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Bayless School District Public Notices

Fall 2009

Letter from the Assistant 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 provide 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,

Steve Brotherton

Assistant Superintendent

Notification of Rights under FERPA for Elementary and Secondary Schools

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age certain rights with respect to the student’s educational records maintained by the Bayless School District.  These rights are outlined below:

1.   The right to inspect and review the student’s educational records.  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.  The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

2.   The right to request the amendment of the student’s educational records that the parent or eligible student believes are inaccurate or misleading.  Parents or eligible students may ask the school to amend a record that they believe is inaccurate or misleading or in violation of the student’s privacy.  They should write the principal or appropriate official, clearly identify the part of the record they want to change and specify why it is inaccurate or misleading.  If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.

3.   The right to consent to disclosure 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 is a person employed by the school as an administrator, supervisor, instructor, or support staff member; a person serving on the School Board; a person or company with whom the school has contracted to perform a special task; or a parent or student 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 educational record in order to fulfill his or her professional responsibility.  The district has determined that the Voluntary Interdistrict Choice Corporation (VICC) and its officers, employees and agents are 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 school discloses education records without consent of officials of another student district in which a student seeks or intends to enroll.

4.       The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school with the requirements of FERPA.  The name and address of the office that administers FERPA is the Family Policy Compliance Office U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.

5.       Requires that Bayless School District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records.  However, Bayless School District may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures.  The primary purpose of directory information is to all the Bayless School District to include this type of information from your child’s education records in certain school publications. Examples include: a playbill, showing your student’s role in a drama production; the annual yearbook;  honor roll or other recognition lists; graduation programs; and sports activity sheets, such as for wrestling, showing weight and height of team members.

6.       Directory Information, which is information that is generally not considered harmful or an invasion of privacy if released,  can also be disclosed to outside organizations without a parent’s prior written consent.  Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.  In addition, two federal laws require local education agencies (LEAs) receiving assistance under the Elementary and Secondary Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent. If you do not want Bayless School District to disclose directory information from your child’s education records without your prior written consent, you must notify the District 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, address, telephone listing, electronic mail address, photograph, date and place of birth, grade level, major field of student, dates of attendance, participation in officially recognized activities and sports, photographs, weight and height of members of the athletic teams, the most recent educational agency or institution attended, degrees, honors, awards received, student ID number, user ID, or other unique personal identifier used to communicate in electronic systems that cannot be used to access education records without a PIN, password, etc. (A student’s SSN, in whole or in part, cannot be used for this purpose).)

The 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 Maureen Clancy-May, PhD, Superintendent at:  4530 Weber Rd., St. Louis, MO 63123; 314-256-8601; mclancymay@bayless.k12.mo.us

Did you know...

When a school or district is identified for School or District Improvement, the district must notify the parents/guardians of all children in the identified Title I building of its School Improvement status or District Improvement status. 

Within thirty days after the beginning of the school year, a district must inform parents/guardians that their limited English proficient (LEP) child has been identified for participation in a language instruction program.

Parents/guardians of students enrolled in a persistently dangerous school, or students who are victims of violent criminal offense while on school property, must be notified of their option to transfer their student to a school that is not designated persistently dangerous.

That children qualified as LEP must be taught by a proficient user of English as certified by the building principal

Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)

PPRA affords parents 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 iin part by a program of the U.S. Department of Education (ED): political affiliations or beliefs of the student or student’s parents; 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, affiliation, or beliefs of the student or parents; or income, other than as required by to 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 it’s 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; 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. 

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.

Bayless School District will develop and adopt policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.  Bayless School District will directly notify parents of these polices at least annually at the start of each school year and after any substantive changes. Bayless School will also notify, such as through U.S. mail or email, parents of strudents who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt out their child out of such activities and surveys.  Parents will also be provided an opportunity to review any pertinent surveys.  Following is a list of the specific activities and surveys covered under this requirement: 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 ED; any non-emergency, invasive physical examination or screening as described above.  Parents 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.  20202-8520.

Compliance with Federal Regulations

The Bayless School District does not discriminate on the  basis of race, color, national origin, sex or disability in admission or access to, or treatment of employment, in its programs and activities.  Inquires concerning the application of Bayless Consolidated School District’s policy of nondiscrimination should be directed to the District’s Section 504 and Title IX Coordinator, Mr. Steve Brotherton, Assistant Superintendent, 4530 Weber Road, St. Louis, MO 63123, 314-256-8603.

Sex Discrimination Prohibited: Sex discrimination in federally assisted educational programs is prohibited by Title IX of the Educational Amendments.  The federal regulations required that the Bayless School District, as a recipient of Federal Assistance to its education program, notify all applicants for admission and employment, students and parents, employees, referred agencies, and all employees and professional organizations having agreement with the district that it does not discriminate on the basis of sex in its educational programs or activities and that is required by Title IX not to discriminate in such a manner.

Mr. Steve Brotherton, Assistant Superintendent, was designated as the district’s compliance officer by the Board of Education.

Anyone believing that non-compliance or misrepresentation of the Title IX provision exists should contact the school district staff member involved.  Should this prove to be unsatisfactory, a written complaint should be filed with Mr. Steve Brotherton.  Should the complainant be dissatisfied with the resolution of the compliance officer, the complainant may make a written appeal to the Board of Education, with a copy of the appeal sent to the compliance officer.  The final decision rests with the Board of Education except that if the decision is unsatisfactory to the complainant may appeal the decision to the Office for Civil Rights in Kansas City.  Mr. Brotherton may be reached at 314-256-8603, Bayless School District Central Office at 4530 Weber Road, St. Louis, MO 63123.

Non-Discrimination of Handicapped: The Rehabilitation Act of 1973, Section 504, states that no institution receiving federal funding can discriminate against handicapped persons.  Bayless Schools do not discriminate against handicapped persons.  Inquires by persons concerning employment practices or related matters for the handicapped or protection assured them by Title IX may be directed to Mr. Steve Brotherton, Assistant Superintendent, District Compliance Office, Bayless School District, 4530 Weber Road, St. Louis, MO 63123, phone 314-256-8603.

Family Educational Rights and Privacy Act: According to Bayless School policy and the federal Family Educational Rights and Privacy Act of 1974, parents of students attending the Bayless School have the right to inspect and review the educational records of their children.  Parents have the right to a hearing to challenge the content of their child’s record and to ensure that inaccurate or misleading data is corrected.  No data about a named student, other than directory information, can be released without written consent from the student’s parents, and parents must be notified when records are subpoenaed.

When a student reaches the age of 18 or attends a post secondary institution, parental consent and rights no longer apply.  The rights to review records, to challenge the contents of records, and to give release consent become the rights of the older student.

The District has determined that the Voluntary Inter-District Choice Corporation (VICC) and its officers, employees and agents are 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 interest 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.

The school principal is responsible for maintaining security and privacy of students’ records.

The Bayless School District declares the following as “directory information” as provided in said act, and that information relating to students may be made public if said information is in any of the following categories: student’s name, address, telephone listing, date and place of birth, major field of study, pictures, participation of officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, honors and awards received, and most recent previous educational agency or institution attended.

The parents of any students may notify the principal of the school which the student attends that any or all of the above information designated should not be released without the parent’s prior consent, provided that such notification is given to the principal in writing within thirty days of the public notice.

Public Notice of Special Educational Services

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 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 the Component Districts assures that a free, appropriate public education (FAPE) is provided to all students with disabilities between the ages of 3 and 21 under its jurisdiction.  Disabilities include: autism; deaf/blindness; emotional disorders; hearing impairment and deafness; mental retardation; multiple disabilities; orthopedic impairment; other health impairments; specific learning disabilities; speech and language impairment, traumatic brain injury; visual impairment/blindness; and young child with a developmental delay as identified in accordance with 162.675 (2) (3) RSMo and the individuals with Disabilities Education Act (IDEA).

The Special School District in partnership with the Component Districts assures 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 assures that personally identifiable information collected, used, or maintained by the agency for the purposes of identification, evaluation, placement or provision of FAPE of children with disabilities may be inspected and/or reviewed by their parent/guardians.  Parents/guardians may request amendments 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 Plan for implementation of State Regulations for the Individuals with Disabilities Education Act (IDEA).  This Plan contains the agency’s policies and procedures regarding storage, disclosure to third parties, retention and destruction of personally identifiable information and the agency’s assurances that services are provided in compliance with General Education Provision Act (GEPA).  This Plan is available for public review during regular school hours on days school is in session in the Office of the Superintendent of Schools.

Local school districts in the State of Missouri are required to conduct an annual census of all children with disabilities or suspected disabilities from birth to age twenty-one (21) who reside in the District.  This census must be compiled by December 1 each year.  This information is treated as confidential and must include: name of the child; parent/legal guardian’s name/address; birth date and age of the child; the child’s disability; and the services provided to the child.  If you have a child with a disability or know of a child with a disability who is not attending public school, please contact your local school district or the Special School District of St. Louis County.

This notice can be provided in native languages as appropriate.

Notice of Nondiscrimination

Employees and applicants for employment, students and applicants for admission, sources of referrals of applicants for employment and admission, parents of elementary and secondary school students, professional teacher/support staff associations recognized by the district are hereby notified that Bayless School District does not discriminate in employment, treatment, admission or access and participation in district programs and activities on the basis of sex, race, color, age, national origin or disability.

The Bayless School District has designated Mr. Steve Brotherton, Assistant Superintendent to coordinate the district’s efforts to comply with the regulations implementing Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973.

Any person having an inquiry concerning the district’s compliance with the above regulations and established grievance procedures should contact the Assistant Superintendent at 314-256-8603, Bayless School District, 4530 Weber Road, St. Louis, MO 63123.  Any person may also contact the Assistant Secretary for Civil Rights, U.S. Department of Education.

Public Complaints Procedures

The following steps are proper procedures to be followed by persons with questions or complaints regarding the operation of the school district:

1.       Complaints on behalf of individual students should first be addressed to the teacher.

2.       Unsettled matters from (1) above or problems and questions concerning individual schools should be directed to the principal of the school.

3.       Unsettled matters from (2) above, or problems and questions concerning the school district should be directed to the superintendent.

4.       If the matter cannot be settled satisfactorily by the Superintendent, it should be brought to the Board of Education.  Questions and comments submitted to the secretary of the Board in letter form will be brought to the attention of the entire Board at a regularly scheduled or called meeting.

If necessary, a board hearing will be scheduled to resolve the complaint.  However, the decision of the Board shall be final except in the case of complaints concerning administration of federal programs.  In that case the complainant may go to the appropriate section of the Department of Elementary and Secondary Education and from there on the United States Secretary of Education.

The Board considers it the obligation of the professional and support staff of the district to field the questions of parents/guardians or the public.  Accordingly, the district will inform patrons of this complaint procedure and its availability for lodging complaints against the local district or the state.

Complaints regarding district compliance with nondiscrimination laws will be processed according to the grievance procedure (AC-R) established for that purpose.

Surrogate Parent Program

Pursuant to the requirements of state law 162.997-999 RSMo. The State Board of Education is required to appoint a surrogate parent at such time as it becomes evident that a child with a disability does not have a parent or a person acting as a parent to participate in matters dealing with the provision of special education.  For purposes of surrogate parent appointment, “parent” is defined as a biological parent, a guardian, or a person acting as a parent of a child including, but not limited, to a grandparent, a stepparent, or a foster parent with whom the child resides.  The term does not include the State if the child is a ward of the State.  The term does not include a person whose parental rights have been terminated.

The local school district is given the responsibility to determine when a child with a disability who requires special education and who resides in the District is without a parent.  The District must notify the Missouri Department of Elementary and Secondary Education of the need to appoint a surrogate parent.  Training for persons serving as surrogate parents will be provided by the Missouri Department of Elementary and Secondary Education and the District.

If you are interested in volunteering to serve as a surrogate parent, contacting

Steve Brotherton, Assistant Superintendent, can obtain more information at 314-256-8603.

Notification of Asbestos Management Plan Availability

In compliance with the U.S. Environmental Protection Agency (EPA) regulation promulgated under the Asbestos Hazard Emergency Response Act (AHERA), an inspection of our school buildings for asbestos-containing building materials was completed in the fall of 1988. 

The EPA requires us to perform a re-inspection of the asbestos-containing materials and update the management plan every three years.  An accredited management planner reviews the results of the re-inspection and recommended actions we should take to safely manage the regulated materials in our buildings.

The results of the re-inspections and management plan updates are available for review in the Asbestos Management Plan in the school’s administrative office during school hours (M-F, 8:00 a.m. – 4:00 p.m.).

Standard Complaint Resolution Procedure

This complaint resolution procedure applies to all federal and state programs administered by the Department of Elementary and Secondary Education.

A complaint is a formal allegation that a specific federal or state law or regulation has been violated, misapplied or misinterpreted by school district personnel or by Department of Education personnel.

Any parent or guardian, surrogate parent, teacher, administrator, school board member, or other person directly involved with an activity, program or project operated under the general supervision of the Department may file a complaint.  Such a complaint must be in writing and signed: it will provide specific details of the situation and indicate the law or regulation that is allegedly being violated, misapplied or misinterpreted.

The written, signed complaint must be filed and the resolution pursued in accordance with local district policy.

If the issue cannot be resolved at the local level, the complainant may file a complaint with the Missouri Department of Education.  If there is no evidence that the parties have attempted in good faith to resolve the complaint at the local level, the department may require the parties to do so and may provide technical assistance to facilitate such resolution.

Any persons directly affected by the actions of the Department may file a similarly written complaint if they believe state or federal laws or regulations have been violated, misapplied, or misinterpreted by the Department itself. For more information call (314) 256-8601.

Missouri Parent Information Resource Center (PIRC)

The Missouri PIRC serves parents, schools, and community organizations throughout the state by providing a wide range of information, training, technical assistance, and resources to help parents promote their children's achievement in school. A collaborative effort of LIFT (Missouri's Literacy Resource Center), the Parents as Teachers National Center, Inc. (PATNC), ParentLink, Practical Parenting Partnerships (PPP), Missouri's Department of Elementary and Secondary Education (DESE), and the St. Louis Public Schools, the Missouri PIRC disseminates parent-related information to parents in all areas of the state. On another level, the Missouri PIRC partners provide intensive services targeted to parents in urban and rural communities in Missouri with children attending low-performing schools. During this three-year project, more parents will receive information and training to help them better understand Missouri's accountability system, their options and choices, and ways to improve their ability to help their children succeed in school.

Building upon existing, high-quality parent education and early education services and programs, the Missouri PIRC works closely with the state department of education to provide parents timely, accurate information so that they better understand Missouri's accountability system and the options and choices in No Child Left Behind. The PIRC training and technical assistance components assist parents and schools in strengthening their parent involvement policies, plans, and activities.

The Missouri PIRC employs a number of strategies and activities to share information and resources, including parent trainings, workshops, toll-free hotlines, print materials, and web sites. The Missouri PIRC also coordinates various Federal, state, and local parental involvement initiatives.

The goals of the Missouri PIRC are:

• to improve parents' ability to support their child's academic achievement
• to expand and strengthen partnerships among parents, schools, and community organizations
• to coordinate a statewide comprehensive approach to improve student learning through parental involvement.

For more information on Missouri PIRC, please visit their website at:  http://www.missouri-pirc.org

HOMELESS NOTICE

The Bayless School District seeks to ensure that homeless children in the School District have access to a free, appropriate public education. Homeless students are those identified as such in the McKinney Homeless Assistance Act. For further information, please contact Jennifer Nelson, school social worker, 4530 Weber Road, St. Louis, Mo 63123 or call 314-256-8615.