Elementary Student/Parent Rights

The Board of Education declares it to be the policy of this district to provide an equal opportunity for all students, regardless of race, color, disability, religion, sex, ancestry, age, national origin, place of residence within the boundaries of the district, or social or economic background, to learn through the curriculum offered in this district.

Any person who believes that the school or any staff person has discriminated against a student has the right to file a complaint.  A formal complaint can be made in writing to the school district’s Civil Rights Coordinator or District Section 504/ADA Compliance Officer at: Dublin City Schools, 5175 Emerald Parkway, Dublin, OH 43017, phone (614) 764-5913.  Julie Moses and Michael Blake, Coordinators of Human Resources, are the district’s Civil Rights Coordinators.  The following individual serves as the District Section 504/ADA Compliance Officer:  Chris Ondrus (elementary and secondary schools; ondrus_chris@dublinschools.net).

Any complaint will be investigated and a response, in writing, will be given to the concerned person within 15 days.  The Civil Rights Coordinator and District Section 504/ADA Compliance Officer can provide additional information concerning access to equal education opportunities.  Under no circumstances will the district threaten or retaliate against anyone who raises or files a complaint.

(See related Policy #8330, “Student Records”)

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over eighteen (18) years of age (“adult students” or “eligible students”) certain rights with respect to the student’s education records.  On November 12, 2009, the Board of Education adopted a policy regarding the disclosure of education records and the rights of parents and students to access education records.  Copies of this policy and related guidelines are located in all school buildings and individual copies are available from the District’s Records Officer (“DRO”).  The DRO is responsible for the supervision of student records in the school and his/her office is located at 7060 Coffman Road, Dublin, OH or s/he can be reached by calling 614-760-4320.

Each student’s records will be kept in a confidential file located at the student’s school office.  The information in a student’s record file will be available for review only by the parents or legal guardian of a student, an adult student and those authorized by State and Federal law and Board policy/guidelines.  State and Federal law permits access by school officials who have a legitimate educational purpose.  School officials for purpose of the Board’s policy include a person employed by the Board as an administrator, supervisor, teacher/instructor (including substitutes), or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board; a person or company with whom the Board has contracted to perform a special task (such as an attorney, auditor, insurance carrier, medical consultant, or supplemental education service provider); a contractor, consultant, volunteer or other party to whom the Board had outsourced a service otherwise performed by Board employees (e.g. a therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks (including volunteers).  An individual will have a “legitimate educational purpose” if the record is necessary in order for the school official/employee to perform an administrative, supervisory, or instructional task, or to perform a service or benefit for the student or the student’s family.  The Board directs that reasonable and appropriate methods (including but not limited to physical and/or technological access controls) be utilized to control access to student records and to make certain that school officials obtain access to only those education records in which they have legitimate educational interest.

In addition to school officials with a legitimate educational purpose, the Board may disclose personally identifiable information from the education records of a student without obtaining prior written consent of the parents or the eligible student:

1. To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of 34 C.F.R. 99.34.

2. To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U. S. Secretary of Education, or State and local educational authorities, such as the Ohio Department of Education.  Disclosures under this provision may be made, subject to the requirements of 34 C.F.R. 99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.  These entities may make further disclosures of personally identifiable information to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.

3. In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.

4. To organizations conducting studies for, or on behalf of, the school, in order to: (1) develop, validate, or administer predictive tests; (2) administer student aid programs; or (3) improve instruction.

5. To accrediting organizations to carry out their accrediting functions.

6. To parents of an eligible student if the student is a dependent for IRS tax purposes.

7. To comply with a judicial order or lawfully issued subpoena.

8. To State and local officials or authorities in the juvenile justice system as it pertains to the system’s ability to effectively serve, prior to adjudication, the student whose records were released, upon certification that the information will not be unlawfully released to third parties.

9. To appropriate officials in connection with a health or safety emergency.

10. Information the school has designated as “directory information,” as defined below, and subject to the restrictions explained below.

A parent or adult student has the right to:

1. Inspect and review the student’s education records within forty-five (45) days after the school receives a request for access or within such shorter period as may be applicable to students with disabilities.  The school has a form that can be used to submit such a request.  The school principal is considered the Custodian of Records (“COR”) and will notify the parent or adult student of the time and place where the records can be inspected.  Parents and adult students are not permitted to inspect and review the education records of other students.  If there is a valid reason why a parent or adult student cannot personally inspect and review a student’s education records, or if the parent or adult student specifically requests copies of education records, the COR may arrange for copies of the requested records to be delivered to the parent or adult student directly.  The Board may charge a reasonable fee for the copying of records, which may be waived under circumstances of unusual hardship.

2. Request the amendment of the student’s education records if the parent or adult student believes the record is inaccurate, misleading, or otherwise in violation of the student’s privacy rights.  Parents or adult students who believe that a change is necessary should ask the COR to correct the record.  Such a request should be made in writing and should identify the part of the record they want changed, and specify why it should be changed.  If the record is not changed to the parent’s or adult student’s satisfaction or if the COR informs the parent or adult student that the record does not appear to be misleading, inaccurate, or in violation of any privacy right, the parent or adult student will be informed of his/her right to request a hearing.  The parent or adult student may submit a written request for a hearing.  A hearing officer who will submit his/her findings to the Superintendent will conduct the hearing.  The Superintendent will make the final decision concerning whether to change the record.  A parent or student who remains dissatisfied with the final decision of the Superintendent may request that an explanatory statement be placed in the student’s file explaining the basis for the disagreement.  The school has a form that may be used to identify which information in the record the parent or adult student believes is inaccurate, misleading, or a violation of the student’s privacy rights, and to specify why it is inappropriate.

3. Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that Federal and/or State law authorizes disclosure without consent (e.g. disclosure to school officials with legitimate educational interests).  The school’s AG 8330 describes those exceptions and is available upon request.  Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.

4. Challenge the Board’s noncompliance with a parent’s request to amend the records through a hearing.  If the COR decides not to amend the record, the parent or adult student will be so notified and provided the opportunity for a hearing.  Additional information concerning the hearing will be provided when the individual is notified of the opportunity for a hearing.  (See paragraph B above).

5. Obtain a copy of the District’s policy and administrative guideline on student records (Policy 8330 and AG 8330).

Directory Information

Both FERPA and Ohio’s Student Privacy Law (R.C. 3319.321) require that the Board, with certain exceptions, obtain a parent or adult student’s written consent prior to the disclosure of personally identifiable information about a student.  However, the Board may disclose appropriately designated “directory information” without written consent, unless the parent or adult student advises the Board to the contrary in accordance with District procedures.  The primary purpose of directory information is to allow the Board to include this type of information in certain school publications.  Examples include:  a playbill, showing a student’s role in a drama/musical production; the annual yearbook; honor roll or other recognition lists; graduation programs and sports activity sheets (e.g. showing weight and height of team members).  Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s or adult student’s prior written consent.  In addition, two (2) Federal laws require the District to provide military recruiters, upon request, with three (3) directory information categories, names, addresses, and telephone listings – unless parents or adult students have advised the District that they do not want their student’s information disclosed without their prior written consent.

Each year the District will provide public notice to students and their parents of its intent to make available, upon request, certain information known as “directory information.”  The Board designates as student “directory information”:  a student’s name; address; phone number; date and place of birth; major field of study; participation in officially-recognized extra-curricular activities and sports; height and weight, if a member of an athletic team; dates of attendance; (not including specific daily records of a student’s attendance); date of graduation; and honors and awards including honor rolls and scholarships.

The District will make the above information available upon a legitimate request unless a parent, guardian, or adult student notifies the school in writing within ten (10) days (refer to Policy 8330) from the date of this notification that s/he will not permit distribution of any or all such information.

Parents or eligible students who choose to prohibit the Board from disclosing any or all such directory information may not prevent the Board from requiring a student to wear, publicly display, or disclose a student ID card or badge that exhibits directory information.  Students enrolled in online courses or programs sponsored or conducted by the Board must disclose or permit the disclosure of the student’s name, identifier, or school email address in a class in which the student is enrolled.

Specific Events/Activities

The Protection of Pupil Rights Amendment (“PPRA”) requires the Board to notify parents and eligible students and obtain consent to allow parents or eligible students to opt the student out of participating in certain school activities.  These activities include a student survey, analysis, or evaluation that concerns one (1) or more of the following eight (8) areas (“protected information surveys”):

1. Political affiliations or beliefs of the student or the student’s parent;

2. Mental or psychological problems of the student or the student’s family;

3. Sex behavior or attitudes;

4. Illegal, anti-social, self-incriminating, or demeaning behavior;

5. Critical appraisals of other with whom respondents have close family relationship;

6. Legally recognized privileged relationships, such as those of lawyers, physicians, and ministers;

7. Religious practices, affiliations, or beliefs of the student or the student’s parent, and/or;

8. Income, other than as required by law to determine program eligibility.

This requirement also applies to the collection, disclosure or use of student information for marketing purposes (“marketing surveys”), and certain physical exams and screenings.

Parents have the right to inspect upon request a survey created by a third party before the survey is administered or distributed by the school to its students.  See Board Policy 2416 concerning the procedures for making such a request.

Parents have the right to inspect upon request any instrument used in the collection of personal information from students for the purpose of marketing or selling that information (or otherwise providing that information to others for that purpose) before the instrument is administered or distributed to the students.  See Board Policy 2416 concerning the procedures for making such a request.

Parents have the right to inspect upon request any instructional material used as a part of the educational curriculum for their student.  See Board Policy 2416 for the procedures for making such a request.

Any parent or student who believes that the school district has failed to comply with the Family Education Rights and Privacy Act (“FERPA”) or the Protection of Pupil Rights Amendment (“PPRA”), may file a complaint directly with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C.  20202-8520.

This Notice will be transmitted to disabled parents and students or to non-English speaking parents and students in a format designed to accommodate their disability or in their native language.  Call the Office of the Superintendent at 614-764-5913 for assistance and information.

[Please check the website, www.dublinschools.net, for any possible revisions to this administrative guideline made during the school year.]

In accordance with various Federal laws (including Section 504, the Americans with Disabilities Act of 1990, as amended ("ADA"), FERPA, and Title VII), the following procedural safeguards will be provided with respect to decisions or actions regarding the identification, evaluation, educational program or placement, or content of a Section 504 Plan of a student who is or may be disabled under Section 504, but not also disabled under the IDEIA:

1. students with disabilities have the right to take part in, and receive benefits from, public education programs without discrimination because of their disabilities;

2. parents have the right to be advised of their rights under Section 504;

3. parents have the right to receive written notice of any decision regarding the identification, evaluation, or educational placement of their child;

4. parents have the right to have their child receive a free appropriate public education ("FAPE") if the child has a physical or mental impairment that substantially limits one or more major life activities;

This includes the right to be educated with students who are not disabled to the maximum extent appropriate (i.e., the student’s education will be provided in the regular education classroom unless it is demonstrated that education in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily) and to receive regular or special education and related aids/services that are designed to meet the individual educational needs of students with disabilities as adequately as the needs of nondisabled students are met.

5. parents have the right to have their child educated in facilities with, and receive services comparable to those provided to, students without disabilities; 

6. parents have the right to have evaluation and educational placement decisions made based upon a variety of informational sources, and by persons who know the student, and are knowledgeable about the evaluation data and placement options;

7. parents have the right to have their child transported in a non-discriminatory manner;

If the District refers a student for aids, benefits, or services outside the District, the District will ensure that adequate transportation is provided at no greater cost to the parents than if the aids, benefits, or services were provided within the District.

8. parents have the right to place their child in a private school or alternative educational program;

However, if the District makes a FAPE available to the student that conforms to the requirements of Section 504 and nevertheless the parents choose to place the student elsewhere, the District is not required to pay for the student's education at the private school or alternative program, including costs associated with transportation.

9. parents have the right to have their child given an equal opportunity to participate in nonacademic and extracurricular activities offered by the District;

10. parents have the right to examine all relevant education records, including, but not limited to, those documents related to decisions regarding their child’s identification, evaluation, educational program and placement; 

11. parents have the right to obtain, at their own expense, an independent educational evaluation of their child;

12. parents have the right to obtain copies of education records at a reasonable cost unless the fee would effectively deny the parents access to the records;

13. parents have the right to a response from the District to reasonable requests for explanations and interpretations of their child’s education records;

14. parents have the right to receive all information in the parents' native language and mode of communication;

15. parents have the right to periodic re-evaluations and an evaluation before any significant change in placement;

16. parents have the right to request amendments of their child’s education record(s) if there is reasonable cause to believe that information contained in the record(s) is inaccurate, misleading or otherwise in violation of the privacy rights of their child;
    
    If the District refuses to amend the record(s), the parents have the right to request a hearing and/or to attach to the record(s) a statement of why they disagree with the information it contains.

17. parents have the right to request mediation or an impartial due process hearing related to decisions or actions concerning their child’s identification, evaluation, educational program or placement; 

18. parents have the right to file an internal complaint; 

19. parents have the right to be represented at any point in the process by an attorney; 

20. parents have the right to recover reasonable attorney fees as authorized by law (i.e., if the parents are successful on their due process claim);

21. parents have the right to be notified of their Section 504 rights, including, but not limited to:

    1. when the District does not suspect a disability and declines to conduct an evaluation;

    2. when evaluations and re-evaluations are conducted;

    3. when consent for an evaluation is provided or withheld;

    4. when eligibility is determined, including when the team finds the student ineligible;

    5. when a Section 504 Plan is developed, including when the District decides to implement a Plan without parental consent;

    6. when the written results of an MTSS meeting are provided; 

    7. before there is significant change in the Section 504 Plan, including concerning student's placement; and 

    8. when an internal complaint or a request for a due process hearing is filed. 

Due Process Hearing

1. When a request for a due process hearing is received, the aggrieved party will have the opportunity to receive a hearing conducted by an impartial hearing officer ("IHO") (i.e., by a person not employed by the Board of Education, not involved in the education or care of the child, and not having a personal or professional interest that would conflict with his/her objectivity in the hearing).

2. The District will maintain a list of trained IHO's that may include IDEIA hearing officers, attorneys, and Directors of Special Education outside the District. The District Compliance Officer will appoint an IHO from that list, and the costs of the hearing shall be borne by the District. The appointment of an IHO will be made within fifteen (15) school days after the request for a due process hearing is received.

3. A party to such a due process hearing shall have:

   1. the right, at his/her/their own cost, to be accompanied and advised by legal counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;

   2. the right to present evidence, and confront, cross-examine and compel the attendance of witnesses;

   3. the right to a written or electronic verbatim record of such hearing; and 

   4. the right to written findings of fact and the reasons for the decision. 

4. The IHO shall conduct the due process hearing within a reasonable period of time (i.e., not to exceed ninety (90) calendar days from the request for such a hearing, unless this time-frame is mutually waived by the parties or is determined by the IHO to be impossible to comply with due to extenuating circumstances). 

5. The IHO will give the parent and/or student written notice of the date, time and place of the hearing. Notice will be given no less than twenty-one (21) calendar days prior to the date of the hearing, unless otherwise agreed to by the parent and/or student. The notice shall include:

   1. a statement of time, place and nature of the hearing; 

   2. a statement of the legal authority and jurisdiction under which the hearing is being held;

   3. a reference to the particular section of the statutes and rules involved;

   4. a statement of the availability of relevant records for examination;

   5. a short and plain statement of the matters asserted; and

   6. a statement of the right to be represented by counsel.

6. The IHO shall conduct the hearing in a manner that will afford all parties a full and fair opportunity to present evidence and to otherwise be heard. The parent and/or student may be represented by another person of his/her choice, including an attorney.

7. The IHO shall make a full and complete record of the proceedings. 

8. The IHO shall render a decision in writing to the parties within thirty (30) calendar days following the conclusion of the hearing. The decision will be based solely on the testimony and demonstrative evidence presented at the hearing and include a summary of the evidence (i.e., findings of fact) and the reason for the decision. The notification shall include a statement that either party may appeal the decision.

9. Appeal of the IHO’s decision may be made to a Federal court of competent jurisdiction.

Retaliation

Retaliation against a person who makes a report or files a complaint alleging unlawful discrimination/retaliation, or participates as a witness in an investigation is prohibited. Specifically, the Board will not retaliate against, coerce, intimidate, threaten or interfere with any individual because the person opposed any act or practice made unlawful by Section 504 or the ADA, or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under those laws, or because that individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by those laws.

(End of AG 2260.01b)

Homeless students will be provided with a free and appropriate public education in the same manner as other students served by the District.  Homeless students are eligible to receive transportation services, participate in education programs for students with disabilities or limited English proficiency, participate in gifted and talented programs, and receive meals under school nutrition programs.  Homeless students will not be denied enrollment based on lack of proof of residency.  For additional information, contact the liaison for Homeless Students at 614-760-6000.

[Please check the website, www.dublinschools.net, for any possible revisions to this policy made during the school year.]

Throughout the history of our nation, the concept of people of many and varied cultures and backgrounds living and working together to build a better America has been a symbol of pride and hope.  The pluralism of cultures has been an essential ingredient in the development of our society and is reflected in the public schools.  Historically, the school curriculum reflected most strongly the culture of the majority. However, to help students understand themselves and others, to appreciate and value strengths, weaknesses, likenesses, and differences in all people, the school curriculum and all instructional materials should reflect an inclusionary perspective.

The concept of pluralism has been traditionally described by the use of a term called “multicultural education.”  The Dublin City Board of Education believes that the idea of pluralism is larger and more encompassing than multicultural education, and should be expanded to focus on an inclusionary philosophy of education.

Inclusion is a philosophy whereby our district staff should promote equity and access for all students regardless of race, color, religion, ancestry, ethnicity, national origin, gender, disability, economic status, and/or learning styles.

The Dublin City Schools Board of Education believes and declares that:

• Multicultural/Inclusionary Education is of vital importance to the process of:

  • The personal development of all students and staff;

  • The achievement of harmony within our community;

  • The stability and success of our nation.

• Infusion of specific content throughout the Dublin City Schools’ curriculum will promote acceptance, understanding, cooperation, and appreciation of diverse groups of people.  It challenges and rejects all forms of illegal discrimination in schools and society and accepts and affirms the pluralism (ethnic, racial, linguistic, religious, economic, and gender) that students, their communities, and teachers represent.

• Administrators, teachers, and other support staff should receive professional development training, which will enable them to foster understanding, acceptance, and positive relations among people of different backgrounds.

A philosophy of education that supports inclusionary practices can only be developed through a total school and community commitment toward providing students with educational experiences that will prepare them for leadership in the 21st century.

(End of Policy 2211)

From time to time concerns regarding the school will arise.  Dublin Schools welcome constructive criticism, believing it can improve the quality of program and in meeting individual student needs more effectively.

Persons with concerns are asked to try to resolve the matter as near the source as possible.  When additional help is needed, following the usual channels of authority is appropriate within the school.

The district does maintain policies regarding public concerns/complaints about the school for those problems not resolvable at the school building level and requiring Central Office or Board of Education involvement.  Copies of Policy and Guideline 9130 may be obtained from your building, our web site, or from the Superintendent’s office.