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 Hillsboro R-3 School District assures that it will provide a free, appropriate public education (FAPE) to all eligible children with disabilities between the ages of 3 and 21 under its jurisdiction. Disabilities include autism, deaf/blindness, emotional disorders, hearing impairment and deafness, intellectual disabilities, multiple disabilities, orthopedic 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 Hillsboro R-3 School District 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 First Steps program.
The Hillsboro R-3 School District 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 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 Hillsboro R-3 School District has developed a Local Compliance Plan for the 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 the General Education Provision Act (GEPA). This plan may be reviewed 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) that reside in the district. This census must be compiled by December 1 of 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 the public school, please contact the Special Services Office at the Hillsboro R-3 School District. This notice will be provided in native languages as appropriate.
SECTION 504 PUBLIC NOTICE
The Hillsboro R-3 School District does not discriminate against individuals covered under Section 504 of the Rehabilitation Act of 1973. No qualified disabled person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any educational program or activity which receives or benefits from Federal financial assistance. The nondiscrimination requirement of Section 504 includes both physical accessibility and program accessibility.
Questions, complaints or requests for additional information regarding Section 504 may be forwarded to the Section 504 Compliance Coordinator: Matt Whitehead, Hillsboro R-III School District 5 Ridgewood Drive Hillsboro, MO 63050 (636) 789-0066
SURROGATE PARENT NOTICE
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 lives. 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 Hillsboro R-3 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, more information can be obtained from the district's surrogate parent contact person - the person responsible for the district's special education program.
DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
STANDARD COMPLAINT RESOLUTION PROCEDURE FOR IMPROVING AMERICA'S SCHOOLS ACT PROGRAMS
This standard complaint resolution procedure applies to all programs administered by the Department of Elementary and Secondary Education under the Goals 2000: Educate America Act and the Improving America's Schools Act (IASA).What is a complaint for purposes of this policy? A complaint is an allegation that a specific federal or state law or regulation has been violated, misapplied, or misinterpreted by school district personnel or by Department personnel. A complaint under this procedure must be in writing and signed by the complainant. The written complaint must specify the details of the situation and must pertain to a law or regulation that is allegedly being violated, misapplied, or misinterpreted. Who may file a complaint? Any parent or guardian, surrogate parent, teacher, administrator, school board, or other person directly involved with an activity, program, or project operated under the general supervision of the Department may file a complaint. What types of complaints are recognized? There are two types of complaints:1. A complaint alleging that a local school district is violating, misapplying, or misinterpreting a law or a regulation of the Department of Elementary and Secondary Education; and, 2. A complaint alleging that the Department of Elementary and Secondary Education is violating, misapplying, or misinterpreting a law or a regulation. How are complaints filed? l. Complaints against local school districts. A complaint alleging that local school district officials have violated, misapplied, or misinterpreted a state or federal law or regulation must first be filed and 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 Department. Before accepting such a complaint, the Department will ask for evidence of an attempt to resolve the issue at the local level. If the parties have not 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. A question about local school district policies, rules, or practices which are not based on federal or state laws or regulations is not a complaint within the meaning of this policy and must be settled at the local school district level.2. Complaints against the Department of Elementary and Secondary Education. A local school district official, a local board of education, or any person directly affected by actions of the Department may file a written complaint alleging that the Department or its personnel have violated, misapplied, or misinterpreted a state or federal law or regulation directly with the Department.
How does the State Department hear and resolve complaints?
1. Any formal complaint against the Department or an unresolved complaint against a local school district related to the IAA is to be addressed to the Director of the Grants Management Section.
2. Within thirty days after receiving a complaint or appeal, the section director will resolve the complaint and inform interested parties in writing of the decision. In resolving the complaint, the section director may rely upon statements of the parties involved or may conduct an independent investigation. The section director may grant an extension of the thirty-day limit for just cause.
3. If complainant disagrees wit the decision of the section director, the complainant may, within ten working days, appeal to the Deputy Commissioner of Education. This appeal must be in writing and state why the complainant disagrees with the decision.
4. Within thirty days after receiving an appeal, the Deputy Commissioner of Education will render a final administrative decision and notify the complainant in writing.
5. If the complainant disagrees with the decision of the Deputy Commissioner of Education in a matter relating to federal law or regulation the complainant may request a review of the decision by the United States Secretary of Education in accordance with 34 CSR Part 76, section 76.781.
What other recourse is available in resolving complaints?
In some circumstances, complainant may have addition recourse in the courts or through the Administrative Hearing Commission.
NOTICE OF DIRECTORY INFORMATION
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that the Hillsboro R-3 Schools District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, the Hillsboro R-3 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 allow the Hillsboro R-3 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.
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 educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education 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 the Hillsboro R-3 School District to disclose directory information from your child's education records without prior written consent, you must notify the District in writing by September 20, 2019. The Hillsboro School R-3 District has designated the following information as directory information:
-- Student's name
-- Participation in officially recognized activities and sports
-- Telephone listing
-- Weight and height of members of athletic teams
-- Degrees, honors, and awards received
-- Date and place of birth
-- Major field of study
-- Dates of attendance
-- Grade level
-- The most recent educational agency or institution attended
Notification or 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 ("eligible students") certain rights with respect to the student's education records. These rights are:(1) The right to inspect and review the student's education records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies 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 education 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. They should write the school principal, clearly identify the part of the record they want changed, 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. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.(3) 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 is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); 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 education record in order to fulfill his or her professional responsibility. Upon request, the Hillsboro R-3 School District will forward/disclose education records without consent to officials of another school 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 Hillsboro R-3 School District to comply with the requirements of FERPA. The name and address of the office that administered FERPA is: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605
Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)
PPRA affords parents and students who are 18 or emancipated minors ("eligible students") 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 (ED)--
1. Political affiliations or beliefs of the student or student's parent;
2. Mental or psychological problems of the student or student's family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers,
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.
--Receive notice and an opportunity to opt a student out of--
1. Any other protected information survey, regardless of funding;
2. 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; and
3. 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--
1. Protected information surveys of students;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum.
The Hillsboro R-3 School District has developed and adopted policies, in consultation with parents, 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. Forms are available, upon request, in each building principals' office to allow parents/eligible students to opt out of participating in:
--Collection, disclosure, or use of personal information for marketing, sales or other distribution.
--Administration of any protection information survey not funded in whole or in part by ED.
--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 Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605