ASU Preparatory Academy - Family Handbook

Compliance

Students learning in science class

Child Find

In compliance with the Individuals with Disabilities Education Act (IDEA) 2004, ASU Preparatory Academy will conduct child find activities for children birth through 21 years old.

The following are the procedures: Pre-referral, Child Find and Identification

1. Review school records (from prior schools and school of current enrollment).
2. Complete a 45-day screening for school-aged children new to the school.
3. Document interventions attempted for school-aged children prior to referring for an evaluation.
4. Refer children suspected of having a disability age birth to three years to Arizona Early Intervention Program.
5. Provide information to parent/guardian(s) in writing.
6. If appropriate, refer the child for evaluation and/or other appropriate services.

Charter schools identify, locate and evaluate all children with disabilities within their population served who are in need of special education and related services. For more information, contact your school site.

45-Day Screening

As mandated by Arizona Administrative Code (A.A.C.) R7-2-401 (C) and (D), ASU Preparatory Academy is required to establish a process to ensure that any academic and/or developmental concerns of its students are not overlooked, and to determine this within the first 45 days of each child’s attendance at a new school. To comply with this mandate, your child’s classroom teacher will screen your child on aspects of your child’s development such as language, cognition, perception and motor skills. Screening is a process of rating skill strengths and weaknesses. Should you have any questions with regard to the screening process, please feel free to contact your child’s teacher or school office.

Parents’ Right to Know Notice

We are pleased to notify you that in accordance with the Elementary and Secondary Education Act (ESEA), you have the right to request information regarding the professional qualifications of your child’s teacher. Specifically, you may request the following:

  • Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
  • Whether the teacher is teaching under emergency or substitute status.
  • The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.
  • Whether the child is provided services by paraprofessionals and, if so, their qualifications. Please contact the school office if you would like to request this information.

Public Notice of Educational Rights for
Homeless Youth

Services to the Homeless Population Children who are determined homeless are provided with certain rights in schools that ensure an equal opportunity for education. The term “homeless children and youth” means individuals who lack a fixed regular and adequate nighttime residence (A); and (B) includes—(i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement; (ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; (iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv) migratory children who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).

The McKinney-Vento Homeless Assistance Act (Subtitle B—Education for Homeless Children and Youth), reauthorized in 2015, ensures educational rights and protections for children and youth experiencing homelessness. McKinney-Vento Regulations All students are required to fill out a McKinney-Vento form upon enrollment. If your living arrangement is both temporary and the result of economic hardship, you may qualify for services under the McKinney-Vento Act. The purpose of this law is to provide academic stability for students of families in transition.

You may want to talk with our Homeless Education Liaison if your family’s temporary living arrangement is one of the following:

  • You are living with friends or relatives, or moving from place to place because you cannot currently afford your own housing.
  • You are living in a shelter or a motel.
  • You are living in housing without water or electricity.
  • You are living in a place not considered traditional housing, such as a car or a campground. A student may also qualify as an “unaccompanied youth” if he or she is living with someone who is not a parent or guardian, or if he or she is moving from place to place without parent or guardian.

For more information about eligibility you can review https://www.azed.gov/homeless or contact your school site.

Parent and Family Rights

The McKinney-Vento Act provides certain rights for students experiencing homelessness. They include waiving certain requirements such as proof of residency when students are enrolling and allowing categorical eligibility for certain services, such as free textbooks. The Act also states,

  • Homeless students may attend their school of origin or the school where they are temporarily residing;
  • Homeless students must be provided a written statement of their rights when they enroll and at least two times per year;
  • Homeless students may enroll without school, medical, or similar records;
  • Homeless students have a right to transportation to school;
  • Students must be provided a statement explaining why they are denied any service or enrollment;
  • Students must receive services, such as transportation, while disputes are being settled;
  • Students are automatically eligible for Title I services;
  • School districts must reserve a portion of Title IA funds to serve homeless students;
  • School districts must review and revise policies that provide barriers to homeless students;
  • Schools must post information in the community regarding the rights of homeless students, in schools and other places that homeless families may frequent; and
  • School districts must identify a McKinney Vento Liaison to assist students.

Section 504 Compliance

In compliance with Section 504 of the Rehabilitation Act of 1973, no otherwise qualified individual with disabilities, shall solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity at ASU Preparatory Academy. The law also requires that facilities be readily accessible for use by individuals with disabilities. ASU Preparatory Academy intends to comply with the requirement of this law. Questions concerning the law may be addressed with your school site principal.

ASU Preparatory Academy’s Network 504 Coordinator is Marsha Hofstetter and can be reached at Marsha.Hofstetter@asu.edu.

Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for ASU Preparatory Academy to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. An outline of grievance procedures is available at each school on request. Questions concerning the law may be addressed with your school site principal.

FERPA

ANNUAL NOTIFICATION OF RIGHTS UNDER FERPA REGARDING CONFIDENTIALITY OF STUDENT EDUCATION RECORDS

Confidentiality of education records is a right of public school students and their parents. This right is provided for by the Family Educational Rights and Privacy Act (FERPA). Under this law, “education records” means those records that are: (1) directly related to a student; and (2) maintained by an educational agency or institution or by a party acting for the agency or institution. Of course, education records are maintained on every child enrolled in a public school. The types of information gathered and maintained includes, but is not limited to: the students and parents’ names, address and telephone number; the student’s date and place of birth, date of enrollment in the school, records from previous schools attended, attendance record, subjects taken, grades, school activities, assessment results, number of credits earned, immunization records, disciplinary records, if any, correspondence from parents, and child find and other screening results, including hearing and vision screening results.

In addition, for children with disabilities, education records could include, among other things, evaluation and testing materials, medical and health information, each annual Individualized Education Program (IEP), notices to parents, notes regarding IEP meetings, parental consent documents, information provided by parents, progress reports, assessment results, materials related to disciplinary actions, and mediation agreements. The information is gathered from a number of sources including the student’s parents and staff of the school of attendance. Also, with parental permission, information may be gathered from additional sources including doctors and other health care providers.

This information is collected to assure proper identification of a student and the student’s parents and the maintenance of accurate records of the student’s progress and activities in school. For children with disabilities, additional information is collected in order to assure the child is identified, evaluated, and provided a Free Appropriate Public Education (FAPE) in accordance with state and federal special education laws.

Schools must ensure compliance with federal confidentiality laws at all stages of gathering, storing, retaining and disclosing education records to third parties. In addition, the destruction of any education records of a child with a disability must be in accordance with IDEA regulatory requirements.

In accordance with FERPA, the rights of the parents regarding education records are transferred to the student at age 18, subject to limited exceptions.

The Family Educational Rights and Privacy Act (FERPA) affords parents, and in the case of students of ASU Preparatory Academy (the “School”) who are 18 years of age or older, the students themselves (“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 no more than 45 days after the day the School receives a request for access. Parents or eligible students should submit a written request to the school Principal that identifies the records they wish to inspect. The Principal or Registrar will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. HERE is the process for requesting information

2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the School to amend a record should submit a written request to the school principal, clearly identifying the part
of the record they want changed, and specify why it should be changed. 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 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 provide written consent before the School discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent of a parent or eligible student; please see below for some of the situations where prior written consent for disclosure is not required by FERPA. 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) or a person serving on the School Governing Board. A
school official also may include a volunteer or contractor outside of the School who performs an institutional service or function for which the School would otherwise use its own employees and who is under the direct control of the School with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer 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.

4. Upon request, the School discloses education records without consent of a parent or eligible student to officials of another school district, charter school or other educational institution in which a student seeks or intends to enroll, or is already enrolled, if the disclosure is for purposes of the student’s enrollment or transfer.

5. Parents have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the School 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, SW
Washington, DC 20202

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in Title 34, Section 99.31 of the FERPA regulations. Except for disclosures to School officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of FERPA regulations requires the School to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A School may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student:

  • To other school officials, including teachers, within the educational agency or institution whom the School has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the School has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
  • To officials of another school, school district, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
  • To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the Arizona Department of Education. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State- supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
  • To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
  • To organizations conducting studies for, or on behalf of, the School, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
  • Information the School has designated as “directory information” under §99.37 (see below). (§99.31(a)(11))
  • To representatives of a state or local child welfare agency or tribal organization when such agency is legally responsible for the care and protection of the student.
Students learning in the classroom

RIGHT TO CONSENT TO DISCLOSURES OF PERSONALLY IDENTIFIABLE INFORMATION

The right to inspect and review education records and the release of or access to such records, other information, or instructional materials will be consistent with federal law in the Family Educational Rights and Privacy Act, Title 20, United States Code, sections 1232g and 1231h, the USA PATRIOT ACT, NCLB, and with federal regulations issued pursuant to such act.

According to FERPA, only the teacher and/or authorized District officers and employees may have access to student records.

Parents have the right, upon reasonable request, for explanations and interpretations of the information contained in the records and a right to request copies of the records containing the information, if not in violation of stated policy of FERPA. Parents have the right to have a representative of the parent to inspect and review the records.

The principal, or other education records custodian, will make the needed arrangements as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected. This procedure must be completed in forty-five (45) days or less after receipt of the request for access.

In addition, Arizona law requires that parents have the right to view the following documents related to their student and that records shall be provided within ten days of the parents’ request:

– Attendance records; Test scores; Grades; Extra-curricular activity or club participation; Disciplinary records; Counseling records; Psychological records; Applications for admission; Health and immunization information; Teacher and counselor evaluations; Reports of behavioral patterns; Email accounts; Online or virtual accounts and data

Please contact your site principal for information on how to obtain educational records and other education related documents. A copy of the Parent’s Bill of Rights (A.R.S. § 1-602) may be found on the school’s website.

NOTICE FOR STUDENT DIRECTORY INFORMATION RELEASE

Federal law (specifically, the Family Educational Rights and Privacy Act or “FERPA”) requires that the School, with certain exceptions, obtains your written consent prior to the disclosure of personally identifiable information from your child’s education. FERPA provides many exceptions to the written consent requirement. For example, personally identifiable information from education records may be released to other school or School officials, to other schools where your child seeks to enroll, to the Arizona and United States Department of Education, and under other exceptions provided by law.

Another exception to the written consent requirement is for information designated as “directory information.” Directory information is information that is typically not considered harmful to disclose. Before the School may release directory information without your written consent, it must first inform you of those items that the School will designate as directory information, and provide you an opportunity to opt-out. The School has taken care to balance safeguarding your child’s information with ensuring that your child is informed of various opportunities and activities.

Accordingly, the School has decided to designate the following information as “directory information” (information that can be released without your written consent):

  • Student’s name*
  • Student’s parents’ names
  • Student’s home address*
  • Student’s home telephone number*
  • Student’s School assigned electronic (e-mail) address*
  • Student’s current school of attendance
  • Student’s major field of study
  • Student’s photograph
  • Student’s grade Level (9th, 10th etc.)
  • Student’s enrollment status (part time or full time)
  • Student’s honors and awards received
  • Student’s dates of attendance (semester, quarter, etc., not specific days in school)
  • Student’s participation in officially recognized activities and sports
  • Student’s height, weight and athletic number if member of an athletic team
  • Student’s most recently attended educational agency or institution
  • Class rank by percentages (for example, top 10%, top 20%)*
  • Class rank by GPA (for example, 3.0 and above)*

NOTE: The items with an asterisk (*) are designated by the School as directory information only if the information is being released to: 1) Colleges, universities, and prospective employers for purposes of recruitment, notification of scholarship offers or job opportunities, and similar purposes; or 2) ASU Preparatory Academy-affiliated and approved groups or vendors [e.g. student groups and clubs (yearbook, student newspapers, student council, marching band, National Honor Society, and the like); student athletic teams; parent booster clubs; site council; parent-teacher groups; graduation vendors (photographs, caps and gowns, announcements), and the like]. This information will not be considered “directory information” if being requested by an individual or group that does not conform to the requirements above (e.g. for-profit business that are not School-approved vendors, outside media groups, and the like). In those circumstances, the information designated with an asterisk (*) will only be released if written consent is provided by the parent/guardian or eligible student.

There are various pros and cons to directory information that you must weigh as a parent. If you opt-out of directory information, the School will not release your child’s information to colleges, recruiters, or other entities providing scholarship opportunities. Your child may also miss opportunities to be on vendor lists for graduation announcements, yearbook opportunities, or other student lists for participation in clubs and activities, or his/her achievements may not be publicized in School announcements.

Another item to consider is that two federal laws require the School to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the School that they do not want their student’s information disclosed without their prior written consent.

If you do not want any or all directory information about your student to be released to any person or organization (including School groups) without your prior signed and dated written consent, you must notify the School in writing by checking off any or all of the rejected information found on the form and returning it to your student’s school, by August 31st.

NOTIFICATION OF RIGHTS UNDER THE PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)

PPRA affords parents certain rights regarding the School’s 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.

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

The School has policies, developed 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. The School will directly notify parents and eligible students of these policies at least annually at the start of each school year and after any substantive changes. The School will also directly notify, such as through U.S. Mail or e -mail, parents of students and eligible students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent or eligible student to opt a student out of participation of the specific activity or survey. The School will make this notification to parents and eligible students at the beginning of the school year if the School has identified the specific or approximate dates of the activities or surveys at that time.

For surveys and activities scheduled after the school year starts, parents and eligible students will be provided reasonable notification of the planned activities and surveys listed below and will be provided an opportunity to opt the student out of such activities and surveys. Parents and eligible students 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 and 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, DC 20202-4605