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Home » Information » State/Federal Correspondence » NSBA NSBA ANNUAL NOTICES By: Lisa E. Soronen, NSBA Staff Attorney June 2006 Numerous federal (and state) laws require school districts to provide students, parents, and/or the public with notices, many of which must be provided at the beginning of the school year. Fortunately, oftentimes federal agencies or other entities create model notices (or provide information useful to creating notices) that can be easily tailored to meet individual district needs. The following article describes some of notices required by federal law and provides links to documents that may be used in writing notices. This article does not contain a description of employment-related notices required by federal law or notices required by state law. No Child Left Behind Act The No Child Left Behind Act (NCLB) requires the state education agency, school districts, and, individual schools to provide numerous notices to parents, the public, and others. Some of the notices that school districts and/or individual schools are required to give under NCLB include: annual report cards; progress reviews; schools identified for school improvement, corrective action, or restructuring; parental involvement policies; state education agency complaint procedures; teacher and paraprofessional qualifications; non-highly qualified teachers; student achievement information; meeting and information and on Title I, Part A; and, a variety of information about the status of English language learners. When notice must be given and who must receive the notice differs for each notice. " The U.S. Department of Educations non-regulatory guidance document, Parental Involvement Title I, Part A, contains a chart listing the key parental notice requirements under Title I, Part A of NCLB, who has to issue the notices, and, when they must be issued. The description of each notice contains references to the relevant statute section and guidance documents, some of which contain model policies: Download this document at: http://www.ed.gov/programs/titleiparta/parentinvguid.doc Federal Educational Rights and Privacy Act Pursuant to the Federal Educational Rights and Privacy Act (FERPA), school districts must provide parents/guardians and adult students annual notice of their rights to inspect and review education records, amend education records, consent to disclosure of personally identifiable information in education records, and, file a complaint with the U.S. Department of Education. 34 C.F.R. ? 99.7. " Download the U.S. Department of Educations Model Notification of Rights Under FERPA for Elementary and Secondary Schools at: http://www.ed.gov/policy/gen/guid/fpco/pdf/ferparights.pdf Under FERPA, school districts may disclose directory data if they have given public notice to parents/guardians and adult students of what information has been designated as directory data and when and how parents/guardians and adult students may opt-out of allowing the district to disclose directory data. 34 C.F.R. ? 99.37. " Download the U.S. Department of Educations Model Notice for Directory Data at: http://www.ed.gov/policy/gen/guid/fpco/ferpa/mndirectoryinfo.html Protection of Pupil Rights Amendment The Protection of Pupil Rights Amendment (PPRA) requires school districts to adopt a number of policies regarding surveys, instructional materials, physical examinations, personal information used for marketing, etc. Parents must be notified of these policies at least annually at the beginning of the school year and within a reasonable time period after any substantial change is made to the policies. 20 U.S.C. ? 1232(h) (c)(2)(A). " Download the U.S. Department of Educations Model Notice of Rights Under the Protection of Pupil Rights Amendment at: http://www.ed.gov/policy/gen/guid/fpco/pdf/modelnotification.pdf If districts plan to: (1) use students personal information for selling or marketing purposes; (2) administer any survey about any of the eight topics listed in the statute (political beliefs, income, sex behavior or attitudes, etc.); or, (3) administer certain non-emergency, invasive physical examinations, districts must notify parents at least annually at the beginning of the school year of the specific or approximate dates when these activities are scheduled or expected to be scheduled. 20 U.S.C. ? 1232(h) (c)(2)(B). " Download the U.S. Department of Educations PPRA Model Notice and Consent/Opt-Out for Specific Activities at: http://www.ed.gov/policy/gen/guid/fpco/pdf/ppraconsent.pdf Child Nutrition Programs If school districts participate in the National School Lunch Program, the School Breakfast Program, or the Special Milk Program, near the beginning of the school year, they must provide both parents and the public information about free and reduced price meals and/or free milk. 7 C.F.R. ? 245.5. Districts must also provide parents an application form. If districts want to disclose childrens free and reduced eligibility status, they may do so in some instances usually only with prior notice and/or consent. 42 U.S.C. 1758(b)(C)(iii). " The U.S. Department of Agricultures document entitled Eligibility Guidance for School Meals Manual contains an explanation of the required notices and a sample notice and application form. The document also contains a chart describing to whom, and under what conditions, information regarding free and reduced eligibility status may be disclosed. Relevant notices appear in the appendices: http://www.fns.usda.gov/cnd/Guidance/eligibility_guidance.pdf The McKinney Vento Act requires homeless student liaisons to provide public notice of the education rights of homeless students disseminated in places where homeless students receive services under the Act. 42 U.S.C. ? 11432(g)(6). " The Asbestos Hazard Emergency Response Act The Asbestos Hazard Emergency Response Act requires school districts to inspect their buildings for asbestos-containing building materials and develop, maintain, and update an asbestos management plan. The school district must annually notify parents, teachers, and employee organizations in writing of the availability of the management plan and planned or in progress inspections, reinspections, response actions, and post-response actions, including periodic reinspection and surveillance activities. 40 C.F.R. ?? 763.84(c), 763.94(g)(4). ? The U.S. Environment Protection Agencys document entitled How to Manage Asbestos in Schools contains on page 60, a description of all the items which should be included in the annual notice: http://www.epa.gov/region2/ahera/e23.pdf Title IX Title IX requires each school district that receives federal funds to have a Title IX coordinator, to notify all students and employees of the name, office address, and telephone number of the designated coordinator, and to adopt and publish a grievance procedure to resolve student and employee complaints under Title IX. 34 C.F.R. ? 106.8. Title IX also requires each recipient to publish a notice that it does not discriminate on the basis of sex in admissions or employment, and any inquiries concerning the application of Title IX may be referred to the Title IX coordinator or the Office of Civil Rights. 34 C.F.R. ? 106.9(a). The notice of nondiscrimination must be displayed prominently in each announcement, bulletin, catalog, or application used to recruit students or employees. 34 C.F.R. ? 106.9(b)(1). ? On Individuals with Disabilities Education Act Under the Individuals with Disabilities Education Act (IDEA), school districts must give parents of a child with disabilities a copy of procedural safeguards one time a year. However, a copy of procedural safeguards must also be given to parents upon initial referral or parental request for an evaluation, upon filing a request for a due process hearing, and upon request of a parent. 20 U.S.C. ? 1415(d)(1). A school district may post a copy of the procedural safeguards on its website. 20 U.S.C. ? 1415(d)(1). The procedural safeguards notice must fully explain a number of procedural safeguards specified in the statute in the native language of the parents and be written in an easily understandable manner. 20 U.S.C. ? 1415(d)(2). ? Most states departments of education have sample notices of procedural safeguards on their website. For example, see the Michigan Department of Educations document on procedural safeguards: http://www.michigan.gov/documents/7-28-05ProceduralSafeguards_132282_7.pdf
Health Insurance Portability and Accountability Act The Health Insurance Portability and Accountability Act (HIPAA) requires covered entities to provide a notice of its privacy practices. The notice describes how the covered entity may use and disclose protected health information, the covered entities duties to protect privacy, information about the covered entities privacy practices, an individuals rights to complain about privacy violations to the U.S. Department of Health and Human Services, and contact information for complaints to the covered entity. 45 C.F.R. ? 164.520. When, how, and to whom notice must be given depends of the type of covered entity required to give notice. 45 C.F.R. ? 164.520. ? Page 11 of the U.S. Department of Health and Human Services Summary of the HIPAA Privacy Rule contains HIPAAs notice requirements: http://www.hhs.gov/ocr/privacysummary.pdf This document links to another summary exclusively about HIPAA notices entitled Notice of Privacy Practices for Protected Health Information: http://www.hhs.gov/ocr/hipaa/guidelines/notice.pdf
? 2006 National School Boards Association |
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