1 AGENDA 1. Call to Order 2. Welcome and Introductions of 2018-2019 Policy Committee Representatives Attachments: Policy Committee Representatives and 2018-2019 Meeting Dates 3. Election of Chair and Co-Chair Dr. Cowherd will facilitate the election of a Chair and Co-Chair 4. Approval of Minutes Attachment: May 8, 2018 Policy Committee Minutes 5. Update re: Summer 2018 Policy Developments Attachments: BBFA Section Number Title Information B School Board Governance and Operations BBFA Board Member Conflict of Interest and Financial Disclosure The Board adopts BBFA annually. The Board of Education adopted Policy BBFA at its 8/9/2018 Board Meeting. (No changes to Policy BBFA). 6. Action Items – (Approve Individually) Attachments: Policies for Review Section Number Title Recommendation A Foundations and Basic Commitments ADF District Wellness Program Amend current Policy ADF to incorporate recommended revisions from General Counsel. D Fiscal Management DC Taxing and Borrowing Authority and Limitations Amend current Policy DC to incorporate recommended revisions from MSBA. I Instructional Program IGAB Instructional Interventions Adopt new Policy IGAB as recommended by MSBA, with additional revisions from General Counsel. I Instructional Program IGB Accommodation of Students with Disabilities Adopt new Policy IGB as recommended by MSBA. I Instructional Program IGBA Special Education Amend current Policy IGBA to incorporate recommended revisions from MSBA. OCTOBER 9, 2018 2018-2019 POLICY COMMITTEE 4:15 P.M. – ROOM 230 DISTRICT OFFICE 7703 NW BARRY ROAD KANSAS CITY, MO 64153
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AGENDA 1. Call to Order
2. Welcome and Introductions of 2018-2019 Policy Committee Representatives Attachments: Policy Committee Representatives and 2018-2019 Meeting Dates
3. Election of Chair and Co-Chair Dr. Cowherd will facilitate the election of a Chair and Co-Chair
4. Approval of Minutes Attachment: May 8, 2018 Policy Committee Minutes
The Policy Committee will meet monthly from October 2018 through May 2019. Meeting dates are scheduled as follows:
• October 9, 2018 (Tuesday) • November 12, 2018 (Monday) • December 11, 2018 (Tuesday) • January 8, 2019 (Tuesday) • February 12, 2019 (Tuesday) • March 12, 2019 (Tuesday) • April 9, 2019 (Tuesday) • May 14, 2019 (Tuesday)
If there is a snow day, the meeting will be cancelled.
The 2017-2018 Park Hill Policy Committee held its May 8, 2018 Meeting at 4:15 p.m. in Room 230 at the District Office, 7703 NW Barry Rd., Kansas City, MO 64153. Meeting Opening The meeting was called to order at 4:15 p.m. by Committee Co-Chair, Christy Pittman. Attendance – Committee Members Name Present Absent
Austin, Stacey X
Conklin, Danielle X
Cowherd, Jeanette X
Culver, Janet X
DeDonder, Missy X
Dickson, Mary X
East, Courtney X
Fischer, Shelly X
Graves, Robin X
Gross, Jennifer X
Kahler, Jeremie X
Keating, Vicky X
Kershaw, Alicia X
Leive, Staci X
Lundien, Rob X
Marsh, Scott X
McClung, Sue X
Nickolaison, Gwen X
Pappert, Heather X
Pittman, Christy X
Reiter, Gina X
Schumacher, Marcy X
Toigo, Chris X
Tott, Glenn X
Unsell, Tyler X
Attendance – Others/Guests Name Title
Colvin, Josh Director of Student Services
Fulghum, Clay General Counsel
Hibbs, Opal Board Secretary
Hubbard, Marisol Administrative Assistant to General Counsel
Kelly, Paul Assistant Superintendent for Business & Technology
Kimbrel, Mike Executive Director for Quality & Evaluation
Klein, Jeff Assistant Superintendent for Academic Services
Owens, Jill President PHNEA
Redinger, Bill Assistant Superintendent for Human Resources
Saunders, Sharon Administrative Assistant, Building & Grounds
Saylor, Tammy Coordinator, Health Services
Approval of Minutes Motion by Glenn Tott, second by Janet Culver to approve the April 10, 2018 Policy Committee Minutes, as presented. All approved, motion carried. Action Items (Approve Individually) DFA (current) Revenues from Investments/Use of Surplus Funds Motion by Jeremie Kahler, second by Sue McClung to take to the Board of Education current policy DFA with a recommendation to amend current policy DFA to incorporate recommended updates from MSBA, with additional revisions from General Counsel. All approved, motion carried.
DGA (current) Authorized Signatures Motion by Vicky Keating, second by Scott Marsh to take to the Board of Education current policy DGA with a recommendation to amend current policy DGA to incorporate recommended updates from General Counsel. All approved, motion carried. DJF (current) Purchasing Motion by Scott Marsh, second by Janet Culver to take to the Board of Education current policy DJF with a recommendation to amend current policy DJF to incorporate recommended updates from General Counsel. All approved, motion carried. JHCD (current) Administration of Medications to Students Motion by Chris Toigo, second by Vicky Keating to take to the Board of Education current policy JHCD with a recommendation to amend current policy JHCD to incorporate recommended updates from General Counsel. All approved, motion carried. Regulations and Forms (For Information Only) The following Regulations and Forms were presented to the Policy Committee as informational items only. No discussion or action was required. These items will go to the Board of Education as informational items only at their May 24, 2018 Regular meeting.
Section Number Title Notes
D
Fiscal Management DJF-R
Purchasing
Regulations
For Information Only: Amend
current Regulation DJF-R to incorporate recommended updates
current Regulation KG-R to incorporate recommended updates
from General Counsel, and
reclassify as Administrative
Procedure KG-AP1.
Adjournment Motion by Sue McClung, second by Scott Marsh to adjourn. All approved, motion carried. Meeting adjourned at 4:30 p.m. ______________________________________ _____________________________________
Section: School Board Governance and Operations Title: Board Member Conflict of Interest and Financial Disclosure Policy: BBFA – Critical Legal: Mo. Const. Art. VII, Section 6 Sections 105.450 - .458, .461 - .462, .466 - .467, .472, .476 - .492, 162.261, .391, 168.126, 171.181, RSMo. State v. Rhoads, 399 S. W.3d 905 (Mo. App. W.D. 2013)
Adopted: August 9, 2018
All directors of the Park Hill School District Board of Education shall adhere to applicable laws regarding conflict of interest and avoid situations where their decisions or actions in their capacity as Board members conflict with the mission of the district, as well as to avoid the appearance of a conflict of interest, even if such conduct may not exist. Purchases Involving Federal Funds In addition to the requirements of this policy, Board members must follow the provisions of policy DJFA and related procedures and are also subject to the conflict of interest provisions of federal law. Definitions Business with Which a Board Member Is Associated – For the purposes of this policy: 1. A sole proprietorship owned by the Board member, his or her spouse or any
dependent children in the Board member's custody; 2. A partnership or joint venture in which the Board member or his or her spouse
is a partner, other than as a limited partner of a limited partnership, and any corporation or limited partnership in which the Board member is an officer or director or of which the Board member or his or her spouse or dependent children in the Board member's custody, whether singularly or collectively, own more than ten percent of the outstanding shares of any class of stock or partnership units; or
3. Any trust in which the Board member is the trustee or settlor or in which the
Board member or his or her spouse or dependent children in his or her custody, whether singularly or collectively, are beneficiaries or holders of a reversionary interest of ten percent or more of the corpus of the trust.
Fourth Degree of Consanguinity or Affinity – Includes parents, grandparents, great-grandparents, great-great-grandparents, spouse, children, siblings, grandchildren, great-grandchildren, great-great-grandchildren, nieces, nephews,
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grand-nieces, grand-nephews, aunts, uncles, great-aunts, great-uncles, and first cousins by virtue of a blood relationship or marriage. Special Monetary Benefit – Being materially affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. Substantial Interest – A substantial interest exists when the Board member or his or her spouse or dependent children in his or her custody, either singularly or collectively, directly or indirectly: 1. Own(s) ten percent or more of any business entity; or 2. Own(s) an interest having a value of $10,000 or more in any business entity; or 3. Receive(s) a salary, gratuity or other compensation or remuneration of $5,000 or
more from any individual, partnership, organization or association within any calendar year.
Sale, Rental or Lease of Personal Property (Property Other Than Real Estate) No elected or appointed official of the district shall sell, rent or lease any personal property to the school district for consideration in excess of five hundred dollars' value per transaction or five thousand dollars' value per year to him or her, to his or her spouse, to a dependent child in his or her custody or to any business with which he or she is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received. Sale, Rental or Lease of Real Property (Real Estate) No elected or appointed official of the district shall perform a service or sell, rent or lease any real property to the school district for consideration in excess of five hundred dollars' value per transaction or five thousand dollars' value per year to him or her, to his or her spouse, to a dependent child in his or her custody or to any business with which he or she is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice. Employment The district shall not employ Board members for compensation even on a substitute or part-time basis. The district will not accept applications of employment from Board members, consider Board members for employment or decide to employ Board members while they remain on the School Board. Board members may provide services on a volunteer basis.
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Independent Contractor Services No elected or appointed official of the district shall perform service as an independent contractor for consideration in excess of five hundred dollars' value per transaction or five thousand dollars' value per year to him or her, to his or her spouse, to a dependent child in his or her custody or to any business with which he or she is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received. Businesses That Employ Board Members A Board member may participate in discussions and vote on motions for the district to do business with entities that employ the Board member as long as the business is not
owned by the Board member and the Board member will not receive any financial benefit from the transaction. The Board member may need to submit a statement of interest as described below. Statement of Interest Before voting, Board members who have a substantial personal or private interest in a decision before the Board shall provide a written report of the nature of the interest to the Board secretary. The written statement will be recorded in the minutes. Board members who have disclosed the interest in a financial interest statement filed or amended prior to the vote will be in compliance with this requirement. Self-Dealing 1. Board members may not act or refrain from acting by reason of any payment,
offer to pay, promise to pay or receipt of anything of actual pecuniary value, whether received or not, to themselves or any third person. This includes a gift or campaign contribution made or received in relationship to or as a condition of the performance of an official act.
2. Board members shall not favorably act on any matter that is specifically designed
to provide a special monetary benefit to them, their spouses or dependent children in their custody.
3. Board members will not use their decision-making authority for the purpose of
obtaining a financial gain that materially enriches them, their spouses or dependent children in their custody by acting or refraining from acting for the purpose of coercing or extorting anything of actual pecuniary value.
4. Board members shall not offer, promote or advocate for a political appointment
in exchange for anything of value to any political subdivision. 5. Board members will not accept gifts with a value in excess of $100 from a vendor
who does or is attempting to do business with the district.
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6. A Board member will not attempt to directly or indirectly influence or vote on a decision when the Board member knows the result of the decision may be the acceptance by the district of a service or the sale, rental or lease of property to the district and the Board member, his or her spouse, dependent children in his or her custody or any business with which the Board member is associated will benefit financially. If such a transaction is presented to the Board, the Board member will abstain and leave the room during any deliberation.
Use of Confidential Information Board members shall not use or disclose confidential information obtained in the course of or by reason of their official capacities in any manner with intent to result in financial gain for themselves, their spouses, dependent children in their custody, any business with which the Board member is associated or any other person.
Even when there is no financial gain involved, failure to keep information confidential violates Board ethics and Board policy and could also violate state and federal law. Nepotism Board members shall not vote to employ or appoint any person who is related to them within the fourth degree by consanguinity or affinity. In the event that an individual is recommended for employment or appointment and the individual is related within the fourth degree to a Board member, the related Board member shall abstain from voting and shall leave the room during consideration of the question and the vote, unless the motion is part of a consent agenda and there is no discussion, in which case, the member need not leave the room but will refrain from voting. For the purposes of this section, to "employ" includes hiring persons to be employees of the district and approving independent contractors who provide services to the district. Financial Interest Statements The Park Hill School District Board of Education hereby adopts a policy establishing and making public its own method of disclosing financial interests of Board members, candidates and specified administrators, in accordance with applicable law. Financial interest statements (also known as personal financial disclosure statements) as described below shall be filed with the Missouri Ethics Commission (MEC) and the Park Hill School District Board of Education on or before May 1 for the preceding calendar year, unless the person filing is a Board candidate. Candidates must file their reports within 14 days after the last day to file for office. The reports will be made available for public inspection and copying during normal business hours. This portion of the policy dealing with the financial interest statement will be adopted in an open meeting at least every other year by September 15. A certified copy of this policy shall be sent to the MEC within ten days of adoption.
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Board Member Disclosure All School Board members and candidates for School Board will file the short-form version of the MEC's financial interest statement each year. This form is also known as the "Financial Disclosure Statement for Political Subdivisions." School Board members and candidates will report the following transactions if they occurred during the previous calendar year. If no such transactions occurred, the Board member or candidate will still file, but will mark the items as not applicable. 1. Each transaction in excess of $500 per year between the district and the
individual or any person related within the first degree by consanguinity or affinity to the individual. The statement does not need to include compensation received as an employee or payment of any tax, fee or penalty due the district and other transfers for no consideration to the district. The statement shall include
the dates and identities of the parties in the transaction.
"First degree of consanguinity or affinity" includes parents, spouse or children by virtue of a blood relationship or marriage.
2. Each transaction in excess of $500 between the district and any business entity
in which the individual has a substantial interest. The statement does not need to include any payment of tax, fee or penalty due the district or payment for providing utility service to the district and other transfers for no consideration to the district. The statement shall include the dates and identities of the parties in the transactions.
Superintendent, Chief Purchasing Officer and General Counsel Disclosure The superintendent, chief purchasing officer and general counsel, if employed full-time, will file the short-form version of the MEC's financial interest statement each year. This form is also known as the "Financial Disclosure Statement for Political Subdivisions." These employees will report the following transactions if they occurred during the previous calendar year. If no such transactions occurred, these employees will still file, but will mark the items as not applicable. These employees will disclose in writing the information required in 1) and 2) above. In addition, these employees will disclose the following information for themselves, their spouses and dependent children in their custody: 1. The name and address of each employer from whom income of $1,000 or more
was received during the year covered by the statement. 2. The name and address of each sole proprietorship the individual owned. 3. The name, address and general nature of business conducted by each general
partnership or joint venture in which he or she was a partner or participant. 4. The name and address of each partner or coparticipant in the partnership or joint
venture unless the information is already filed with the secretary of state.
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5. The name, address and general nature of business of any closely held corporation
or limited partnership in which the individual owned ten percent or more of any class of the outstanding stock or limited partners' units.
6. The name of any publicly traded corporation or limited partnership that is listed
on a regulated stock exchange or automated quotation system in which the individual owned two percent or more of any class of outstanding stock, limited partnership units or other equity interests.
7. The names and addresses of each corporation for which the individual served in
the capacity of director, officer or receiver.
Park Hill School District, Platte County, MO
Action Items
ACTION: Below are recommended revisions to Policy ADF from General Counsel. These
revisions would adjust the standards that apply to food provided, but not sold, to
students during the school day to align with current district practice.
Recommendation: Amend current Policy ADF to incorporate recommended revisions
from General Counsel.
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Section: Foundations and Basic Commitments Title: District Wellness Program Number: ADF Legal Refs: Sections 167.720, 610.010 - .030, RSMo.
The Richard B. Russell National School Lunch Act, 42 U.S.C. Sections 1751 - 1760
National School Lunch Program, 7 C.F.R. Part 210 Adopted: November 21, 2013 Revised: November 9, 2017 The Park Hill Board of Education recognizes the relationship between student well-being
and student achievement as well as the importance of a comprehensive district wellness
program. Therefore, the district will provide developmentally appropriate and sequential
nutrition and physical education as well as opportunities for physical activity. The
wellness program will be implemented in a multidisciplinary fashion and will be
evidence based.
Wellness Committee
The district will establish a wellness committee that consists of at least one parent,
student, nurse or other school health professional, physical education teacher, school
food service representative, Board member, school administrator, member of the public,
and other community members as appropriate. If available, a qualified, credentialed
nutrition professional will be a member of the wellness committee.
Committee meeting dates and agendas will be posted on the district's website in advance
of each meeting and advertised in a manner designed to reach students, staff and
members of the community. Students, staff and members of the community are
encouraged to attend committee meetings and provide input on the district's wellness
program. Meetings, records and votes of the wellness committee will adhere to the
requirements of the Missouri Sunshine Law.
Wellness Program Coordinators
ACTION: Below are recommended revisions to Policy ADF from General Counsel. These
revisions would adjust the standards that apply to food provided, but not sold, to
students during the school day to align with current district practice.
Recommendation: Amend current Policy ADF to incorporate recommended revisions
from General Counsel.
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The Board designates the following individuals as wellness program coordinators: the
Director of Student Services, the Director of Food Service Operations, and the Health
Enhancement Coordinator, or their designees. Only employees of the district who are
members of the wellness committee may serve as wellness program coordinators.
Wellness coordinators, in consultation with the wellness committee, will monitor the
implementation and evaluation of this policy.
Wellness program coordinators are responsible for ensuring that all schools in the
district are in compliance with this policy.
Nutrition Guidelines
The nutrition guidelines outlined in this section do not apply to food or beverages
brought from home by students for consumption solely by the student or food or
beverages created or used by students as part of the district's instructional program.
It is the policy of the Park Hill School District that all foods and beverages sold to
students during the school day on any property under the jurisdiction of the district will
meet the U.S. Department of Agriculture (USDA) school meal and Smart Snacks in
School (Smart Snacks) nutrition standards. These nutrition standards apply to all food
and beverages sold to students, including those sold in vending machines, school stores
and through district-sponsored fundraisers, unless an exemption applies. In addition,
the Smart Snacks standards apply to all For food and beverages provided, but not sold,
to students outside the reimbursable school meals program during the school day, the
Smart Snacks standards do not apply, but the district will provide a list of healthy
options. For the purposes of this policy, the school day is the time period from the
midnight before to 30 minutes after the official school day.
Nutrition Promotion and Education
The district will provide nutrition education aligned with the Missouri Learning
Standards and Grade-Level Expectations (GLEs) in health and physical education in all
grades. In addition, the district will disseminate nutrition messages and other nutrition-
related materials received from the USDA to students, staff and the community through
a variety of media and methods. The wellness program coordinators, in consultation
with the wellness committee, will develop procedures that support nutrition education
and promotion.
Physical Activity and Education
The district will provide physical education and opportunities for physical activity
aligned with the Missouri Learning Standards and GLEs in health and physical
ACTION: Below are recommended revisions to Policy ADF from General Counsel. These
revisions would adjust the standards that apply to food provided, but not sold, to
students during the school day to align with current district practice.
Recommendation: Amend current Policy ADF to incorporate recommended revisions
from General Counsel.
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education in all grades. The wellness program coordinators, in consultation with the
wellness committee, will develop procedures that support physical education and
physical activity.
Other School-Based Activities
The wellness program coordinators, in consultation with the wellness committee, are
charged with developing procedures addressing other school-based activities to promote
wellness.
Assessment
The local wellness program will be assessed at least once every three years. The
assessment will measure the district's level of compliance with implementing the local
wellness program, including compliance levels in each of the district's schools; the
extent to which the district's policy compares to model wellness policies; and a
description of the progress made in attaining the goals of the program. Wellness
program coordinators will report the results of assessments to the Board, and the
results of each assessment will be made available to the public on the district's website
and by other appropriate means. The wellness program coordinators will make
recommendations for modifications to the wellness policy in accordance with these
assessments, and the Board will revise the wellness policy as it deems necessary based
on these recommendations. Administrative procedures will be revised accordingly.
Records
The wellness program coordinators will maintain records necessary to document compliance with law, including a copy of the policy; documentation of community involvement, including sign-in sheets or other documentation of the names of those who provided input to the committee; documentation of triennial assessments; and documentation that assessment findings were shared with the public. Park Hill School District, Platte County, MO
ACTION: Below are recommended revisions to Policy DC from MSBA. These revisions
are based on recent changes to a Missouri statute.
Recommendation: Amend current Policy DC to incorporate recommended revisions
from MSBA.
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Section: Fiscal Management Title: Taxing and Borrowing Authority/Limitations Number: DC Legal Refs: Mo. Const., art. VI, Section 26(b)
Adopted: January 8, 2004 Revised: _________________ The Park Hill Board of Education is responsible for levying ad valorem property taxes as necessary to operate the Park Hill School District in a manner that promotes achievement for all students. Taxes will be levied in accordance with applicable law. Increasing Taxing Authority The Board is authorized to set an operating tax rate of $2.75. The Board will seek voter approval to increase the tax rate ceiling, in accordance with law and as necessary to better serve the students of the district. The district may also seek voter approval to forgo all or part of the reduction of the operating levy due to Proposition C sales tax receipts, as allowed by law. The Board may also seek voter approval to increase the bonded indebtedness of the district in accordance with law and as necessary to provide an appropriate learning environment for district students. The Board of Education has a bonded indebtedness limit of 15 percent of the value of taxable tangible property as shown by the last completed assessment for state and county purposes. Tax Rate Hearing Notice
The Park Hill School District will annually set the tax rate after first notifying the public and conducting at least one (1) public hearing. Notice of the hearing will be given by publication in a newspaper of general circulation or by posting such notice in at least three (3) public places within the district, in accordance with law. A "public place" as used in this policy is a place regularly open for public use, a place that would be likely to attract attention so that the content of the notice becomes widely known or a place with a likelihood that the notice will be seen by the public. The district will publish or
ACTION: Below are recommended revisions to Policy DC from MSBA. These revisions
are based on recent changes to a Missouri statute.
Recommendation: Amend current Policy DC to incorporate recommended revisions
from MSBA.
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post the notice at least seven (7) days prior to the hearing, and the notice will include the: 1. Date, time and place of the hearing. 2. Assessed valuation by category of real, personal and other tangible property in
the district for the fiscal year for which the tax is to be levied and the preceding tax year.
3. Amount of revenue required to be provided from the property tax as set forth in
the adopted annual budget for each rate levied. 4. Tax rates proposed to be set for the various purposes of taxation. 5. Increase in tax revenue due to an increase in assessed value as a result of new
construction and improvement. 6. Increase, both in dollar value and percentage, in tax revenue as a result of
reassessment if the proposed tax rate is adopted. Tax Rate Hearing The Superintendent will provide the Board the same information included in the tax rate hearing notice prior to the tax rate hearing. The tax rate hearing will include an opportunity for citizens to speak before the Board. The Board will set the tax rate after the hearing. The tax rate will be calculated to produce substantially the same revenues as required in the annual budget. The Board will have sole authority in determining what part of the total authorized rate shall be used to provide revenue for each of the funds. Before setting the rates for the teachers' and incidental funds, the Board will set the rate for the capital projects fund as necessary to meet the district's obligations. Submitting the Tax Rate Upon receiving notice from the clerk or other official of the county or counties in which the district is located, the district shall submit, to the County Clerk, a nonbinding projected tax levy by April 8.
The Board shall forward a tax rate to the county clerk of every county in which the district is located on or before September 1 of each year. If the rate is less than one (1) dollar, the rate will be calculated to the nearest one-tenth of a cent, and the district will round up a fraction greater than or equal to five/one-hundredths of a cent to the next higher one-tenth of a cent. If the rate is in excess of one (1) dollar, the estimate will be calculated to one/one-hundredths of a cent, and the district will round up a fraction
ACTION: Below are recommended revisions to Policy DC from MSBA. These revisions
are based on recent changes to a Missouri statute.
Recommendation: Amend current Policy DC to incorporate recommended revisions
from MSBA.
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greater than or equal to five/one-thousandths of one (1) cent to the next higher one/one-hundredth of a cent. Legal Compliance If the district receives from the county clerk the state auditor's finding that the proposed rate does not comply with Missouri law, the Board will have 15 days from the date of receipt of the finding to accept or reject in writing the rate change certified by the state auditor and to submit all requested information to the state auditor. A copy of the Board's acceptance or rejection and any information submitted to the state auditor shall
also be mailed to the county clerk. Borrowing Authority The Board may borrow money in anticipation of collection of taxes for the purpose of securing funds for school operations, including the debt service fund. Issuance of all tax and revenue anticipation notes requires approval of the majority of the members of the Board. The notes may be issued at any time in any year, and the aggregate outstanding principal amount of the notes issued in one (1) year for any fund shall not exceed the amount of the Board's estimate of the year's requirement for the fund. The notes shall be payable within 12 months from date of issuance. Bonded Indebtedness The Board may authorize the sale of bonds by adoption of a resolution. Bonds will be
issued in accordance with law and compliance procedures implemented by the district.
The Board may borrow money and issue bonds for the purposes authorized by law, including but not limited to purchasing land and facility development or improvement pursuant to § 164.121, RSMo. Funds raised through the sale of bonds may be used only for the purposes set forth in the election that authorized the sale of bonds. The following points of state law shall govern the Board's issuance of bonds: 1. A four-sevenths vote is required before the issuance of bonds if the issue is
submitted at a municipal election or at the general or primary election held in
even-numbered years. At all other elections, a two-thirds vote is required. 2. The Board of Education has a limit of bonded indebtedness of 15 percent of the
value of taxable tangible property as shown by the last completed assessment for state and county purposes.
3. Bonds shall be issued in denominations of $1,000 or in any multiples of $1,000.
ACTION: Below are recommended revisions to Policy DC from MSBA. These revisions
are based on recent changes to a Missouri statute.
Recommendation: Amend current Policy DC to incorporate recommended revisions
from MSBA.
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4. The bonds, in whole or in part, shall not run more than 20 years from the date they were issued.
5. The revenues from taxes levied for the purpose of satisfying bonded indebtedness
obligations, both principal and interest, shall be recorded in the debt service fund.
6. General obligation bonds shall be issued using a competitive process unless a
municipal adviser is used or the law otherwise allows a negotiated process.
Compliance
The district is committed to full compliance with the state and federal laws associated
with issuing bonds, including the continuing disclosure requirements. The
superintendent or designee is directed to create, maintain and implement procedures to
ensure that the district meets all state and federal legal requirements and makes timely
disclosures in accordance with law.
Park Hill School District, Platte County, MO
ACTION: Below is MSBA’s recommended new Policy IGAB. MSBA recommends creation
of a separate policy to address instructional interventions, including screening for
dyslexia as required by a new Missouri statute. General Counsel recommends removal
of MSBA’s language regarding remediation (highlighted), which is already addressed in
Policy IKE.
Recommendation: Adopt new Policy IGAB as recommended by MSBA, with additional
Family Ed. Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g
Individuals with Disabilities Ed. Act, 20 U.S.C. Sections 1400-1417 The Rehabilitation Act of 1973, Section 504, 29 U.S.C. Section 794 Americans with Disabilities Act, 42 U.S.C. Sections 12101-12213, Sections 5 - 7 34 C.F.R. Part 104
Adopted: The Park Hill School District is strongly committed to creating an environment that promotes high achievement for all students. The Board directs classroom teachers to employ a variety of evidence-based instructional interventions at the classroom level to assist students who may be at risk of falling below grade-level expectations. In addition, the Board requires districtwide compliance with the instructional interventions detailed in this policy, as required by law. Reading Improvement Instruction Reading Intervention Plans for Students in Grades K-3 Students enrolling in or currently attending grades K-3 who are reading below grade level or otherwise failing to meet the district's objectives will be provided a reading intervention plan that includes reading improvement instruction designed to assist the student to read at grade level by third grade. All students enrolling who are identified as reading below grade level will receive an individual plan of reading intervention. The plan may include individual and group activities, and the parents/guardians may be consulted. Hours of reading improvement instruction that fall outside normal school
hours may be counted in the calculation of average daily attendance for state aid. Reading Improvement Plans for Students in Grades 3-6 The district will administer reading assessments and implement reading improvement plans for students in grades three through six in accordance with law. Reading improvement plans will include at least 30 hours of additional reading instruction or practice outside the regular school day.
ACTION: Below is MSBA’s recommended new Policy IGAB. MSBA recommends creation
of a separate policy to address instructional interventions, including screening for
dyslexia as required by a new Missouri statute. General Counsel recommends removal
of MSBA’s language regarding remediation (highlighted), which is already addressed in
Policy IKE.
Recommendation: Adopt new Policy IGAB as recommended by MSBA, with additional
revisions from General Counsel.
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The district shall establish a summer school program for reading instruction with a minimum of 40 hours of reading instruction and practice for all students with a reading improvement plan in grades three through six. Dyslexia and Related Disorders
In accordance with law, the district will screen students for dyslexia and related disorders and provide the appropriate classroom support in accordance with guidelines developed by the Department of Elementary and Secondary Education (DESE). Screening results will be provided to the student's parents/guardians and district employees who have a legitimate educational interest. A screening that indicates the possibility of dyslexia or a related disorder is not a diagnosis and is not sufficient to determine whether the student has a disability, as defined in law, that requires accommodation or special education. However, the district may use the information to provide additional classroom support and collect additional data to determine whether the student may need to be evaluated for special education or other accommodations in the future. The district will annually offer all teachers a minimum of two hours of in-service training on dyslexia and related disorders. Remediation as a Condition of Promotion Students identified by the district as failing to master grade-level skills and competencies must remediate those skills and competencies before they are promoted to the next grade level. The superintendent or designee shall determine which skills and competencies must be mastered, how they are to be assessed and what remediation is appropriate. The district may operate remediation programs outside the regular school day, including summer school. Such remediation shall recognize that different students learn differently and shall employ methods designed to help these students achieve at high levels. The district will pursue all available state or federal aid for such
programs. Park Hill School District, Platte County, MO
ACTION: Below is MSBA’s recommended new Policy IGB. MSBA recommends creation
of a separate policy to address accommodation of students under Section 504 and the
ADA, which was previously addressed in Policy IGBA.
Recommendation: Adopt new Policy IGB as recommended by MSBA.
---------- Section: Instruction Title: Accommodation of Students with Disabilities Number: IGB - Critical Legal Refs: The Rehabilitation Act of 1973, Section 504, 29 U.S.C. Section 794
34 C.F.R. Part 104 Americans with Disabilities Act, 42 U.S.C. Sections 12101 - 12213 Adopted: No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any district program, including nonacademic services and extracurricular activities. The district seeks to identify and evaluate students who may have disabilities as defined by Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA). The district will provide students with disabilities a free and appropriate public education as required by law. The superintendent or designee is directed to create procedures to assist the district in properly identifying, evaluating and serving students with disabilities who need accommodation to participate in the district's educational programs. Section 504 and ADA Compliance Officer The district designates the compliance officer listed in policy AC as the district's Section 504 and ADA compliance officer. All complaints or concerns regarding illegal discrimination must be brought to the attention of the compliance officer. Notice and Child Find District publications will include notification to students and the public that the district does not discriminate on the basis of disability in admission or access to, or treatment in, its programs or activities. The notice will provide district contact information for members of the public to notify the district if they know or believe that a child may have a disability. Grievance Procedure All complaints alleging discrimination, violation of law or failure to follow district policies or procedures regarding the education or accommodation of students with disabilities will be made to the compliance officer and will be investigated immediately. The district will use the grievance procedure outlined in policy AC. Complaints may be made at any time to the U.S. Department of Education, Office for Civil Rights. Park Hill School District, Platte County, MO
ACTION: Below are recommended revisions to MSBA’s Policy IGBA. MSBA recommends revising this policy so that it addresses only special education students covered by the IDEA (removing language addressing students covered by Section 504 or the ADA, which will now be addressed in Policy IGB). MSBA also updated language for clarity and compliance with recent state-level changes. Recommendation: Amend current Policy IGBA to incorporate recommended revisions from MSBA. ----------
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Section: Instruction Title: Programs for Students with DisabilitiesSpecial Education Number: IGBA - Critical Legal Refs: Sections 161.850, 162.670-.999, RSMo.
Missouri State Plan for Special Education
Individuals with Disabilities Education Act, 20 U.S.C. Sections 1400-1417 34 C.F.R. Part 300 The Rehabilitation Act of 1973, Section 504, 29 U.S.C. Section 794 34 C.F.R. Part 104 Americans with Disabilities Act, 42 U.S.C. Sections 12101-12213
Yaris v. Special Sch. Dist., 728 F.2d 1055 (8th Cir. 1984) Adopted: October 27, 1975 Revised: _________________ It is the policy of the The Park Hill Board of Education willto provide a free and appropriate public education (FAPE) for students with disabilities, including those who are in need of special education and related services in accordance with the Individuals with Disabilities Education Act (IDEA), the Missouri State Plan for Special Education (State Plan), the district's local compliance plan, and applicable state and federal laws. General Child Find The district has an obligation to locate, identify and evaluate children in the district between the ages of 3 and 21 who may need special education and related services, including children who are wards of the state, are homeless or attend private schools located within the boundaries of the school district. Any individual who knows or believes that a student has a disability and is in need of accommodation or special education should contact the school’sschool's principal or district administrationthe district's special education director immediately.
All complaints regarding discrimination will be resolved in accordance with policy AC. Anyone who has a complaint or suspects discrimination should contact the compliance officer identified in policy AC. The district will notify all parents/guardians and students of its obligations under this policy and the law. The district will also utilize public media and other postings to notify the public of the district’s legal obligations as required by law.
ACTION: Below are recommended revisions to MSBA’s Policy IGBA. MSBA recommends revising this policy so that it addresses only special education students covered by the IDEA (removing language addressing students covered by Section 504 or the ADA, which will now be addressed in Policy IGB). MSBA also updated language for clarity and compliance with recent state-level changes. Recommendation: Amend current Policy IGBA to incorporate recommended revisions from MSBA. ----------
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Evaluation and Identification The special education director will arrange for district students and children who are not enrolled in the district but who may need special education services to be evaluated to determine their eligibility for special education services in accordance with the law and state and local plans. Specific Learning Disabilities
The Board authorizes the special education director to use a discrepancy model, including the use of professional judgment or a response to intervention (RTI) model, for identifying students with specific learning disabilities (SLD). Children Three to Five Years of Age When identifying children three to five years of age who qualify for special education but are not yet eligible for kindergarten, the district will use any of the disability categories, including that of Young Child with a Developmental Delay (YCDD). When a child so identified reaches kindergarten age, his or her eligibility will continue to be determined using any of the disability categories, including that of YCDD. A child who is not identified as eligible for special education services prior to reaching kindergarten age will be identified using disability categories excluding that of YCDD. Independent Evaluations If a student is evaluated for special education services and the parents/guardians disagree with the evaluation, the parents/guardians may obtain an independent educational evaluation (IEE) at the district's expense, as allowed by the IDEA. Applicable procedures, evaluator criteria, and location and cost limitations governing the IEE process are available through the district's special education director. The Board delegates to the superintendent or designee the authority to make changes to these procedures, evaluator criteria and cost guidelines. These items will adhere to rules published in the Missouri State Plan and the local plan for compliance with the law. Students Eligible for Special Education Services under the IDEA
The district's programs and services available to meet the needs of students with disabilities will be in accordance with applicable federal and state laws governing special education services, including the State and Local Plans for the implementation of Part B of the IDEA. However, if the State of Missouri does not receive or accept federal IDEA Part B funds, nothing in this policy shall be read to require anything, procedurally or substantively, that is not required by the governing law.
ACTION: Below are recommended revisions to MSBA’s Policy IGBA. MSBA recommends revising this policy so that it addresses only special education students covered by the IDEA (removing language addressing students covered by Section 504 or the ADA, which will now be addressed in Policy IGB). MSBA also updated language for clarity and compliance with recent state-level changes. Recommendation: Amend current Policy IGBA to incorporate recommended revisions from MSBA. ----------
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Students Placed in Private Schools by Their Parents/Guardians For the purpose of this policy, a "private school" is defined to include home schools and religious/parochial schools. In general, the Park Hill School District has no obligation to provide a free, appropriate public education (FAPE) or special education and related services to any individual student enrolled in a private school by his or her parents/guardians. The district will expend a proportionate amount of its IDEA Part B funds on the group of privately placed
students as a whole, as required by law. The district will work with private schools located within its boundaries to identify and evaluate students attending the private schools who may be eligible for special education services. When a student is determined eligible, the district will offer to enroll the student and provide the student special education and related services in the district. Parents/Guardians of a student previously enrolled in the district who choose to unilaterally place the student in a private school without district consent due to a dispute regarding FAPE will not be reimbursed for tuition costs except as required by law. Evaluation and Identification
The special education director will develop and implement procedures governing the evaluation of students to determine their eligibility for special education services in accordance with the law and state and local plans. Further, the Board authorizes the special education director to use a discrepancy model, including the use of professional judgment or a response to intervention (RTI) model, for identifying students with specific learning disabilities (SLD). Independent Evaluations An Independent Educational Evaluation (IEE) will be provided as required by the IDEA. Applicable procedures, evaluator criteria and cost guidelines governing the IEE process are available through the district's special services office. The Board delegates the authority to make changes to these procedures, evaluator criteria and cost guidelines
to the superintendent or designee. These items will adhere to rules published in the State and Local Plans for Compliance with Part B of the IDEA. Extended School Year Extended school year (ESY) services may be necessary to provide a child with a disability a free and appropriate public educationFAPE pursuant to law. The individualized education program (IEP) team will consider ESY services for all special education
ACTION: Below are recommended revisions to MSBA’s Policy IGBA. MSBA recommends revising this policy so that it addresses only special education students covered by the IDEA (removing language addressing students covered by Section 504 or the ADA, which will now be addressed in Policy IGB). MSBA also updated language for clarity and compliance with recent state-level changes. Recommendation: Amend current Policy IGBA to incorporate recommended revisions from MSBA. ----------
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students eligible for services under the IDEA, but ESY services will only be provided if the student is found eligible in accordance with this policy. A student will be eligible for ESY services if, based on the available data, the student needs services beyond the regular school day/ or term to avoid regression that will interfere with the student's ability to continue to progress in the curriculum. This determination will be based on consideration of the following: 1. The nature and severity of the student's disability.
2. The areas of learning crucial to the child's attainment of self-sufficiency and
independence. 3. The student's progress. 4. The student's behavioral and physical needs. 5. Opportunities the student will have to practice skills outside of the formal
classroom setting without ESY services. 6. Availability of alternative resources. 7. Areas of the student's curriculum that need continuous attention. 8. Ability of the student's parents/guardians to provide educational structure. 9. Particular curricular or vocational needs of the student. 10. Opportunity for the student to interact with nondisabled children. The length, nature and type of ESY services will be determined by the IEP team and addressed in each student's IEP. If at the time the IEP is developed it is unreasonable to predict eligibility for ESY services, the IEP team will meet after sufficient time has passed for the team to make an informed decision about ESY services, but not later than six (6) weeks prior to the end of the regular school term.
Mediation The Board of Education authorizes the special education director to legally bind the school district to a mediation agreement developed in accordance with the IDEA and Missouri law and further authorizes the special education director to contact an attorney for legal advice prior to making any decisions. In the absence of the special education director, the Superintendent is authorized to perform his or her duties under this section.
ACTION: Below are recommended revisions to MSBA’s Policy IGBA. MSBA recommends revising this policy so that it addresses only special education students covered by the IDEA (removing language addressing students covered by Section 504 or the ADA, which will now be addressed in Policy IGB). MSBA also updated language for clarity and compliance with recent state-level changes. Recommendation: Amend current Policy IGBA to incorporate recommended revisions from MSBA. ----------
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Resolution The Board of Education designates the special education director to represent the school district in resolution meetings and gives the special education director decision-making authority on behalf of the district. The special education director has the authority to
sign and legally bind the district to a settlement agreement reached at the resolution meeting. In the absence of the special education director, the Superintendent is authorized to perform his or her duties under this section. All other settlement agreements must be approved by the Board. Children Three (3) to Five (5) Years of Age When identifying children three (3) to five (5) years of age who qualify for special education but are not yet eligible for kindergarten, the district will use any of the disability categories, including that of Young Child with a Developmental Delay (YCDD). When a child so identified reaches kindergarten age, his or her eligibility will continue to be determined using any of the disability categories, including that of YCDD. A child who is not identified as eligible for special education services prior to reaching kindergarten age will be identified using disability categories excluding that of YCDD. Accommodation of Students with Disabilities Including Those Not Eligible for Special Education Services under the IDEA The district seeks to identify, evaluate and provide free and appropriate educational services in the least restrictive environment to all qualified students with disabilities within the definitions of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any district program, including nonacademic services and extracurricular activities. Students with disabilities may be eligible for accommodation under this policy even though they are not eligible for services pursuant to the IDEA. The district will initiate a referral if a student requiring accommodation is also believed to be a student with a disability under the IDEA. Implementation of an IEP in accordance with the IDEA satisfies the district's obligation to provide a free and appropriate education under Section 5 Park Hill School District, Platte County, MO
Consent
CONSENT: Below are recommended revisions to Policy DJFA from MSBA to add language regarding the Title I comparability determination required by federal law. Recommendation: Amend current Policy DJFA to incorporate recommended revisions from MSBA. ----------
105.450 - .458, 162.301, 170.041, 171.181, 177.082 - .086, 285.530, 292.675, 393.310, 432.070 - .080, RSMo. 20 U.S.C Part 6321 5 C.S.R. 30-4.030, 680.010 2 C.F.R. Parts 200.22, .23, .38, .92, 112, .113, .317, .318, .338 7 C.F.R. Parts 210.16, .21, 220.16 40 C.F.R. Part 247 47 C.F.R. Part 54.503
Adopted: February 9, 2017 Revised: _________________ The purpose of this policy is to ensure that federally funded programs and projects in the district are administered in accordance with federal laws. Specifically, this policy governs all purchases of goods and services using federal funds and reflects federal conflict of interest rules applicable to Board members, employees and agents involved with the selection of contractors and the approval and administration of contracts for federal programs and projects. Definitions Agent – A person or entity acting on behalf of the district who is not an employee of the district. Contract – As used in this policy, a legal instrument by which the district purchases property or services needed to carry out a program or project funded by a federal award. Contractor – A person or entity with which the district has an executed contract to carry out a federal program or project. A contractor does not include an entity with which the district contracts that received a federal award or subaward directly from a federal or state agency.
Gratuity – A favor, gift or anything of monetary value. Immediate Family – A spouse or dependent child of a Board member, employee or agent or any person living in the household of a Board member, employee or agent.
CONSENT: Below are recommended revisions to Policy DJFA from MSBA to add language regarding the Title I comparability determination required by federal law. Recommendation: Amend current Policy DJFA to incorporate recommended revisions from MSBA. ----------
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Labor Surplus Area (LSA) Firm – A business located in a civil jurisdiction, such as a county or city, which is designated as an LSA by the U.S. Department of Labor's Employment and Training Administration. Real, Apparent or Potential Conflict of Interest – A situation in which a Board member, employee or agent; any member of a Board member's, employee's or agent's immediate family; any business partner of a Board member, employee or agent; or any organization that employs or is about to employ a Board member, employee or agent has a financial or other interest in a firm the district is considering contracting with or would receive a tangible personal benefit from a firm considered by the district for contracting. A financial interest does not exist if the value of the interest is less than $25.
Federal Programs Administration The superintendent shall be responsible for coordinating and administering federally funded programs and projects. The superintendent will ensure that the various departments operating these programs and projects do so in accordance with the requirements of the federal award and keep accurate and separate records, as required by Board policy and in accordance with administrative procedures. The superintendent may delegate one or more of his or her duties to appropriate employees. If the superintendent is not the purchasing officer for the district, the superintendent will work with the purchasing officer to ensure that goods and services purchased through federal awards comply with state and federal requirements. Procurement In addition to following the requirements of state law, Board policy and district procedures, the purchasing officer will ensure that all supplies, equipment and services purchased with federal funds are purchased in accordance with federal law. No purchase will be made unless the purchase was authorized in the approved budget for administration of the grant. Every purchase will be identified in district accounts in accordance with the federal program under which the purchase was made. Bids and Requests for Proposals Bid specifications and requests for proposals will include a clear and accurate description of the technical requirements for the material, product or service desired and will identify all requirements and all other factors that will be used in evaluating
bids or proposals. Bid specifications will not contain features that unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is
CONSENT: Below are recommended revisions to Policy DJFA from MSBA to add language regarding the Title I comparability determination required by federal law. Recommendation: Amend current Policy DJFA to incorporate recommended revisions from MSBA. ----------
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impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used to define the performance or other requirements. The specific features of the named brand that must be met must be clearly stated. Pursuant to federal law, the district will not use local or state purchasing preferences when purchasing goods or services related to a federal contract. Contractors who develop or draft specification requirements, statements of work or invitations for bids or requests for proposals for the district must be excluded from bidding on the project. In addition to the purchasing preferences required or permitted pursuant to state law, when making purchases with federal funds the district will: 1. Take all necessary affirmative steps to ensure that small businesses, minority
businesses, women's business enterprises and LSA firms are used when possible. To that end, the district will:
Place qualified small businesses, minority businesses and women's business enterprises on solicitation lists.
Solicit bids from small businesses, minority businesses and women's business enterprises when they are potential sources.
Divide total project requirements into smaller tasks or quantities, when economically feasible, to permit maximum participation by small businesses, minority businesses and women's business enterprises. This provision shall not be used to artificially divide purchases to avoid bidding requirements or design bid specifications to favor a particular provider.
When conducive with the program or project, establish performance and delivery schedules that encourage small businesses, minority businesses and women's business enterprises to participate.
2. Purchase only items that contain the highest practicable percentage of recovered
materials, as defined by the Environmental Protection Agency (EPA), consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000. 3. Use solid waste management services in a manner that maximizes energy and
resource recovery.
CONSENT: Below are recommended revisions to Policy DJFA from MSBA to add language regarding the Title I comparability determination required by federal law. Recommendation: Amend current Policy DJFA to incorporate recommended revisions from MSBA. ----------
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The purchasing officer or designee may search state and federal surplus property offerings to determine whether any items the district needs are available at a lower cost without sacrificing quality. Contracts When making purchases using federal funds, the district will not use a time and materials contract unless there is a determination that no other contract is suitable and the district includes a ceiling price and oversees the project to ensure efficiency. The district may use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. The purchasing officer or designee will resolve contract and procurement disputes in accordance with good administrative practice and sound business judgment. The purchasing officer is authorized to contact the district's legal counsel for assistance in resolving disputes. Title I Comparability Federal law requires districts to ensure that schools that receive Title I funds receive the same level of services and resources from state and local funds as schools that do not receive Title I funds. If the district has school buildings with more than 100 students and more than one building for each grade span, the district is required to annually conduct a comparability study between buildings of more than 100 students. If all the district's schools receive Title I funds, the district must determine that services are, taken as a whole, substantially comparable in each school. The district may meet these requirements by comparing either grade spans or schools. The district will establish comparability by ensuring: 1. That it has adopted a districtwide salary schedule; 2. Equivalence among schools in teachers, administrators and other staff; and 3. Equivalence among schools in the provision of curriculum materials and
instructional supplies. Alternatively, the superintendent or designee will complete an annual comparability study using the procedures and forms provided by the Department of Elementary and
Secondary Education (DESE). If the superintendent or designee determines that services and resources are not comparable, the superintendent will notify the Board and take steps to rectify the situation. The data collected and compiled in the determination of comparability will be retained in accordance with the Public School Records Retention Schedule. The district will
CONSENT: Below are recommended revisions to Policy DJFA from MSBA to add language regarding the Title I comparability determination required by federal law. Recommendation: Amend current Policy DJFA to incorporate recommended revisions from MSBA. ----------
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provide DESE with the appropriate assurances that the district is in compliance with the federal law. Conflict of Interest In addition to acting in accordance with Missouri laws governing conflicts of interest and financial disclosures, Board members, employees and agents participating in the procurement of property and services using federal funds must comply with federal requirements. In cases where federal requirements are more restrictive than state requirements, federal requirements will be followed. 1. Board members, employees and agents who are or may be involved in the
selection, award or administration of a contract supported by a federal award will submit, in writing, any real, apparent or potential conflict of interest to the superintendent or designee or the Board secretary. The recipient of the report will forward any disclosures to the awarding state or federal agency in accordance with the reporting policy of the agency.
2. No Board member, employee or agent will participate in the selection, award or
administration of a contract supported by a federal award if he or she has a real, apparent or potential conflict of interest.
3. Board members, employees and agents will not solicit or accept gratuities, favors
or anything of monetary value from contractors, parties to subcontracts or any vendor who is attempting to be a contractor for a federal program or project, but may accept unsolicited gifts of nominal value. For the purposes of this policy, a gift of nominal value is defined as an unsolicited gift of $25 or less.
Consequences Board members, employees and agents are required to immediately report any violation of this policy to the superintendent or Board president. In accordance with federal law, Board members, employees and agents will, within five days of the violation, report all violations of federal criminal law involving fraud, bribery or a gratuity violation potentially affecting the federal award, even if no charges have been filed, to the superintendent, designee or Board president. The superintendent, designee or Board president will submit information about the violation to the federal awarding entity and will contact the district's attorney for assistance in making that report. See 2 C.F.R Part 200.113.
Board members who violate the provisions of this policy will be prohibited from holding a Board office or representing the full Board, as an official spokesperson or otherwise, in the community unless excused by the Board. Employees who violate this policy will be disciplined or terminated, and the district will reconsider and potentially end business relationships with agents who violate this policy. In addition, violations of this policy or the laws it references may be reported to law enforcement, the Missouri Ethics
CONSENT: Below are recommended revisions to Policy DJFA from MSBA to add language regarding the Title I comparability determination required by federal law. Recommendation: Amend current Policy DJFA to incorporate recommended revisions from MSBA. ----------
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Commission, the Attorney General's Office or DESE and other applicable funding agencies. Park Hill School District, Platte County, MO
CONSENT: Below are recommended revisions to Policy GCPE from MSBA based on a new Missouri law requiring the district to notify retirement systems when employees or former employees are charged with or convicted of certain criminal offenses. Recommendation: Amend current Policy GCPE to incorporate recommended revisions from MSBA. ----------
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Section: Personnel Title: Termination of Professional Staff Members
Revised: _______________ Noncertificated Personnel Noncertificated Employees with Employment Contracts
Employees with employment contracts will be terminated after due process in accordance with the contract and law. Noncertificated Employees without Employment Contracts
The Superintendent or designee may terminate employees who are not under contract. The Superintendent shall report any such termination or suspension to the Board of Education, and the decision will stand approved unless reversed by the Board. Certificated Personnel Employees whose positions require a teaching certificate in accordance with law (certificated personnel) shall be terminated in accordance with the provisions of the Teacher Tenure Act of Missouri or other applicable law. Tenured Teachers
I. Method
A. A tenured teacher may be terminated by the Board of Education of a school district for one or more of the following reasons: 1. Physical or mental condition unfitting him or her to instruct or
associate with children. This provision will not be used for termination unless the district is also in compliance with other state
CONSENT: Below are recommended revisions to Policy GCPE from MSBA based on a new Missouri law requiring the district to notify retirement systems when employees or former employees are charged with or convicted of certain criminal offenses. Recommendation: Amend current Policy GCPE to incorporate recommended revisions from MSBA. ----------
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and federal laws requiring the reasonable accommodation of persons with disabilities.
2. Immoral conduct.
3. Incompetency, inefficiency or insubordination in the line of duty.
4. Willful or persistent violation of or failure to obey the school laws of
the state or the published regulations of the Board of Education of the school district employing him or her.
5. Excessive or unreasonable absence from performance of duties.
6. Conviction of a felony or crime involving moral turpitude.
B. In determining the professional competency or efficiency of a tenured teacher, consideration should be given to the teacher's performance evaluations, other documentation or evidence of performance, and any written standards of performance adopted by the Board.
C. A tenured teacher's contract may not be terminated by the Board of Education until after service upon the teacher of written charges specifying with particularity the grounds alleged to exist for termination of such contract, notice of a hearing on charges and, if requested by the teacher, a hearing by the Board of Education.
D. If the charges are for incompetency, inefficiency or insubordination, at least 30 days before service of the notice of charges, the Superintendent will give the teacher a warning in writing stating specifically the causes which, if not removed, may result in charges. Thereafter, the Superintendent or designee and the teacher shall meet in an effort to resolve the matter. Thirty days' notice is not necessary for termination for charges other than incompetency, inefficiency and insubordination.
E. Notice of a hearing upon charges, together with a copy of charges, shall be served on the tenured teacher at least 20 days prior to the date of the hearing. The notice and copy of charges may be served upon the teacher
by certified mail with personal delivery, addressed to the employee at his or her last known address. If the teacher or the teacher's agent does not, within ten days after receipt of the notice, request a hearing on the charges, the Board may, by a majority vote, order the contract of the teacher terminated. If a hearing is requested by either the teacher or the Board of Education, it shall take place not less than 20 or more than 30
CONSENT: Below are recommended revisions to Policy GCPE from MSBA based on a new Missouri law requiring the district to notify retirement systems when employees or former employees are charged with or convicted of certain criminal offenses. Recommendation: Amend current Policy GCPE to incorporate recommended revisions from MSBA. ----------
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days after notice of the hearing has been furnished to the tenured teacher.
F. On the filing of charges in accordance with this section, the Board may
suspend the teacher from active performance of duty until a decision is rendered by the Board, but the teacher's salary shall be continued during such suspension unless the law requires the suspension to be without pay. If a decision to terminate a teacher's employment is appealed and the decision is reversed, the teacher shall be paid his or her salary lost while the appeal was pending.
II. Termination Hearing
If a hearing is requested on the termination of a tenured contract or is otherwise used for the termination of a professional staff member under this policy, it shall be conducted by the Board of Education in accordance with the following provisions: A. The hearing shall be public.
B. Both the teacher and the person filing charges may be represented by
counsel who may cross-examine witnesses.
C. Testimony at hearings shall be on oath or affirmation administered by the president of the Board of Education, who shall have the authority to administer oaths in accordance with law.
D. The Board shall have the power to subpoena witnesses and documentary
evidence as provided in Section 536.077, RSMo., and shall do so on its own motion or at the request of the teacher against whom charges have been made. The Board shall hear testimony of all witnesses named by the teacher. However, the Board may limit the number of witnesses to be subpoenaed on behalf of the teacher to not more than ten.
E. The Board of Education shall employ a stenographer who shall make a
full record of the proceedings of the hearings and who shall, within ten days after the conclusion thereof, furnish the Board of Education and the teacher, at no cost to the teacher, a copy of the transcript of the record,
which shall be certified by the stenographer to be complete and correct. The transcript shall not be open to public inspection unless the hearing on the termination of the contract was an open hearing or if an appeal from the decision of the Board is taken by the teacher.
F. All costs of the hearing shall be paid by the Board except the cost of
counsel for the teacher.
CONSENT: Below are recommended revisions to Policy GCPE from MSBA based on a new Missouri law requiring the district to notify retirement systems when employees or former employees are charged with or convicted of certain criminal offenses. Recommendation: Amend current Policy GCPE to incorporate recommended revisions from MSBA. ----------
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G. The decision of the Board of Education resulting in the demotion of a
tenured teacher or the termination of a tenured contract shall be by a majority vote of the members of the Board of Education, and the decision shall be made within seven days after the transcript is furnished them. A written copy of the decision shall be furnished to the teacher within three days thereafter.
II. Appeal
A. The teacher may appeal the decision of the Board of Education to the
circuit court of the county where the district is located. The appeal shall be taken within 15 days after service of a copy of the decision of the Board of Education upon the teacher, and if an appeal is not taken within that time, the decision of the Board of Education shall become final.
B. The appeal may be taken by filing a notice of appeal with the Board of Education, whereupon the Board of Education, under its certificate, shall forward to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and the decision of the Board of Education, which shall thereupon become the record of the cause. Such appeal shall be heard as provided in Chapter 536, RSMo.
Probationary Teachers
A probationary teacher may be terminated during the course of a contract for any legal reason including, but not limited to, the reasons for terminating a tenured teacher. If in the opinion of the Board of Education any probationary teacher has been doing unsatisfactory work, the Board of Education, through its authorized administrative representative, shall provide the teacher with a written statement definitely setting forth his or her alleged incompetency and specifying the nature thereof in order to furnish the teacher an opportunity to correct his or her fault and overcome the incompetency. If improvement satisfactory to the Board of Education has not been made within 90 days of receipt of the notification, the Board of Education may terminate the employment of the probationary teacher immediately. Termination on
other grounds may progress immediately. Any motion to terminate the employment of a probationary teacher shall include only one person and must be approved by a majority of the members of the Board of Education. A tie vote thereon constitutes termination. A probationary teacher will receive due process as required by law prior to termination. The district may utilize the hearing process detailed above for the termination of tenured teachers.
CONSENT: Below are recommended revisions to Policy GCPE from MSBA based on a new Missouri law requiring the district to notify retirement systems when employees or former employees are charged with or convicted of certain criminal offenses. Recommendation: Amend current Policy GCPE to incorporate recommended revisions from MSBA. ----------
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Certificated Administrative Staff Ineligible for Tenure
Certificated employees ineligible for tenure (other than the Superintendent) in their present positions, such as principals and assistant principals, may be terminated during the course of a contract for any legal reason including, but not limited to, the reasons for terminating instructional personnel. No improvement period is required prior to the notice of charges. If an administrator other than the Superintendent is also a tenured teacher, the district will provide the terminated administrator a teaching position for which he or she is qualified if a position is available in accordance with law, unless the teaching contract has also been terminated.
An administrator will receive due process prior to termination as required by law. The district may utilize the process for dismissal of tenured teachers. Additional Remedies In addition to termination, the district reserves the right to seek the revocation or discipline of a teaching or administrative certificate with the State Board of Education, pursuant to state law. The district may petition the Attorney General's Office to file charges with the State Board of Education on behalf of the school district for any reason other than annulment of contract. The district may also file criminal charges or seek other civil damages when appropriate. Notification to the State Board and the Attorney General
The Superintendent or designee shall immediately provide written notice to the State Board of Education and the Attorney General upon learning that a certificated employee has pled guilty to or was found guilty of any offense that would authorize the State Board to seek discipline or revoke a teaching certificate. Notification to Retirement Systems In accordance with law, the district will notify the Public School Retirement System (PSRS), the Public Education Employee Retirement System (PEERS) or any other relevant state retirement system when an employee or former employee is charged with or convicted of any of the following crimes committed in direct connection with or directly related to the employee's or former employee's duties as an employee with the district, when the charge or conviction is a felony:
1. Stealing under § 570.030, RSMo., when the offense involved money, property or
services valued at $5,000 or more; 2. Receiving stolen property under § 570.080, RSMo., as it existed before January 1,
2017, when such offense involved money, property or services valued at $5,000 or more;
CONSENT: Below are recommended revisions to Policy GCPE from MSBA based on a new Missouri law requiring the district to notify retirement systems when employees or former employees are charged with or convicted of certain criminal offenses. Recommendation: Amend current Policy GCPE to incorporate recommended revisions from MSBA. ----------
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3. Forgery under § 570.090, RSMo.; 4. Counterfeiting under § 570.103, RSMo.; 5. Bribery of a public servant under § 576.010, RSMo.; 6. Acceding to corruption under § 576.020, RSMo.; or 7. Any substantially similar offense under federal law.
Allegations of Sexual Misconduct with a Student If a former district employee whose job involved contact with children was terminated, nonrenewed or allowed to resign in lieu of termination as a result of an allegation of sexual misconduct with a student, or as a result of such allegations being substantiated by the Children's Division (CD) of the Department of Social Services' child abuse and neglect review board, the district is required by law to release information regarding the sexual misconduct to a potential public school or charter school employer who contacts the district regarding the former employee. In addition, if the CD substantiates a complaint of sexual misconduct with a student against a former employee of the district, the law requires the district to release the results of the CD investigation to any potential public school or charter school employer who contacts the district. When employment ends as a result of an allegation of sexual misconduct with a student, the district will provide appropriate due process prior to the release of information regarding the sexual misconduct to a potential public school or charter school employer, if feasible. The Superintendent or designee is authorized to consult with the district's attorney to determine the appropriate level of due process to provide. For the purposes of this policy, employees are considered "former employees" if they have resigned, been terminated, had their contracts nonrenewed, or been notified that their contracts with the district will not be renewed or that the district is pursuing termination, even if the process has not been completed.
Park Hill School District, Platte County, MO
CONSENT: Below are recommended revisions to Policy GDPE from MSBA based on a
new Missouri law requiring the district to notify retirement systems when employees or
former employees are charged with or convicted of certain criminal offenses.
Recommendation: Amend current Policy GDPE to incorporate recommended revisions
from MSBA.
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1
Section: Personnel Title: Nonrenewal and Termination of Support Staff Members Number: GDPE Legal Refs: Sections 105.669, 162.068, 167.166, 168.071 RSMo. U.S. Const. amend. XIV Adopted: June 22, 2017
Revised: _______________
Employees without Contracts The superintendent or designee may terminate support staff members who are not under contract. The superintendent shall report any such termination to the Board of Education. The superintendent's decision will stand approved unless reversed by the Board. Although support staff employees not employed under contract have no contractual right to continued employment from one academic term or year to the next, such employees may reasonably expect continued employment until notified otherwise by the superintendent or designee. Employees with Contracts Nonrenewal Unless otherwise required by law, the district may nonrenew the contracts of support staff by notifying the employee prior to entering into a new contract with the employee that his or her contract will not be renewed. Termination Support staff members employed under contract may be terminated during the term of such contract for violation of Board policies, violation of state law or for any other legal reason. Prior to the termination, the district will notify the employee of the charges and shall give the employee an opportunity to discuss or rebut the charges. Unless an employee's contract allows for termination for any reason at the end of a notice period, the employee may appeal the termination to the Board by filing a written notice of appeal with the superintendent after receiving the notice of charges and within the time frame specified by the superintendent or designee.
CONSENT: Below are recommended revisions to Policy GDPE from MSBA based on a
new Missouri law requiring the district to notify retirement systems when employees or
former employees are charged with or convicted of certain criminal offenses.
Recommendation: Amend current Policy GDPE to incorporate recommended revisions
from MSBA.
----------
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If an appeal is taken, the employee will continue to be paid until the Board renders its decision. If the Board terminates the employee after a hearing, the district may dock any pay it owes the employee back to the date the employee was initially notified of the termination. Termination Pursuant to Contract Terms If an employee's contract allows for termination for any reason at the end of a notice period and such notice is given, the employee's contract rights shall expire in accordance with the contract. Notice of termination from the superintendent shall be deemed to be notice from the Board of Education and shall be effective for such purpose when given unless later reversed by the Board.
Notification to Retirement Systems
In accordance with law, the district will notify the Public School Retirement System
(PSRS), the Public Education Employee Retirement System (PEERS) or any other
relevant state retirement system when an employee or former employee is charged with
or convicted of any of the following crimes committed in direct connection with or
directly related to the employee's or former employee's duties as an employee with the
district, when the charge or conviction is a felony:
1. Stealing under § 570.030, RSMo., when the offense involved money, property or
services valued at $5,000 or more;
2. Receiving stolen property under § 570.080, RSMo., as it existed before January 1,
2017, when such offense involved money, property or services valued at $5,000
or more;
3. Forgery under § 570.090, RSMo.;
4. Counterfeiting under § 570.103, RSMo.;
5. Bribery of a public servant under § 576.010, RSMo.;
6. Acceding to corruption under § 576.020, RSMo.; or
7. Any substantially similar offense under federal law.
Special Circumstances If a former district employee whose job involved contact with children was terminated, nonrenewed or allowed to resign in lieu of termination as a result of an allegation of sexual misconduct with a student, or as a result of such allegations being substantiated by the State of Missouri's child abuse and neglect review board, the district is required by law to release information regarding the sexual misconduct to a potential public
CONSENT: Below are recommended revisions to Policy GDPE from MSBA based on a
new Missouri law requiring the district to notify retirement systems when employees or
former employees are charged with or convicted of certain criminal offenses.
Recommendation: Amend current Policy GDPE to incorporate recommended revisions
from MSBA.
----------
3
school or charter school employer who contacts the district regarding the former employee. In addition, if the CD Children's Division (CD) of the Missouri Department of Social Services substantiates a complaint of sexual misconduct with a student against a former employee of the district, the law requires the district to release the results of the CD investigation to any potential public school or charter school employer who contacts the district. When employment ends as a result of an allegation of sexual misconduct with a student, the district will provide appropriate due process prior to the release of information regarding the sexual misconduct to a potential public school or charter school employer, if feasible. The superintendent or designee is authorized to consult with the district's attorney to determine the appropriate level of due process to provide. For the purposes of this policy, employees are considered "former employees" if they have resigned, been terminated, had their contracts nonrenewed, or been notified that their contracts with the district will not be renewed or that the district is pursuing termination, even if the process has not been completed. Park Hill School District, Platte County, MO
CONSENT: Below are recommended revisions to Policy IGBCA from MSBA to align with recent changes to DESE’s state ESSA (Every Student Succeeds Act) plan. Recommendation: Amend current Policy IGBCA to incorporate recommended revisions from MSBA. ----------
1
Section: Instructional Program Title: Programs for Homeless Students Number: IGBCA – Critical Legal: Sections 167.020, .181, 210.003, RSMo.
19 C.S.R. 20-28.010 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g 34 C.F.R. Part 99 20 U.S.C. § 1232g
34 C.F.R. Part 99 McKinney-Vento Homeless Education Assistance Improvements Act of 2001, 42 U.S.C. §§ Sections 11431- - 11435
Adopted: April 28, 2016 Revised: _______________ The Park Hill School District Board of Education recognizes that homeless students are particularly vulnerable and need special assistance to access and benefit from the education environment. Therefore, the district, in accordance with state and federal law and the Missouri state plan for education of the homeless, will give special attention to ensure that homeless students in the district are promptly identified and have access to a free and appropriate public education and related support services. Homeless students are individuals who lack a fixed, regular and adequate nighttime residence and include the following: 1. 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 adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals.
2. Children and youths who have a primary nighttime residence that is a public or
private place not designated for or ordinarily used as a regular sleeping
accommodation for human beings. 3. Children and youths who are living in cars, parks, public spaces, abandoned
buildings, substandard housing, bus or train stations or similar settings. 4. Migratory children who meet one of the above-described circumstances.
CONSENT: Below are recommended revisions to Policy IGBCA from MSBA to align with recent changes to DESE’s state ESSA (Every Student Succeeds Act) plan. Recommendation: Amend current Policy IGBCA to incorporate recommended revisions from MSBA. ----------
2
District Liaison for Homeless Children and YouthsStudents The Board designates the following individual to act as the district's liaison for homeless children and youths:students (homeless liaison):
Director of Special Services Park Hill School District 7703 NW Barry Road Kansas City, MO 64153 (816) 359-4000
The districthomeless liaison shall designate and train another district employee to serve
as the districthomeless liaison in the absence of the districthomeless liaison. School of Origin For the purposes of this policy, "school of origin" is defined as the school that the student attended when permanently housed or the school in which the student was last enrolled, including a public preschool. When the student completes the final grade level served by the school of origin, the term shall then include the designated receiving school at the next grade level for all feeder schools. Enrollment The selected school shall immediately enroll the homeless student even if the student is unable to produce records normally required for enrollment, such as previous academic records, immunization or other health records, proof of residency, or other documentation, and even if the student has missed any application or enrollment deadlines during any period of homelessness. Outstanding fines, fees or absences shall not present a barrier to enrollment of the student. However, the district may require a parent/guardian of a homeless student to submit contact information. Immediately upon identifying the student as being eligible for homeless services, the selected school shall ensure that the student is attending class and participating fully in school activities. Placement The district will consider the best interest of the homeless student, with parental
involvement, in determining whether he or she should be enrolled in the school of origin or the school that non-homeless students who live in the attendance area in which the homeless student is actually living are eligible to attend. In determining the best interest of the student, the district will: 1. Presume that keeping the student in the school of origin is in the student's best
interest, except when doing so is contrary to the request of the student's
CONSENT: Below are recommended revisions to Policy IGBCA from MSBA to align with recent changes to DESE’s state ESSA (Every Student Succeeds Act) plan. Recommendation: Amend current Policy IGBCA to incorporate recommended revisions from MSBA. ----------
3
parent/guardian. If or the homeless student isif unaccompanied by a parent/guardian, the district liaison will consider the views of the homeless student in deciding where he or she will be educated.
2. Consider student-centered factors related to the student's best interest, including
factors related to the impact of mobility on achievement, education, health and safety of homeless students, giving priority to the request of the homeless student's parent/guardian or the unaccompanied student.
The choice regarding placement shall be made regardless of whether the homeless student lives with his or her parents/guardians or has been temporarily placed elsewhere. If the student is unaccompanied, the homeless liaison shall assist the
student in placement or enrollment decisions, give priority to the views of the student and provide the student with notice of his or her right to appeal the district's decision. If the district determines that placement should be in the school of origin, the student will continue his or her education in the school of origin for the duration of the homelessness when the student's family becomes homeless between academic years or during an academic year, and for the remainder of the academic year even if the student becomes permanently housed during the academic year. If the district determines that it is not in the best interest of the student to attend either the school of origin or the school requested by the parent/guardian or unaccompanied student, the district shall provide a written explanation of the reasons for its determination. The explanation shall be given in a manner and form understandable to the parents/guardians or unaccompanied student and shall include information regarding the right to appeal the district's determination. The written explanation will include: 1. A description of the action proposed or refused by the district; 2. An explanation of why the action was proposed or refused; 3. A description of any other options the district considered; 4. The reasons other options were rejected; 5. A description of any other relevant factors to the district’s decision and
information related to the eligibility or best interest determination, including the facts and evidence relied upon and their sources;
6. Appropriate timelines to ensure any relevant deadlines are not missed; and 7. Contact information for the local liaison and the state coordinator for homeless
students (state coordinator) and a brief description of their respective roles.
CONSENT: Below are recommended revisions to Policy IGBCA from MSBA to align with recent changes to DESE’s state ESSA (Every Student Succeeds Act) plan. Recommendation: Amend current Policy IGBCA to incorporate recommended revisions from MSBA. ----------
4
If the student is unaccompanied, the district liaison shall assist the student in placement or enrollment decisions, shall give priority to the views of the student, and shall provide the student with notice of his or her right to appeal the district’s decision. Services Each homeless student shall be provided services comparable to the services offered to other students in the district including, but not limited to, transportation services; education services for which the student meets the eligibility criteria, such as education programs for disadvantaged students, students with disabilities and gifted students; programs in career and technical education; school nutrition programs; preschool
programs; before- and after-school care programs; and programs for English learners. Homeless students will not be segregated in a separate school or program within a school based on the students' status as homeless. The district will coordinate services for homeless students with local social service agencies and other agencies or entities providing services to homeless students and their families, including services and programs funded under the Runaway and Homeless Youth Act. The district will also coordinate transportation, transfer of school records and other interdistrict activities with other school districts. Transportation If the homeless student's school of origin, including a public preschool, and temporary housing are located in the Park Hill School District, the district will provide transportation to and from the school of origin at the request of the parent/guardian or districthomeless liaison, provided it is in the best interest of the student. If the homeless student's school of origin and temporary housing are located in two different school districts, the districts may agree on a method to apportion the responsibility and costs for providing transportation to the school of origin. If no agreement is reached, the districts will equally share the responsibility and costs for transporting the student. If a homeless student becomes permanently housed in the middle of the school year, the district will continue to provide transportation to the school of origin for the remainder of the school year. Transportation to the school of origin shall be provided even if a homeless preschooler who is enrolled in a public preschool moves to another district that does not provide a
widely available or universal preschool. Records When a homeless student enrolls in the district or a district school, the district will immediately contact the school the homeless student last attended in order to obtain academic or other relevant records.
CONSENT: Below are recommended revisions to Policy IGBCA from MSBA to align with recent changes to DESE’s state ESSA (Every Student Succeeds Act) plan. Recommendation: Amend current Policy IGBCA to incorporate recommended revisions from MSBA. ----------
5
Any records ordinarily kept by the school for each homeless student (including immunization or other health records, academic records, birth certificates, guardianship records and evaluations for special services or programs) shall be maintained so that the district is equipped to provide the student with appropriate services, make necessary referrals and transfer records in a timely fashion when a homeless student enters a new school district. Copies of records shall be made available upon request to students or parents/guardians in accordance with the Family Educational Rights and Privacy Act (FERPA). Information about a homeless student's living situation shall be treated as a student education record and shall not be deemed to be directory information under FERPA.
Homeless Liaison Responsibilities of District Liaison for Homeless Children and Youths The districthomeless liaison will attend all required professional development and other technical assistance activities as determined appropriate by the Department of Elementary and Secondary Education (DESE). The district shall inform school personnel, service providers and advocates working with homeless families of the duties of the districthomeless liaison. The districthomeless liaison will ensure that: 1. Homeless students, including homeless preschool-age children, are identified by
school personnel through outreach and coordination activities with other entities and agencies.
2. Homeless students are enrolled in and have a full and equal opportunity to
succeed in schools in the district. 3. Homeless families and students have access to and receive education services for
which they are eligible, including Head Start and Early Head Start, early intervention services under the Individuals with Disabilities Education Act (IDEA),, and preschool programs administered by the district, as well as referrals to healthcare services, dental services, mental health and substance abuse services, housing services and other appropriate services based on their assessed needs.
4. The parents/guardians of homeless students are informed of the educational and
related opportunities available to their childrenstudents and are provided with
meaningful opportunities to participate in the education of their childrenstudents.
5. Public notice of the educational rights of homeless students is disseminated in
locations frequented by parents/guardians, youth and unaccompanied youth, including schools, family shelters, public libraries and soup kitchens, in a manner and form understandable to the parents/guardians and youth.
CONSENT: Below are recommended revisions to Policy IGBCA from MSBA to align with recent changes to DESE’s state ESSA (Every Student Succeeds Act) plan. Recommendation: Amend current Policy IGBCA to incorporate recommended revisions from MSBA. ----------
6
6. Enrollment disputes are mediated in accordance with law. 7. The parents/guardians of homeless students and unaccompanied students are
fully informed of all transportation services, including transportation to the school of origin, and are assisted in accessing transportation to the selected school.
8. Unaccompanied students will be assisted in placement or enrollment decisions,
their views will be considered, and they will be provided notice of the right to appeal.
9. School personnel providing services to homeless students and their parents/guardians receive professional development and other support.
10. Unaccompanied students:
Are enrolled in school;
Have opportunities to meet the same challenging state academic standards that are established for other students; and
Are informed of their status as independent students under laws applicable to higher education and that they may obtain assistance from the districthomeless liaison in order to receive verification of this status for the purposes of applying for federal student aid.
11. Students who need to obtain immunizations or medical or immunization records
will receive assistance. 12. The district collects and reports reliable, valid and comprehensive data to DESE
regarding homeless students. 13. All homeless high school students receive information and individualized
counseling regarding college readiness, college selection, the application process, financial aid and the availability of on-campus supports.
14. Every effort is made to enroll preschool-age homeless children in preschool if they
are not already enrolled.
CONSENT: Below are recommended revisions to Policy IGBCA from MSBA to align with recent changes to DESE’s state ESSA (Every Student Succeeds Act) plan. Recommendation: Amend current Policy IGBCA to incorporate recommended revisions from MSBA. ----------
7
Disputes Parents/Guardians or unaccompanied youthstudents may appeal district decisions regarding eligibility, enrollment or placement in accordance with the Standard Complaint Resolution Process adopted by DESE. The district will make every effort to resolve complaints or disputes at the district level. The homeless liaison will inform the parent/guardian or unaccompanied student of the district's complaint resolution process when a question or complaint arises concerning the education of a homeless student. 1. Parents/Guardians or unaccompanied youth will submit disputes to the district
liaison, who will carry out the dispute resolution process as expeditiously as
possible. The liaison will provide the parent/guardian or unaccompanied youth a written explanation of any decisions relating to eligibility, enrollment or placement. The written explanation will include:
A description of the action proposed or refused by the district;
An explanation of why the action was proposed or refused;
A description of any other options the school considered;
The reasons other options were rejected;
A description of any other relevant factors to the district's decision and information related to the eligibility or best interest determination including the facts, witnesses and evidence relied upon and their sources;
Appropriate timelines to ensure any relevant deadlines are not missed; and
Contact information for the local liaison and the state coordinator for homeless children and youth (state coordinator) and a brief description of their respective roles.
2. The liaison will discuss the explanation with the parent/guardian or
unaccompanied youth and answer any related questions. 3. If the explanation provided to the parent/guardian or unaccompanied youth does
not resolve the dispute, the parent/guardian or unaccompanied youth should notify the liaison, who will provide the parent/guardian or unaccompanied youth with the standard state complaint resolution process and ensure that the parent/guardian or unaccompanied youth has the contact information for the state coordinator. If requested, the liaison will assist any unaccompanied youth in submitting the appeal.
1. If the parent, guardian or unaccompanied student has a complaint regarding the
education of a homeless student, the person (complainant) must notify the homeless liaison. The homeless liaison serves as the intermediary between the homeless student and the school the student attends. The homeless liaison shall provide a copy of or access to the district’s policies addressing the education of homeless students and the district’s complaint form to the complainant.
CONSENT: Below are recommended revisions to Policy IGBCA from MSBA to align with recent changes to DESE’s state ESSA (Every Student Succeeds Act) plan. Recommendation: Amend current Policy IGBCA to incorporate recommended revisions from MSBA. ----------
8
2. The complainant can file a complaint in writing with the homeless liaison. The
homeless liaison will provide a written resolution of the dispute or a plan of action within five days of the date the complaint was received by the homeless liaison. The parties may mutually agree to an extension of time; however, every effort should be made to resolve the complaint in the shortest possible time.
3. If the dispute is not resolved by the homeless liaison, the complainant may file a
written complaint with the superintendent or designee for review. The superintendent or designee will provide a written resolution or plan of action within five days of the date the complaint was received. The parties may mutually agree to an extension of time; however, every effort should be made to resolve the
complaint in the shortest amount of time. 4. If the dispute is not resolved at the superintendent level, the complainant may
file a written complaint with the Board of Education. The Board will provide a written resolution of the dispute or a plan of action within 30 days of the date the complaint was received by the Board. If the dispute is not resolved by the Board in a manner satisfactory to the complainant, an appeal may be brought to DESE in accordance with the state complaint resolution process, which the homeless liaison will provide to the complainant.
The student will remain enrolled and will be allowed to attend and fully participate in all school activities during the dispute process. While the dispute process is ongoing, the student in question must be enrolled in school. If the dispute revolves around which school is the school of best interest for the student, the student shall be enrolled at the school to which the parent/guardian or unaccompanied student seeks enrollment while the final resolution of the dispute is pending. The student shall be allowed to fully participate in school activities and receive transportation, if requested. If the parent/guardian or unaccompanied youth student are English learners, use a native language other than English, or need additional supports due to a disability, the district shall make translators, interpreters or other support services available without charge and in the appropriate language. Park Hill School District, Platte County, MO
CONSENT: Below are MSBA’s recommended revisions to Policy IGBE to align with current federal and state law. Recommendation: Amend current Policy IGBE to incorporate recommended revisions from MSBA. ----------
1
Section: Instruction Title: Students in Foster Care
The Elementary and Secondary Education Act of 1965, 20 U.S.C. Sections 6311 – 6322 34 C.F.R. Section 299.13 45 C.F.R. Section 1355.20
Adopted: January 28, 2016 Revised: __________________ The Park Hill School District recognizes that students in foster care face unusual educational challenges. The purpose of this policy is to provide students in foster care with educational stability and remove barriers to, and provide opportunities for, academic excellence for students in foster care. In order to achieve this purpose, the district will work collaboratively with the Missouri Department of Elementary and Secondary Education (DESE) and the Children's Division (CD) of the Missouri Department of Social Services. Definitions Foster Care – Twenty-four-hour substitute care for children placed away from their parents/guardians and for whom the CD has placement and care responsibility. This includes, but is not limited to, placement in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, childcare institutions and pre-adoptive homes, regardless of whether the home, shelter, facility or institution is licensed or receives payments from the state. Student in Foster Care: – Any pre-K-12 student who is residing in a foster care setting in this state or who is awaiting foster care. School of Origin – The school or preschool in which the student was enrolled at the time of placement in foster care. If the student's placement changes, the school of origin is the school or preschool in which the student was enrolled at the time of the change. Liaison/Point of Contact The district designates the Director of Student Services as the liaison for students in foster care. The liaison will provide assistance regarding all aspects of the enrollment, placement, transfer and withdrawal of children in foster care. The liaison will also work with DESE and the CD to implement the district's complaint resolution process.
CONSENT: Below are MSBA’s recommended revisions to Policy IGBE to align with current federal and state law. Recommendation: Amend current Policy IGBE to incorporate recommended revisions from MSBA. ----------
2
Enrollment and Placement of Students in Foster Care Students in a foster care placement located within the boundaries of the district will be educated in the school of origin unless it is not in the best interest of the student to do so. A student placed in the school of origin will remain in the school of origin for the duration of the time he or she is in foster care. If it is not in the best interest of the student to stay in the school of origin, the Park Hill School District will immediately enroll the student, even if the student is unable to produce records normally required for enrollment, and will contact the school of origin to obtain relevant records. Foster care students who attend school in the district because attending the school of
origin was not in their best interest will be initially placed in the same courses and programs the students were in while attending the previous district to the extent this district offers such courses and programs. Such placements may include, but are not limited to: honors classes; vocational, technical and career pathway courses; and International Baccalaureate (IB), Advanced Placement (AP), English Learner (EL), special education and gifted programs. If necessary, the district will waive course or program prerequisites or other preconditions for placement in courses or programs offered at the district. After placement, the district may perform additional evaluations to ensure that the student has been placed appropriately and may change the student's placement after consultation with the student's foster parent. The district will initially place students in foster care in the same courses and programs the students were in while attending the previous district to the extent this district offers such courses and programs. Such placements may include, but are not limited to: honors classes; vocational, technical and career pathway courses; and International Baccalaureate (IB), Advanced Placement (AP), English Language Learner (ELL), special education and gifted programs. If necessary, the district will waive course or program prerequisites or other preconditions for placement in courses or programs offered at the district. After placement, the district may perform additional evaluations to ensure that the student has been placed appropriately and may change the student's placement after consultation with the student's foster parent. Best-Interest Determination Placement Within three days of the student enrolling, the liaison will organize a meeting or
consultation to determine which placement is in the best interest of the student. The meeting or consultation will include a representative of the CD; the foster parents; a representative from the school of origin; the parents/guardians and student, if appropriate; and any other person requested by the student, the foster parents or the CD who has a special relationship with the student. These individuals will be considered the best interest determination (BID) team and, using child-centered criteria, including the appropriateness of the current educational setting and proximity to the school in
CONSENT: Below are MSBA’s recommended revisions to Policy IGBE to align with current federal and state law. Recommendation: Amend current Policy IGBE to incorporate recommended revisions from MSBA. ----------
3
which the student is enrolled at the time, will determine the best placement for the student. Transportation costs will not be a factor. If the BID team cannot reach a consensus regarding the best placement, the representative from the CD will make the final determination. The district of placement may bill the district of residence for local tax effort in accordance with law. Dispute Resolution If the legal, putative or biological parent (parent) or educational decision maker disputes that the placement assigned by the BID team or CD is in the student's best interest, the
parent or educational decision maker ("disputant") may contact the liaison to implement the dispute resolution process. The liaison will provide the disputant with a copy of the district's dispute resolution procedures and answer any questions about the resolution process. Transportation If the BID team determines that the school of origin is the best placement for a foster care student, the student will be transported to the school of origin in accordance with the transportation plan developed in collaboration with the CD. Transportation will be provided promptly and in a cost-effective manner in accordance with law. If there are additional costs incurred by the school of origin, the costs will be paid by the CD or the district or shared by the CD and the district. Transportation Disputes Disputes over transportation will be handled in the same manner as disputes over placement. Records The foster care liaison will provide foster parents and other legal guardians access to student records. In accordance with law, the district will allow a child-placement agency access to a foster care student's records for the purposes of assisting the school transfer or placement of a student and fulfilling educational case management responsibilities required by the juvenile officer or by law.
The liaison will ensure that student records are properly transferred between the Park Hill School District and any other district from or to which foster students transfer. When a request involves a foster care student, the liaison will: 1. Respond within three business days to a request for records by another district,
and 2. Request records from other districts within two days of enrolling a student.
CONSENT: Below are MSBA’s recommended revisions to Policy IGBE to align with current federal and state law. Recommendation: Amend current Policy IGBE to incorporate recommended revisions from MSBA. ----------
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Access to Records The district will provide foster parents and other legal guardians access to student records and will respond within three business days to a request for records by another district when the request involves a student in foster care. In accordance with law, the district will allow a child placement agency access to a student in foster care’s records for the purposes of assisting the school transfer or placement of a student and fulfilling educational case management responsibilities required by the juvenile officer or by law. Attendance If a student in foster care is absent from school due to a decision by a court or child-
placing agency to change the student's placement or due to a verified court appearance or related court-ordered activity, the grades and credit of the student will be calculated as of the date the student left school, and the district will not lower the student's grade as a result of absence under these circumstances. Programs and Activities The district will encourage students in foster care to participate in extracurricular activities and assist them in joining extracurricular activities, including, if appropriate, the waiver or reduction of any participation fees. Locally imposed application deadlines for participation in extracurricular activities will be waived for students in foster care who are otherwise eligible to participate in the activities. Participation in activities governed by the Missouri State High School Activities Association (MSHSAA) will be permitted in accordance with the rules established by MSHSAA. Students in foster care are automatically eligible for participation in the district’s free nutrition program. Graduation In order to facilitate timely graduation of students in foster care, the district will: 1. Waive specific courses required for graduation if similar course work has been
satisfactorily completed in another school. If such course work is not waived, the district will provide reasonable justification for the denial.
2. Accept the results of exit exams, end-of-course exams, nationally norm-
referenced tests or alternative testing from another school to satisfy district testing requirements related to graduation.
3. Accept for credit full or partial course work completed at the previous school
attended in accordance with district policy. If a student in foster care who enrolls in the district at the beginning of or during his or her senior year cannot meet the district's graduation requirements by the end of the senior year, even after all alternatives have been considered, the liaison will contact the
CONSENT: Below are MSBA’s recommended revisions to Policy IGBE to align with current federal and state law. Recommendation: Amend current Policy IGBE to incorporate recommended revisions from MSBA. ----------
5
student’s previous district to determine whether if the student is eligible to receive a diploma from the previous school. The Park Hill School District will award a diploma to students in foster care who transfer out of the district at the beginning of or during the senior year if, considering all courses, tests and attendance at the school to which the student transferred, the student has met the Park Hill School District’s graduation requirements. Park Hill School District, Platte County, MO
CONSENT: Below are recommended revisions to Policy IGC from MSBA, with additional revisions from General Counsel (highlighted). Language regarding instructional interventions is being moved to other policies, and language regarding summer school has been updated. Recommendation: Amend current Policy IGC to incorporate recommended revisions from MSBA. ----------
1
Section: Instructional Program Title: Extended Instructional Programs
Individuals with Disabilities Education Act, 20 U.S.C. Sections 1400-1417 34 C.F.R. Part 300 No Child Left Behind Act of 2001, 20 U.S.C. Sections 6301-7941
Adopted: May 12, 2016 Revised: ______________ The Park Hill School District shall attempt to provide continuous progress in education to fit the needs of individuals of the community. In meeting these needs, the district may provide programs beyond those offered during the regular school day. The district will pursue all available state or federal aid for its extended instructional programs. Adult Education The Board may provide school facilities for the purpose of maintaining and expanding programs and services for persons interested in adult education. Such programs shall be commensurate with the needs of the community. The Board may provide administrative, ancillary and other supportive services needed to enhance the quality of the adult education program; however, the program shall be provided only out of revenue derived by the school district from sources other than state appropriations. Early Childhood The Board recognizes the critical importance of the early years in determining the educational development of children and, insofar as resources permit, encourages
programs designed to help meet the physical, emotional, social and intellectual needs of preschool- age children. The district will provide services to students with disabilities beginning at age three in accordance with the Individuals with Disabilities Education Act (IDEA) and as required by other applicable law.
CONSENT: Below are recommended revisions to Policy IGC from MSBA, with additional revisions from General Counsel (highlighted). Language regarding instructional interventions is being moved to other policies, and language regarding summer school has been updated. Recommendation: Amend current Policy IGC to incorporate recommended revisions from MSBA. ----------
2
Extended School Year Extended school year (ESY) services may be necessary to provide a child with a disability a free and appropriate public education pursuant to law. A student's individualized education program (IEP) team will determine whether ESY services are necessary and the length, nature and type of services to be provided. Extended-Day Child CareChildcare The district may establish before- and after-school child carechildcare programs for
students and may charge a fee for such programs. Reading Improvement Instruction (Grades K-3) As allowed and/or required by law and in accordance with policy IGAB, the district will implement programs of reading improvement instruction that may take place outside the regular school day. The district may provide a program of reading improvement instruction for students in kindergarten through third grade who do not meet the district's objectives for reading. Students receiving such instruction can be counted toward additional average daily attendance for extra hours of instruction falling outside the traditional school day. Reading Improvement Instruction (Grades 3-6) The district will administer reading assessments and implement reading improvement plans for students in grades three through six in accordance with law. Reading improvement plans will include at least 30 hours of additional reading instruction or practice outside the regular school day. Remediation as a Condition of Promotion The district may operate remediation programs outside the regular school day, including during summer school, as described in policy IGAB. The district requires remediation as a condition of promotion to the next grade level for any student identified by the district as failing to master skills and competencies established for that particular grade level. The superintendent or designee shall determine which skills and competencies must be mastered, how they are to be
assessed and what remediation is appropriate. The district may operate remediation programs outside the regular school day, including summer school. Such remediation shall recognize that different students learn differently and shall employ methods designed to help those students achieve at high levels. The district will pursue all available state or federal aid for such programs.
CONSENT: Below are recommended revisions to Policy IGC from MSBA, with additional revisions from General Counsel (highlighted). Language regarding instructional interventions is being moved to other policies, and language regarding summer school has been updated. Recommendation: Amend current Policy IGC to incorporate recommended revisions from MSBA. ----------
3
Summer School The district may offer summer school programs for the enrichment of district students and may also offer a pre-kindergarten summer school program for students who will reach the age of five before August 1 of the school year beginning in that calendar year. The district shallIn accordance with law, the district will establish a summer school program for reading instruction with a minimum of 40 hours of reading instruction and practice for all students with a reading improvement plan. The district may offer a pre-kindergarten summer school to students who will reach the age of five before August 1
of the school year beginning in that calendar year.who have a reading improvement plan. Summer school may also be utilized for remediation as a condition of promotion. Violence Prevention The district may provide a violence prevention instructional program. The program shall instruct students ofon the negative consequences of membership in or association with criminal street gangs or street gang activity, encourage nonviolent conflict resolution of problems facing youth, present alternative constructive activities for the students and encourage community participation in program instruction. The program shall be administered as appropriate for different grade levels and shall not be offered for academic credit. The district will contact the Department of Elementary and Secondary Education for guidance in establishing a violence prevention instructional program and will apply for any available state or federal aid. Park Hill School District, Platte County, MO
Regulations
and
Forms
For Information Only: Rescind current Regulation IGBA-R1 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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Section: Instruction Title: Programs for Students with Disabilities (Initial Identification of Students
Who May Require Special Education Services) Number: IGBA-Rl Adopted: May 8, 2014 Definitions Child with a Disability- A child who has been evaluated in accordance with the provisions of the Individuals with Disabilities Education Act (IDEA) and is determined
eligible as a child with intellectual disabilities, a hearing impairment, a speech or language impairment, a visual impairment, a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, and other health impairment (OHI), a specific learning disability, deaf-blindness or multiple disabilities, and who, by reason thereof, needs special education and related services. A child who only needs a related service but not special education is not a child with a disability but may be a child in need of accommodation under Section 504 of the Rehabilitation Act of 1973 (Section 504). Individualized Education Program (IEP) - A written statement composed of all mandated components that is developed, reviewed and revised in accordance with provisions of the IDEA for a child with a disability. Related Services - Transportation, developmental, corrective or other services needed to assist a child with a disability to benefit from special education. Related services include speech-language pathology and audiology services, physical and occupational therapy, psychological services, recreational therapy, and counseling services. The term also includes school nurse services designed to enable a child with a disability to receive a free and appropriate public education as described in the student's IEP, school-based social services and parent counseling and training. The term may also include other services not described here. Related services do not include surgically implanted devices or the replacement of those devices. Parent - A biological, adoptive or foster parent; a guardian; an individual with whom the child lives who is acting in place of a biological or adoptive parent; an individual who is legally responsible for the child's welfare; or an individual assigned as a surrogate or legal education decision maker in accordance with law. Director - Special education director or the individual designated by the district to be responsible for implementation of special education in the district and management of the associated records in accordance with the IDEA and all applicable state laws and regulations. Referral
For Information Only: Rescind current Regulation IGBA-R1 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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A parent of a child, the district or any state agency may request an initial evaluation. Any person receiving such a request will immediately notify the director or designee. The referral shall be documented in accordance with the Missouri State Plan for Special Education, and the director will provide procedural safeguards to the parents within five days of receiving the request. Upon receiving the referral, the director or designee will notify a group of individuals meeting the requirements of an IEP team, and other qualified professionals as appropriate, to review all relevant existing evaluation data on the child including: 1. Previous evaluations, if applicable. 2. Information provided by the parents of the child. 3. Performance on current classroom-based assessments and observations.
4. Performance on statewide assessments. 5. Observations by teachers. 6. Observations by related service providers, if available and applicable. The review shall be documented according to the Missouri State Plan and may be conducted without a meeting. The director or designee will consult with the appropriate personnel to determine whether an evaluation is necessary and notify the parents of this determination. This notice will be provided in the native language of the parents unless it is clearly not feasible to do so. A copy of the notice will be placed in the student's file. Should the district determine that an evaluation is not warranted, this notice will include: 1. A description of the basis of the referral. 2. An explanation of why the district has refused to do an evaluation. 3. A description of the other options considered and the reasons those options were rejected. 4. A description of the information considered in making the determination. 5. A description of any other factors pertinent to the decision. 6. A statement that the parents of a child with a disability have certain procedural safeguards and other rights and how a copy of those can be obtained, or a copy of a document that integrates the procedural safeguards and other rights available to parents of a child with a disability. 7. Sources a parent can contact to obtain assistance in understanding this notice. Should the district determine that an evaluation is warranted, this notice will include: 1. A description of the basis of the referral. 2. An explanation of why the district proposes to evaluate the student.
For Information Only: Rescind current Regulation IGBA-R1 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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3. A description of the other options considered and the reasons those options were rejected. 4. A description of the information considered in making the determination. 5. A description of any other factors pertinent to the decision. 6. An explanation of the evaluation process. 7. A copy of the procedural safeguards and "The Parents' Bill of Rights" or a document that integrates the procedural safeguards and "The Parents' Bill of Rights." 8. Sources a parent can contact to obtain assistance in understanding this notice.
9. A request for consent from the parents for evaluation. Consent for Evaluation The district will obtain informed consent from the parents before performing any initial evaluation. If the parent does not consent or there is no response to the request for consent to an initial evaluation, the district may make recommendations based on existing data, request mediation or pursue due process. After obtaining informed consent to perform an initial evaluation of the child, the district will perform the evaluation in accordance with law. Evaluation All initial evaluations and re-evaluations will meet the following requirements: 1. Test and evaluation materials used will be nondiscriminatory and administered in a language and form most likely to yield an accurate assessment of the child's academic, developmental and functional levels unless clearly not feasible to do so. 2. A variety of materials and procedures will be used, including information provided by the parent that will enable the district to determine whether the child is a child with a disability and, if so, the content of the child's IEP. 3. All standardized tests given to the child will have been validated for the specific purpose for which they are used, will be technically sound, properly administered by trained personnel under standard conditions, and tailored to assess specific educational needs. Should tests be administered under less than standard conditions, a description of the reasons and qualifications of the person administering the test will be provided. 4. A variety of evaluation materials will be used so that no single procedure is the sole criterion for placement, the child is assessed in all areas related to the suspected disability, and the evaluation is sufficiently comprehensive to identify the child's special education and related service's needs.
For Information Only: Rescind current Regulation IGBA-R1 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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If a child transfers from another district during the school year, evaluation procedures and assessments will be coordinated with any used at the previous school to ensure prompt completion of a full evaluation. A child with disabilities will be evaluated pursuant to these procedures before determining that the child is no longer eligible for special education services except when the termination of services is due to graduation with a regular diploma or exceeding the age eligibility for a free appropriate public education under state law. Eligibility Upon completion of the administration of assessments and other evaluation measures, a group of qualified professionals and the parent of the child will determine whether
the child is a child with a disability. Should the child be determined to be eligible for special education, the parents will be provided a copy of "The Parents' Bill of Rights" or a document that integrates "The Parents' Bill of Rights," and an IEP will be developed according to law. The IEP may be developed at the same meeting where eligibility is determined if the appropriate personnel are present. A child shall not be determined to be a child with a disability if: 1. The determining factor is lack of appropriate instruction in reading, including essential components of reading instruction as defined by the Elementary and Secondary Education Act (ESEA), lack of instruction in math or limited English proficiency. 2. The child does not otherwise meet the eligibility criteria for a child with a disability pursuant to law. Eligibility: Specific Learning Disability The district uses a discrepancy model to identify students with specific learning disabilities. IEP Development IEP team members include: 1. The parents. 2. At least one regular education teacher. 3. At least one special education teacher. 4. A qualified representative of the local education agency (LEA). 5. An individual who can interpret the evaluation results. This individual may also serve on the team in another capacity.
For Information Only: Rescind current Regulation IGBA-R1 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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6. At the discretion of the parent or the district, any other individuals who have knowledge or special expertise regarding the child. The party who invited the individual will determine whether the individual has helpful knowledge or expertise. 7. The child, if appropriate. All members of the IEP team must attend all meetings except that a member of the IEP team: 1. Is not required to attend the meeting, in part or whole, if the parents and director agree in writing that attendance is not necessary because the member's area of curriculum or related service is not being modified or discussed. 1. May be excused from attendance, in part or whole, even when the member's area of
curriculum or related service is involved if the parent and director consent and the member submits written input prior to the meeting. ·A parent's agreement and consent shall be in writing. The IEP team will be responsible for initial IEP development, annual review and revision of the IEP, and change of placement decisions. Manifestation determinations will not be made by the IEP team but by representatives of the district, parents and relevant members of the IEP team as determined by the parent and the district. When making changes to the child's IEP after the annual IEP meeting, the director or designee and the parents can agree in writing not to convene an IEP meeting, but instead develop a written document to amend or modify the current IEP. Any modification or amendment made in this or any other manner may be done by amending the IEP rather than drafting an entirely new document. Upon request, the parents will be provided a revised copy of the IEP with the amendments incorporated. IEP meetings may be held by alternative means such as video or audio conferences if the parents and the director or designee agree to do so in writing. Transfers If a child has an IEP in effect and transfers to and enrolls in the Sample R-I from another district in Missouri during the same academic year, the district will implement the IEP currently in effect exactly as it is written. Alternatively, after consultation with .the parents, the district will provide a free and appropriate public education including services comparable to those provided at the previous district until such time as the IEP team meets and adopts the previously held IEP or develops, adopts and implements a new IEP. If a child has an IEP in effect and transfers to and enrolls in the Sample R-I from a different state during the same academic year, .the district will implement the IEP currently in effect exactly as written. Alternatively, after consultation with the parents, the district will provide a free and appropriate public education including services comparable to those provided in the previous state until such time as the district
For Information Only: Rescind current Regulation IGBA-R1 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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determines whether the child is a child with a disability eligible for special education services and, if appropriate, conducts a new evaluation or develops a new IEP. Placement The IEP team is responsible for all placement and/or change of placement decisions unless otherwise permitted by law. The team will place the child in the least restrictive environment that meets the child's educational needs. To the maximum extent appropriate, children with disabilities will be educated with children without disabilities and will be removed from the regular educational setting only to the extent necessary to provide satisfactory services. Records
Educational records, including an IEP, are confidential and will be disclosed only to employees of the district to the extent that they have a legitimate need to access them. The IEP will be accessible to each regular education teacher, special education teacher, related service provider and other service providers who are responsible for its implementation. Individuals who access or are provided a copy of any portion of these records will be advised that the records are confidential and are not to be shared except as allowed or required by law. The director or designee will promptly obtain the records, including the IEP, for any child enrolled in the district who previously attended school in another district. Parents will be notified of their right to inspect, review and amend educational records pertaining to their child and will be informed of their location. The director or designee will maintain a record of all parties, except the parents and authorized employees of the district, who access these records that will include the name of the party accessing the record, the date accessed and the purpose for which that party is authorized to access the record. Park Hill School District, Platte County, MO
For Information Only: Amend current Regulation IGBA-R2 (now reclassified as
Administrative Procedure IGBA-AP2) as recommended by MSBA to improve clarity.
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1
Section: Instruction Title: PROGRAMS FOR STUDENTS WITH DISABILITIESSpecial Education
(Evaluation Criteria for District and Independent Evaluations) Number: IGBA-RAP2 Adopted: May 8, 2014 Revised: _____________ The pParents/Guardians of a student with a disability who disagree with the district’s evaluation of the student may obtain an independent evaluation of the student at public expense, subject to the same qualifications the Park Hill School District uses when it initiates an evaluation, if the parent disagrees with the district's evaluation of the student. A parent/guardian is entitled to only one independent educational evaluation (IEE) at district expense each time the district conducts an evaluation with which the parent/guardian disagrees. An IEE is an evaluation conducted by a qualified examiner who is not employed by the district. If a parent/guardian requests an independent educational evaluationIEE at public expense, the district must either initiate a due process hearing to demonstrate that its evaluation is appropriate or ensure that an independent evaluation , within the following criteria,that meets the criteria listed in this procedure is provided. The district will provide all parents a listing of the following evaluator qualifications at their request. Notice and Explanation The district requests that the parents/guardians notify the special education director or designee that they are seeking an independent evaluation before an IEE is conducted, but such notification is not required. The special education director will ask the parents/guardians to explain why they object to the district's evaluation, but such explanation is not required. Once notified, the special education director will provide the parents/guardians the district's criteria for IEEs and information on where an IEE may be obtained, so that the parent/guardian can select an IEE for which the district will pay.As a condition for payment, all evaluators must agree in writing to release their assessment information and results to the district prior to receipt of payment for services.
The following is a listing of the qualifications and criteria required for district and independent evaluations. If a student has unique circumstances that justify an evaluation that does not meet the following criteria, the district may grant exceptions.
For Information Only: Amend current Regulation IGBA-R2 (now reclassified as
Administrative Procedure IGBA-AP2) as recommended by MSBA to improve clarity.
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Minimum Qualifications for EvaluatorsCriteria for District and Independent Educational Evaluations District evaluations and IEEs must meet all requirements detailed in this section. The district will pay for IEEs only when these requirements are met. Criteria 1: Evaluator Qualifications
Type of Assessment
Qualifications
Intellectual/Cognitive
Licensed Psychologist, Certificated School Psychological Examiner, School Counselor, School Psychologist, or School Diagnostician
Adaptive Behavior
Licensed Psychologist, Certificated Special Education Teacher, School Psychological Examiner, School Counselor, School Psychologist or School Diagnostician
Academic Skills (Achievement)
Licensed Psychologist, Certificated. Special Education Teacher, School Psychological Examiner, School Counselor, or School Psychologist
Speech/Language Certificated or Licensed Speech/Language Pathologist
Social/Emotional Licensed Psychologist, Certificated Special Education Teacher, School Psychological Examiner, School Counselor.
Behavioral School Psychologist, or Social Worker
Vision & Visual Perceptual Licensed Ophthalmologist or Optometrist
Use of Residual Vision and Orientation/Mobility
Certificated Teacher of the Visually Impaired
Hearing & Auditory Perceptual Licensed or Certificated Audiologist
Health Licensed Physician
Motor Licensed Physical Therapist or Registered Occupational Therapist or Certificated Physical Education Teacher with Adaptive Physical Education
Coursework
Criteria 2: Evaluator Location Limitations for Evaluators
Evaluators used by the district, or utilized for independent evaluations, will must be located within 120 miles from the district’s central office. Evaluators outside this area will be approved only in exceptional circumstances.
For Information Only: Amend current Regulation IGBA-R2 (now reclassified as
Administrative Procedure IGBA-AP2) as recommended by MSBA to improve clarity.
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Criteria 3: Evaluation Cost LimitationsCost Guidelines for Evaluations The district will pay for IEEs only when they are obtained at or below the maximum cost listed in this subsection; however, the district will pay for an IEE that exceeds these limitations if the district determines that an appropriate IEE cannot be obtained within these limitations in light of the student's unique needs and other unique circumstances. As a condition for payment, all evaluators must agree in writing to release their assessment information and results to the district prior to receipt of payment for services. A comprehensive, independent evaluation will be limited to a total cost of $1,500. Single disciplinary evaluations will be limited to the following schedule: Comprehensive Evaluation $1,500 Academic Achievement $200-$400 Adaptive Behavior $100-$200 Assistive Technology $50-$75 Auditory Acuity $60-$150 Auditory Perception (CAP) $100-$150 Cognitive $300-$400 Health $50-$100 Neurological $500-$700 Motor $50-$250 Sensory-Motor Integration $200-$300 Speech/Language $200-$400 Social/Emotional/Behavioral $300-$400 Vision $60-$150 Functional Vision $60-$150 Transition $30-$50 Park Hill School District, Platte County, MO
For Information Only: Amend current Regulation IGBA-R3 (now reclassified as
Administrative Procedure IGB-AP1) as recommended by MSBA to align with current
federal law requirements and improve clarity.
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1
Section: Instruction Title: Programs forAccommodation of Students with Disabilities
(Section 504 and ADA Procedures) Number: IGBA-R3-AP1 Adopted: May 8, 2014 Revised: _____________
The purpose of this procedure is to assist district personnel in complying with the requirements of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA). In general, students with disabilities who qualify under Section 504 also qualify under the ADA, and this procedure is designed to identify those students in need of accommodation and provide them necessary accommodations. Definitions 504 Evaluation – A process where the 504 team determines whether a student has a disability and needs a 504 plan in accordance with Section 504. A 504 evaluation must draw on information from a variety of sources in the area or areas of concern. An evaluation must be conducted before the 504 team makes an educational placement or makes a significant change in the placement of a student. Evaluation may be based on existing information and observation or may include more formal assessment, including the administration of tests and other specialized evaluation instruments. 504 Plan or Accommodation Plan – A written document developed by the 504 team specifying the accommodations necessary to provide a free and appropriate public education to a student with disabilities in accordance with law. 504 Team – A multidisciplinary group consisting of two (2) or more persons who have knowledge of the student, the meaning of the evaluation data and the placement options. This group could include school employees, necessary professionals, the parent/guardian, or others who have knowledge of the student. The 504 team decides eligibility, the accommodations necessary to provide a student with disabilities a free and appropriate public education, and the placement of the student. Long-Term Suspension - Suspensions in excess of ten (10) consecutive school days, or suspensions in excess of ten (10) school days cumulatively in a school year where a pattern of suspension is created. In determining whether a series of suspensions has resulted in a significant change in placement, the district should consider the length of each suspension, the proximity of the suspensions to each other and the total amount of time the student is excluded from school. Accommodations – Modifications and related aids, benefits and services that will allow a student with disabilities an equal opportunity to participate in the district's programs.
For Information Only: Amend current Regulation IGBA-R3 (now reclassified as
Administrative Procedure IGB-AP1) as recommended by MSBA to align with current
federal law requirements and improve clarity.
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Major Life Activities – Include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. Major life activities also include the operation of major bodily functions including, but not limited to, the functions of the immune and reproductive systems; normal cell growth; digestive, bowel, bladder, neurological, brain, respiratory, circulatory and endocrine systems; and other major bodily functions. Parent -/Guardian – For the purposes of this procedure and related forms, a biological parent, guardian or person acting as a parent in the absence of a biological parent or guardian. A student who is 18 and otherwise competent assumes the rights of the parent.
Students with Disabilities – For the purposes of this procedure, students who have a physical or mental impairment that substantially limits one (1) or more major life activities. Substantially Limited – Unable to perform a major life activity that the average person in the general population can perform, or significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity. In determining whether a student is substantially limited in a major life activity: 1. The district will interpret "substantially limited" broadly, in favor of expansive
coverage. 2. Determinations about whether a disability that is episodic or currently in
remission would substantially limit a major life activity will be made as if the disability were currently active.
3. Except for ordinary glasses and contacts, the district will not consider the
ameliorative effects of mitigating measures such as medications, assistive technology, auxiliary aids, prosthetics, hearing aids, cochlear implants, mobility devices or oxygen therapy when determining whether a disability substantially limits a major life activity.
General The district does not discriminate against persons with seeks to identify and evaluate
students who may have disabilities, nor against those who have a record of such an impairment or are regarded as having such an impairment.defined by Section 504 and the ADA. The district seeks to identify, evaluate and will provide free and appropriate educational services to all qualified students with disabilities within the definitions of Section 504 and the ADA.a free and appropriate public education as required by law. No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination
For Information Only: Amend current Regulation IGBA-R3 (now reclassified as
Administrative Procedure IGB-AP1) as recommended by MSBA to align with current
federal law requirements and improve clarity.
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3
under any district program, including nonacademic services and extracurricular activities. This procedure will not be applied to students with disabilities who are eligible for services under the Individuals with Disabilities Education Act (IDEA). Those students will receive services in accordance with the IDEA, regulations interpreting the IDEA, the Missouri State Plan, and district policies and procedures implementing the IDEA. Compliance Officer The district's compliance officer designated in policy AC is also the district's 504 and ADA compliance officer.
Identification The district will take measures to identify and locate every student with disabilities and take steps to notify the students and their parents/guardians of the district's obligations to provide the student education and accommodations, if necessary. District staff will contact the district's compliance officer or designee immediately when: 1. Due to a student's medical condition or impairment, a parent/guardian asks for
a change of schedule, change of facilities or other accommodation that is not routinely provided to students.
2. A parent/guardian notifies the district that a student has a medical condition or
impairment that could require accommodation. 3. Based on a student's medical condition or impairment, a teacher, nurse or other
employee recommends an accommodation that may be necessary for the student to participate in the district's programs.
Evaluation The district will conduct a 504 evaluation of any student who needs or may need accommodation due to a disability before making an educational placement or making a significant change in the placement of the student. Once notified and provided information that a student may have a physical or mental impairment that could qualify as a disability, the compliance officer or designee will organize a 504 team. The compliance officer or designee will contact the
parent/guardian and the classroom teacher(s) for additional information for the 504 team to consider and will provide the parent/guardian and/or student a copy of the procedural safeguards and notice of evaluation. The compliance officer or designee will obtain written consent for any additional formal assessment. If the parent/guardian refuses to consent, the district may request a due process hearing as described below.
For Information Only: Amend current Regulation IGBA-R3 (now reclassified as
Administrative Procedure IGB-AP1) as recommended by MSBA to align with current
federal law requirements and improve clarity.
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4
The 504 team will meet to examine the existing information and determine whether additional information or testing is necessary and, if so, what information should be obtained before making a decision. The compliance officer or designee will assist the 504 team in obtaining additional information. The compliance officer or designee is responsible for ensuring that: 1. Tests and other evaluation materials have been validated for the specific purpose
for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer.
2. Tests and other evaluation materials include those tailored to assess specific
areas of educational need and not merely those that are designed to provide a single general intelligence quotient.
3. Tests are selected and administered so as to best ensure that when a test is
administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student's aptitude, achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual or speaking skills (except where those skills are the factors that the test purports to measure).
Eligibility The 504 team will decide if the student is eligible for accommodations under the law. To be eligible as a student with a disability, the student must have a physical or mental impairment that substantially limits one (1) or more major life activities. Not all students with medical impairments are eligible as disabled under the law. In interpreting evaluation data, determining eligibility, and making placement decisions, the 504 team shall: 1. Draw upon information from a variety of sources, including aptitude and
achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior.
2. Ensure that information obtained from all such sources is documented and
carefully considered. 3. Make a placement decision that complies with the law. When making a determination, the 504 team will consider the effect the impairment has on the student's performance in comparison with children at the same age or grade in
the general population. The 504 team will not consider mitigating measures except for ordinary eyeglasses or contacts. Once the 504 team determines whether the student is eligible, the district will notify the parents/guardians of the decision in writing and will document the reasons for the decision. If the 504 team determines that the student has a disability as defined in law, the 504 team will determine educational placement.
For Information Only: Amend current Regulation IGBA-R3 (now reclassified as
Administrative Procedure IGB-AP1) as recommended by MSBA to align with current
federal law requirements and improve clarity.
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5
Educational Placement The 504 team will decide the educational placement necessary to provide a free and appropriate public education. The accommodations or services determined necessary by the 504 team and the details regarding those accommodations will be recorded in the 504 plan, provided to the parents/guardians in writing and maintained by the district. Information regarding the 504 plan will be provided to all district staff as necessary to ensure that the accommodations are provided to the student. Accommodations will include, but are not limited to, the following: 1. Academic Setting – Students with disabilities must be educated to the maximum
extent appropriate in the regular education environment with students who do
not have disabilities, unless it is demonstrated by the district that an appropriate education cannot be achieved in the regular environment with the use of supplementary aids and services. This may require modifications to desks, seating arrangements, methods of communication or flexibility to leave the room.
2. Nonacademic Setting – Students with disabilities will have the same opportunity
to participate in nonacademic activities and services (including meals, recess periods, counseling opportunities and other services) as students without disabilities and will participate in those activities and services with students without disabilities to the maximum extent appropriate.
3. Facilities Accommodation – The district must provide facilities to students with
disabilities that are comparable to the facilities provided to students without disabilities. Students must have access to restroom facilities, cafeterias, playgrounds and classrooms. When the 504 team places a student in a setting other than the regular educational environment, it must take into account the proximity of the alternate setting to the student's home.
4. Transportation – Students with disabilities will be provided appropriate
transportation at a cost that is no greater cost than the cost of transportation provided to students without disabilities.
Extracurricular and Nonacademic Services The district shall provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford students with disabilities an equal opportunity for participation in such services and activities. These services may include, but are not limited to: personal, academic or vocational counseling; athletics; transportation;
health services; recreational activities, special interest groups or clubs; referrals to agencies; and employment of students, including employment by the district or assistance in outside employment. Students with disabilities may participate in physical education and athletic activities to the same extent as students without disabilities. The district may offer students with disabilities physical education and athletic activities that are separate or different from those offered to students without disabilities when necessary; however, no qualified student with a disability will be
For Information Only: Amend current Regulation IGBA-R3 (now reclassified as
Administrative Procedure IGB-AP1) as recommended by MSBA to align with current
federal law requirements and improve clarity.
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6
denied the opportunity to compete for teams or to participate in courses that are not separate or different. Preschool, Summer School and Adult Education The district will not exclude qualified students with disabilities from preschool, summer school or adult education and will take into account the needs of the students in determining the aids, benefits or services to be provided. Re-Evaluation A student with disabilities receiving accommodations under this procedure will be re-evaluated minimally every three (3) years and before making any significant change in
placement. The compliance officer will provide the parent/guardian and/or student a copy of the procedural safeguards at the time of the re-evaluation. The scope and extent of the re-evaluation will be determined by the 504 team. The compliance officer or designee will obtain written consent for formal assessment for a re-evaluation unless the district takes reasonable measures to obtain consent from the parent and the parent does not respond. If the parent refuses to consent, the district may request a due process hearing as described below. Access to Records Parents/Guardians will have an opportunity to examine all relevant records, including personally identifiable education records, in accordance with law and as outlined in Board policy and district administrative procedures. Parental Involvement The district will involve parents/guardians throughout the accommodation process. The compliance officer or designee will provide notice to parents/guardians before conducting an initial evaluation of a student. The parents/guardians will be invited to participate in the eligibility determination meeting and any meeting during which their child's program is designed and placement is determined, but their participation is not required. Disciplining Students with Disabilities Students who qualify for accommodation under Section 504 cannot receive a long-term suspension or be expelled for behavior that is a manifestation of the disability. Before a student may serve a long-term suspension, the 504 team must meet and review the
behavior subject to disciplinary action, along with current information regarding the disability, to determine whether the student's actions were a manifestation of the disability. If the behavior was not a manifestation of the student's disability, the student may be suspended and will only receive educational services to the extent that educational services are provided to students without disabilities during a suspension. If the behavior was a manifestation of the disability, the district cannot suspend the student, and the 504 team must determine whether the current educational placement
For Information Only: Amend current Regulation IGBA-R3 (now reclassified as
Administrative Procedure IGB-AP1) as recommended by MSBA to align with current
federal law requirements and improve clarity.
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7
is appropriate. The district will provide students and their parents a copy of the district's procedural safeguards at the time any long-term suspension is imposed. Students with disabilities will be disciplined in accordance with policy JGE and the accompanying procedures. Grievance Procedures All complaints alleging discrimination, violation of law or failure to follow district policies or procedures regarding the education or accommodation of students with disabilities will be made to the compliance officer and will be investigated immediately. The district will use the grievance procedure outlined in policy AC. Complaints may be made at any time to the U.S. Department of Education, Office for Civil Rights.
Impartial Due Process Hearing In the event the parent/guardian or district wishes to contest an action with regard to the identification, evaluation or placement of a student with a disability under law, either party may initiate a due process hearing. The district may do so by notifying the parent/guardian in writing. The parent/guardian may do so by notifying the district's compliance officer in writing. The request for a due process hearing must be made within 30 days of the action the parent/guardian or district wishes to contest and include a detailed statement as to the nature of the dispute. Both parties will have the opportunity to participate in the hearing and to be represented by counsel. The district will immediately secure the services of an impartial hearing officer. The hearing officer will set a date for the hearing and may request additional clarification from either party as to the nature of the dispute. The hearing officer has the authority and the responsibility to create reasonable rules governing the hearing to ensure that relevant information is presented, but that a decision is made as expeditiously as possible. The hearing officer will provide each party a copy of the written decision within 15 calendar days after completion of the hearing. The decision is binding on both parties unless determined otherwise by a court of competent jurisdiction. Park Hill School District, Platte County, MO
For Information Only: Rescind current Regulation IGBA-R4 as recommended
by MSBA. This material is already covered by other documents, including the
Missouri State Plan for Special Education.
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1
Section: Instruction Title: Programs for Students with Disabilities (Students enrolled in
Private Schools) Number: IGBA-R4 Adopted: May 8, 2014 Definitions Child or Student with Disabilities -- Students eligible for special education and
related services pursuant to Part B of the Individuals with Disabilities Education Act (IDEA) and applicable law. Parentally Placed Private School Children with Disabilities -- Children with disabilities enrolled in private schools or facilities by their parents. This does not include students placed in private schools or facilities when the local district's offer of a free appropriate education is rejected. Agency Placed Private School Children with Disabilities -- Children enrolled or referred to private schools or facilities by court order, by a state department or division or by the Park Hill School District. Approved Private School/Facilities -- Those facilities and schools approved by the Missouri State Board of Education to provide special education and related services. Private School -- Nonpublic secular, religious or home schools. Parentally Placed Private School Children Child Find In order to ensure the equitable participation of parentally placed private school children with disabilities in the district’s special education program and an accurate count of those children, the superintendent or designee will conduct a thorough and complete child find process to determine the number of parentally placed children with disabilities who are attending private schools located in the district after consultation with representatives from private schools and parents of parentally placed private school children with disabilities. The process will include publication prior to November 1 of each year of the district’s obligations under the IDEA in accordance with law and Board policies and procedures. The superintendent or designee will consult with representatives of private schools in the district to determine the best method for conducting the count, which will be taken between October 1 and December 1 of each year. This count will provide the basis for next year's obligation.
For Information Only: Rescind current Regulation IGBA-R4 as recommended
by MSBA. This material is already covered by other documents, including the
Missouri State Plan for Special Education.
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2
The superintendent or designee will maintain records of parentally placed private school children with disabilities, including an accurate count of such children and provide the Department of Elementary and Secondary Education (DESE) records concerning the number of parentally placed private school children evaluated, the number of those children determined to be children with disabilities and the number of children then served by the district. Consultation In order to ensure the timely and meaningful consultation with representatives from private schools and representatives of parents of parentally placed private school children required by law, the special education director will meet with
those representatives at least twice annually. These two (2) meetings will include discussion of: 1. The child find process, including how parents, teachers and private school
officials will be informed of that process and how students suspected of having a disability can participate equitably.
2. The proportionate share of funds available to serve parentally placed
private school children, including how the proportionate share was calculated.
3. How the consultation process involving the district, private school officials
and parents will work throughout the school year to ensure that parentally placed children with disabilities can meaningfully participate in special education and related services.
4. A plan for delivery of services, including how, where and by whom special
education and related services will be provided. The plan must include the types of services offered, whether the services will be provided directly or through an alternative delivery mechanism and how funds will be apportioned if insufficient. The plan must also specify how and when these decisions will be made.
5. An assurance that the district will provide a written explanation should
the district and private school officials disagree on the provision of services or types of services provided.
6. An explanation of how the consultation process will operate throughout the school year.
The private school official shall provide the district with a written affirmation that consultation has taken place. Should the private school officials fail to provide such affirmation at the conclusion of the meeting or within a reasonable time thereafter, the special education director will forward documentation of the consultation process to DESE.
For Information Only: Rescind current Regulation IGBA-R4 as recommended
by MSBA. This material is already covered by other documents, including the
Missouri State Plan for Special Education.
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3
Provision of Services No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services the child would receive if enrolled in a public school. However, pursuant to Board policy, the Park Hill School District will provide equitable special education and related services to eligible students to the extent required by state and federal law. The special education director or designee will direct the development and implementation of a service plan for eligible children in consultation with parents and representatives from the private school where the child attends. The service plan must, to the extent appropriate, be developed, reviewed and revised
consistent with the procedures used to develop, review and revise an Individualized Education Program (IEP), and a representative of the private school must be included. Services may be provided directly by the Park Hill School District or through an individual, association, agency, organization or other entity through contract with the Sample R-I. Personnel providing services by contractual arrangement will meet the same certification standards as district personnel. Service plans will, to the extent appropriate, meet the same standards as an IEP. Services will be provided at the district or at a neutral local site determined by the district in consultation with the parents and representatives of the private school. The Missouri State Plan for Special Education prohibits the provision of services, equipment and personnel on-site at a private school. If necessary to implement the service plan, the district will provide transportation from the child's private school to the site where services will be provided or from the services site to the child's private school. Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, will be secular, neutral and nonideological. The district will spend an amount equal to a proportionate share of the federal money received by the district for provision of special education and related services. Complaint Resolution The district will make the final decision with respect to services provided.
However, if the district and private school representatives disagree regarding the provision of services, the district will provide a written explanation of its decision regarding services to the private school representatives. If private school representatives believe that the district has not engaged in timely, meaningful consultation or did not give due consideration to the views of private school representatives, the private school representatives may submit a complaint to DESE in accordance with law.
For Information Only: Rescind current Regulation IGBA-R4 as recommended
by MSBA. This material is already covered by other documents, including the
Missouri State Plan for Special Education.
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4
The due process procedures provided to students with disabilities in public schools do not apply to complaints brought by parentally placed private school children with disabilities unless the complaint relates to child find activities. Children Placed in or Referred to Private Schools/Facilities A child with a disability placed in or referred to an approved private school or facility by the state or the Park Hill School District as a means of providing special education and related services will be provided a free and appropriate public education, including special education and related services, by the district where the private school or facility is located in accordance with the child’s IEP and at no cost to the child’s parents. A representative of the school or facility where the child is enrolled will be a member of the IEP team.
These children are subject to the same policies, procedures and practices as other students with disabilities served in district facilities. Children Enrolled in Private Schools by Their Parents as a Rejection of the District’s Offer of a Free and Appropriate Public Education The district is not responsible for the cost of special education and related services for eligible children in situations where the district has offered a free and appropriate public education but the parents have rejected that offer and elected to place the student in a private school without district referral or consent. A parent may seek reimbursement for the cost of private school placement by utilizing due process procedures. Park Hill School District, Platte County, MO
For Information Only: Rescind current Regulation IGBA-R5 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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1
Section: Instruction Title: Programs for Students with Disabilities (Surrogate Parents) Number: IGBA-R5 Adopted: May 8, 2014 The special education director will be responsible for overseeing the surrogate parent program in the district or will notify the Division of Special Education of the Department of Elementary and Secondary Education (DESE) in writing of the responsible designee.
Definition Surrogate Parent (Educational Surrogate) - Fills the role of a parent for a student with a disability whenever decisions are made about the student's educational placement and program. Appointment of Surrogate Parents District staff members will immediately notify the special education director when they suspect or are advised that a student with a disability who may be eligible for or receiving services from the district pursuant to Part B of the Individuals with Disabilities Education Act (IDEA) may be in need of a surrogate parent to assist in the placement and educational program of the student. A surrogate parent is required when the student:
Has no identified parent, guardian or person acting as a parent.
Has parents who, after reasonable efforts, cannot be located by the district.
Is a ward of the state and is living in a facility or group home and not with a person acting as a parent.
Is an unaccompanied homeless youth as defined in federal law. Within 30 days after the enrollment of a student with a disability or a student who is suspected of having a disability or of a district receiving notice that a student with a disability within its jurisdiction may be in need of a person to act as a surrogate parent,
the special education director will determine whether a surrogate parent should be appointed. If it is determined that the student needs a surrogate parent, the special education director will document the date of the determination by the district. A request for the appointment of a surrogate parent shall be made on the appropriate DESE form and sent to the Division of Special Education within ten (10) days of the director's determination of need.
For Information Only: Rescind current Regulation IGBA-R5 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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2
Evaluation of Surrogate Parents DESE will notify the special education director when an evaluation of each surrogate parent serving in the district is required and provide the special education director with the necessary form. The special education director will complete the evaluation and return it to DESE. Termination of Surrogate Parents A surrogate parent appointment may be terminated by DESE's Division of Special Education at the request of the surrogate or when:
The conclusion of the initial educational evaluation indicates that the student does not qualify for special educational services pursuant to IDEA.
The student’s parent or guardian reappears to represent the student, or the wardship is terminated.
The student is assigned a foster parent.
The student is no longer in need of special education services.
The student reaches the age of majority.
The surrogate parent fails to fulfill his or her obligations as defined by state and federal law.
The student graduates or reaches the age of 21, whichever comes first. Additional Responsibilities The special education director will assist DESE in recruiting surrogate parent volunteers; submit names and addresses of potential volunteers to DESE; and be available to assist DESE with local surrogate parent training. The special education director will annually provide information on the surrogate parent program to building administrators, special education case managers and other persons deemed appropriate. At a minimum, the information presented will include: 1. An explanation of the process for identifying the need for appointment of a
surrogate parent, including the specific responsibilities of district personnel. 2. Eligibility criteria for a child in need of a surrogate parent. 3. An explanation of the process of appointment of a surrogate parent, including
forms and timelines.
For Information Only: Rescind current Regulation IGBA-R5 as recommended by
MSBA. This material is already covered by other documents, including the Missouri
State Plan for Special Education.
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3
4. The qualifications and duties of a surrogate parent. 5. The district's responsibilities with regard to surrogate parents, including
completion of a surrogate evaluation. 6. An explanation of the process of terminating a surrogate parent appointment. Park Hill School District, Platte County, MO
For Information Only: Amend current Regulation IGBA-R6 (now reclassified as
Administrative Procedure IGBA-AP1) as recommended by MSBA to align with current
guidance from DESE and improve clarity.
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1
Section: Instruction Title: Programs for Students with DisabilitiesSpecial Education
(Services for Incarcerated Youth) Number: IGBA-R6AP1 Adopted: May 8, 2014 Revised: _____________ Pursuant to law and Board policy, the district will provide a free and appropriate public education to students with disabilities between the ages of 3 and 21 who are residents
of the district, including students incarcerated in local, city or county jails. This procedure does not apply to students incarcerated in adult prisons under the supervision of the Missouri Department of Corrections, those in juvenile correction facilities under the supervision of the Missouri Division of Youth Services, or students whose education program is the responsibility of the Department of Mental Health. Definitions Child or Student with Disabilities – Students eligible for special education and related services pursuant to Part B of the Individuals with Disabilities Education Act (IDEA) and applicable law. Consent – Written consent from parents, a guardian, or the student if the student is 18. Facility – The local, city or county jail where the student is incarcerated. Incarcerated Youth - Children or students with disabilities who are in local, city or county facilities. Incarcerated youth do not include students incarcerated in adult prisons under the supervision of the Missouri Department of Corrections, those in juvenile correction facilities under the supervision of the Missouri Division of Youth Services, or students whose educational program is the responsibility of the Department of Mental Health. Procedures Any district employee who learns that a student with a disability has been incarcerated in a local, city or county jail will notify the special education director or designee.
Additionally, any time When a student with a disability is absent for more than three (3) days and the district has not been informed of the reason for the absence, the student’s case manager, or building administrator if there is no case manager, will make every effort to ascertain information about the student’s absence.
For Information Only: Amend current Regulation IGBA-R6 (now reclassified as
Administrative Procedure IGBA-AP1) as recommended by MSBA to align with current
guidance from DESE and improve clarity.
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2
If the case manager or administrator learns that athe student has been incarcerated in a local, city or county jail, the case manager or administrator will notify the special education director or designee. After verifying that athe student is incarcerated, the special education director or designee will getobtain written consent from the parents/guardians (or the student if over 18) to reveal the student’s special education status to facility personnel as necessary to provide services while the student is incarcerated. If consent is not provided, the special education director or designee will document that refusal. If consent is provided, the Individualized Education Programindividualized education program (IEP) team will be convened to determine a method for providing special education and related services, including transition services if appropriate, to
the incarcerated student. The special education director or designee will contact the individual in charge of the facility where the student is incarcerated to getobtain written permission to provide educational services and arrange the details onof how those services will be delivered. If the student is incarcerated in a jail outside the district, the special education director may work with the school district in which the jail is located to provide services. If permission to provide service is denied by the facility representative, that denial will be documented, and the IEP team will convene to determine what, if any, compensatory services are required as a result. The school resource officer will be utilized when appropriate to locate incarcerated youth, contact facilities where students are incarcerated or assist in delivery of services. Students in Juvenile Facilities As part of its child-findChild Find responsibilities, the district will identify students in need of special education services who are being held in juvenile facilities within the district and provide free and appropriate education directly or by contract. Park Hill School District, Platte County, MO
For Information Only: Adopt MSBA’s recommended new Administrative Procedure
IGBE-AP1, which is based on DESE’s sample dispute resolution policy.
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1
Section: Instruction Title: Students in Foster Care
Number: IGBE – AP1 Adopted:
STUDENTS IN FOSTER CARE (Dispute Resolution Process) Definitions Parent – A legal, putative or biological parent. Disputant – A parent, as defined in this procedure, or the educational decision maker. Dispute Resolution Process A disputant may appeal placement and transportation decisions pertaining to foster care students by using the following procedure: 1. Any disputant who does not agree with the district's decision regarding the
placement of or transportation for a foster care student may initiate the dispute resolution process by notifying the foster care liaison (liaison) designated in policy IGBE.
The liaison will provide the following information in writing:
An explanation of the basis for the best-interest determination, transportation decisions or any other disputed issue.
An assurance that the student will continue to attend the school of origin, receiving all appropriate educational services, including transportation, until the dispute reaches its final resolution.
A copy of this procedure that details the district-level dispute resolution process.
Notice that the disputant may appeal the district's decision to the Department of Elementary and Secondary Education (DESE).
2. The disputant must file a written appeal by e-mail or by delivering the complaint
to any building in the district within ten days of receiving the information from the liaison. The written appeal will specify the nature of the complaint and will include the name and contact information of the disputant. If the appeal is submitted by e-mail, the subject line should include the words "Foster Care Appeal." All documents submitted in the dispute process must include the date
For Information Only: Adopt MSBA’s recommended new Administrative Procedure
IGBE-AP1, which is based on DESE’s sample dispute resolution policy.
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2
of the document. Any building that receives a complaint will immediately forward the complaint to the foster care liaison.
3. Upon receiving the written appeal, the liaison will arrange a conference between
the disputant and the superintendent or designee as soon as possible, but no later than ten days after the complaint is received. The student's case manager or point of contact will attend the conference, and the student will be included if appropriate. The superintendent or designee will be provided all documentation pertinent to the dispute. The superintendent or designee will provide the disputant and others who attended the conference a written decision, using the contact information provided in the appeal letter, within five days of the conference. The decision will include a copy of everything considered in the appeal, a written explanation of the decision and notice about appealing the decision to DESE.
Appealing the District's Decision to DESE The disputant may appeal the district's decision to DESE. 1. The disputant must inform the district liaison of the intent to appeal the
superintendent's or designee's decision to DESE within five days of receipt of the decision. If the disputant does not provide notice of the appeal within five days, the student will be enrolled and provided all appropriate educational services as determined by the district.
2. The disputant may submit an appeal of the district's decision to the State Foster
Care Coordinator (coordinator) for DESE at:
State Foster Care Coordinator/Point of Contact Federal Programs P.O. Box 480 Jefferson City, MO 65102-0480
The appeal must be in the form of a dated letter that includes the school in which enrollment is sought, the basis for seeking enrollment in that school and the name and contact information (phone, e-mail and mailing address) for the disputant. The letter must be submitted with a subject line that reads "Foster Child Appeal." The letter must also be submitted to the district superintendent via e-mail or delivered to any building in the district to the attention of the superintendent. Both letters must be submitted within five days of receiving the district's decision.
In addition to the letter, the disputant must provide DESE with the best-interest determination meeting notes and reports, a copy of the previous appeal letter submitted by the disputant and a copy of the district's decision.
3. The district has an additional five days from its receipt of the disputant's appeal
to submit its response to the appeal letter to the coordinator via e-mail with "Foster Child Appeal" in the subject line.
For Information Only: Adopt MSBA’s recommended new Administrative Procedure
IGBE-AP1, which is based on DESE’s sample dispute resolution policy.
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3
4. Documents submitted by either party after the applicable deadlines will not be
considered. 5. The student shall remain in the school of origin until the dispute reaches its final
resolution. The student shall be provided with all appropriate educational services for which the student is eligible during the dispute process. Students attending their school of origin during the pendency of the dispute will be entitled to receive transportation pursuant to the local transportation procedures developed collaboratively between the district and local child welfare agencies.
6. The appeal to DESE will be decided by a three-person panel that includes the
coordinator, another DESE staff member and a representative of the Children's Division of the Missouri Department of Social Services. The panel will make a final decision within 30 days of receipt of the dispute, although every effort will be made to resolve the complaint in the shortest possible time.
7. The coordinator will forward the final written decision to the disputant. The
written decision will include a copy of all the information considered by the panel and an explanation of how the panel reached that decision.
8. The panel will also notify the district superintendent, who will begin
implementing the panel's findings immediately. Park Hill School District, Platte County, MO
