Summit School District 54-6 Board Proceedings, SUMMIT SCHOOL ANNUAL NOTICES

SUMMIT SCHOOL
ANNUAL NOTICES
STATEMENT OF RIGHTS
Students at Summit School have the basic constitutional rights guaranteed to all citizens. In exercising these rights, students have a responsibility to respect the fundamental rights of all citizens. One purpose of schools is to encourage the responsible use of these rights and develop good citizenship within the framework of an educational society. The school is a community, and the rules of a school are the laws of that community. To enjoy the right of citizenship in the school, students must also accept the responsibilities of citizenship.
RIGHT OF NONDISCRIMINATION
Applicants for admission and employment, students, parents, persons with disabilities, employees, and all unions or professional organizations holding collective bargaining or professional agreements with the Summit School are hereby notified that this school does not discriminate on the basis of race, color, national origin, sex, age, or disability in admission or access to, or treatment or employment in, its programs and activities. Any person having inquiries concerning the school’s compliance with the regulations implementing Title VI, Title IX, The American with Disabilities Act (ADA) or Section 504 is directed to contact Mike Schmidt who has been designated by the school to coordinate efforts to comply with the regulations regarding nondiscrimination.
For further information on the notice of non-discrimination, please contact the Office for Civil Rights:
Office for Civil Rights
U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, 3rd Floor, 
Suite 320
Kansas City, MO 64106
Phone: 816-268-0550
FAX: 816-268-0599
RIGHT OF THE DISABLED
All students with disabilities in the Summit School District are entitled to the benefits of a free, appropriate educational program. For specific information about eligibility and services, please contact Special Education Director Evan Pottebaum (398-6211).
SECTION 504/AMERICAN DISABILITIES ACT
Section 504 accommodations can be provided for a student who has physical or mental impairment that substantially impacts the student’s education. Each situation is based on the individual’s needs. For a complete description of the rights granted under Section 504, please contact Summit School (398-6211).
NOTIFICATION OF RIGHTS (FERPA and PPRA) 
guid/fpco/ferpa/index.html 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. These rights are:
1. The right to inspect and review the student’s education records within 45 days of the day the district receives a request for access. Parents or eligible students should submit to the school administration [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The administration will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. The right to request the amendment of student’s education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the School to amend a record that they believe is inaccurate or misleading. They should write the school administration, [or appropriate official], clearly identify the part of the record they want changed and specify why it is inaccurate or misleading. If the School decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School as an administrator, supervisor, instructor, June 2019 7 or support staff member (including health or medical staff and law enforcement personnel); a person serving on the School Board; a 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. [Optional] Upon request the School discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. [NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or student of the records request unless it states in its annual notification that it intends to forward records on request.]
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to comply with the requirements of FERPA. The name and address of the office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue
SW Washington, DC 20202-5920
NOTIFICATION OF RIGHTS UNDER THE PROTECTION OF PUPIL RIGHTS ACT (PPRA) 
https://www2.ed.gov/policy//gen/ guid/fpco/ppra/index.html PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED)–
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.
Receive notice and an opportunity to opt a student out of –
1. Any other protected information survey, regardless of funding;
2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
Inspect, upon request and before administration or use –
1. Protected information surveys of students;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.
Summit School District has developed and adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. Summit School District will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. Summit School District will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey Summit School District will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement: Collection, disclosure, or use of personal information for marketing, sales or other distribution. Administration of any protected information survey not funded in whole or in part by ED. Any non-emergency, invasive physical examination or screening as described above.
Parents who believe their rights have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520
PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA) OPT OUT
The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, requires Summit School District to notify you and obtain consent or allow you to opt your child out of participating in certain school activities. These activities include a student survey, analysis, or evaluation that concerns one or more of the following eight areas (“protected information surveys”):
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.
This parental notification requirement and opt-out opportunity also apply to the collection, disclosure or use of personal information collected from students for marketing purposes (“marketing surveys”). Please note that parents are not required by PPRA to be notified about the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions. Additionally, the notice requirement applies to the conduct of certain physical exams and screenings. This includes any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student. This does not include hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required by State law.
Summit School will provide parents, within a reasonable period of time prior to the administration of any surveys and activities related to the eight areas listed above, notification of the surveys and activities, an opportunity to opt their child out, as well as an opportunity to review the surveys. (Please note that this notice and consent/opt-out transfers from parents to any student who is 18 years old or an emancipated minor under State law.)
RIGHT TO CONFIDENTIALITY OF SCHOOL RECORDS 
https://www2.ed.gov/policy/gen/ guid/fpco/ferpa/index.html The Family Education Rights and Privacy Act of 1974 assures the confidentiality of students’ records. A parent, guardian, or student over 18 years of age may refuse to permit the release of any information about a student by notifying the superintendent in writing:
Summit School
400 W. Sherman Ave
Summit, SD 57266
RIGHT TO DUE PROCESS
The phrase “due process” means that any person accused of a violation of a rule, responsibility, or policy of law is entitled: A. To know what charges are against him/her. B. To have the opportunity to present his/her viewpoint before a final disciplinary decision is made. A student facing serious disciplinary action such as long-term suspension, mandatory reassignment, or expulsion will receive from the school a copy of school policy that outlines a specific procedural process mandated by law to insure due process. If a decision for disciplinary action is made, the student has the opportunity to appeal that decision to a higher authority and must state his/her intent to do so. Disciplinary action must then await the outcome of the appeal. For a copy of the appeal’s process, please contact the school office.
 

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