Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232 g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their childrenʼs education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
• Parents or eligible students have the right to inspect and review the studentʼs education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
• Parents or eligible students have the right to request that a school correct records that they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
• Generally, schools must have written permission from the parent or eligible student in order to release any information from a studentʼs education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in case of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific state law.
Parents or eligible students have 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 the Family and Educational Rights and Privacy Act.
Schools may disclose, without consent, “directory” information. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA.
Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)
The No Child Left Behind Act contains a major amendment to the Protection of Pupil Rights Amendment that gives parents more rights with regard to the surveying of minor students, the collection of information from students for marketing purposes and certain non emergency medical examinations. PPRA affords parents and students who are 18 or emancipated minors (“eligible students”) 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 (ED):
• Political affiliations or beliefs of the students or studentʼs parent;
• Mental or psychological problems of the student or the studentʼs 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 required 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 screenings, or any physical exam or screening permitted or required under State law;
• 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 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.
Parents/eligible students who believe their rights have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
Parentsʼ Rights Outlined in the No Child Left Behind Act-Highly Qualified Teachers
As a parent of a student attending a school that receives federal funds under the No Child Left Behind Act, you have the right to know the professional qualifications of each of your childʼs teachers. You have the right to ask for the following information about each of your childʼs teachers:
• Whether the teacher is certified by the state of Kansas to teach the grades and subjects he or she teaches.
• Whether the teacher is teaching under an emergency or provisional certificate.
• The teacherʼs college major.
• Whether the teacher has any advanced degrees and, if so, the subject of those degrees.
• Whether aides or paraprofessionals provide services to your child and, if so, qualifications of the aide or paraprofessional.
If you would like to receive any or all of this information, please contact the building principal at your childʼs school.
Jason Flatt Act – Youth Suicide Awareness
If you or someone you know is affected by suicide, please call for help. The National Suicide Prevention Lifeline is available 24/7 at 1-800-273-8255.
The Legislature has passed and the Governor has signed SB 323 which is known as the Jason Flatt Youth Suicide Awareness Act. The provisions of this bill relevant to suicide awareness and prevention are:
The board of education of each school district shall provide suicide awareness and prevention programming to all school staff and shall notify the parents or legal guardians of students enrolled in such school district that the training materials provided under such programming are available to such parents or legal guardians.
Such programming shall include at a minimum: At least one hour of training each calendar year based on programs approved by the State Board of Education. Such training may be satisfied through an independent self-review of suicide prevention training materials, and a building crisis plan developed for each school building. Such plan shall include:
Steps for recognizing suicide ideation; Appropriate methods of interventions; and A crisis recovery plan. On or before January 1, 2017, the State Board of Education shall adopt rules and regulations necessary to implement the provisions of this section.
For information about youth suicide and the Jason Flatt Act, visit: http://jasonfoundation.com/
Any instrument designed to survey students, either by district staff or by an outside agency or individual, shall be made available for inspection by parents or guardians before the survey is administered.
Asbestos in Our Schools - Notification to School Patrons
In compliance with the federal Asbestos Hazard Emergency Response Act (AHERA) USD 470 has completed the following requirements.
1. Inspection of all facilities for both friable and non-friable asbestos-containing building materials
2. Samples were taken during inspections in 1988 by a certified asbestos inspector as required under AHERA and were analyzed at an EPA-accredited laboratory.
3. A management plan was written based upon the inspection report and laboratory findings. The plan outlines the administrations intent in controlling and abating asbestos-containing building materials. The plan requires six month surveillance inspections and three year inspections by an outside accredited inspector. Some asbestos-containing building materials remain in some school facilities. The operations and maintenance plan, which is part of the management plan, describes the location of these materials and specific steps for maintaining the existing materials until their ultimate removal. The inspection results and management plan are available for your inspection in our maintenance office during regular office hours.
All inquiries regarding the plan should be directed to Director of Buildings and Grounds at 620-441-2000.
Under Section 504 of the Rehabilitation Act of 1973, public schools are responsible for the delivery of free appropriate education to students who have mental or physical impairments that substantially limit one or more major life activities. This federal civil rights act protects the civil and constitutional rights of people with disabilities. Section 504 states that people with disabilities cannot be excluded from or denied benefits of any program receiving federal financial assistance. If schools receive federal education money they must follow the law according to Section 504.
• A person is considered disabled under the definition of Section 504 if the individual:
• Has a mental or physical impairment that substantially limits one or more of such
personʼs major life activities;
• Has a record of such impairments; or
• Is regarded as having such an impairment.
“Major life activities” include functions such as caring for oneʼs self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning or working. When a condition does not substantially limit a major life activity, the individual does not qualify for services under Section 504.
A 504 accommodation plan is designed for each student according to individual needs. Parents should be encouraged to share concerns with the school early before problems become big. If a Section 504 meeting about the student takes place, parents are to be involved, helping to develop appropriate accommodations and/or services. At home, the parent should encourage their child to try hard and work with school staff for the best possible education for their child.
Please see the following BOE Policy:
In accordance with the provisions of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act, the district is committed to providing students with disabilities the opportunity to participate in and benefit from its programs and activities. Accordingly, the district will make reasonable modifications to its programs and activities to accommodate otherwise qualified students with disabilities, unless such modifications would impose an undue burden on the operation of the particular program or activity or would fundamentally alter the nature or purpose of the program or activity. No district board member, employee, or contractor shall retaliate against any person because of his or her exercise of rights under Section 504.
Questions about Section 504 may be addressed to USD 470 Section 504 Coordinator, 2545 Greenway, Arkansas City, KS 67005-1028.
Policy EE – Food Service Management
A supervisor may be hired by the board to oversee the district’s food service program.
The building principal shall inspect each lunchroom to ensure that proper sanitation procedures are being followed.
The supervisor shall be responsible for keeping food service records required by state and federal laws and regulations.
The supervisor shall be under the direct supervision of the superintendent and shall have control over all aspects of the district’s food service programs subject to board policy, rules and state and federal regulations.
Meal prices shall be determined by the board.
Free and Reduced-Price Meals
Parents or guardians of students attending schools participating in federal school meal programs must be informed of the availability of reimbursable school meals and provided with information about eligibility and the process for applying for free or reduced price meals on or before the start of school each year.
Unpaid Meal Charges
The district’s meal charging requirements are as follows.
A charge account for students paying full or reduced price for meals may be established with the district. Students may charge no more than $20 to this account. Charging of a la carte or extra items to this account will not be permitted.
Any student failing to keep his/her account solvent as required by the district shall not be allowed to charge further meals until the negative account balance has been paid in full. However, such students will be allowed to purchase a meal if the student pays for the meal when it is received. Students who have charged the maximum allowance to this account and cannot pay out of pocket for a meal will be provided an alternative meal consisting of a cheese sandwich, fruit and milk.
At least one written warning shall be provided to a student and his/her parent or guardian prior to denying meals for exceeding the district’s charge limit. If payment of the negative balance is not received within 5 days of the maximum charge limit being attained, the debt will be turned over to the superintendent or superintendent’s designee for collection. If the debt is not paid within 10 days of mailing the final notice of the negative account balance, it shall be considered bad debt for the purposes of federal law concerning unpaid meal charges.
Payments for school meals may be made at the school or district office or by going online at www.usd470.com. Students, parents, and guardians of students are encouraged to prepay meal costs.
The district will provide a copy of this unpaid meal charges policy to all households at or before the start of school each year and to families and students that transfer into the district at the time of transfer. The terms of this policy will also be communicated to all district staff responsible for enforcing any aspect of the policy. Records of how and when it is communicated to households and staff will be retained.
Sexual Harassment and Complaint Policies, Procedures
(GAAC, JGEC, GAAB)
Link to these and all District Policies
Updated policy language was adopted in July 2020. Visit the link above to view the full language on these 3 policies regarding sexual harassment, complaints, and investigation processing. Complaints regarding alleged discrimination on the basis of sex, as prohibited by Title IX of the Education Amendments of 1972 and other federal and state laws regulating such discrimination and discriminatory harassment, shall be handled in accordance with the procedures outlined in board policies GAAC and JGEC and shall be directed to the Title IX Coordinator, which is the Assistant Superintendent of Human Resources, Ms. Becky Moeder, at email@example.com or (316) 788-8415. The district takes all reports of sexual harassment seriously and will respond meaningfully to every report of discrimination based on sex, including sexual harassment. Please see policy language in the link above to view complaint procedures including how to report or file a formal complaint of sex discrimination or sexual harassment, supportive measures, and definitions.
With new Title IX regulations, the process to investigate sexual harassment complaints has been defined to include specific roles for coordinators, investigators, and decision-makers. Materials used by our district to train our administrators are required to be posted to the public. The document below is from the Kansas Association of School Board (KASB) legal department and is being used for administrator training.
USD 470 - Arkansas City Schools Children’s Internet Protection Plan – DRAFT
It is the policy of USD 470 to take the following technology protection or other specified measures in order to better protect our district students from harmful online and electronically transmitted content:
• install blocks or Internet filters to the district network in order to limit access by both minors and adults to child pornography and visual depictions or materials that are obscene, inappropriate or harmful to minors and/or the transmission thereof;
• monitor the online activities of students while at school, at school-sponsored activities, or while utilizing the district's network, computer system, computers, e-mail system, or electronic devices having access to the Internet;
• address issues related to the safety of students when using email, chat rooms, and other electronic communication;
• educate students about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms as well as on cyber bullying awareness and response;
• hinder unauthorized access (hacking) and other unlawful online activities by students; and
• prevent unauthorized disclosure, use, or dissemination of personal information regarding minors, which shall include, but may not be limited to, personally identifiable information contained in student records; and
• comply with the Children's Internet Protection Act.
Access to Inappropriate Material
To the extent practicable, technology protection measures or Internet filters shall be used to block or filter the Internet or other forms of electronic devices from accessing child pornography as well as obscene, inappropriate, or harmful material given the age and maturity levels of district students. It is the District’s goal to implement this plan in such a way as to ensure no minor has access to visual depictions that are child pornography, harmful to minors, or obscene. Subject to administrative approval, technology protection measures may be minimized only for bona fide research or other lawful purposes that are closely monitored by district staff.
Inappropriate Network Usage
To the extent practicable, steps shall be taken to promote the safety and security of users of the district's online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direct electronic communications. Specifically, in accordance with CIPA, measures to prevent inappropriate network usage shall include frequent monitoring of the District's network, computer systems, and equipment to detect any unauthorized access to prohibited materials as described earlier in this plan, hacking, and other unlawful activities by students or staff members. Such monitoring shall also strive to detect unauthorized disclosure, use, and dissemination of personally identifiable information regarding students.
Education, Supervision and Monitoring
It shall be the responsibility of all members of the District's staff to educate, supervise, and monitor appropriate usage of online computer network access to the internet in accordance with this policy and CIPA. If, during the course of such monitoring, a student or staff member discovers a violation of this policy, the student or staff member shall make a report as follows:
1) Students shall report suspected violation of this policy to any classroom teacher.
2) Staff members shall report suspected violations of this policy to their immediate supervisor when possible.
The district retains the right to discipline any student, up to and including expulsion, and any employee, up to and including termination, for violation of this policy.
This Children's Internet Protection Act Safety Plan was adopted by the Board of USD 470 at a public meeting, following normal public notice and a hearing, on Monday, February 10, 2020. Approved: KASB Recommendation – 6/12 ; 6/13; introduction 1/27/2020; hearing 2/10/2020
©KASB. This material may be reproduced for use in the district. It may not be reproduced, either in whole or in part, in any form whatsoever, to be given, sold or transmitted to any person or entity including but not limited to another school district, organization, company or corporation without written permission from KASB.