Individuals with Disabilities Improvement Education Act - IDEA

The St. Cloud Area School District 742 submitted its annual application to the Minnesota Department of Education specifying its plan for the expenditure of Public Law 108-446 (IDEIA - Individuals with Disabilities Education Improvement Act) dollars for upcoming fiscal year. Federal funds received by the School District must be expended on students with disabilities in keeping with specific Federal priorities. Please be informed that the content of this application for funds as well as any ensuing reports and evaluations are public information and available for your inspection. If any parent or member of the general public would like to review and/or comment on this application, please contact the Executive Director of Student Services and Special Education, at 320-370-8000 to make the necessary arrangements.

The notice is published in compliance with Public Law 108-446.

Notice of Non-Discrimination

The St. Cloud School Area School District 742 does not discriminate on the basis of race, color, creed, national origin, sex, marital status, disability, status with regard to public assistance, age, or sexual orientation in its programs and activities. The following persons have been designated to handle inquiries regarding the non-discrimination policies:

Tracy Bowe, Executive Director of Human Resources

Carol Potter, Executive Director of Student Services/Special Education

District Administrative Office
1201 2nd Street S.
Waite Park, MN 56387

Phone: 320-370-8000

For further information on non-discrimination or to obtain the address and phone number of the Office of Civil Rights Enforcement Office that serves your area, call 1-800-421-3481.

Notification of Students with Violent Behavior

In accordance with Minnesota Statute 121.64, St. Cloud Area School District 742 is required to provide notification to District employees regarding violent student behaviors. Minnesota Statute 13.03 identifies the information as private data on individuals and the data will be treated as such. For further details see District Policy 529 and 529A.

Parents Rights Regarding Student Records

St. Cloud Area School District 742 annually gives notice to parents of students currently in attendance in the District, and eligible students currently in attendance in the District, a summary of their rights regarding student records. As described below, a complete copy of the District’s policy regarding these rights may be obtained from the Superintendent.

1. Parents and eligible students are hereby informed that they have the following rights:

a. That a parent or eligible student has a right to inspect and review the student’s education records. A parent or eligible student should submit to the school district a written request to inspect education records which identify as precisely as possible the record or records he or she wishes to inspect. The parent or eligible student will be notified of the time and place where the records may be inspected;

b. That a parent or eligible student may ask the school district to amend a record that they believe is inaccurate or misleading. The request shall be in writing, identify the item the parent or eligible student believes to be inaccurate or misleading, shall state the reason for this belief, and shall specify the correction the parent or eligible student wishes the school district to make. The request shall be signed by the parent or eligible student. If the school district decides not to amend the record as requested by the parent or eligible student, the school district will notify the parent or eligible student of the decision and advise him or her of the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures and post-hearing rights will be provided to the parent or eligible student when notified of the right to a hearing;

c. That the parent or eligible student has a right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that federal and state law and the regulations promulgated thereunder authorize disclosures without consent (see below);

d. That the school district may disclose education records to school officials within the school district if the school district may disclose education records to school officials within the school district if the school district has determined they have legitimate educational interests. For purposes of such disclosure, a “school official” is a person employed by the school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or other employee; a person serving on the school board; a person or company with whom the school district has consulted to perform a specific task (such as an attorney, auditor, medical consultant, therapist, public information officer or data practices compliance official); or a parent or student serving on an official committee, such as a disciplinary or grievance committee; or any individual assisting a school official in the performance of his or her tasks. A school official has a “legitimate educational interest” if the individual needs to review an education record in order to fulfill his or her professional responsibility and includes, but is not limited to, an interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student and student health and welfare and the ability to respond to a request for educational data;

e. That the school district forwards education records on request to a school in which a student seeks or intends to enroll, including information about disciplinary action taken as a result of any incident in which the student possessed or used a dangerous weapon and any disposition order which adjudicates the student as delinquent for committing an illegal act on school district property and certain other illegal acts;

f. That the parent or eligible student has a right to file a complaint with the U.S. Department of Education regarding an alleged failure by the school district to comply with the requirements of 20 U.S.C. § 1232g, and the rules promulgated thereunder, the name and address of the office that

administers the Family Education Rights and Privacy Act is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-8520.

g. That the parent or eligible student has a right to obtain a copy of the school district’s policy regarding the protection and privacy of student records; and

h. That copies of the school district’s policy regarding the protection and privacy of school records are located at the Superintendent’s Office at the District Administration Office, 1201 2nd Street South, Waite Park, MN 56387.

2. St. Cloud Area School District 742 has adopted a school board policy in order to comply with state and federal laws regarding education records. The policy does the following:

a. It classifies records as public, private or confidential.

b. It establishes procedures and regulations to permit parents or students to inspect and review a student’s education records. These procedures include the method of determining fees for copies, a listing of the locations of these education records, and the identity of the individuals in charge of the records.

c. It establishes procedures and regulations to allow parents or students to request the amendment of a student’s education records to ensure that the records are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights.

d. It establishes procedures and regulations for access to and disclosure of education records.

e. It establishes procedures and regulations for safeguarding the privacy of education records and for obtaining prior written consent of the parent or student when required prior to disclosure.

3. Copies of the school board policy and accompanying procedures and regulations are available to parents and students upon written request to the Superintendent (see address above).

4. Pursuant to applicable law, St. Cloud Area School District 742, annually gives notice to parents of students currently in attendance in the school district, and eligible students currently in attendance in the school district, of their rights regarding “Directory Information.”

District 742 has designated the following information as “Directory Information” relating to a student: the student’s full name; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; and degrees, honors and awards received.

In addition, District 742 has designated the following as “Directory Information” that may be provided only to Student Resource Officers (SROs) and other law enforcement personnel: student’s home address, telephone number, and date of birth; class schedule; parent/guardian names, telephone numbers and addresses; and digital images of the student.

a. This “Directory Information” shall be public information which the school district may disclose from the education records of a student without written consent.

b. Should the parent of a student or the student so desire, any or all of the listed information will not be disclosed without the parent’s or eligible student’s prior written consent except to school officials as provided under federal law.

c. In order to make any or all of the ”Directory Information” listed above “private” (i.e. subject to consent prior to disclosure), the parent or eligible student must make a written request to the building principal where the student is enrolled within thirty (30) days after the date of the last publication of this notice. This written request must include the following information: (1) name of the parent making the request and name of the student, or name of the eligible student making the request, as appropriate; (2) home address; (3) school presently attended by student; (4) parent’s legal relationship to student, if applicable; (5) specific category or categories of directory information which is not to be disclosed without the parent’s or eligible student’s prior written consent., which shall only be applicable for that school year.

d. Pursuant to applicable law, St. Cloud Area School District 742, hereby gives notice to parents of secondary students and eligible secondary students of their rights regarding release of information to military recruiting officers. The school district must release the names, addresses, and home telephone numbers of secondary students to military recruiting officers within 60 days after the date of the request. Data released to military recruiting officers under this provision may be used only for the purpose of providing information to students about military service, state and federal veterans’ education benefits, and other career and educational opportunities provided by the military and cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces.

Should the parent of a student or the eligible student so desire, any or all of the listed information will not be disclosed to military recruiting officers without prior consent.

In order to refuse the release of this information without prior consent, the parent or eligible student must make a written request to the building principal within thirty (30) days after the date of the last publication of this notice. This written request must include the following information: (1) name of student and parent, as appropriate; (2) home address; (3) student’s grade level; (4) school presently attended by student; (5) parent’s legal relationship to student, if applicable; (6) specific category or categories of information which are not to be released to military recruiters without prior consent; (7) specific category or categories of directory information which are not to be released to the public, including military recruiters.

Notice: Refusal to release the above information to military recruiting officers does not affect the School District’s release of directory information to the public, including military recruiting officers. In order to make any directory information about a student private, the procedures contained in the Directory Information section of this notice also must be followed. If you do not want your child’s or eligible student’s directory information released to military recruiting officers, you must notify the school district that you do not want this directory information released to any member of the public, including military recruiting officers.

School Year Pesticide Notice

A Minnesota state law requires that schools inform parents and guardians if they apply certain pesticides on school property. State law also requires that you be told that the long-term health effects on children from the application of such pesticides or the class of chemicals to which they belong may not be fully understood. The St. Cloud Area School District does not apply pesticides on school property unless all other measures have failed to control the problem. In the event that insect control sprays and dusts need to be applied, it will only be done when students are absent from the areas, and will be out of the area until the spray and any odor has dissipated. If you would like to be notified prior to a chemical application, please contact Health & Safety at the District Services Building.

School Year Asbestos Notification

St. Cloud Area School District has a stringent inspection and management program for all asbestos containing building materials. As a matter of policy, the district will maintain a safe and healthful environment for our community’s youth and employees. Every three years, all buildings owned and leased by the district are re-inspected by an EPA accredited inspector for asbestos content. Every six months, all materials containing asbestos are surveyed. Any materials needing repair or removal are done so under our asbestos operation and maintenance program safely and responsibly. The St. Cloud Area School District has a list of locations and types of asbestos containing materials found in our buildings. A copy of the asbestos management plan is available for review in the Health & Safety office. Questions related to the plan should be directed to Chad Emery at 320-370-8147.

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Indoor Air Quality Notification

The St. Cloud Area School District is proud to be taking a leadership role in providing safe, comfortable, and productive environment for our students and staff so that we achieve our core mission – educating students. Our school will follow the EPA guidelines to improve our indoor air quality (IAQ) by preventing as many IAQ problems as possible, and by quickly responding to any IAQ problems that may arise. Good indoor air quality requires an ongoing commitment by everyone in our school because each of us daily make decisions and performs activities that affect the quality of the air we breathe. Each room in every building will be evaluated for indoor air quality. Teachers, building engineers and administrators will be trained on IAQ factors. Our District Health & Safety Department will follow up on any IAQ problems you may have. The St. Cloud Area School District has agreed to administer the IAQ Management Plan, which includes taking a team leadership role, coordinating emergency response, and serving as our information resource on IAQ. Questions should be directed to Health & Safety at the District Services Building. The District’s Health & Safety Web Site will carry progress reports as we learn more about indoor air quality in our schools.

In accordance with Minnesota Statute 609.66, Subdivision 1d (2002), St. Cloud Area School District 742 prohibits firearms on school property with limited exceptions. For further information on exceptions, please contact the District Administration Office at 320-370-8000.

St. Cloud Area School District 742 gives notice to parents of students currently in attendance in the school district, eligible students currently in attendance in the school district and students currently in attendance in the school district, of their rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical examinations.

1. Parents, eligible students and students are hereby informed that they have the following rights:

a. All instructional materials, including teachers manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any program funded in whole or in part by the U.S. Department of Education, shall be available for inspection by parents or guardians of students.

b. No student shall be required, as part of any program funded in whole or in part by the U.S. Department of Education, without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent, to submit to a survey that reveals information concerning:

i. political affiliations or beliefs of the student or the student's parent;

ii. mental and psychological problems of the student or the students family;

iii. sex behavior or attitudes;

iv. illegal, antisocial, self-incriminating or demeaning behavior;

v. critical appraisals of other individuals with whom respondents have close family relationships;

vi. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or

vii. religious practices, affiliations, or beliefs of the student or the student's parent;

viii. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

c. A parent, on behalf of a student or an eligible student, has the right to receive notice and an opportunity to opt the student out of participating in:

i. Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information, or otherwise providing that information to others for that purpose.

ii. The administration of any third-party survey (non-Department of Education funded) containing one or more of the items contained in Paragraph 1.b., above.

iii. Any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of, except for hearing, vision, or scoliosis screenings, or any physical examination or screening permitted or required under state law.

d. This notice does not preempt applicable state law that may that require parental notification.

e. The school district has developed and adopted a policy, 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 purpose.

f. The school district 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.

g. The school district will directly notify parents and eligible students, at least annually at the start of each school year, of the specific or approximate dates of the following activities and provide an opportunity to opt a student out of participating in:

i. Collection, disclosure, or use of personal information for marketing, sales, or other distribution.

ii. Administration of any protected information survey not funded in whole or in part by the U.S. Department of Education.

iii. 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, S.W., Washington, D.C. 20202-4605.

To facilitate the process of third party billing of special education health related services, St. Cloud Area School District 742 may provide your child's name and date of birth to the Minnesota Department of Human Services to determine your child's eligibility for Minnesota Health Care Programs. Only students who have been or will be evaluated to determine their eligibility for special education services will be included in this process. If you do not wish to have your child's information used for this purpose, please send your objection in writing to: Student Services, Attention Third Party Billing, 1201 2nd Street S, Waite Park, MN 56387. You may also mark "NO" on your child's annual Consent to Seek Payment for Special Education Health Related Services form.

The Special Education Department of St. Cloud Area School District 742 is again providing service to eligible students with disabilities who are enrolled in non-public school. Students with disabilities who are enrolled in non-public schools or home schooled are entitled to services comparable to those provided for students in public schools with limited exceptions.

Services provided include diagnostic assessment and evaluation. If the student is determined to have a qualifying disability and to be in need of special education instruction, appropriate instructional services for eligible students are provided on a shared-time basis and are offered in the public school setting or at a neutral site.

Various public school facilities throughout the District have been designated as teaching stations and the District is responsible for arranging special transportation, if needed, between the home school and the special teaching station. Non-public school principals are familiar with the procedures for initiating all referrals and will provide assistance to any parents who may have concerns.

Any parents of students enrolled in non-public schools having questions or concerns regarding potential learning problems of their children can contact their building principal to ask about procedures for initiating a request for service. Parents may also contact the Student Services Department at 320-370-8000 for further information.