Annual
Public Notice of Special Ed policy
Annual Public Notice of Special Education Services and Programs
and Notification of Rights Under the Family Educational Rights
and Privacy Act
Midland Elementary/Middle School
173 7th Street
Midland, PA 15059
Notice
of Special Education Services
It is the responsibility of the
Pennsylvania Department of Education to ensure that all children
with disabilities residing in the Commonwealth, regardless of
the severity of their disabilities, and who are in need of special
education and related services, are identified, located, and evaluated.
This responsibility is required by a federal law called the Individuals
with Disabilities Education Act Amendments of 1997 (IDEA ’97).
The IDEA ’97 requires each state educational agency to publish
a notice to parents, in newspapers or other media, before any
major identification, location, or evaluation activity. The IDEA
’97 requires this notice to contain certain information. Another
federal law, the Family Educational Rights and Privacy Act of
1974 (FERPA), which protects confidentiality, requires educational
agencies to notify parents annually of their Confidentiality rights.
The Midland Borough School District (MBSD) fulfills the above
duties with this annual notice.
Special Education Services and Programs
The MBSD is required by the IDEA ’97 to provide a free appropriate
public education to school age children with disabilities who
need special education and related services. School age children
with disabilities who need special education and related services
are identified as eligible for special education if they need
specially designed instruction and have one or more of the following
physical or mental disabilities:
-
Autism/pervasive developmental disorder
-
Serious emotional disturbance
-
Neurological impairment
-
Deafness/hearing impairment
-
Specific learning disability
-
Mental retardation
-
Multihandicap
-
Other health impairment
-
Physical disability
-
Speech and language impairment
-
Blind/visual impairment
-
Screening
Each educational agency must establish and implement procedures
to locate, identify, and evaluate school age students suspected
of being eligible for special education. These procedures include
screening activities which include but are not limited to: review
of group based data (cumulative records, enrollment records, health
records, and report cards); hearing screening (at a minimum of
kindergarten., first, second, and third grades); vision screening
(every grade level); motor screening; and speech; and speech and
language screening.
Except as indicated above or otherwise announced publicly, screening
activities take place in an ongoing fashion throughout the school
year. Screening is conducted at the Midland Elementary/Middle
School unless other arrangements are necessary. If parents need
additional information about the purpose, time and location of
screening activities, they should call or write to the Special
Education Contact for the Midland Borough School District:
Director of Special Education
173 7th Street
Midland, PA 15059
Evaluation
When screening indicates that a student may be eligible for special
education, the MBSD will seek parental consent to conduct an evaluation.
“Evaluation” means procedures used in the determination of whether
a child has a disability and the nature and extent of the special
education and related services that the child needs. The term
procedures used selectively with an individual child and does
not mean basic tests administered to or procedures used with all
children.
This evaluation is called multidisciplinary evaluation (MDE).
It is conducted by a multidisciplinary team (MDT) which includes
a teacher, other qualified professionals who work with the child,
and the parents. The MDE process must be conducted in accordance
with specific timelines and must include protection in evaluation
procedures. For example, tests and procedures used as part of
the multidisciplinary evaluation may not be racially or culturally
biased.
The MDE process results in a written evaluation report called
a Evaluation Report (ER). This report makes recommendations about
a student’s eligibility for special education based on the presence
of a disability and the need for specially designed instruction.
Once parental consent for evaluation is obtained, the school has
timelines and procedures specified by law which it must follow.
Parents who think their child is eligible for special education
may request at any time that the Midland Elementary/Middle School
conduct a multidisciplinary evaluation. Requests for a multidisciplinary
evaluation should be made in writing to the Special Education
Contact person. If a parent makes an oral request for a multidisciplinary
evaluation the MBSD shall provide the parent with a form for that
purpose.
Parents also have the right to obtain an independent education
evaluation. The MBSD must provide to parents on request information
about where an independent educational evaluation may be obtained.
Under certain circumstances, such an independent educational evaluation
may be obtained at public expense.
Educational
Placement
The determination of whether a student is
eligible for special education is made by an Individualized Education
Program (IEP) team. A single test or procedure may not be the
sole factor in determining that a child is exceptional. The IEP
team must include at least two members in addition to the parent
(s). Other required members include at least one regular education
teacher of the child (if the child is, or may be participating
in the regular education environment), at least one special education
teacher, or where appropriate, at least one special education
provider, and a representative of the MBSD. If the student is
determined to be eligible for special education, the IEP team
develops a written education plan called an IEP. The IEP shall
be based on the results of the multidisciplinary evaluation. The
IEP team may decide that a student is not eligible for special
education. In that instance, recommendations for educational programming
in regular education may be developed from the ER.
An IEP describes a student’s current educational levels, goals,
objectives, and the individualized programs and services which
the student will receive. IEPs are reviewed on an annual basis.
The IEP team will make decisions about the type of services, the
level of services, the level of intervention, and the location
of intervention.
Placement must be made in the least restrictive environment in
which the student’s needs can be met with special education and
related services. All students with disabilities must be educated
to the maximum extent appropriate with children who are not disabled.
Services
for Protected Handicapped Students
Students who are not eligible to receive special education programs
and services may qualify as handicapped students and therefore
be protected under federal statutes and regulations intended to
prevent discrimination (in particular, 34 CFR Part 104 and 28
CFR Part 35). The MBSD must ensure that qualified handicapped
students have equal opportunity to participate in the school program
and extracurricular activities to the maximum extent appropriate
for each individual student. In compliance with federal laws the
MBSD will provide to each protected handicapped student without
discrimination or cost to the student of family, those related
aids, services or accommodations which are needed to provide equal
opportunity to participate in and obtain the benefits of the school
program and extracurricular activities to the maximum extent appropriate
to the student’s abilities. In order to qualify as a protected
handicapped student, the child must be of school age with a physical
or mental disability which substantially limits or prohibits participation
in or access to an aspect of the school program.
These services and protections for “protected handicapped students”
may be distinct from those applicable to eligible or thought to
be eligible students. The MBSD or the parent may initiate an evaluation
if they believe a student is a protected handicapped student.
For further information on the evaluation procedures and provision
of services handicapped students, parents should contact the Special
Education Contact.
Annual Notice of Rights Under the Family Educational Rights and
Privacy Act (FERPA)
The MBSD protects the confidentiality of personally identifiable
information regarding its eligible, thought to be eligible, and
protected handicapped students (if not protected by IDEA ’97)
in accordance with the Family Educational Rights and Privacy Act
of 1974 (FERPA) and implementing regulations as well as IDEA ’97
and its implementing regulations.
“Education records” means those records that are directly related
to the student, including computer media and videotape, which
are maintained by an educational agency or by a party acting for
the agency. “Educational agency”, for purposes of this notice,
means the MBSD. For all students, the educational agency maintains
education records which include but are not limited to:
Personally identifiable information – confidential information
that includes but is not limited to the students name, name of
parents and other family members, the address of the student or
student’s family, and personal information or personal characteristics
which would make the student’s identity easily traceable.
Directory information – information contained in an education
record of a student which would not generally be considered harmful
or an invasion of privacy if disclosed. It includes but is not
limited to, the student’s name, address, telephone number, electronic
mail address, photograph, date and place of birth, major field
of study, grade level, enrollment status (e.g., undergraduate
or graduate, full-time or part-time), participation in officially
recognized activities and sports, weight and height of members
of athletic teams, dates of attendance, degrees, honors and awards
received, and the most recent previous educational agency or institution
attended.
The Family Educational Rights and Privacy Act (FERPA) affords
parents and students over 18 years of age (“eligible students”)
certain rights with respect to the student’s education records.
They are:
1. Parents have the right to inspect and review a child’s education
record. The MBSD will comply with a request to inspect and review
education records without unnecessary delay and before any meeting
regarding and IEP or any due process hearing, but in no case more
than 45 days after the request has been made. Requests should
be submitted in writing, indicating the records the parents wish
to inspect, to the school principal or other designated school
official. Parents have the right to a response from the school
to reasonable requests for explanations and interpretations of
the records. Parents have the right to request copies of the records.
While the MBSD cannot charge a fee to search for or to retrieve
information, it may charge a copying fee as long as it does not
effectively prevent the parents from exercising their right to
inspect and review the records. Parents have the right to appoint
a representative to inspect and review their child’s records.
If any education record contains information on more than one
child, parents have the right only to inspect and review the information
relating to their child.
2. If parents think information in an education record is inaccurate,
misleading or violates the privacy or other rights of their child,
they may request amendment of the record. Requests should be in
writing and clearly identify the part of the record they want
changed, and specify why it is inaccurate or misleading. The MBSD
will decide whether to amend the record and will notify the parents
in writing of its decision. If the MBSD refuses to amend a record,
it will notify the parents of their right to a hearing to challenge
the disputed information. Additional information regarding the
hearing procedures will be provided to the parents or eligible
student when notified of the right to a hearing.
The MBSD will inform parents when personally identifiable information
is no longer needed to provide educational services to a child.
Such information must be destroyed at the request of the parents.
Parents have a right to receive a copy of the material to be destroyed.
However, a permanent record of a student’s name, address, and
telephone number, his or her grades, attendance record, classes
attended, grade level completed, and year completed may be maintained
without the limitation. “Destruction” of records means physical
destruction or removal of personal identifiers from information
so that the information is no longer personally identifiable.
The school will provide, upon request, a listing of the types
and locations of education records maintained, the school officials
responsible for these records, and the personnel authorized to
see personally identifiable information. Such personnel receive
training and instruction regarding confidentiality. The school
keeps a record of parties obtaining access to education records,
including the name of the party, the date access was given, and
the purpose for which the party is authorized to use the records.
3. Parents have the right to consent to disclosure of personally
identifiable information contained in the student’s education
records, except to the extent that FERPA authorizes disclosure
without consent. “Consent” means: the parent (s) have been fully
informed regarding the activity requiring consent, in their native
language or other mode of communication; they understand and agree
in writing to the activity; and they understand that consent is
voluntary and maybe revoked at any time, information may be disclosed
without consent to school officials with legitimate educational
interests. A school official is a person employed by the school,
Midland is (the chartering district), or intermediate unit as
an administrator, supervisor, instructor, or support staff member
(including health or medical staff and law enforcement unit personnel);
state agency representative, person or company with whom the school
has contracted to perform a special task (such as an attorney,
auditor, medical consultant, or 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 or her tasks. A school official has a legitimate educational
interest if the official needs to review an education record in
order to fulfill his or her professional responsibility. Directory
information may be released without parent consent. Parents have
the right to refuse to let an agency designate any or all of the
above information as directory information.
Upon written request, the MBSD discloses education records without
consent to officials of another school district in which a student
seeks or intends to enroll.
4. Parents have a right to file a complaint with the U.S. Department
of Education concerning alleged failures by the MBSD to comply
with the requirements of FERPA. Complaints may be filed with the
Family Policy Compliance Office, U.S. Department of Education,
400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.
Mode of Communication
The content of this notice has been written in straight-forward,
simple language. If a person does not understand any of this notice,
he or she should ask the Special Education Contact for an explanation.
The MBSD will arrange for an interpreter for parents with limited
English proficiency. If a parent is deaf or blind or has no written
language, the school district will arrange for communication of
this notice in the mode normally used by the parent (e.g., sign
language, Braille, or oral communication).
