LEGAL NOTICES

 

Notice to the Public

Public Law 101-476, Part B of the Individuals with Disabilities Act (IDEA-B) of 1991 assures each handicapped child the right to a free, appropriate public education in the least restrictive environment. In compliance with this law, the Cleveland Public Schools has established a child find person to enhance the identification and placement of children with disabilities age birth through 21.

Disability conditions receiving services from ages 0-21 include blind/visually impaired, deaf/hard of hearing, multiple-disabilities, trainable mentally retarded, cerebral palsied, autistic, orthopedically impaired, traumatic brain injured, and speech. Individuals must be functioning 50% or more below normal expectancy at birth. These include the above listed characteristics, as well as the educable mentally retarded, seriously emotionally disturbed, and learning disabled individuals.

A child suspected of having a disability should be referred to Becky Littrel, Director of Special Services, Cleveland Public Schools, at 918-358-2210 ext. 203.

All personally identifiable information will be confidential and not accessible to non-school personnel without express written permission of the parent/guardian. Parents/guardians are granted full access to information collected and maintained for their children. Signed parental permission is required for those children in need of further individual evaluation. Parents/ guardians will also be involved in any program developed.

The Cleveland Public Schools do not discriminate on the basis of race, color, national origin, sex, age, qualified handicap, or veteran status.


Nondiscrimination Policy

As a recipient of Federal financial assistance, Cleveland Public School does not discriminate against any person on the basis of race, religion, color, national origin, sex, sexual orientation, disability, genetic information, and veternan status, marital status or age in admission, participation, or receipt of the services and benefits under any of its programs and activities, whether carried out by Cleveland Public Schools directly or through a contractor or any other entity with which Cleveland Public Schools arranges to carry out its programs and activities.

This statement is in accordance with the provisions of  Title II of the Americans with Disabilities Act, Title IX, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Regulations of the U.S. Department of Health and Human Services issued pursuant to these statutes at Title 45 Code of Federal Regulations Parts 80, 84, and 91.
 
The following person has been designated to handle inquiries regarding the Cleveland Public Schools’ non-discrimination policies:

Aaron Espolt, Superintendent
Cleveland Public Schools
600 N. Gilbert
Cleveland OK  74020
918-358-2210  ext 205


 

Notification of Rights Under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("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 after the day Cleveland Public Schools receives a request for access.
  • Parents or eligible students should submit to the school principal [or appropriate school official] a written request that identifies the records they wish to inspect. The school official 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 the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
  • Parents or eligible students who wish to ask the [School] to amend a record should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it should be changed. 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 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 provide written consent before the school discloses personally identifiable information (PII) from 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, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer or contractor outside of the school who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer 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.
 
  • Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Cleveland Public Schools 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


FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

 

  • To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))

  • To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))

  • To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the
    aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
  • To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
  • Information the school has designated as “directory information” under §99.37. (§99.31(a)(11)). Directory information is defined as follows:
    • Student name
    • Name of student parents
    • Students date of birth
    • Students class designation
    • Students extracurricular participation
    • Student achievement awards or honors
    • Students weight or heath if on an athletic team
    • Students photograph
Questions or requests to opt out of the sharing of directory information as stated above, should be directed to Aaron Espolt, Superintendent of Cleveland Public Schools 918-358-2210 ext. 205.
 

 
Information Regarding Compliance by AHERA click here
 

 

Family Policy Compliance Office & Cleveland Public Schools
US Dept. of Education Aaron Espolt
400 Maryland Ave., SW 600 N. Gilbert Ave.
Washington D.C. 20202-4605 Cleveland, OK 74020
  918-358-2210 ext 205

 

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