Once A Year: Annual Legal Notices

Encore is a public nonprofit organization and a public school. As such, Encore Education Corporation must disclose all legal notices to the public annually. Thank you for "reading the fine print."

Legal Notices

PERSONS RESPONSIBLE FOR COORDINATING 504, TITLE II, TITLE IX, AND TITLE V

 504/EL Coordinator – Darnell Smith, dsmith@encorehighschool.com. 760-949-2036

 Title II & Title V Coordinator – Julia Dolf, jdolf@encorehighschool.com. 760-949-2036

 Title IX Coordinator – Ashlin Barkdull, abarkdull@encorehighschool.com. 760-949-2036

NON DISCRIMINATION POLICY

Encore Education Corporation does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender identity or expression, age, national origin (ancestry), ethnic group identification, mental and physical disability, marital or parental status, sex, sexual orientation, military status, or genetic information in any of its activities or operations. The perception of one or more of such characteristics: or association with a person or group with one or more of these actual or perceived characteristics. Encore Education is an equal opportunity employer.

NON DISCRIMINATION POLICY STUDENT ELIGIBILITY

All students of Encore are eligible to participate in all programs provided they have met the eligibility criteria based on attendance eligibility, behavior eligibility, academic eligibility, and have met the minimum requirements (including auditions) to participate in the program. No student will be discriminated against for entry into any program on the basis of race, color, religion (creed), gender, gender identity or expression, age, national origin (ancestry), ethnic group identification, mental and physical disability, marital or parental status, sex, sexual orientation, military status, or genetic information in any of its activities or operations. The perception of one or more of such characteristics: or association with a person or group with one or more of these actual or perceived characteristics.

ATTENDANCE AREA FOR STUDENTS

Encore is open for enrollment for any student that resides in the state of California. Any student that wishes to attend Encore that meets the requirements of grade level, resides in California, and has not been previously expelled from another school will be enrolled according to the outlines of the Encore lottery policies. No student will be discriminated against for entry into any program on the basis of race, color, religion (creed), gender, gender identity or expression, age, national origin (ancestry), ethnic group identification, mental and physical disability, marital or parental status, sex, sexual orientation, military status, or genetic information in any of its activities or operations. The perception of one or more of such characteristics: or association with a person or group with one or more of these actual or perceived characteristics.

NON DISCRIMINATION POLICY FOR RECRUITMENT & CTE ACTIVITIES

Encore is open for enrollment for any student that resides in the state of California. All programs, including CTE programs are open to all students without regard to race, color, national origin, sex, or disability. CTE opportunities will be available to all potential students. Admission to CTE programs will not exclude students from CTE programs on the basis of race, color, national origin, sex, or disability. Candidates will not be assessed for admission to CTE programs on the bases of criteria that have the effect of disproportionately excluding persons of a particular race, color, national origin, sex, or disability. Encore will not restrict admission to CTE program because the applicant, as a member of a national origin minority group with limited English language skills, cannot participate in and benefit from CTE to the same extent as students whose primary language is English.

Encore shall not limit honors, awards, and scholarships to a group on the basis of race, color, national origin, sex, or disability unless such targeting is done to provide opportunities to members of a group that has not traditionally been represented. Outside agencies that provide awards are to be notified of the agency’s nondiscrimination policy.

NON DISCRIMINATION FOR COUNSELING

Counseling programs will not include steering of students toward particular courses or programs that are “Traditional” for the student’s race, color, national origin, sex, or disability. Services and materials related to counseling and recruitment must be free of discrimination and stereotyping in language, content, and illustration. Counseling materials and activities and recruitment efforts will not discriminate on the basis of race, color, sex, or disability. Counselors will not direct students into programs based on their race, color, national origin, sex, disability, sexual orientation, gender, ethnic group identification, ancestry, or religion. Districts and schools that use testing or other materials for appraising or counseling students shall not use different materials for student on the basis of their sex or use materials which permit or require different treatment of such students unless the different materials cover the same occupations and interest areas and the use of such materials is shown to be essential to eliminate sex bias.

NON DISCRIMINATION SERVICES FOR STUDENTS WITH DISABILITIES

A qualified person with a disability may not be excluded from, denied benefits of, or subjected to discrimination in any course, program, or activity. A district/school may not restrict access for students with disabilities to schools, programs, services, and activities because of architectural barriers, equipment barriers, the need for related aids and services, or the need for auxiliary aids. Section 504 and ADA Title II are based upon the premise that students with disabilities will be integrated with their nondisabled peers as much as possible. Historically, the assumption was made that persons with disabilities would not be able to function and the able-bodied should not put them in a position where they might be “uncomfortable.” However, research shows that gains made by persons with disabilities in the educational setting are enhanced when they are integrated with the appropriate aids and services. (1) No qualified person with a disability is excluded from, denied benefits of, or subjected to discrimination in any course, program, service, or activity solely on the basis of disability. (2) Students with disabilities must not be excluded from CTE, career, or academic programs, courses, services or activities due to equipment barriers or because necessary related aids and services or auxiliary aids are not available. (3) A district/school that operate an elementary or secondary program or activity must provide a free, appropriate public education (FAPE) to each qualified disabled person in its jurisdiction. (4) Disabled secondary students must be placed in the regular educational environment of any CTE, academic, physical education, athletic, or other school program or activity to the maximum extent appropriate to their needs with the use of supplementary aids and services (5) Secondary students with disabilities are placed in a CTE program only when the 504 FAPE requirements for evaluation, placement, and procedural safeguards have been satisfied. ENCORE ENSURES EQUITABLE ACCESS 12.1 The agency implements policies and procedures ensuring access for students with disabilities to programs, services, and activities. 12.2 The agency provides appropriate aids and services for students with disabilities and does not have policies that limit participation of students with disabilities. 12.3 Any educational institution shall treat pregnancy, child birth, false pregnancy, termination of pregnancy and recovery there from in the same manner and under the same policies as any other temporary disabling condition. 12.4 The FAPE policies and procedures provide for the identification, evaluation, and placement of disabled persons and include procedural safeguards. Evaluation and placement records of individual students with disabilities indicate that placement decisions are fully documented and timely re- evaluations are conducted. Persons who are knowledgeable about placement options in CTE programs participate in CTE placement decisions. 12.5 Students with disabilities enroll in regular academic courses to the maximum extent appropriate to their needs. 12.6 504 plan, placement record or IEP reflects the group’s or team’s determination that the CTE program is appropriate setting for the individual student. NON DISCRIMINATION EMPLOYMENT REQUIREMENT Districts/schools are prohibited from engaging in any employment practice that discriminates against any employee or applicant for employment on the basis of sex, disability, race, color, national origin, sexual orientation, gender, ethnic group identification, ancestry, religion, or mental or physical disability. Specific issues include employment policies, recruitment and selection matters, salary establishment and administration, reasonable accommodation, and overcoming the effects of past discrimination. (1) Encore must notify every source of faculty that it does not discriminate on the basis of race, color, national origin, sex, or disability. (2) Encore will establish and maintain faculty salary scales on the basis of the conditions and responsibilities of employment without regard to race, color, national origin, sex, or disability. (3) Encore must provide equal employment opportunities for teaching and administrative positions to applicants with disabilities who can perform the essential functions of the positions and make reasonable accommodations for the physical or mental limitations of disabled (otherwise qualified) applicants unless it can be demonstrated that such accommodations would impose undue hardship.

NON DISCRIMINATION EXTRACURRICULAR ACTIVITIES AND TEAMS

Encore may not exclude any person from membership in student clubs regardless of sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability.

NON DISCRIMINATION PARENTAL, FAMILY, OR MARITAL STATUS

Encore may not exclude any person from any program or activity or employment because of actual or potential parental, family, or marital status, or the exclusion of any person because of pregnancy or related conditions.

GRIEVANCE POLICY

Encore Education Corporation hereby notifies students and employees that there is a grievance procedure for persons who feel they have been discriminated against based on sex, disability or any provision of 5 CCR, Title 5, and Chapter 5.3 The procedure is readily available to students and employees and it is prompt and equitable. If you feel that you have a grievance based on sex, disability or any provision of 5 CCR, Title 5, and Chapter 5.3 – Please contact Encore’s Title IX Coordinator immediately. Complaint procedures are described in this handbook.Encore Education Corporation hereby notifies students and employees that harassment is a form of discrimination subject to disciplinary consequences. Contact Encore’s Title IX Coordinator, Ashlin Barkdull at 760-949-2036.

SCHOOL POLICY RELATED TO HATE MOTIVATED BEHAVIOR

Precursors to Hate Violence - Hate violence prevention requires being able to recognize precursors to violence and having effective strategies in place to respond. These behaviors include: 1. Use of racial, ethnic, immigration status, national origin, disability, gender identity, sexual orientation, religious, or sexual slurs 2. Use of symbols of hate, such as a swastika or a burning cross 3. Similar behavior by the wrongdoer towards other students from the same racial, ethnic, religious, disabled, gender or sexual orientation group or immigration status 4. Graffiti that identifies or targets particular groups with racial, ethnic, immigration status, religious, or sexual overtones Examples of Hate Violence - Examples of hate violence include, but are not limited to: 1. A physical attack or a threat of bodily harm, on the basis of another's race, gender, ethnicity, national origin, immigration status, religion, disability, sexual orientation or gender identity 2. Intimidating or threatening language based on a student's race, gender, ethnicity, national origin, immigration status, religion, disability, sexual orientation, or gender identity 3. Damage to a student's personal property or belongings because of race, gender, ethnicity, national origin, immigration status, religion, disability, sexual orientation or gender identity 4. Circulation of written or online material or pictures

TITLE IX CONTACT INFORMATION

Name: Ashlin Barkdull, General Executive Manager Phone: 760-949-2036 Fax: 760-956-3338 Mailing Address: 16955 Lemon Street, Hesperia, CA 92345 Email: abarkdull@encorehighschool.com

TITLE IX OVERVIEW

Each student and employee has a right to learn and work in an environment that is free from unlawful discrimination. No SCHOOL student or employee shall be excluded from participation in, be denied the benefits of, or be subject to discrimination on the basis of actual or perceived sex, sexual orientation, gender, or gender identity or expression.

Title IX of the Educational Amendments of 1972 is one of several federal and state anti-discrimination laws that ensure equality in education. Title IX prohibits discrimination, harassment, exclusion, denial, limitation or separation based on sex or gender. Title IX applies to both male and female students in any educational institution receiving federal funding.

California Education Code Sections of 200 through 282 and Encore Education Corporation’s policy prohibit discrimination on the basis of sex, sexual orientation, or gender. Title IX requires that every school or institution have a Title IX Bullying Complaint Manager to whom concerns or complaints regarding sex discrimination can be made.

Complaint Process:

 Students or parents / guardians should report their verbal or written Title IX complaint to the school administrator or the Title IX Complaint Manager within six months from the date the incident occurred. This will begin the informal investigation process which must be completed within 60 days. Complainants have a right to a timely and informal resolution at the school site.

 If the complainant is dissatisfied with the school decision, an appeal of the findings may be made to the California Department of Education – Office of Equal Opportunity.

Where can students / parents obtain further information or assistance?

 At Encore: Speak to the administration or Title IX Complaint Manager using the contact information shown above.

KNOW YOUR RIGHTS – SEXUAL HARASSMENT

Know Your Rights: Title IX Prohibits Sexual Harassment1 and Sexual Violence Where You Go to School

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities (hereinafter “schools”) receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.

Below is additional information regarding the specific requirements of Title IX as they pertain to sexual harassment and sexual violence.

What are a school’s responsibilities to address sexual harassment and sexual violence?

 A school has a responsibility to respond promptly and effectively. If a school knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects.

 Even if a student or his or her parent does not want to file a complaint or does not request that the school take any action on the student’s behalf, if a school knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.

 A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably.

What procedures must a school have in place to prevent sexual harassment and sexual violence and resolve complaints?

 Every School Must Have And Distribute A Policy Against Sex Discrimination

o Title IX requires that each school publish a policy that it does not discriminate on the basis of sex in its education programs and activities. This notice must be widely distributed and available on an on-going basis.

o The policy must state that inquiries concerning Title IX may be referred to the school’s Title IX coordinator or to OCR.

 Every School Must Have A Title IX Coordinator

o Every school must designate at least one employee who is responsible for coordinating the school’s compliance with Title IX. This person is sometimes referred to as the Title IX coordinator. Schools must notify all students and employees of the name or title and contact information of the Title IX coordinator.

o The coordinator’s responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

 Every School Must Have And Make Known Procedures For Students To File Complaints Of Sex Discrimination.

o Title IX requires schools to adopt and publish grievance procedures for students to file complaints of sex discrimination, including complaints of sexual harassment or sexual violence. Schools can use general disciplinary procedures to address complaints of sex discrimination. But all procedures must provide for prompt and equitable resolution of sex discrimination complaints.

o Every complainant has the right to present his or her case. This includes the right to adequate, reliable, and impartial investigation of complaints, the right to have an equal opportunity to present witnesses and other evidence, and the right to the same appeal processes, for both parties.

o Every complainant has the right to be notified of the time frame within which: (a) the school will conduct a full investigation of the complaint; (b) the parties will be notified of the outcome of the complaint; and (c) the parties may file an appeal, if applicable.

o Every complainant has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).

o Every complainant has the right to be notified, in writing, of the outcome of the complaint. Even though federal privacy laws limit disclosure of certain information in disciplinary proceedings:

 Schools must disclose to the complainant information about the sanction imposed on the perpetrator when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.

 Additionally, the Clery Act (20 U.S.C. §1092(f)), which only applies to postsecondary institutions, requires that both parties be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense. Therefore, colleges and universities may not require a complainant to abide by a non-disclosure agreement, in writing or otherwise.

o The grievance procedures may include voluntary informal methods (e.g., mediation) for resolving some types of sexual harassment complaints. However, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. In cases involving allegations of sexual assault, mediation is not appropriate.

If you want to learn more about your rights, or if you believe that a school district, college, or university is violating Federal law, you may contact the U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov. If you wish to fill out a complaint form online, you may do so at: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html .

IMMIGRATION AND CITIZEN STATUS School officials and employees of an LEA shall not collect information or documents regarding citizenship or immigration status of pupils and their family members. The Agency shall report to the responsible governing board in a timely manner any requests for information or access to a school site by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures confidentiality and privacy of any potentially identifying information.  If an employee of a school is aware that a pupil’s parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupil’s care in the emergency contact information it has for the pupil to arrange for the pupil’s care. A school is encouraged to work with parents or guardians to update the emergency contact information and not to contact Child Protective Services to arrange for the pupil’s care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.  Encore shall do both of the following: (a) Provide information to parents and guardians, as appropriate, regarding their children’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to “know your rights” immigration enforcement established by the Attorney General and may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost- effective means determined by the local educational agency. (b) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.  All LEAs shall adopt policies based on Promoting a Safe and Secure Learning Environment for All (EC § 234.7[g]).

KNOW YOUR RIGHTS – IMMIGRATION

Law enforcement asks about your immigration status How to reduce risk to yourself  Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated. Keep your hands where police can see them.  Don’t lie about your status or provide false documents. Your rights  You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.  If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.  If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.  If you’re over 18, carry your papers with you at all times. If you don’t have them, tell the officer that you want to remain silent, or that you want to consult a lawyer before answering any questions. What to do in such an encounter  In some states, you must provide your name to law enforcement if you are stopped and told to identify yourself. But even if you give your name, you don’t have to answer other questions.  If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status.  Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder, you may be denied entry into the U.S. if you refuse to answer officers’ questions. Additional resources:  If you need more information, contact your local ACLU affiliate.  National Immigration Law Center: Know Your Rights  A Toolkit for Organizations Responding to Mass Worksite Immigration Raids  Immigrant Legal Resource Center  American Immigration Lawyers Association  ACLU VIDEO: What to do if stopped by police or ICE