LEGAL NOTIFICATIONS

The Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA)

The Every Student Succeeds Act (ESSA) of 2015 amended the Protection of Pupil Rights Amendment (PPRA) to require that the Department of Education (department) notify annually each state educational agency (SEA) and each local educational agency (LEA) of their obligations under PPRA and FERPA. The general requirements placed on the LEA (in effect, the LSSD) are that FERPA provides that an LEA that receives department funds may not have a policy or practice of denying parents the right to:

1.     inspect and review education records

2.     seek to amend education records

3.     consent to the disclosure of personally identifiable information from education records except as specified by law

4.     file a complaint with the Family Policy Compliance Office (FPCO) in the department

The above items are intended to give general information about ESSA, FERPA, and PPRA and how they pertain to LSHS. The information contained within is spelled out more specifically and is available for public viewing at the LSSD main office. Copies of these policies and laws are also available at the LSSD main office upon request. Please call (425) 335-1500. 

LSSD and LSPD Memorandum of Understanding

A memorandum of understanding exists between the Lake Stevens School District and the Lake Stevens Police Department. The following incidents will be reported to the police: Fights, arson, assault, bomb threats, burglary, dangerous weapons violations, disturbances, explosives, extortion, harassment, blackmail, coercion, forgery, tampering with fire apparatus or alarms, theft, destruction of property, robbery, sale, use or possession of tobacco, alcohol, drug and/or criminal trespass. This list is not limited in scope 

Every Student Succeeds Act (ESSA)

ESSA requires school districts that receive federal funds to disclose names, addresses, and telephone numbers of secondary students to military recruiters and institutions of higher education, upon request, unless the student, guardian, or parent, requests that information not be released without prior written consent. The district must annually notify parents at the beginning of the year about the same access to students generally provided to post-secondary education institutions and prospective employers. (Revised LSSD board policy #1420) In addition, districts are required to notify parents prior to administering student surveys, analyses, or evaluation in eight protected areas. In order to be in compliance with federal guidelines and the ESSA, LSSD board policy must include consent provisions, tools, and instructional materials when used with surveys/evaluations in a program supported by federal funds. No student will be required as part of any project or program supported by federal funds to submit to survey, analysis, or evaluation that reveals information concerning:

1.     political affiliations

2.     potentially embarrassing mental or psychological problems

3.     sexual behavior and attitudes

4.     illegal, anti-social, self-incriminating or demeaning behavior

5.     critical appraisals of close family members

6.     privileged or similar relationships

7.     religious practices, affiliations, or beliefs of the student or student’s parent

8.     income other than information necessary to establish eligibility for a program without the prior consent of adult or students, or written permission of parents (revised LSSD board policy # 6010.5) 

Discrimination

Discrimination is the unfair or unequal treatment of a person or a group because they are part of a defined group, known as a protected class. Discrimination can occur when a person is treated differently, or denied access to programs, services or activities because they are part of a protected class. Discrimination can also occur when a school or school district fails to accommodate a student or employee’s disability. Harassment (based on protected class) and sexual harassment can be forms of discrimination when it creates a hostile environment. 

A protected class is a group of people who share common characteristics and are protected from discrimination and harassment by federal and state laws.  Protected classes defined by Washington State Law include: sex, race/color, creed/religion, national origin, disability or the use of a trained dog guide or service animal, sexual orientation, gender expression or identity, honorably discharged veteran or military status

What should I do if I believe my child is being discriminated against?

You should report your concerns to your child’s teacher or principal immediately! This will allow the school to respond to the situation as soon as possible.

If you cannot meet with the teacher or principal, you can always contact your school district’s main office.  Each school district will have someone who is responsible for responding to complaints about discrimination. Sometimes this person is called the Title IX Coordinator or for issues related to disability, the Section 504 Coordinator. 

What if I can’t resolve the problem with the school?

If you cannot resolve your concern, you may wish to file a complaint with the school district. Anyone can file a complaint with the school district. You can file a formal complaint by writing a letter to your Superintendent that describes what happened and why you think it is discrimination. It is helpful to include what you want the district to do. Your letter must be signed. The employee designated by the district to receive complaints will investigate your allegations and provide the superintendent with a written report of the complaint, and the results of the investigation. You and the district may also agree to resolve your complaint in lieu of an investigation.

The superintendent will send you a written letter within 30 calendar days which will either deny your allegations or describe the reasonable actions the district will take. The letter will include how to file an appeal with your school board if you do not agree with the Superintendent’s decision. Corrective measures must occur no later than 30 calendar days of the superintendent’s letter.

What if I don’t agree with the superintendent’s decision or no one responds to my letter?

Your next step is to appeal to the school board. You can file an appeal by writing a letter to your school board. The letter must include the part of the superintendent’s written decision that you would like to appeal and what you want the district to do. Your letter must be filed with the Secretary of your School Board by the 10th calendar day after you received the superintendent’s response letter. The school board will schedule a hearing within 20 calendar days after they receive your appeal letter. You may also all agree on a different date 

What will happen at the hearing?

You will explain why you disagree with the superintendent's decision. You may bring witnesses or other information that is related to your appeal. The board will send you a copy of their decision within 10 calendar days after the hearing. The decision will include how to appeal to the Office of Superintendent of Public Instruction if you disagree.

What if I don’t agree with the School Board’s decision?

You may appeal the school Board’s decision to the Office of Superintendent of Public Instruction (OSPI). You can file an appeal by writing a letter to the Superintendent of Public Instruction. The letter must include the part of the school board’s decision that you would like to appeal and what you want the district to do.

Your signed letter must be received by OSPI by the 20th calendar day of receiving the school board’s decision. It can be hand-delivered or mailed to:

OSPI

Administrative Resource Services

P.O. Box 47200

Olympia, WA 98504-7200

Phone (360) 725-6133 

OSPI will schedule a hearing with an Administrative Law Judge through the Office of Administrative Hearings (OAH). During this process you will be provided information about the hearing. 

At the hearing you will explain why you disagree with the school board’s decision. You may bring witnesses or other information that is related to your appeal. After the hearing, you will receive a copy of the judge’s decision. 

In accordance with RCW 49.60, the Lake Stevens School District does not discriminate in employment and schools. The Lake Stevens School District provides Equal Educational and Employment Opportunity without regard to race, creed, color, national origin, sex, handicap/disability, sexual orientation including gender expression or identity, creed, religion, age, veteran or military status, use of a trained dog to guide or service animal by a person with a disability, and provides equal access to the Boy Scouts and designated youth groups. The district complies with all applicable state and federal laws and regulations to include, but not limited to, Title IX, Title VI of the Civil Rights Acts, Section 504 of the Rehabilitation Act, RCW 49.60 “The Law Against Discrimination,” and RCW 28A.640 “Sex Equity,” and covers, but is not limited to, all district programs, courses, activities, including extracurricular activities, services, access to facilities, etc. Inquiries regarding compliance procedures should be directed to Lake Stevens School District, 12309 22nd St. NE, Lake Stevens, WA 98258, Attention: Title IX and Civil Rights Officer, Ken Collins, (425) 335-1500, Ken_Collins@lkstevens.wednet.edu or ADA Compliance Officer and Section 504 Compliance Officer, Miriam Tencate, (425) 335-1500, Miriam_Tencate@lkstevens.wednet.edu.