination on the basis of sex in education programs
COURT DECISIONS
Reese v. Jefferson School District, (2001) 208 F.3d 736
Davis v. Monroe County Board of Education, (1999) 526 U.S. 629
Gebser v. Lago Vista Independent School District, (1998) 118 S.Ct. 1989
Nabozny v. Podlesny, (1996, 7th Cir.) 92 F.3d 446
Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447
Oona R.-S. etc. v. Santa Rosa City Schools et al, (1995) 890 F.Supp. 1452
Rosa H. v. San Elizario Ind. School District, (W.D. Tex. 1995) 887 F. Supp. 140, 143
Clyde K. v. Puyallup School District #3, (1994) 35 F.3d 1396
Patricia H. v. Berkeley Unified School District, (1993) 830 F.Supp. 1288
Franklin v. Gwinnet County Schools, (1992) 112 S. Ct. 1028
Kelson v. City of Springfield, Oregon, (1985, 9th Cir.) 767 F.2d 651
Management Resources:
OFFICE OF CIVIL RIGHTS AND NATIONAL ASSOCIATION OF ATTORNEYS GENERAL
Protecting Students from Harassment and Hate Crime: A Guide for Schools, January 1999
OFFICE OF CIVIL RIGHTS' PUBLICATIONS
Revised Sexual Harassment Guidance, January 2001
Sexual Harassment Guidance, March 1997
WEB SITES
OCR: http://www.ed.gov/offices/OCR
(cf. 0450 - Comprehensive Safety Plan)
(cf. 3515 - Campus Security)
(cf. 3515.3 - District Police/Security Department)
(cf. 3515.4 - Recovery for Property Loss or Damage)
(cf. 4158/4258/4358 - Employee Security)
(cf. 5136 - Gangs)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
(cf. 6164.5 - Student Success Teams)
(cf. 6159.4 - Behavioral Interventions for Special Education Students)
(cf. 6182 - Opportunity School/Class/Program)
(cf. 6184 - Continuation Education)
(cf. 6185 - Community Day School)
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)
Legal Reference:
CIVIL CODE
1714.1 Parental liability for child's misconduct
EDUCATION CODE
35146 Closed sessions
35291 Rules
35291.5-35291.7 School-adopted discipline rules
35294-35294.9 School safety plans
37223 Weekend classes
44807.5 Restriction from recess
48630-48644.5 Opportunity schools
48900-48926 Suspension and expulsion
48980-48985 Notification of parents or guardians
49000-49001 Prohibition of corporal punishment
49330-49335 Injurious objects
CODE OF REGULATIONS, TITLE 5
307 Participation in school activities until departure of bus
353 Detention after school
Management Resources:
CSBA PUBLICATIONS
Protecting Our Schools: Governing Board Strategies to Combat School Violence, 1999
CDE PROGRAM ADVISORIES
1010.89 Physical Exercise as Corporal Punishment, CIL 89/9-3
1223.88 Corporal Punishment, CIL: 88/9-5
WEB SITES
CDE: http://www.cde.ca.gov
USDOE: http://www.ed.gov
2. Physical Environment
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Each principal shall ensure the development of a comprehensive site level safety plan. The safety plan must consider safe physical environment, assuring each student a safe, respectful, accepting, and emotionally nurturing environment.
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The OUSD shall implement appropriate practices to minimize the risk of harm to students and prevent student injury including practices relative to school facilities and equipment, outdoor environment, educational programs, and school sponsored activities.
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Staff shall be responsible for student safety and supervision during school. Copy of rules shall be sent home. Students shall receive instruction on topics related to safety, injury and disease prevention.
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Each principal shall ensure compliance at the school site with all relevant laws, policies and plans addressing safety in emergency and disaster situations. The District shall ensure compliance by all schools in the district through an annual audit that shall be provided to the oversight committee to be included in its report to the School Board
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The OUSD shall establish regulations to prevent and or reduce environmental hazards. Areas of concern shall include but not be limited to heating, ventilation, building materials, cleaning materials, equipment, vehicles, and outdoor pollutants. BP3514.
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The district will adopt an integrated pest management program to eliminate potentially hazardous chemicals from school sites to ensure the health and safety of the staff and students.
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The superintendent or designee shall develop an integrated waste management program to reduce waste, conserve natural resources and protect the environment.
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The OUSD will make every effort to educate staff, students, and parents/guardians about asthma and will establish management and support systems for students with asthma.
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School sites shall be clean. No student, teacher, or staff should be required or permitted to be in any place which is unsafe or unhealthful. Sites shall provide an environment for students, teachers, and staff that are conducive to learning.
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Each school shall ensure that there is a clean and safe play environment which includes climbing elements, space to run and play active sports as well as encourage non-sport activities. When possible, grass or other natural elements should be integrated into play yards to offer non-asphalt or cement play environments.
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Each school shall make every effort to work with the City to provide viable and safe walking and/or bicycle paths to and around the school when possible.
(cf. 0450 - Comprehensive Safety Plan)
(cf. 3320 - Claims and Actions Against the District)
(cf. 3514 - Environmental Safety)
(cf. 3514.1 - Hazardous Substances)
(cf. 3514.2 - Integrated Pest Management)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
(cf. 3530 - Risk Management/Insurance)
(cf. 3542 - School Bus Drivers)
(cf. 3543 - Transportation Safety and Emergencies)
(cf. 4119.42/4219.42/4319.42 - Exposure Control Plan for Bloodborne Pathogens)
(cf. 4119.43/4219.43/4319.43 - Universal Precautions)
(cf. 5131 - Conduct)
(cf. 5131.1 - Bus Conduct)
(cf. 5141 - Health Care and Emergencies)
(cf. 5141.1 - Accidents)
(cf. 5142.1 - Identification and Reporting of Missing Children)
(cf. 5142.2 - Crossing Guards)
(cf. 5143 - Insurance)
(cf. 5144 - Discipline)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 6145.2 - Athletic Competition)
(cf. 6161.3 - Toxic Art Supplies)
(cf. 7111- Evaluating Existing Buildings)
(cf. 3514: Environmental Safety)
(cf. 3516 Emergencies and Disaster Preparedness Plan)
(cf. 4158 Employee Security)
(cf. 5131 Campus Disturbances)
(cf. 5142 Saftey)
Legal Reference:
EDUCATION CODE
8482-8484.6 Before and After School Learning and Safe Neighborhood Partnerships Program
17280-17317 Building approvals (Field Act)
17365-17374 Fitness of school facilities for occupancy
32001 Fire alarms and drills
32020 School gates; entrances for emergency vehicles
32030-32034 Eye safety
32040 First aid equipment
32050-32051 Hazing
32225-32226 Two-way communication devices in classrooms
32240-32245 Lead-free schools
32250-32254 CDE school safety and security resources unit
32270.5 Cellular telephones for classroom safety
35183.5 Sun protection
35294-35294.9 Safety plans
44807 Duty of teachers concerning conduct of students to and from schools, on playgrounds, and during recess
44808 Exemption from liability when students are not on school property
44808.5 Permission for students to leave school grounds; notice (high school)
49300-49307 School safety patrol
49330-49335 Injurious objects
49341 Hazardous materials in school science laboratories
51202 Instruction in personal and public health and safety
GOVERNMENT CODE
810-996.6 California Tort Claims Act, especially:
815 Liability for injuries generally; immunity of public entity
835 Conditions of liability
4450-4458 Access to public buildings by physically disabled persons
HEALTH AND SAFETY CODE
115725-115750 Playground safety
115775-115800 Wooden playground equipment
115810-115816 Playground safety and recycling grants
PUBLIC RESOURCES CODE
5411 Purchase of equipment usable by physically disabled persons
VEHICLE CODE
21212 Use of helmets
CODE OF REGULATIONS, TITLE 5
202 Exclusion of students with a contagious disease
5531 Supervision of social activities
5552 Playground supervision
5570 When school shall be open and teachers present
14103 Bus driver; authority over pupils
CODE OF REGULATIONS, TITLE 22
65700-65750 Safety regulations for playgrounds; definitions and general standards
COURT DECISIONS
Hoyem v. Manhatten Beach City School District, (1978) 22 Cal. 3d 508
Dailey v. Los Angeles Unified School District, (1970) 2 Cal 3d 741
Management Resources:
OFFICE OF THE STATE ARCHITECT ADVISORIES
400.90 Death and Injury from Collapse of Free-Standing Walls
U.S. CONSUMER PRODUCT SAFETY COMMISSION
Handbook for Public Playground Safety, 1997, Pub. No. 325
AMERICAN SOCIETY FOR TESTING AND MATERIALS
F 1487-98, Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, 1998
CENTERS FOR DISEASE CONTROL PUBLICATIONS
Guidelines for School Programs to Prevent Skin Cancer, April 26, 2002
WEB SITES
CDE, School Safety Branch: http://www.cde.ca.gov/spbranch/safety
California Department of Health Services: http://www.dhs.ca.gov
Environmental Protection Agency: http://www.epa.gov
Centers for Disease Control: http://www.cdc.gov
Student Wellness
The District recognizes that good health is a prerequisite to optimal learning and that schools can help students achieve academic success by participating in efforts that promote good health. The District defines health in a broad sense as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Health services is one of the important elements of a comprehensive approach to promoting health and preventing disease and disability in children and youth and maintaining attendance, which is associated with success in school.
The District will continue its commitment to students’ health in an equitable manner through the institution of such programs as Healthy Start and after-school programs, early care and education programs, school-based/school-linked health services, child nutrition services, counseling services, dental services, vision and hearing services, and immunization programs.
The District acknowledges that while our schools play a critical role in helping children access health care services, it is essential to achieve this in collaboration with local agencies and community-based organizations. It is only through the shared responsibility and collective action of schools, local agencies and/or community-based organizations that we can ensure positive outcomes for our children and youth.
Because good physical and mental health are critical to a student’s ability to learn, the District believes that all students should have access to comprehensive health and social services. The District desires to collaborate with local and state health, mental health and social service providers in order to offer integrated services in or near district schools; and to provide necessary nursing and other health care services in an equitable manner to all students with needs for such services.
In the context of the Coordinated School Health Model, the District insures this access by: providing mandated health services directly to students; making available physical space where cooperating organizations such as school-based health centers and public health departments can provide easily accessible health care services to students; and working with other organizations and parents/guardians to insure student and staff access to health care services both on and off-site.
(cf. 0430 - Comprehensive Local Plan for Special Education)
(cf. 3530 - Risk Management/Insurance)
(cf. 4119.43 - Universal Precautions)
(cf. 5022 - Student and Family Privacy Rights)
(cf. 5125 - Student Records)
(cf. 5141 - Health Care and Emergencies)
(cf 5141.21 - Administering Medication and Monitoring Health Conditions)
(cf 5141.22 - Infectious Diseases)
(cf 5141.23 - Infectious Disease Prevention)
(cf. 5141.23 - Infectious Disease Prevention)
(cf 5141.24 - Specialized Health Care Services)
(cf 5141.3 - Health Examinations)
(cf. 5141.24 - Specialized Health Care Services)
(cf 5141.31 – Immunizations)
(cf 5141.32 - Child Health and Disability Prevention Program)
(cf 5141.6 - Student Health and Social Services)
(cf 5151.65 – Asthma)
(cf 51890 Comprehensive Health Education Programs)
(51913 Plan for a Comprehensive Health Education Program)
(51920 In-service Training)
(cf. 6164.6 - Identification and Education under Section 504)
(cf 6173 - Education for Homeless Children)
(cf 6183 - Home and Hospital Instruction)
Legal Reference:
EDUCATION CODES:
49407 Liability for treatment
49408 Emergency information
49423 Administration of prescribed medication for student
49423.5 Specialized health care services
49426 School nurses
49480 Continuing medication regimen; notice
BUSINESS AND PROFESSIONS CODES:
2700-2837 Nursing, especially:
2726 Authority not conferred
2727 Exceptions in general
(cf. 5022 - Student and Family Privacy Rights)
COLLECTIVE BARGAINING AGREEMENTS
OUSD/OEA Contract
HEALTH AND SAFETY CODE
120230 Exclusion for communicable disease
120325-120380 Immunization against communicable diseases
120875-120895 AIDS information
120975-121020 Mandated blood testing and confidentiality to protect public health
120980 Unauthorized disclosures
121010 Disclosure to certain persons without written consent
121475-121520 Tuberculosis tests for pupils
CODE OF REGULATIONS, TITLE 5
3051.12 Health and Nursing Services
CALIFORNIA CODE OF REGULATIONS, TITLE 8
5193 Blood borne pathogen standards
UNITED STATES CODE, TITLE 20
1232g Family Educational and Privacy Rights Act
1400-1487 Individuals with Disabilities Education Act
UNITED STATES CODE, TITLE 29
-
Section 504 of the Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 42
11431-11435 McKinney-Vento Homeless Assistance Act
Management Resources:
WEB SITES
CDE: http://www.cde.ca.gov
California Department of Health Services: http://www.dhs.ca.gov
Centers for Disease Control and Prevention: http://www.cdc.gov
NSBA, School Health Programs: http://www.nsba.org/schoolhealth/
Healthy Families Program: http://www.healthyfamilies.ca.gov
CSBA: http://www.csba.org
CDE PUBLICATIONS
Guidelines and Procedures for Meeting the Specialized
Physical Health Care Needs of Pupils (The Green Book)
Staff Wellness
The Governing Board of the Oakland Unified School District recognizes that the success of district students and programs hinges on effective personnel. The Board shall actively support staff wellness by establishing safe and supportive working conditions that will attract and retain staff members who are highly qualified and dedicated to the education and welfare of students. The district's personnel policies and related regulations shall be designed to ensure a supportive, positive climate and shall be consistent with collective bargaining agreements and in conformance with state and federal law and regulations.
(cf. 4000-Concepts and Roles)
-
The work environment shall support wellness in both the physical environment and the workplace climate.
-
Staff shall have access to physical and mental health assessments and resources.
-
Staff shall have opportunities for physical activity.
-
Food and beverages served, sold or made otherwise available to staff shall comply with district nutrition standards.
-
Staff shall be encouraged to model this policy and other aspects of healthy behavior in the workplace.
The Board will support a coordinated program of wellness and health promotion services as specified in board policies and addressing primary prevention, risk reduction, chronic disease management and an employee assistance program for staff. Further, the Board will make every effort to collaborate with community-based organizations and coalitions to bridge and augment school district resources in order to promote wellness, provide direct mental and/or physical health care services, and opportunities for health education of staff.
The Board recognizes the powerful influence that district staff and other adults have on the health and well-being of students. To that end, the Board encourages staff to take every opportunity to model health and wellness for students. Further, the Board also encourages the participation of parents and other community members in promoting the health and wellness of students.
The Board recognizes that every employee has a stake in the district's successful operation. The Board encourages all district employees to express their ideas, concerns and proposals related to the improvement of working conditions and the total educational program. No employee shall be discharged or discriminated against for participating in any activities related to health, safety or wellness.
(cf. 3513.3 - Tobacco-Free Schools)
(cf. 3514 - Environmental Safety)
(cf. 3514.1 - Hazardous Substances)
(cf. 4000 - Concepts and Roles)
(cf. 4020 - Drug and Alcohol-Free Workplace)
(cf. 4032 - Reasonable Accommodation)
(cf. 4115 - Evaluation/Supervision)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4140/4240 - Bargaining Units)
(cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4154/4254/4354 - Health and Welfare Benefits)
(cf. 4157/4257/4357 – Employee Safety)
(cf. 4157.1/4257.1/4357.1 - Work-Related Injuries)
(cf. 4157.2/4257.2/4357.2 - Ergonomics)
(cf. 4159/4259/4359 - Employee Assistance Programs)
(cf. 4161/4261 - Leaves)
(cf. 4161.1/4261.1 - Personal Illness/Injury Leave)
(cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave)
(cf. 4161.9/4261.9/4361.9 - Catastrophic Leave Program)
(cf. 4215 - Evaluation/Supervision)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 4315 - Evaluation/Supervision)
(cf. 4361 - Leaves)
(cf. 4361.1 - Personal Illness/Injury Leave)
(cf. 5131.62 - Tobacco)
Legal Reference:
EDUCATION CODE
32066 Safety: public and private institutions
35020 Duties of employees fixed by governing board
35035 Powers and duties of superintendent
35160 Authority of governing board
35160.1 Broad authority of school districts
44962 Leaves of absence for certificated employees
44964 Power to grant leaves of absence for accident, illness or quarantine
45190-45209 Resignations and leaves of absence for classified employees
LABOR CODE
6305 Occupational safety and health standards; special order
6310 Retaliation for filing complaint prohibited
6401.7 Injury prevention programs
6400-6413.5 Responsibilities and duties of employers and employees
CODE OF REGULATIONS, TITLE 8
3203 Injury and illness prevention program
5095-5100 Control of noise exposure
CODE OF FEDERAL REGULATIONS, TITLE 29
1910.95 Noise standards
GOVERNMENT CODE
3540-3549.3 Public education employer-employee relations
8355 Certification to contracting or granting agency; requisites
Unemployment Insurance Code 2613
HEALTH AND SAFETY CODE
104420 Providing information re: smoking cessation program
UNITED STATES CODE, TITLE 41
701-707 Drug-Free Workplace Act
Management Resources:
CAL/OSHA PUBLICATIONS
Guide to Developing Your Workplace Injury and Illness Prevention Program, revised April 1998
DHHS PUBLICATIONS
Preventing Occupational Hearing Loss - A Practical Guide, June 1996, Department of Health and Human Services (National Institute for Occupational Safety and Health)
WEB SITES
OSHA: http://www.osha.gov
Cal/OSHA: http://www.dir.ca.gov/occupational_safety.html
Centers for Disease Control and Prevention: http://www.cdc.gov
National Institute for Occupational Safety and Health: http://www.cdc.gov/niosh
National Hearing Conservation Association: http://www.hearingconservation.org
6/14/2006
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