Bayless School District Public Notices - September 2017
Letter from the Superintendent Our district is required to inform you of certain information that you, according to The No Child Left Behind Act of 2001 (Public Law 107-110), have the right to know. Upon your request, our district is required to provide to you in a timely manner, the following information:
Whether the teacher has met state qualifications and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
Whether the teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.
Whether your child is provided services by paraprofessionals and, if so, their qualifications.
What baccalaureate degree major the teacher has and any other graduate certification or degree held by the teacher and the field of discipline of the certification.
In addition to the information that parents may request, districts must provide to each individual parent:
Information on the achievement level of the parent's child in each of the state academic assessments as required under this part; and
Timely notice that the parent's child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified.
Sincerely, Ronald J. Tucker, Ed.S. Superintendent
Student Assessments Required The district will use assessments as one indication of the success and quality of the district’s education program. Further, the Board recognizes its obligation to provide for and administer assessments as required by law. The Board directs the superintendent or designee to create procedures governing assessments consistent with law and Board policy. In cooperation with the administrative and instructional staff, the Board will regularly review student performance data and use this information to evaluate the effectiveness of the district’s instructional programs, making adjustments as necessary. The district will comply with all assessment requirements for students with disabilities mandated by federal and state law, including the Individuals with Disabilities Education Act (IDEA).
In order to achieve the purposes of the student assessment program, the district requires all enrolled students to participate in all applicable aspects of the assessment program.
ANNUAL NOTIFICATION REGARDING STUDENT RECORDS The protection of student rights has always been a top priority of the Bayless School District. This document is distributed annually to all parents and students in order to comply with state and federal requirements to notify the parents/guardians and eligible students of their rights with respect to the student’s educational records. In general, a student’s educational record includes any information maintained by the school district, which contains information directly related to a student. A major exception would be a personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
The Family Educational Rights and Privacy Act (FERPA) affords to parents/guardians (“parents”) of students, and to students themselves who are over 18 years of age (“eligible students”), certain rights with respect to the student’s education records maintained by Bayless School District (“District”). These rights are outlined below:
The right to inspect and review the student’s education records within 45 days of the day the District receives a written request for access. Parents or eligible students should submit to the school principal a written request that identifies, as precisely as possible, the record(s) they wish to inspect. School officials will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the District to amend a record that they believe is inaccurate or misleading. They should write the principal or other appropriate official, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the District decides not to amend the record as requested by the parent or eligible student, the District will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.
The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official includes a person employed by the District as an administrator, supervisor, instructor, counselor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the District’s School Board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent, student or other person serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her responsibilities for the District. The Voluntary Interdistrict Choice Corporation (VICC) and its officers, employees and agents are also school officials with legitimate educational interests, because they act for and on behalf of the District with respect to transfer students and the transfer program, and because they seek to advance the interests of both. A transfer student’s attendance records and other educational records relevant to the student’s participation in the program or to the program itself may accordingly be disclosed to VICC without obtaining written consent from the parent/guardian or eligible student. Upon request, the District also discloses education records without consent to officials of a school district in which a student seeks or intends to enroll.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, S.W. Washington, D.C. 20202-4605
Directory Information may be released by school officials. This includes print and electronic publications of the school district that, if disclosed, would not be considered as determined by the Bayless School District as harmful or an invasion of privacy. This information may be released without prior written consent to parent and student organizations for marketing purposes, such as for “buzz” books produced in the fall, and to outside organizations including, but not limited to, companies that manufacture class rings or publish yearbooks in the spring. Other examples include play bills for drama productions; yearbooks; honor roll or other recognition lists; graduation programs; and sports activity sheets. Directory information is considered a public record which must be released upon demand to any person who requests it, under the Missouri Sunshine Law. If a parent, guardian, or eligible student does not want the district to release the information listed below, they must notify the district in writing within 10 days of receiving this notification of the information they do not want released.
The following Directory Information may be released without obtaining parental consent: Student’s name; parent’s name; telephone number; grade level; enrollment status (e.g., full-time or part-time); participation in school based activities and sports; weight and height of members of athletic teams; dates of attendance; degrees, honors and awards received; artwork or coursework displayed by the district; most recent previous school attended; and photographs, videotapes, digital images and recorded sound unless such photographs, videotapes, digital images and recorded sound would be considered harmful or an invasion of privacy.
In addition two federal laws require the District to provide military recruiters, upon request names, addresses and telephone listings - unless parents have advised us that they do not want their student’s information disclosed without their prior written consent.
The Assistant Superintendent has district-wide responsibility for student educational records and, as such, is the custodian of the records. Anyone having questions regarding school policy relating to student records is welcome to contact the Bayless School District at 4530 Weber Road, St. Louis, Missouri 63123; (314)256-8600.
NO CHILD LEFT BEHIND NOTICE The No Child Left Behind Act of 2001 (NCLB) requires school districts to inform parents at the beginning of the school year in Title I schools that they have the right to know the qualifications/certification status of the children’s teachers. Under Title III of NCLB, schools are required to provide informed parental notification as to why their child is in need of placement in a specialized language instruction program. Schools need to be prepared to provide this information upon request. For more information about NCLB and to access a copy of the NCLB Complaint Procedures, visit the District’s website at www.Baylessschooldistrict.com. Further information about Title III, the McKinney-Vento Homeless Education Assistance Act and the Foster Care Bill of Rights can be found on the District’s website as well. NOTICES 1)Section 504/ADA The Bayless School District does not discriminate on the basis of disability in admission to, or access to, or operations in its programs, services or activities. The Bayless School District does not discriminate on the basis of disability in its hiring or employment practices. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Individuals who need auxiliary aids for effective communication in programs and services of the Bayless School District are invited to make their needs and preferences known to the ADA/Section 504 Compliance Coordinator. 2)Title IX/Sexual Harassment The Bayless School District maintains a firm policy prohibiting all forms of discrimination. Religious, racial, or sexual harassment or violence against students or employees is discrimination. In keeping with Title IX of the Educational Amendments of 1972, Public Law 92-318, it is the Bayless School District’s belief that all persons are to be treated with respect and dignity. Sexual violence, sexual advances or other forms of religious, racial or sexual harassment by any pupil, teacher, administrator or other school personnel, which create an intimidating, hostile or offensive environment, will not be tolerated under any circumstances. 3)Age Discrimination Act of 1975/Title VI of the Civil Rights Act of 1964 The Bayless School District prohibits all forms of age discrimination in keeping with the Age Discrimination Act of 1975. In addition, the Bayless School District also prohibits any form of discrimination on the basis of race, color and national origin as outlined in Title VI of the Civil Rights Act of 1964.
Questions, concerns, complaints or requests for additional information regarding the ADA, Section 504, or Title IX/Sexual Harassment may be forwarded to Kim Arnold, Human Resources Coordinator for Section 504, Title IX and ADA by calling: (314) 256-8600 between the hours of 8 a.m. and 4:30 p.m. Written inquiries/complaints may be addressed to the above at 4530 Weber Road, St. Louis, Missouri 63123. Persons desiring to contact the Office of Civil Rights for further information relative to any kinds of complaints above may contact the OCR Customer Service Team at (800) 421-3481.
NOTIFICATION OF RIGHTS UNDER THE PROTECTION OF PUPILS RIGHTS AMENDMENT (PPRA) PPRA affords parents and students who are 18 or emancipated minors (“eligible student”) certain rights regarding our conduct of surveys, collection and use of information for marketing purposes and certain physical exams. These include the right to: •Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education:
Political affiliations or beliefs of the student or student’s parent;
Mental or psychological problems of the student or student’s family;
Sex behavior or attitudes;
Illegal, anti-social, self-incriminating or demeaning behavior;
Critical appraisals of others with whom respondents have close family relationships;
Legally recognized privileged relationships, such as with lawyers, doctors or ministers;
Religious practices, affiliations, or beliefs of the student or parents; or
Income, other than as required by law to determine program eligibility.
•Receive notice and an opportunity to opt a student out of:
Any other protected information survey, regardless of funding;
Any non-emergency, invasive physical exam or screening as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision or scoliosis screening, or any physical exam or screening permitted or required under State law; and
Activities involving collection, disclosure or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
•Inspect, upon request and before administration or use:
Protected information surveys of students;
Instruments used to collect personal information from students for any of the above marketing sales or other distribution purposes, and
Instructional material used as part of the educational curriculum.
The Bayless School District developed policies regarding these rights, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure, or use of personal information for marketing, sales or other distribution purposes. The District also will notify parents and eligible students of these policies at least annually at the start of each year and after any substantive of the specific or approximate dates of the following activities and provide an opportunity to opt a student out of participating in:
Collection, disclosure or use of personal information for marketing, sales or other distribution;
Administration of any protected information survey not funded in whole or in part by the U.S. Department of Education;
Any non-emergency, invasive physical examination or screening as described above.
Parents/eligible students who believe their rights have been violated may file a complaint with: Family Policy Complaint Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-4605. If you have any further questions, please contact the Assistant Superintendent at (314) 256-8600.
LAW LIMITS SHARING OF STUDENT AND EMPLOYEE INFORMATION From time to time, individuals (e.g. salespeople) call with request for information on students and employees for solicitation purposes. In the past, the Bayless School District has made available (for a small fee) student and employee lists containing names, addresses and telephone numbers. However, some of this information is no longer available to the public. Anyone requesting student directory information can receive a student’s name, parent’s name, telephone number, as well as specific types of information outlined in the Family Education Rights and Privacy Act (FERPA) such as: grade level; enrollment status (e.g., full-time or part-time); participation in school-based activities and sports; weight and height of members of athletic teams; dates of attendance; degrees, honors and awards received; artwork or coursework displayed by the district; most recent previous school attended; and photographs, videotapes, digital images and recorded sound unless such photographs, videotapes, digital images and recorded sound would be considered harmful or an invasion of privacy. If for any reason parents do not wish such information released, they should notify the Assistant Superintendent writing. The address is 4530 Weber Road, St. Louis, Missouri 63123. The only information that can be released pertaining to district employees is name, position, salary and length of service in the Bayless School District. Please note that there is a charge for directory information lists. All requests for such lists should be sent in writing to the Human Resources Department, 4530 Weber Road, St. Louis, MO 63123.
TAKING THE FIRST STEPS TOGETHER First Steps is Missouri’s Early Intervention Program for infants and toddlers with special needs and their families. It is a collaborative effort of the Missouri Department of Elementary and Secondary Education, Health, Mental Health and Social Services. First Steps offers coordinated services and assistance to young children, birth to 36 months, who have delayed development or diagnosed conditions that are associated with developmental disabilities. To qualify to First Steps a child must have a significant delay in Cognitive, Communication, Adoptive/Self Help, Physical or Social/Emotional development or have a diagnosed condition or a developmental disability. Referrals should be made to St. Louis County, 1215 Fern Ridge Parkway, Suite 101, St. Louis, MO 63141, (314) 453-9203.
SERVICES & RIGHTS FOR STUDENTS WITH DISABILITIES All responsible public agencies are required to locate, evaluate and identify children with disabilities who are under the jurisdiction of the agency, regardless of the severity of the disability, including non-resident children attending private schools, highly mobile children, such as migrant and homeless children; and children who are suspected of having a disability and in need of special education even though they are advancing from grade to grade. The Special School District of St. Louis County in partnership with Component Districts assure that a free, appropriate public education (FAPE) is provided to all eligible children with disabilities between the ages of three and 21 under their jurisdiction. Disabilities include: autism, emotional disorders, hearing impairment, other health impairments, specific learning disabilities, speech or language impairment, traumatic brain injury, visual impairment/blindness and young child with a developmental delay.
The Special School District in partnership with the Component Districts assure that it will provide information and referral services necessary to assist the State in the implementation of early intervention services for infants and toddlers eligible for the Missouri’s First Steps Program. The Special School District in partnership with the Component Districts assure that personally identifiable information collected, used or maintained by the districts for the purposes of identification, evaluation, placement or provision of FAPE of children with disabilities may be inspected and/or reviewed by their parents/guardians. Parents/guardians may request amendment to the educational record if the parent/guardian believes the record is inaccurate, misleading or violates the privacy or other rights of their child. Parents have the right to file complaints with the U.S. Department of Education or the Missouri Department of Elementary and Secondary Education concerning alleged failures by the district to meet the requirements of the Family Educational Rights and Privacy Act (FERPA).
The Special School District of St. Louis County has developed a local Compliance for Implementation of State Regulations for the individuals with Disabilities Education Act – 2004 (IDEA – 2004). This Plan and School Board Policies contain the district’s procedures regarding storage, disclosure to third parties, retention and destruction of personally identifiable information and the district’s assurances that services are provided in compliance with General Education Provision Act (GEPA). This Plan is available for public review in the Office of the Superintendent of Schools during regular school hours on days school is in session. This notice will be provided in native languages as appropriate.
NO CHILD LEFT BEHIND ACT OF 2001 COMPLAINT PROCEDURES The Federal No Child Left Behind Act of 2001 (NCLB), Title IX Part C. Sec. 9304(a)(3)(C) requires the Missouri Department of Elementary & Secondary Education (DESE) to adopt procedures for resolving complaints regarding operations of programs authorized under the Act, including Title I, Title II, Title III, Title IV (Part A), Title V, Title VI, and Title VII and Title IX, part C.
WHO MAY FILE A COMPLAINT Any local education agency (LEA), consortium of LEAs, organization, parent, teacher or member of the public may file a complaint.
DEFINITION OF A COMPLAINT There are both formal and informal complaint procedures. A formal complaint must be a written, signed statement that includes:
an allegation that a federal statute or regulation applicable to the state educational agency (SEA) or a local education agency (LEA) program has been violated,
facts, including documentary evidence that supports the allegation, and
the specific requirement, statute or regulation being violated.
ALTERNATIVES FOR FILING COMPLAINTS It is federal and state intent that complaints are resolved at a level nearest the LEA as possible. As described below, formal complaints filed with the SEA will be forwarded to the appropriate LEA for investigation and resolution. Informal complaints made to the SEA will be subject of an initial investigation by the SEA, but will be forwarded to the LEA if a formal complaint evolves. Precise processes in both instances are described below. INFORMAL AND FORMAL COMPLAINTS RECEIVED BY THE LOCAL EDUCATION AGENCY Informal and formal complaints filed with the LEA concerning NCLB program operations in that LEA are to be investigated and resolved by the LEA according to locally developed procedures, when at all possible. Such procedures will provide for:
disseminating procedures to the LEA school board,
central filing of procedures within the district,
addressing informal complaints in a prompt and courteous manner,
notifying the SEA within 15 days of receipt of written complaints,
timely investigating and processing of complaints within 30 days, with an additional 30 days if exceptional conditions exist,
disseminating complaint findings and resolutions to all parties to the complaint and the LEA school board. Such findings and resolutions also shall be available to parents, teachers and other members of the general public, provided by the LEA, free of charge, if requested, and
appealing to the Missouri Department of Elementary & Secondary Education within 15 days
Appeals to the Missouri Department of Elementary & Secondary Education will be processed according to the procedures outlined in sections below. INFORMAL COMPLAINTS RECEIVED BY THE SEA OFFICE Informal complaints (i.e., verbal and/or anonymous) to the SEA by individuals (who may ask not to be identified to the LEA) concerning program operations in an LEA will be investigated by the SEA, according to procedures deemed most appropriate by the SEA, within 10 days of receipt of the complaint. Findings of this investigation shall be reported to the complainant within 10 additional days. In the event that the complainant requests further investigation or a hearing, the complainant must file a signed written complaint. This formal complaint will be processed according to procedures outlined in sections below. FORMAL COMPLAINTS INITIALLY RECEIVED BY THE SEA OFFICE
Record. Upon receipt of a written complaint, a record of the source and nature of the complaint, including the applicable program involved in the complaint, statute violated and facts on which the complaint is based, will be initiated.
Notification of LEA. Within 15 days of receipt of the complaint, a written communication will notify the district superintendent and the district NCLB coordinator of the complaint filed with the SEA. Upon receipt of the communication, the LEA will initiate its complaint procedures as set forth above. If the complaint is that an LEA is not providing equitable services to private school children, it also will be filed with the U.S. Secretary of Education.
Report by LEA. Within 20 days of receipt of the complaint, the LEA will advise the SEA of the status of the complaint resolution proceedings and, at the end of 30 days, will submit a written summary of the LEA investigation and complaint resolution. This report is considered public record and may be made available to parents, teachers, and other members of the general public. A copy of this procedure also will be filed with the U.S. Secretary of Education, if it involves equity of services to private school children.
Verification. Within 10 days of receipt of the written summary of a complaint resolution, the DESE office will verify the resolution of the complaint through an on‐site visit, letter or telephone call(s). Verification will include direct contact with the complainant. If the complaint is about equity of services to private school children, the U.S. Secretary of Education shall also be given copies of all related communications.
APPEALS Appeal to the SEA
Record. Upon receipt of a written appeal to a complaint unresolved at the LEA level, a record of the source and nature of the complaint, including the applicable program involved in the complaint, statute violated and facts on which the complaint is based, will be initiated.
Investigation. The SEA will initiate an investigation within 10 days, which will be concluded within 30 days from receipt of the appeal. Such investigation may include a site visit if the SEA determines that an on‐site investigation is necessary. By stipulation of all concerned, this investigation may be continued beyond the 30‐day limit.
Hearing. If required by the SEA, or formally requested by parties to the complaint, this investigation will include an evidentiary hearing(s) before an SEA Division Director acting as chairperson and designated staff personnel. Conduct of such hearings will follow the procedures outlined in state rules. The hearing proceedings shall be tape recorded and the recording preserved for preparation of any transcript required on appeal.
DECISION Within 10 days of conclusion of the investigation and/or evidentiary hearing(s), the SEA will render a decision detailing the reasons for its decision and transmitting this decision to the LEA, the complainant, and the district school board. Recommendations and details of the decision are to be implemented within 15 days of the decision being given to the LEA. This 15‐day implementation period may be extended at the discretion of the SEA Division Director. The complainant or the LEA may appeal the decision of the SEA.
FORMAL LEA COMPLAINTS AGAINST SEA
Record. The SEA will record the source, and nature of the complaint, including the applicable program involved in the complaint, statue violated and facts on which the complaint is based.
Decision. The SEA decision will be rendered within 15 days of the complaint receipt. The LEA will be promptly notified of the SEA’s decision.
Appeal. The LEA may appeal the decision of the SEA to the SEA review board within 30 days of receipt of the decision. Procedures under the “Appeal to the State Agency Review Board” section will be followed.
Second Appeal. An applicant has the right to appeal the decision of the SEA Review Board to the U.S. Secretary of Education. The applicant shall file written notice of the appeal with the Secretary within 20 days after the applicant has been notified by the SEA of its decision.
COMPLAINTS AGAINST LEAs RECEIVED FROM THE UNITED STATES DEPARTMENT OF EDUCATION
Complaints against LEAs received from the U.S. Department of Education will be processed as though they had been received initially at the SEA.
A report of final disposition of the complaint will be filed with the U.S. Department of Education.
These procedures shall not prevent the SEA from partially or wholly interrupting funding of any LEA IASA program or taking any other action it deems appropriate.
PROCEDURE DISSEMINATION
This procedure will be disseminated to all interested parties through the agency webpage at http://dese.mo.gov and to subscribers to the Federal Programs listserv.
This guidance will be distributed through regional and statewide meetings with Federal Programs Coordinators. LEAs are asked to incorporate the elements of the complaint procedure into their own policies and procedures.
DESE will also keep records of any complaints filed through this policy.
The Department of Elementary and Secondary Education does not discriminate on the basis of race, color, national origin, sex, disability or age in its programs and activities. Inquiries related to Department programs and to the location of services, activities, and facilities that are accessible by persons with disabilities may be directed to the Jefferson State Office Building, Civil Rights Compliance (Title VI/Title IX/504/ADA/Age Act), 5th Floor, 205 Jefferson Street, Jefferson City, MO 65102‐0480; telephone number (573) 526‐4757 or Relay Missouri (800) 735‐2966.
PARENTAL INFORMATION & RESOURCE CENTER (PIRC) Local educational agencies (LEAs) or buildings that receive Title I.A funds must assist parents and parental organizations by informing them of the PIRCs and their purpose. The following is a sample notification that LEAs could put in a Parent Handbook, in their district newsletter, provide to their PTO/PTA, and that buildings could also send in a newsletter, provide to booster clubs/groups, etc. The LEA or building might want to use the link below to go to Missouri’s PIRCs’ website to include more specific information for their area. Documentation of notifications need to be kept on file.
The Parental Information and Resource Center (PIRC) program is funded by the US Department of Education, Office of Innovation and Improvement, established to provide training, information, and support to parents and individuals who work with local parents, districts and schools that receive Title I.A funds. PIRCs provide both regional and statewide services and disseminate information to parents on a statewide basis.
PIRCs help implement successful and effective parental involvement policies, programs and activities that lead to improvements in student academic achievement, and that strengthen partnerships among parents, teachers, principals, administrators and other school personnel in meeting the education needs of children; and to assist parents to communicate effectively with teachers, principals, counselors, administrators and other school personnel. The recipients of PIRC grants are required to: serve both rural and urban areas, use at least half their funds to serve areas with high concentrations of low-income children, and use at least 30 percent of the funds they receive for early childhood parent program.
Centers must include activities that establish, expand or operate early childhood parent education programs and typically engage in a variety of technical assistance activities designed to improve student academic achievement, including understanding the accountability systems in the state and school districts being served by a project. Specific activities often include helping parents to understand the data that accountability systems make available to parents and the significance of that data for such things as opportunities for supplemental services and public school choice afforded to their children attending buildings in school improvement.
PIRCs generally develop resource materials and provide information about high quality family involvement programs to families, schools, school districts and others through conferences, workshops and dissemination of materials. Projects generally include a focus on serving parents of low-income, minority and limited English proficient (LEP) children enrolled in elementary and secondary schools.
