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 to School

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 is a lunch detention. If students fail to serve lunch detention, a one hour after school detention may be assigned.
  • A tardy that is thirty minutes or more to school, without a valid excuse, will receive an after school detention.
  • Tardies to classes through out the day may lead to detention and/or exclusion from certain student activities.

A consequence system is also in place for students who are late to classes throughout the school day. Students are responsible for serving their assigned consequences.

Tardies to Class

Teachers have the discretion to assign classroom citizenship grades –“N” (needs improvement) or “U” (unsatisfactory) – based on the effect of the tardy.

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

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.

Public Displays of Affection (PDAs)

Students are not allowed to hold hands, kiss, or hug a boyfriend or girlfriend at school, school activities away from LeyVa or on the way to or from school. Behavior like this is not appropriate at school and distracts from our focus on learning. Parents will be contacted.

Dangerous Items

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


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 be also face severe disciplinary action. Recording, sharing, and/or posting of a video of a fight will result in disciplinary action and possibly law enforcement involvement. This includes walking to and from school.


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 incident should be reported immediately to an adult on campus or by completing the online form.

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 on campus. This includes fundraisers for other schools and organizations.

Group Behavior

Students are not allowed to walk around during break, lunch, or before or after school in a group that may be perceived as intimidating to other students.

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 they doing so under the supervision 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 inappropriate content in the device.

Bicycles, Skateboards, and Scooters

Bicycles should be locked in the bike rack on campus. Once on campus bicycles should be walked to ensure the safety of others.

Skateboard and scooters must be carried while on campus and brought immediately to the Student Center before the start of first period and picked up after school ends.

Athletic Equipment Use

All athletic equipment should be used in designated areas such as the field, gym, or courts. This does not include the quad. Violations may result in disciplinary action will result

Dress Code

Dress Code

Appropriate and modest attire is expected at school.

  • NO backless tops, sheer or lace tops, tops that are low cut or expose the midsection of holes in pants higher than 4 inches above the knee.
  • Undergarments should not be showing under any circumstances. If a pant waist is determined to be too low, it must be corrected.
  • NO slippers, flip-flops, or open-toed shoes at anytime for student safety.
  • Hats are allowed IF worn appropriately on campus, but are subject to individual classroom policies.
  • NO profane, vulgar, sexually suggestive, violent, drug, alcohol, tobacco or gang related are allowed.
  • Shorts and skirts must be higher than 4 inches above the knee.
  • Items such as notebooks, 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.

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.


The after-school detention period is from 2:20p.m. - 3:20p.m. on specified days. Classroom teachers may also assign detention on other days and times.

Students must arrive on time and make arrangements to be picked up promptly at 3:20pm. Detention forms are sent home with students, and students are responsible for having parent’s sign their forms and returning them to the Student Center. 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 room


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

  1. Teacher contact parent/guardian
  2. Loss of break time or school activity
  3. Restorative assignments
  4. After school or lunchtime detention
  5. Conference with assistant principal
  6. Parent(s) supervision of child at school
  7. Parent/student/teacher/assistant principal conference
  8. In-House suspension
  9. Out-of-School Suspension (1 - 5 days)
  10. Loss of one or more end-of-the-year or promotion activities
  11. Expulsion from school and/or the Evergreen School District

Failure to attend/complete 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 other items are available daily:

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

Free or reduced lunches 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.

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

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

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

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

LeyVa Middle School

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