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Annual Notice of Non-Discrimination in Educational and Career and Technical Education Programs.

 

The Diagonal Community School District offers career and technical education programs in the following services areas:

 

Agriculture Food and Natural Resources,

Applied Science, Technology, Engineering and Manufacturing

Information Solutions

Business, Finance, Marketing, and Management

Health Science

Human Services

 

These programs are offered in conjunction with the district’s sharing agreement with Mount Ayr Community Schools. It is the policy of the Diagonal Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices.

There is a grievance procedure for processing complaints of discrimination. IF you have questions or a grievance related to this policy please contact the district’s Equity Coordinator,

         Jessica Bishop, Equity Coordinator

         Diagonal Community Schools

         403 W. 2^nd Street

         Diagonal, Iowa 50845

         641-734-5331 or email

         jbishop@diagonalschools.org

 

FERPA

 

Model Notification of Rights under FERPA for Elementary and Secondary Schools 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 the [Name of school (“School”)] 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 or 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. [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, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer. [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] 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 [NOTE: In addition, a school may want to include its directory information public notice, as required by § 99.37 of the regulations, with its annual notification of rights under FERPA.] [Optional] See the list below of the disclosures that elementary and secondary schools may make without consent. 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 (SEA) in the parent or eligible student’s State. 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 accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
   • 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))

 

 

Approved 11/14/18

Diagonal Community School District: Code No. 102.R1 GRIEVANCE PROCEDURE

It is the policy of the Diagonal Community School District not to discriminate on the basis of race, color,
national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual
orientation, gender identity and socioeconomic status (for programs) in its educational programs and its
employment practices. There is a grievance procedure for processing complaints of discrimination. If you have
questions or a grievance related to this policy please contact Lorna Paxson, 403 W. 2nd Street, Diagonal Iowa,
50845, by phone at 641-734-5331 or by email at lpaxson@diagonalschools.org.
Students, parents of students, employees, and applicants for employment in the school district have the right to
file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and
investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence
of discrimination and to correct its discriminatory effects on the Complainant and others.
A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal
or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue
the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a
prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be
used in certain circumstances (e.g., sexual harassment and sexual assault).
Filing a Complaint
A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint
with the equity coordinator(s). An alternate will be designated in the event it is claimed that the equity
coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists.
Complaints shall be filed within 10 working days of the event giving rise to the complaint or from the date
the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature
of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed.
Investigation
Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a
qualified person to undertake the investigation (hereinafter “equity coordinator”). If the Complainant is under
18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend
investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant,
Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or
as required by law or policy. The investigation may include, but is not limited to the following:
• A request for the Complainant to provide a written statement regarding the nature of the complaint;
• A request for the individual named in the complaint to provide a written statement;
• A request for witnesses identified during the course of the investigation to provide a written statement;
• Interviews of the Complainant, Respondent, or witnesses;
• An opportunity to present witnesses or other relevant information; and
• Review and collection of documentation or information deemed relevant to the investigation.
Within 5 working days, the equity coordinator shall complete the investigation and issue a report with
respect to the findings.
The equity coordinator shall notify the Complainant and Respondent of the decision within 5 working days
of completing the written report. Notification shall be by U.S. mail, first class.
Decision and Appeal
The complaint is closed after the equity coordinator has issued the report, unless within 10 working days after
receiving the decision, either party appeals the decision to the superintendent by making a written request
detailing why he/she believes the decision should be reconsidered. The equity coordinator shall
promptly forward all materials relative to the complaint and appeal to the superintendent. Within 5 working
days, the superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather
additional information. The superintendent shall notify the Complainant, Respondent, and the equity
coordinator of the decision within 5 working days of the decision.
Notification shall be by U.S. mail, first class.
The decision of the superintendent shall be final.
The decision of the superintendent in no way prejudices a party from seeking redress through state or federal
agencies as provided by in law.
This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint
policies or procedures that may be available.
If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue
completion as promptly as possible.
Retaliation against any person, because the person has filed a complaint or assisted or participated in an
investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by
appropriate measures.
NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities
under one employee. The Iowa Department of Education encourages districts to have no more than two (2)
coordinators: one for employment and one for programs. If the district has more than one coordinator,
publications of this policy and notifications must include the name, contact address, contact phone number
and email address for each coordinator.
NOTE: The sample grievance procedures include an appeal process that ends with the superintendent. If the
board chooses to have a different practice that involves the board in these grievance procedures, the
procedures should be updated to reflect this practice.
NOTE: The Office for Civil Rights requires that the procedures must designate reasonably prompt time
frames for the major stages of the complaint process. The number listed in the italic brackets for each stage
includes suggested time frames based on guidance from both the United States Office for Civil Rights and the
Iowa Department of Education. Districts should ensure that the time frames selected are reasonable for the
individual district.
NOTE: Some conduct that falls under a school’s equal educational opportunity policy also may trigger
responsibilities under the state’s anti-bullying/anti-harassment laws. By limiting the response to a specific
application of its equal educational opportunity policy and the accompanying grievance procedures, a school
may fail to properly consider whether the alleged conduct also results in bullying and/or harassment
Approved 11-14-18 Reviewed: 11-14-18 Revised 11-14-18