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) 

COMPLAINT OPTIONS:

DISCRIMINATION AND SEXUAL HARASSMENT

If you believe that you or your child have experienced unlawful discrimination, discriminatory harassment, or sexual harassment at school, you have the right to file a complaint. 

Before filing a complaint, you can discuss your concerns with your child’s principal or with the school district’s Section 504 Coordinator, Title IX Officer, or Civil Rights Coordinator, who are listed above. This is often the fastest way to revolve your concerns.

Complaint to the School District 

Step 1. Write Out Your Complaint

In most cases, complaints must be filed within one year from the date of the incident or conduct that is the subject of the complaint. A complaint must be in writing. Be sure to describe the conduct or incident, explain why you believe discrimination, discriminatory harassment, or sexual harassment has taken place, and describe what actions you believe the district should take to resolve the problem. Send your written complaint—by mail, fax, email, or hand delivery—to the district superintendent or civil rights compliance coordinator.

Step 2: School District Investigates Your Complaint

Once the district receives your written complaint, the coordinator will give you a copy of the complaint procedure and make sure a prompt and thorough investigation takes place. The superintendent or designee will respond to you in writing within 30 calendar days—unless you agree on a different time period. If your complaint involves exceptional circumstances that demand a lengthier investigation, the district will notify you in writing to explain why staff need a time extension and the new date for their written response.

Step 3: School District Responds to Your Complaint

In its written response, the district will include a summary of the results of the investigation, a determination of whether or not the district failed to comply with civil rights laws, notification that you can appeal this determination, and any measures necessary to bring the district into compliance with civil rights laws. Corrective measures will be put into effect within 30 calendar days after this written response—unless you agree to a different time period.

Appeal to the School District

If you disagree with the school district’s decision, you may appeal to the school district’s board of directors. You must file a notice of appeal in writing to the secretary of the school board within 10 calendar days after you received the school district’s response to your complaint. The school board will schedule a hearing within 20 calendar days after they received your appeal, unless you agree on a different timeline. The school board will send you a written decision within 30 calendar days after the district received your notice of appeal. The school board’s decision will include information about how to file a complaint with the Office of Superintendent of Public Instruction (OSPI).

Complaint to OSPI

If you do not agree with the school district’s appeal decision, state law provides the option to file a formal complaint with the Office of Superintendent of Public Instruction (OSPI). This is a separate complaint process that can take place if one of these two conditions has occurred: (1) you have completed the district’s complaint and appeal process, or (2) the district has not followed the complaint and appeal process correctly. 

You have 20 calendar days to file a complaint to OSPI from the day you received the decision on your appeal. You can send your written complaint to the Equity and Civil Rights Office at OSPI:

Email: Equity@k12.wa.us ǀ Fax: 360-664-2967

Mail or hand deliver: PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200

For more information, visit our website, or contact OSPI’s Equity and Civil Rights Office at 360-725-6162/TTY: 360-664-3631 or by e-mail at equity@k12.wa.us.

Other Discrimination Complaint Options

Office for Civil Rights, U.S. Department of Education 

206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ OCR Website

Washington State Human Rights Commission 

1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ Human Rights Commission Website