Update on Federal Annual Notice Requirements

The National School Boards Association (“NSBA”) recently published an article explaining various compulsory federal statutory notice provisions that mandate schools and school districts to provide information to students, parents, and/or the public. The NSBA also provided links to documents that may assist schools and school districts in preparing the required notices. We are forwarding this information for your review and use.

Section I
The No Child Left Behind Act requires schools districts and individual schools to provide parents and the public with certain notices such as annual report cards, progress reviews, schools which have been identified for improvement, complaint procedures, faculty qualifications, student achievement data, information on Title I, Part A, and information on English language learners. The requirements differ for each required type of notice. The United States Department of Education (“DOE”) provides a chart that lists key parental notice requirements that can be downloaded at: http://www.ed.gov/programs/titleiparta/parentinvguid.doc

New Notice Requirements Under 34 C.F.R. §200.37(b):

• Title I regulations which were finalized in October 2008 require school districts to notify the parents of eligible students of the availability of public school choice at least 14 days prior to the beginning of a school year. DOE Secretary Arne Duncan issued a letter on April 1, 2009, advising that a one-year waiver may be granted if a state’s assessment deadline does not allow the state’s school districts to meet the 14-day requirement.
• Title I regulations now also require school districts to notify the parents of eligible students of supplemental education services that are available in a way that clearly distinguishes this information from other school improvement information. The notice must both inform of supplemental services and indicate providers who are able to serve students with disabilities and those with limited English proficiency.

Section II
The Family Educational Rights and Privacy Act (“FERPA”) requires school districts to provide parents, guardians, and adult students with annual notice of their rights in regard to education records. A model notification of rights for elementary and secondary schools may be downloaded at: http://www.ed.gov/policy/gen/guid/fpco/doc/ferpamodelnotice04.doc

FERPA allows school districts to disclose directory information if the district provides notice to parents, guardians, and adult students of what information the district considers to be directory information and how the recipient may opt-out of allowing the information to be disclosed. Also, districts must provide notice that they may release student information to military recruiters unless the parent opts out. A model notice for directory information may be downloaded at: http://www.ed.gov/policy/gen/guid/fpco/ferpa/mndirectoryinfo.html

An updated model will be available in the fall of 2009.

Section III
Pursuant to the Protection of Pupil Rights Amendment, school districts must adopt policies and notify parents of the policies relating to surveys, instructional materials, physical examinations, and any personal information about students that may be used for marketing purposes. Notices to parents must be made each year at the beginning of the school year and after any substantial changes are made. A model notice of rights may be downloaded at:
http://www.ed.gov/policy/gen/guid/fpco/pdf/modelnotification.pdf

A school district must also notify parents at the beginning of the school year when it plans to take any of the following actions: (1) sell students’ personal data or use such data for marketing purposes; (2) conduct surveys regarding certain behavior or personal information; and (3) conduct non-emergency physical examinations. Model notice and consent/opt-out forms may be downloaded at: http://www.ed.gov/policy/gen/guid/fpco/pdf/ppraconsent.pdf

Section IV
A school district must provide parents information about, and an application for, free and reduced price lunches and free milk if the district participates in the National School Lunch Program, the School Breakfast Program, or the Special Milk Program. A district can only disclose a child’s eligibility for free or reduced lunches with prior notice and/or consent. A manual that covers eligibility for nutrition programs may be downloaded at: http://www.fns.usda.gov/cnd/Guidance/eligibility_guidance.pdf

Section V
Pursuant to the McKinney Vento Act, homeless student liaisons must provide public notice of the education rights of homeless students. The notices must be disseminated in places where students who are homeless receive services under this Act. Posters may be ordered at: http://www.serve.org/nche/products_list.php#youth_poster

Section VI
Pursuant to the Asbestos Hazard Emergency Response Act school districts must inspect their buildings for asbestos and create and maintain a management plan. Districts must notify parents and employees annually in writing about the management plan. A model notification form can be found at: http://www.epa.gov/region2/ahera/notiform.htm

Section VII
A school district must notify students, parents, and others that it does not discriminate on the basis of race, color, sex, national origin, disability, or age. Such discrimination is violation of Title VI, Title IX, Section 504, the Age Discrimination Act, and Title II of the American with Disabilities Act. A sample notice that meets the requirements of all of these statutes can be found at: http://www.ed.gov/print/about/offices/list/ocr/docs/nondisc.html

Section VIII
The Individuals with Disabilities Education Act requires school districts to provide parents of a child with a disability with a copy of procedural safeguards at least once per year. A copy must also be provided upon initial referral or upon parental request. The district must also provide a copy when a parent makes a request for an evaluation or due process hearing, or when there is disciplinary action taken that amounts to a change in placement. The notices must be written in the native language of the parent and in an easily understandable manner. A model form can be downloaded at: http://idea.ed.gov/download/modelform_Procedural_Safeguards_June_2009.pdf