MCESA Policy Section 6000 Student Services

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1 MCESA Policy Section 6000 Student Services 6000 Student Programs and Services Introduction 6100 Equal Educational Opportunity 6150 Least Restrictive Environment Position Statement 6200 Attendance 6225 School Admissions 6250 (AP) Release of a Student During the School Day 6300 (AP) Searches of Lockers and Students 6350 Positive Behavior Support 6400 Immunization of Students 6500 (AP) Communicable Diseases 6600 Student Illness/Injury 6700 (AP) Suspected Child Neglect and Abuse 6750 (AP) Administration of Medications 6800 (AP) Student Records 6850 Parent Involvement

2 6000 Student Programs and Services Introduction 6000 The purpose of the Student Programs and Services policy section is to assure that all programs and services operated by the Midland County ESA are provided in compliance with state and federal laws. The policies in this section address equity, health, and safety. Adherence to these policies will foster the effectiveness of the learning environment for students with and without disabilities. Approved: July 2004

3 6100 Equal Educational Opportunity The Board shall, in cooperation with the constituent Districts, provide a comprehensive, free, and appropriate public educational program to all eligible persons with disabilities, which complies with federal and state laws and guidelines. The Superintendent shall prepare whatever administrative guidelines are necessary to ensure effective implementation of the special education programs and services. Federally funded programs are a vital and necessary adjunct to the educational programs of the District. The requirement of No Child Left Behind and the Individuals with Disabilities Education Act shall be followed, with rules and regulations established, to assure the District is in compliance. The Board declares it to be the policy of this District to provide an equal opportunity for all students, regardless of race, color, creed, disability, religion, gender, ancestry, national origin, place of residence within the boundaries of the District, or social or economic background, to learn through the curriculum provided by the District. In order to achieve the aforesaid goal, the Board directs the Superintendent to: A. Curricula Content review current and proposed textbooks and supplemental materials to detect any bias based upon race, gender, disability, religion, national origin, ancestry, or culture; and ascertain whether or not they, singly or taken as a whole, fairly depict the contribution of both genders, various races, and ethnic groups, toward the development of human society; B. Staff Training consider programs of in-service training for District personnel designed to identify and solve problems of color/racial, gender, religious, national, cultural, or other bias in all aspects of the program; C. Student Access review current and proposed programs, activities, facilities, and practices to ensure that all students have equal access thereto and are not segregated on the basis of race, color, creed, gender, disability, or national origin, in any duty, work, play, classroom, or school practice, except as may be permitted under State regulations; D. District Support ensure that like aspects of the District program receive like support; E. Student Evaluation ensure that tests, procedures, or guidance and counseling materials, which are designed to evaluate student progress, rate aptitudes, analyze personality, or in any manner establish or tend to establish a category by which a student may be judged, are not differentiated or stereotyped on the basis of race, color, creed, gender, or national origin.

4 6100 Equal Educational Opportunity (continued) The Superintendent shall appoint a compliance monitor whose responsibility will be to ensure that Federal and State regulations are complied with and that any complaints are dealt with promptly in accordance with law. LEGAL REF MCL CROSS REF: Policy 1050: Non-Discrimination/Equal Opportunity Assurances; Policy 5020: Open Door Policy Approved: October 1992 Revised: July 2004

5 6150 Least Restrictive Environment Position Statement 6150 The Board recognizes the dignity of all the District s students and the fact that all students can learn, believes that all students should receive their education in chronologically age appropriate, general education classrooms to the maximum extent appropriate. The Board promotes and supports the practice of placing students with disabilities in the school he or she would attend if not disabled, a placement which is determined through the Individualized Educational Planning Team (IEPT) process. Placement of students with disabilities in regular education classrooms, often referred to as fullinclusion, is endorsed by the Board as one placement option on the continuum of least restrictive environments for students with disabilities in Midland County. The determination of Free and Appropriate Public Education (FAPE) is determined by the IEPT and is based on a student s individual needs. The Board envisions shared learning environments within the District s schools for special and regular education students in which students with and without disabilities learn together and from each other. Such environments would reflect the diversity of human performance and range of intellectual capability that is found naturally within our society. It is the belief of the Board that inclusive education practices will not only maximize the potential of students with disabilities, but will assist in the preparation of students with disabilities and students without disabilities for integrated community living. The MCESA shall continue to review delivery of programs and services in the District to ascertain if the current continuum of programming options meets the educational needs of all students. If program options are not available, they will be developed to meet the individual needs of students as determined through the IEPT process. The Board is dedicated to providing leadership and support for awareness and training of special and regular educational instructional staff, school administration, Board members and the general community within our constituent local school Districts about the inclusive education process. LEGAL REF: PL IDEA Approved: October 1992 Revised: July 2004

6 6200 Attendance 6200 District personnel are to follow the state guidelines regarding student attendance accounting and reporting. The District s staff are to cooperate with attendance officers and law enforcement personnel when enforcing the compulsory attendance laws. LEGAL REF: MCL , MCL Approved: October 1992 Revised: July 2004

7 6225 School Admissions 6225 First Time Enrollments The parent/guardian of any student enrolling in the early childhood special education classroom programs and services for the first time, shall furnish, within 30 days, evidence regarding that student s age, identity and proof of required immunizations. Students in the K-12 programs operated by MCESA, upon enrolling, will meet State enrollment requirements at their District of residence. LEGAL REF: MCL , MCL CROSS REF: Policy 6400: Immunization of Students Approved: October 1992 Revised: July 2004

8 6250 Release of a Student During the School Day 6250 In recognition of the District's obligation for the health, welfare and safety of students, administrators shall not release a student during the school day except in emergency situations to parent/guardian as defined by Michigan law. The identification of the student's parent/guardian shall be verified to the satisfaction of the administrator. All written or verbal requests of the parent/guardian shall be verified to the satisfaction of the administrator. The name, address and telephone number of the parent/guardian shall be entered on the permanent record of the student in accordance with Board policy. LEGAL REF: AG Opinion #6596 Approved: October 1992 Revised: July 2004

9 6250-AP Release of a Student During the School Day 6250-AP At the time of school enrollment and admission, the administrator, enrolling officer, or designee must complete the student's permanent record form which shall identify the student's legal name and the name, address and telephone number of the student's parent/guardian. Before releasing a student during the school day, the administrator shall be responsible for the verification of the identity of any parent/guardian or any representative seeking release of a student. If a parent/guardian, as indicated on the student's permanent record, is not recognized by sight, the administrator shall require identification to their satisfaction before such release. If there is doubt, the administrator may refuse to grant the release. In the case of a written or verbal authorization by a parent/guardian of record, the administrator shall verify to their satisfaction the message is from the parent/guardian of record by a return phone call or any other means at their disposal. If there is doubt, they may refuse to grant the release.

10 6300 Searches of Lockers/School Storage Area 6300 The Board recognizes the privacy of students and his/her belongings may not be violated by an unreasonable search and seizure. No student should be searched in an unreasonable manner. School lockers and other storage areas provided for the convenience of students are the property of the District. At no time does the District relinquish its exclusive control of such lockers and other storage areas. Inspection of lockers and storage areas may be conducted by school authorities for any reason at any time, without notice, without student consent, and without a search warrant. The Board directs the building administrator or supervisor to conduct an inspection at least annually of all such storage places. Classroom programs operated on local District sites shall adhere to local District building policies. LEGAL REF: LaPointe and Associates February 18, 2004 Legal Opinion; MCL , MCL Approved: October 1992 Revised: July 2004

11 6300-AP Searches of Lockers/School Storage Area 6300-AP1 School authorities are charged with the responsibility of safeguarding the safety and well being of the students in their care. In the discharge of that responsibility, school authorities may search the person or property of a student, with or without the student s consent, whenever they have an individualized, reasonable suspicion that the search will disclose evidence of a violation of law or of school rules. The extent of the search will be governed by the nature of the alleged infraction. Search of a student s person shall be conducted in the presence of another staff member. A request for the search of a student or a student s possessions will be directed to the MCESA Special Education Supervisor. A search prompted by the reasonable belief that health and safety are immediately threatened will be conducted with as much speed and dispatch as may be required to protect persons and property. Upon discovery that a student at school, at a school activity or enroute to/from school in a school bus, possesses an object constituting a dangerous weapon (as defined in the Michigan Revised School Code), the Superintendent or his/her designee shall immediately report the discovery to the student s parent/guardian and to the local law enforcement agency. A law enforcement agency shall be requested to respond as soon as possible to confiscate the dangerous weapon. If a school official confiscates such a dangerous weapon, they shall give the dangerous weapon, as soon as possible, to law enforcement agency and to no other person. The MCESA Supervisor shall be responsible for the prompt completion of the search and seizure checklist. (See attached procedure)

12 6300-AP 6300-AP2 MIDLAND COUNTY ESA SEARCH AND SEIZURE CHECKLIST Date: Person Making Referral: Inventory of Item(s) Searched: Reason for Search: Item(s) Confiscated: Date and Method of Dispersal: Person Completing Form: Witnesses: Title: Title: Title:

13 6350 Positive Behavior Support 6350 The District will provide a suitable environment for the general health, safety and welfare of each student during the school day. MCESA staff will utilize only Positive Behavior Support (i.e. token economy, use of positive reinforcement, etc) in developing and maintaining Classroom Management Systems and Individual Student Behavior plans. LEGAL REF: MCL ; IDEA Approved: July 2004

14 6400 Immunization of Students 6400 All Early Childhood Special Education students entering school classrooms shall submit evidence that they have complied with the state's immunization requirements: 1. Completing an immunization record form that the child has been tested for, immunized or protected against, diseases currently specified by the Midland County Health Department. 2. Submitting a statement signed by the parent/guardian to the effect that the child has not been immunized because of religious convictions or other objections to immunization; and/or 3. Submitting a medical waiver form signed by a physician. Unless compliance forms are filed by November 1 or within 60 days of entrance in the school District, students shall be excluded from school after said date and parent/guardian shall be so notified. All other MCESA classroom students must comply with the constituent District s policy on immunization requirements. LEGAL REF: MCL CROSS REF: Policy 6225: School Admissions Approved: October 1992 Revised: July 2004

15 6500 Communicable Diseases 6500 A communicable disease as defined in this policy shall refer to any infectious or contagious disease as determined by the Director of the County Health Department, the State Department of Health and Environment, or the United States Centers for Disease Control. Whenever a student has been diagnosed by a physician as having a communicable disease, the parent/guardian should report the diagnosis and nature of the disease to the Superintendent or Designee. A student with a communicable disease that is deemed a threat to public health by the County Health Department may be required to withdraw from classroom attendance for the duration of the illness in order to give maximum health protection to other students and to employees. IEPT service providers shall maintain the strictest confidence of individual s status in so far as the health and safety of other individuals are not compromised. A student with a communicable disease has all rights, privileges and services as provided by law and District policies. The decision for adaptations/modifications of IEP services will be determined by the IEPT. The student shall be allowed to return to the school environment as authorized by the student s physician. In order to minimize the spread of communicable diseases among staff and students, the District will fully cooperate with the Midland County Health Department to assist with adherence to the Michigan Health Code for the prevention, control, and containment of communicable diseases. CROSS REF: Policy: 1245: Emergency Closings; Policy 5040: Health and Safety Approved: October 1992 Revised: July 2004

16 6500-AP Communicable Diseases Procedure 6500-AP A. All reportable communicable diseases will be referred to the Midland County Health Department in accordance with Michigan statutory and administrative guidelines. B. The decision to close schools due to communicable disease outbreaks is at the discretion of the Superintendent. Consultation on such decisions is available from the Midland County Health Department.

17 6600 Student Illness/Injury 6600 The teacher primarily responsible for a student with a suspected illness will contact the parent/guardian of that student. In instances where the student should not remain at school, a parent/guardian will be requested to pick up their child. In cases where a student is suspected of having a communicable disease, the guidelines established by Midland County Health Department will be followed. For serious injuries or emergency health situations, staff should take appropriate steps to preserve life, prevent further injury and make the student as comfortable as possible until medical support can arrive. The teacher will notify her/his program supervisor of such cases as are described above as soon as possible. The supervisor shall initiate appropriate follow-up activities as are deemed appropriate. Each teacher will maintain a log of all contacts made with parent/guardian and/or supervisors regarding each instance of student illness or injury described in this section. LEGAL REF: Memorandum dated February 12, 2004 from Janet Olszweski, Director of Family Independence Agency and Tom Watkins, State Superintendent, Michigan Department of Education CROSS REF: Policy 3150: Accident Prevention and Reporting; Policy 3175: Incident Reporting Approved: October 1992 Revised: July 2004

18 6700 Suspected Child Neglect and Abuse 6700 Any employee of the District who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect are mandated to report or cause a report to be made to the local Division of Family Independence Agency (FIA). District employees will not contact the child's family or any other persons to determine the cause of the suspected abuse or neglect. It is not the responsibility of the school employees to determine or prove that the child has been abused or neglected. Access to Students on School Premises An appropriate District staff person is authorized to act in the absence of the parent/guardian to protect the interests of the student when allowing a student to be interviewed by the local FIA representatives on school premises. School and Agency Collaboration District staff, the local FIA, and law enforcement agencies will be encouraged to collaborate with each other in the investigation of reports of suspected child abuse or neglect. LEGAL REF: MCL Approved: October 1992 Revised: July 2004

19 6700-AP Suspected Child Abuse and Neglect 6700-AP1 To comply with the child protection law, any teacher or other school employee who suspects that a child's physical or mental health or welfare is being adversely affected by abuse or neglect shall immediately report such suspicions in the following manner: Urgent Situations An urgent situation includes but is not limited to life-threatening situations, reports of sexual abuse, obvious physical impairment, marks of abuse or overt behavior changes. Reports of suspected child abuse should be made to the Local Division of Family Independence Agency (FIA) within 48 hours and the FIA 3200 form completed. The building principal or program supervisor shall notify the Superintendent or designee of the disposition of the initial report to the Local Division of FIA. Less-Urgent Situations It is mandated that the person suspecting abuse or neglect shall report his suspicions to the Local Division of FIA and the building principal or program supervisor. The principal or program supervisor may confer with the school's social worker or psychologist, and notify the Local Division of FIA. At no time shall the principal or any other staff members prevent or interfere with the making of a report of suspected child abuse. The following information shall be given by the incident reporter: name, address and age of the student; name and address of the parent/guardian; nature and extent of injuries or description of suspected neglect or sexual abuse; and any other information that might help establish the cause of the child's condition. Any personal interview or physical inspection of the child by any school employee shall be conducted in an appropriate manner with an adult witness present. An oral report to the principal or program supervisor must be made as soon as possible and will be followed by a completion of an FIA mandated 3200 form. One copy of the form remains in the school office and another copy sent to the Local Division of FIA.

20 6700-AP Suspected Child Abuse and Neglect 6700-AP2 In Michigan, anyone making a report in accordance with state law or participating in a resulting judicial proceeding is presumed to be acting without malice and in good faith and, in so doing, is immune from any civil or criminal liability that might otherwise be imposed.

21 6750 Administration of Medications 6750 The following definition of medication is adopted for use in this District: Medication, includes prescription and over-the-counter preparations that may be taken by mouth, by inhaler, by injection, and those applied as eye/nose drops or topicals. Whenever possible, medications for students should be administered by parent/guardian at home. As a service to the family, the Superintendent shall establish procedures for the administration of medication by school personnel in circumstances where such administration in a school sponsored educational setting is deemed necessary for the student s well being by the student s parent/guardian or physician. The student s parent/guardian must provide the school with written permission and a written request to administer medications to their child. Written instructions from a physician, which include the name of the student, name of the medication, dosage of the medication, route of administration, and time the medication is to be administered to the student shall accompany the request and be kept on record by the school. The parent/guardian request/permission and a physician s instructions for administration shall be renewed every school year. Any and all biohazards generated, due to the administration of medications by school personnel shall be disposed of in accordance with the Michigan Medical Waste Regulatory Act. Students who self administer medications may be responsible for returning any such wastes to their home for disposal. LEGAL REF: MCL , MCL a, MCL , October 18, 1999, PA 368, PA 378, 1978, Medical Waste Regulatory Act, R (2) Approved: October 1992 Revised: March 2003, July 2004

22 6750-AP Administration of Medications by School Personnel 6750-AP1 Each building shall have a plan for handling medical emergencies. The school administrator will designate an individual(s) responsible for administering medications to students at that school. A school administrator, teacher or other school employee authorized to do so by the school administrator, may administer medication to a student in the presence of another adult employee pursuant to written permission of the student s parent/guardian, and in compliance with, the written instructions of a physician. Where the individual administering the medication is a licensed registered professional nurse, or when an emergency threatens the life or health of the student, a second adult need not be present. Self-Administration/Self-Possession of Medications The following definition of self-administration/self-possession is adopted for use in this District: Self-administration means that the student is able to consume or apply prescription and nonprescription medication in the manner directed by the physician without additional assistance or direction. Self-possession means that the student may carry medication on his/her person to allow for immediate and self-determined administration. A student whose parent/guardian and physician provide written permission will be able to self-administer and self-possess his/her own medications. A medication that a student possesses must be labeled and prepared by a pharmacy or pharmaceutical company and include the dosage and frequency of administration. A student s use shall not be denied if the conditions of written permission and physician direction are met. A building administrator may discontinue a student s right to self-administer and selfpossession if there is misuse by the student. The denial shall come only after a consultation with the parent/guardian. For example, a student who requires the use of an inhaler for relief or prevention of asthma symptoms shall be allowed to carry and use the inhaler if there is written approval from the student s physician and parent/guardian on record at the school. A student who is in possession of an inhaler under the above conditions shall have each of his/her teachers notified of this by the building administrator.

23 6750-AP Administration of Medications by School Personnel (continued) 6750-AP2 Diabetic Emergencies Staff shall be made aware of the symptoms of a diabetic emergency. Staff with diabetic students should know the signs of possible side effects of diabetic medications, and also, be aware which side effects are serious enough to warrant reporting to the student s parent/guardian or health provider. Management of Students with Asthma in the School Setting If needed, school administrators may have direct communication with the student's health care provider in order to resolve individual problems that may arise because of a student's asthma. All staff shall be informed about the early warning signs of an acute asthma episode and should be aware of emergency procedures and contacts in case a student needs medical assistance. Copies of the "Signs of an Asthma Emergency," as published by the Michigan Department of Education, will be distributed to all staff and shall be posted on appropriate bulletin boards in school buildings. Exercise Induced Asthma Attacks Physical education teachers, playground aides, and teachers are to be informed that exercise can induce acute episodes for many students with asthma. It shall be the responsibility of the administration to inform school staff who are responsible for students during physical activity of the identity of those students who have exercise-induced asthma. A child with exercise-induced asthma shall be allowed to stop any physical activity if they are having difficulty. The Superintendent will promulgate rules and guidelines to implement this provision. School Staff Training All individuals designated or authorized to administer medication are required to receive inservice training on all District policies and procedures related to this responsibility. School staff must be trained by a licensed registered professional nurse, physician, or physician assistant who has knowledge of local school medication policies and procedures.

24 6750-AP Administration of Medications by School Personnel (continued) 6750-AP3 Storage and Access to Medications All medication shall be kept in a labeled container as prepared by a pharmacy, physician, or pharmaceutical company with the student s name, the name of the medication, dosage, and the frequency of administration. Medications shall be stored in a school location that is kept locked. However, emergency medications may be stored in an area readily accessible to the individuals designated to administer them. All controlled-substance medications will be counted and recorded upon receipt from the parent/guardian. The medication shall be recounted on a regular basis (monthly or bi-weekly) and this count shall be reconciled with the medication administration log/record. Record-Keeping of Medications A log of medication administration shall be kept in a school office and filed in a student s permanent record at the end of each school year (see sample Medication Administration Daily Log). The individual student log shall be kept until one year after the student s graduation from high school. The following administrative rules are to be followed by District personnel in the implementation of Policy These rules and procedures may not be changed or amended without the express approval of the Superintendent. School Administration of Medications Prescription Prescription medications shall not be stored or dispensed by District personnel without written permission and instructions from both: a. The parent/guardian, who shall request and authorize District personnel to give medication in the dosage prescribed by the physician and to contact the physician directly. b. The physician, who shall provide instructions to school personnel regarding the administration of medication, and who shall identify any specific conditions or reactions to the medication which may require contacting the physician or other professional medical personnel. Instructions from the physician must include: Name of the student, Name of the medication, Dosage of the medication, Route of administration,

25 6750-AP Administration of Medications by School Personnel (continued) 6750-AP4 School Administration of Medications Prescription (continued) Time the medication is to be administered The length of time (not to exceed the current school year) that medications are to be administered. Any biohazardous wastes produced shall be disposed of in accordance with law, and the written instructions distributed by the administration. New parent/guardian and physician written instructions and permission must accompany any change in medication, dosage, or time of administration. Storage and Access to Medications in School Prescription medication to be given at school must be delivered, by the parent/guardian, in a container as prepared by a pharmacy, physician, or pharmaceutical company with a printed label specifying: a. The student s full name, b. The name of the medication and the dosage, c. The time of day medication should be administered, and d. The name of the physician. A building administrator shall request that a pharmacy supply the oral medication in the exact dosage prescribed. Only limited quantities of a prescription medication may be kept at school, and the parent/guardian shall be solely responsible for any and all prescription refills. All prescription medication shall be kept in locked storage or other safe place. The Principal of each building shall designate the school personnel authorized to administer medication to students.

26 6750-AP Administration of Medications by School Personnel (continued) 6750-AP5 Storage and access to medications in school (continued) A building administrator may set a reasonable designated time for the administration of medications. The parent/guardian shall be informed of this designated time and communicate this to the physician when he/she writes medication administration instructions. The school may request that the physician send a written explanation with the medication administration instructions to the school if an exception to the school s designated time is necessary. School personnel authorized to administer prescription medication shall be given appropriate instruction in the administration of medications. After medication is administered, students should be observed for possible reactions to the medication. This observation may occur at the site of administration or in the classroom as part of the normal routine. Except in the case of an emergency that threatens the life or well being of the student, all administration of medication shall be conducted in the presence of two or more adults. When necessary for a student to have medication administered while on a school-sponsored field trip or off-site activity, the individual designated to administer medication must carry the medication in the original container, and record the necessary information on the medication log upon return from the trip/activity. Staff Training It is recommended that in-service training not less than four hours in length and include actual "hands-on" practice in identifying and dispensing medications. With the exception of a licensed registered professional nurse, individuals who are responsible for administering any medications that must be given by injection, by nebulizer, or administered rectally, vaginally, or into the bladder, must receive one-to-one training by a licensed health professional. Documentation that school personnel have completed the required in-service training shall be maintained by the school and made available, upon request, to a student's parent/guardian, physician, licensed registered professional nurse, or by a school District official.

27 6750-AP Administration of Medications by School Personnel (continued) 6750-AP6 Training Guidelines For all individuals who are designated to administer medications to students in local and intermediate school Districts, public school academies, and nonpublic schools training must include all of the following content and skill practice: 1. A review and discussion of all Michigan and federal laws pertaining to the administration of medications to students in schools, including discussion of confidentiality issues. 3. A review and discussion of all policies and procedures relating to medications in schools including areas of responsibility of school administrators, individuals designated to administer medications (i.e., secretaries, aides, teachers, bus drivers, parent/guardian), and medical professionals (i.e., physicians, physician assistants, nurses). 3. Identification of the forms related to the administration of medications in schools. 4. Safe storage and handling of medications in school including procedures for receiving and disposing of medications. 5. The use, effect, and route of administration of the most commonly prescribed medications in schools, including adverse effects. 6. Procedures for safely dispensing medications to students in schools, on field trips, and other off-site school activities. 7. Practice in identifying and dispensing medications to students. 8. Policies and procedures related to student self-administration and self-possession of medication in schools. 9. Review and practice recording administration of medications. 10. Review and discuss procedures for dealing with medication administration errors. It is the responsibility of the student to report to the appropriate school official at the time any prescription is to be taken. Records School personnel designated to administer medications shall maintain an accurate and confidential system of record keeping. The medications log shall include the following: a. The full name of the student b. The physician instructions for administration

28 6750-AP Administration of Medications by School Personnel (continued) 6750-AP7 Records (continued) c. A log of the date and time, dosage, name of medication, administering adult, second adult present for each administration, and the signature of the administering adult and signature of witnessing adult for each administration. (If an error is made in recording, the individual who administered the medication shall cross out, initial the error, and make the correction in the log,) and, d. Any noted effects of, or reaction to the medication. School personnel must take care to ensure that each student is provided the proper medication in the proper dosage, and shall log each administration immediately. In the event of a mistake in administration or dosage, the building administrator shall be contacted immediately. The building administrator is responsible for reporting the medication error to the student s parent/guardian immediately. It is advised that the building administrator also contact the physician so that he/she may indicate to the parent/guardian that staff members are conducting the appropriate medical follow up. The school staff member shall write up the error on a District incident/accident report form and place a copy into the student s school record. Any adverse reaction to medication, as described on the physician s written instructions, shall be reported to the student s parent/guardian immediately. Medications should be brought to the school by the student s parent/guardian. Throughout the school year, appropriately trained school personnel shall periodically review medication instructions on file and inventory medications being stored by the school. Expiration dates on prescription medication, epi-pens, and inhalers shall be checked at least twice each school year. Parent/guardian request/permission and a physician's instructions for administration of medications shall be renewed every school year. No changes to medication dosage or time of administration will be made except by instruction from a physician. Medications must be claimed by parent/guardian at the end of the school year. If this is not done, the individual who administers the medication will dispose of the medication and record this disposal on the medication log. This procedure shall be witnessed and initialed by a second adult.

29 6750-AP Administration of Medications by School Personnel (continued) 6750-AP8 Records (continued) Unless otherwise dictated by law, the building Principal may refuse to administer or may choose to discontinue the extra service of administering medication at his/her discretion, provided that appropriate notice is given to the parent/guardian. School Administration of Medications Non-prescription The procedures for administering non-prescription medications to students by the District shall be identical to those for prescription medications, except that the parent/guardian rather than a licensed physician may provide specific written instructions. In all cases, it is expected that the parent/ guardian has confirmed the appropriateness of the medication and instructions with a licensed physician. Student Self-Administration of Medications Upon the written request of a parent/guardian and with the approval of the school administration, students may self-possess small quantities of medication for self-administration. Any student may possess and use an inhaler or a dry powder inhaler to alleviate asthmatic symptoms, or before exercise to prevent the onset of asthmatic symptoms, at school, on school-sponsored transportation, or at any activity, event, or program sponsored by or in which the student's school is participating if proper approvals are on file in writing. All self-possessed medications must be labeled and prepared by a pharmacy or pharmaceutical company and include the dosage and frequency of administration. Any biohazardous wastes produced by the student in the process of self-administration are to be carried back to the home by the student for proper disposal by the student/parent/guardian. All necessary written permission forms detailed above for school administration of medications must be obtained and filed by the school prior to possession, storage, or self-administration by a student. Assisting a Student in Distress Each building shall have a plan for handling medical emergencies.

30 6750-AP Administration of Medications by School Personnel (continued) 6750-AP9 Assisting a Student in Distress (continued) Any District staff member may assist a student in distress in self-administration of a medication (ex. Epi-pen injection, asthma inhaler, etc.). For the purpose of this policy, distress refers to any obvious and serious discomfort or threatening condition. The staff member should first confirm that the medication and dosage are proper for the student as conditions allow. As soon as possible, the staff member shall notify the school administration, designated Midland County Health Department Nurse, and/or the local emergency medical system. The staff member shall also complete a District incident/accident report form following the incident. Diabetic Emergencies Staff shall be made aware of the symptoms of a diabetic emergency. Staff with diabetic students should know the signs of possible side effects of diabetic medications, and also, be aware which side effects are serious enough to warrant reporting to the child s parent/guardian or health provider. Management of Students with Asthma in the School Setting Staff shall be made aware that chalk dust, animals in the classroom, strong odors (perfumes and paints), cleaning agents, molds and numerous other substances may be asthma triggers for some children. In addition, environmental pollutants are often triggers for acute episodes of asthma. Therefore, the Superintendent will endeavor to schedule extensive building repairs or cleaning during long vacation periods or during the summer months to avoid exposing children to fumes, dust, or other irritants. Routine cleaning and maintenance of the heating/cooling and air filtration system is important for reducing amounts of dust and mold in the schools. Staff with asthmatic students should know the signs of possible side effects of asthma medications, and, also, be aware which side effects are serious enough to warrant reporting to the student's parent/guardian or health care provider. Information regarding qualified professionals in asthma management who can be contacted for staff in-service sessions on asthma may be found through the Michigan Department of Education's web site at

31 6750-AP Administration of Medications by School Personnel (continued) 6750-AP10 Management of Students with Asthma in the School Setting (continued) The "School-Based Asthma Management Plan" form and School-Based Diabetes Management Plan form below are to be used in all building sites. The form may be identified with the name of the individual school if desired.

32 6750-AP 6750-AP11 This information expires on June 30, SCHOOL-BASED ASTHMA MANAGEMENT PLAN Endorsed by the Michigan Asthma Steering Committee of the Michigan Department of Community Health STUDENT INFORMATION Child's Name: Birth Date: Grade: Physical Education Days and Times: EMERGENCY INFORMATION Parent/Guardian Name(s): First Priority Contact: Second Priority Contact: Doctor's Name: Phone: Home Room Teacher: TO BE COMPLETED BY THE CHILD'S PARENT/GUARDIAN: Name: Phone: Name: Phone: TO BE COMPLETED BY THE CHILD'S DOCTOR: WHAT TO DO IN AN ACUTE ASTHMA EPISODE: CALL 911 OR AN AMBULANCE IF: Review attached "Signs of an Asthma Emergency and list any additional symptoms the child may present with: Daily Management Plan To be completed by the child s doctor. OVER FOR DAILY MANAGEMENT PLAN

33 6750-AP Child's Name: Be aware of the following asthma triggers: 6750-AP12 Severe Allergies: MEDICATIONS TO BE GIVEN AT SCHOOL: NAME OF MEDICINE DOSAGE WHEN TO USE Side effects to be reported to health care provider: Does this child have exercise-induced asthma? Yes No This child uses an inhaler before engaging in physical exercise and if wheezing during physical activity. Yes No Activity Restrictions (e.g., staying indoors for recess, limited activity during physical education): Please check all that apply: I have instructed this child in the proper way to use his/her inhaled medications. It is my professional opinion that this child should be allowed to carry and use that medication by him/herself. It is my professional opinion that this child should not carry his/her inhaled medications or epi-pen by him/herself. Please contact my office for instructions in the use of this nebulizer, metered-dose inhaler, and/or epi-pen. I have instructed this child in the proper use of a peak flow meter. His/her personal best peak flow is:. Doctor s Signature: Parent/Guardian s Signature: Date: Date: Date: If you are at all uncertain of what to do in case of a breathing emergency... Call 911 and the child's parent/guardian

34 6750-AP SEEK EMERGENCY CARE IF A CHILD EXPERIENCES ANY OF THE FOLLOWING: 6750-AP13 Signs of Asthma Emergency CHILD'S WHEEZING OR COUGHING DOES NOT IMPROVE AFTER TAKING MEDICINE (15-20 MINUTES FOR MOST ASTHMA MEDICATIONS) CHILD S CHEST OR NECK IS PULLING IN WHILE STRUGGLING TO BREATHE CHILD HAS TROUBLE WALKING OR TALKING CHILD STOPS PLAYING AND CAN NOT START AGAIN CHILD S FINGERNAILS AND/OR LIPS TURN BLUE OR GRAY SKIN BETWEEN CHILD S RIBS SUCKS IN WHEN BREATHING Asthma is different for every person. The "Asthma Emergency Signs" above represent general emergency situations as per the National Asthma Education and Prevention Program 1997 Expert Panel Report.

35 6750-AP 6750-AP14 LOW BLOOD SUGAR (HYPOGLYCEMIA) ONSET CAN BE RAPID. MOST LIKELY TO OCCUR AT PEAK INSULIN ACTION TIMES, SUCH AS BEFORE LUNCH. SIGNS: FAINTNESS/WOOZINESS/SHAKINESS FATIGUE SWEATING DIZZINESS/WEAKNESS PALE SKIN/CLAMMY SKIN INAPPROPRIATE ACTIONS/CONFUSION IRRITABILITY/MOOD CHANGES/CRANKINESS DIFFICULTY FOLLOWING INSTRUCTIONS COMBATIVENESS INCOHERENT SPEECH UNCONSCIOUSNESS SYMPTOMS MUSCLE CRAMPING HUNGER NERVOUSNESS STOMACHACHE BLURRED VISION/HEADACHE CONVULSIONS HIGH BLOOD SUGAR (HYPERGLYCEMIA) ONSET MAY BE GRADUAL OR RAPID AND CAN LEAD TO SEVERE ILLNESS OR EVEN DEATH SIGNS AND SYMPTOMS: EXCESSIVE THIRST AND FREQUENT URINATION BLURRED VISION DROWSINESS/FATIGUE ABDOMINAL PAIN NAUSEA VOMITING LABORED BREATHING AND FRUITY SMELLING BREATH CHILDREN AND YOUTH THAT DISPLAY THESE SYMPTOMS SHOULD BE REPONDED TO IMMEDIATELY. EACH CHILD MAY REACT DIFFERENTLY. YOU SHOULD HAVE A LIST OF SYMPTOMS EACH CHILD MAY EXHIBIT ON FILE ALONG WITH HOW TO RESPOND. FOR ANY OF THE ABOVE SIGNS & SYMPTOMS, REPORT INCIDENT TO THE CHILD S PARENT/GUARDIAN. IF THE CHILD IS VOMITING AND IS UNABLE TO TAKE FLUIDS, CONVULSING OR BECOMES UNCONSCIOUS, OR IF YOU ARE UNCERTAIN OF WHAT TO DO CALL 911 AND THE CHILD S PARENT/GUARDIAN The Management of Students with Diabetes in Schools Workgroup

36 6750-AP 6750-AP15 School: Student: Grade: Permission Form for Prescribed Medication Date form received by school: Date of Birth or age: Teacher/Classroom: To be completed by the physician or authorized prescriber Name of medication: Reason for medication (Optional): Form of medication/treatment: Tablet/capsule Liquid Inhaler Injection Nebulizer Other Instructions (Schedule and dose to be given at school): Start: date form received Other dates: Stop: end of school year Other date/duration: Restrictions and/or important side effects: None anticipated Yes, Please describe: Special storage requirements: None Refrigerate This student is both capable and responsible for self-administering this medication No Yes-Supervised Yes-Unsupervised This student may carry this medication: No Yes Please indicate if you have provided additional information: Signature: On the back side of this form Physician s Name: Address: As an attachment Date: Phone Number: To be completed by parent/guardian I request that (name of child) above medication at school according to standard school policy. I request that (name of child) self-administer the above medication at school according to the school policy. Signature: Date: Relationship: School: This information expires on June 30, receive the be allowed to

37 6750-AP 6750-AP16 SCHOOL-BASED CARE PLAN for the STUDENT with DIABETES Name: Address: Birth Date: Parent/Guardian or Emergency Contact: Home Phone: Work Phone: Pager/Cell: SYMPTOMS SPECIFIC TO STUDENT TO BE COMPLETED BY PHYSICIAN The following activities will require supervision and/or assistance for school day. Please check all that apply: May self test? Blood glucose testing Blood glucose testing Target glucose range Low blood sugar range Intervention High blood sugar range Intervention Daily at As need per symptoms Ketone Checks If glucose levels over mg/dl Administer Glucagon For following symptoms Insulin administration See attached schedule Snack Snack Daily at As needed Training for the above procedures will be provided by: Parent/Guardian Signature: Physician Signature: Physician s Address: Phone: during the

38 6750-AP MEDICATION ADMINISTRATION DAILY LOG 6750-AP17 (To be completed for each medication administered) School Year: Name of Student: Date of Birth: Gender: Grade: Teacher: Name of School: Name of Medication: Dosage: Method(s) of Administration: (i.e., orally, into feeding tube, etc.) Time Given in School: Expiration Date: Directions: Initial and include the time of administration, or use one of the following codes: (A) Absent (E) Early Dismissal (N) No Medication Available (W) Dosage Withheld (X) No School (Holiday, Weekend, Snow Day, etc.) July August September October November December

39 6750-AP 6750-AP January February March April May June Notes:

40 6750-AP Resources for Staff Training 6750-AP19 When selecting a person to train individuals to administer medications, it is imperative that this person knows the policies and procedures of the public school Districts, intermediate school Districts, public school academies, and nonpublic schools. 1. If the school District employs a licensed registered professional nurse, he/she can conduct the training. 2. The intermediate school district or local health department may also provide licensed Professional nursing services for staff training (see list of local health departments in Michigan at 3. A school district can contact the Michigan Association of School Nurses (MASN) at or through their website at to see if there is a licensed registered professional nurse available to provide this training to the District. 4. A medical professional (i.e.: physician, nurse, physician assistant) from the community may be available to conduct training for school staff. 5. If none of the above resources for training are available, contact Patty Lawless at the Michigan Department of Education, at or by at lawlessp@michigan.gov.

41 6750-AP Date(s) of Training: Trainer(s) Name and Qualifications: TRAINING CHECKLIST 6750-AP20 Names and job titles of individuals attending the training: attached Content and Skills Taught to Training Participants Shall Include: Review of Michigan laws governing the administration of medications to students in schools. Discussion of local school policies and procedures relating to the administration of medications to students in schools. Safe storage and handling of medications in schools. Uses, effects, and routes of administration of most commonly prescribed medications for students in schools. Safe dispensing procedures for medications in schools, including procedures for field trips and other off-site school activities. Review of local school policies and procedures related to student self-administration and self-possession of medications. Recording procedures for medications administered in schools. Procedures for dealing with medication administration errors. Opportunity for participants to ask questions regarding administration of medications to students in schools. Signature of Trainer: Date:

42 6800 Student Records Confidentiality of Educational Records In compliance with Federal and State laws regarding student records, the Board shall establish policies of confidentiality of such records. Annual Notification An annual notice of rights shall be provided to parent/guardian and/or eligible students and the public. This information shall be provided, if necessary, in the native language of the parent/ guardian who are known to use a primary language other than English per IDEA regulation. The statement of rights shall include the following: 1. The right to inspect and review the student's educational record. 2. The right of a representative of a parent/guardian of a student with a disability to inspect and review the student's educational records. 3. The right to seek to correct the student's educational record through a hearing, if necessary. 4. The right to exercise a limited control over other people's access to the student's educational records. 5. The right to file a complaint concerning alleged failure of the District to comply with the requirements of FERPA with the United States Department of Education. Special Education Registry The District shall maintain a Special Education Registry for all MCESA district residents with disabilities under 26 years of age as defined by the Michigan Special Education Rules, including those persons placed in state and privately operated facilities. Procurement of Educational Records for Incoming Students The District shall obtain as complete a record as possible on students transferring into MCESA programs and services.

43 6800 Student Records (continued) Student Database Information The District shall define student database record information as limited to the student's name, classroom and participation activities. Each parent/guardian shall be notified annually of the District s database information and of their right to prevent disclosure of such information regarding their student without their written consent. Procedural Safeguards The District shall maintain educational records on all students currently enrolled in District operated special education programs. The Director of Special Education or Designee will be the Records Custodian. The District shall maintain and make available to the parent/guardian and/or eligible students upon request, listings of the types and locations of data collected, stored and used. These shall be as specific as possible, including the address and/or room in the District building and descriptive titles of the types of records. The above list shall include the name and title of the Director of Special Education or Designee who shall be responsible for ensuring the confidentiality of all personally identifiable information. All District staff who collect, store or use personally identifiable information will receive written instructions and appropriate training regarding the mandated District policies and procedures regarding confidentiality. In the case that a parent/guardian of a student, an eligible student (18 years of age or over), or a resident of the District believes that the District is violating the Individuals with Disabilities Education Act (IDEA) that person has a right to file a complaint with the Michigan Department of Education or the United States Office of Civil Rights.

44 6800 Student Records (continued) Disclosure of Student Educational Records Records, files, or data directly relating to an individual student shall not be available to anyone without the consent of the eligible student (18 years of age or older) or of the parent/legal guardian of a student, except that the Superintendent may permit disclosure to individuals with legitimate educational interests: A. Within the Agency: To persons employed by the Board as administrators, supervisors, instructors, or support staff members. To persons employed by the Board as temporary substitutes for administrative, supervisory or instructional personnel or support staff, for the period of his/her performance as a substitute. To the school Board. To persons or companies that the District has contracted with to perform a special task (such as an attorney, auditor, medical consultant, or therapist). To the parent/guardian or students serving on an official committee or assisting another school official in performing his or her tasks. For a "legitimate educational interest" if the person needs to review an educational record in order to fulfill his or her professional responsibilities. B. External to the Agency: To the officials of another school or school system in which the student seeks or intends to enroll. To federal or state officials in connection with audit, evaluation or enforcement of Federal legal requirements relating to federal and state funded programs. These include the authorized representatives of the following: the comptroller general of the United States; the Attorney General of the United States; the Secretary of the Department of Education; or Michigan Department of Education. In connection with determining eligibility or extent of financial aid, or to enforce terms or conditions if necessary. To appropriate parties in connection with a health or safety emergency. To comply with judicial order or lawfully issued subpoena. The District shall make a reasonable effort to notify the parent/guardian or eligible student of the order or subpoena in advance of compliance.

45 6800 Student Records (Continued) B. External to the Agency: (continued) To organizations conducting studies for or on behalf of educational agencies for the purposes of developing, validating, or administering predictive tests or improving instruction. Such organizations shall include federal, state or local agencies and independent organizations. Requests from such organizations shall assure that the studies are conducted in such a manner as to prevent the personal identification of students and their parent/guardian by individuals other than representatives of these organizations and that information shall be destroyed when no longer needed in the conduct of the study. C. Third Party Disclosures The District shall require a written assurance from any third party to whom information from a student's educational record is disclosed that the third party will not disclose that information without the written consent of the eligible students, or of the parent/guardian. D. Record Keeping The District shall maintain a record of all disclosures requested with the exception of the parent/guardian, eligible student and assigned instructional staff. All others with written consent will be required to sign the log sheet contained within the student s folder prior to access. LEGAL REF: Family Educational Rights and Privacy Act (PL ); MCL, Bulletin No. 522, Revised Schedule For the Retention and Disposal of Public School Records Approved: October 1992 Revised: September 2004

46 6800-AP Student Records 6800-AP1 A. Definitions 1. "Educational records" means those records that are directly related to a student and are maintained by the District or a party acting for the District. Such records are usually personally identifiable and may include central registry and/or supplemental records necessary to the provision of education. 2. "Parent" means the mother, father or legally designated guardian of the student, or an individual acting as a parent in the absence of a parent/guardian. 3. "Eligible student" means a student 18 years of age or older who does not have a court-appointed legal guardian. B. Access to Educational Records by Eligible Student or Parent/Guardian 1. A request to examine student records shall be in writing and identify the records they wish to examine. 2. Such a request shall be honored within a reasonable period of time, but in no case more than 45 days. 3. A request for records to be used at an IEPT meeting, a hearing, or an appeal shall be honored immediately. 4. The Director of Special Education or Designee will arrange for the requested records to be examined during regular office hours at a mutually agreed upon time, or at other times by special arrangement. 5. Records may be examined only in the presence of the Director of Special Education or Designee. 6. The Director of Special Education or Designee shall respond to reasonable requests for explanations and interpretations of the records to the eligible student or parent/guardian. 7. The eligible student or the parent/guardian shall have the right to request amendment to the contents of the student's record as subsequently provided in these procedures. 8. An eligible student or the parent/guardian shall be provided copies of information in the student record if requested. 9. The District shall charge its regular fees for making copies of educational records for an eligible student or parent/guardian. 10. No eligible student or parent/guardian shall be deprived of access to records as a result of such fees if they are financially unable to pay.

47 6800-AP Student Records (continued) 6800-AP2 11. When a record contains information about students other than a parent/ guardian s eligible student, the parent/guardian or eligible student may inspect and review or be informed of only the specific information about their student. C. Access to Educational Records by Other Than Parent/Guardian or Eligible Student 1. A request to examine student records shall be in writing upon forms provided by the District. (See 6800-AP9: Release of Confidential Information and Records) 2. The request shall clearly state the specific records desired. 3. The request shall state whether the records are to be examined in the District offices or are to be sent to the person or agency making the request. 4. The request shall state the interest that the person or agency making the request has in examining the records. 5. The request shall include a statement to the effect that the records will not be divulged to any other party without the consent of the student or parent/guardian. D. Access to Educational Records by a Teacher or Other School Official 1. Teachers who have primary responsibility for a student or who work with a student on a regularly scheduled basis in the classroom or in a non-classroom service shall have access to the student's records without making a formal written request. 2. A log sheet shall be kept in each student's folder upon which shall be recorded requests by other professional staff persons within the District. 3. Such log sheets shall be headed by the statement, "Each person signing below agrees that the person will not divulge the contents of the records herein to any other person or agency without the written consent of the eligible student (18 years of age or older) or of the parent/guardian." 4. The log shall provide for: (See 6800-AP10: Record of Inspection) a. date records were examined, b. signature and title of the person examining the records, and c. the reason for inspection of the records. E. Procedures for Transferring Records to Another School to Which Student Seeks or Intends to Enroll 1. Requests for records from another school to which a student seeks or intends to enroll shall be in writing from an official of that school or District or from the parent/ guardian or eligible student.

48 6800-AP Student Records (continued) 6800-AP3 2. The request and the date record was transferred shall be placed on file. 3. If requested, a copy of the educational records transferred will be provided to the parent/guardian and/or eligible student, along with an opportunity to amend the record if they consider it to be inaccurate, misleading or inappropriate. 4. Requested records may be sent without written consent of the eligible student or the parent/guardian. 5. Special Education Registry records shall be transferred to the new District upon the written request of the District or intermediate school District of residency or the parent/guardian of the individual with a disability for whom the records are maintained. F. Procedures for Obtaining Incoming Student Records Within-the-County (See 6800-AP11: Incoming Students Records Within the County) A MCESA administrator will attend the IEP to determine the Least Restrictive Environment (LRE). In cases where the LRE is a MCESA program, the local District representative will have signed verifying release of the entire student record. This will occur prior to the MCESA signing for the role of the operating District. Out-of-County If a student who has a current IEP or MET enrolls in a local school District and a MCESA program is recommended, the local district will: 1. Contact the MCESA Director of Special Education. 2. Participate with MCESA to obtain and review the records and prior placement of the student. If the MCESA program is deemed appropriate, MCESA will do one of the following: 1. With the parent/guardian consent, will implement the student s current individualized education program which was developed in the previous district. 2. With the parent/guardian consent, will place the student in an appropriate program or service and convene an individualized education program team meeting within 30 school days to develop an individualized education program.

49 6800-AP Student Records (continued) 6800-AP4 3. If the parent/guardian does not provide consent for placement, then the school district will implement the student s current individualized education program to the extent possible and an individualized education program team meeting shall be convened to develop a new individualized education program as soon as possible, but not later than 30 days. G. Procedures for Amending of Student's Records If a parent/guardian or eligible student finds an item of a student's record that seems inaccurate, misleading, or violates the student's privacy rights, he or she should immediately: 1. Make an oral request to the Director of Special Education or Designee specifying the item believed to be incorrect. 2. The Director of Special Education or Designee will either, (a) correct the item if the error is obvious, or (b) direct the parent/guardian or eligible student to initiate a written request for amendment on a form provided by the District. 3. Within two weeks of receipt of the written request, the parent/guardian or eligible student will be notified in writing that the school District either, (a) grants the amendment and invites the parent/guardian or eligible student to review the amended record, or (b) does not grant the amendment and informs the parent/guardian or eligible student of their right to a due process hearing. 4. The parent/guardian or eligible student shall advise the District of their decision to request a hearing. 5. Within one week of receipt of a request for a hearing, the Superintendent will contact the parent/guardian or eligible student, to determine a mutually agreeable time and place for the requested hearing. When assigned, the name of the designated hearing officer will be given to the parent/guardian of the student. 6. The hearing will be conducted by a hearing officer, who is a disinterested third party. The hearing officer will submit a written report within one week of the hearing identifying the evidence presented and the reasons for the decision to amend or not to amend the record. 7. The parent/guardian or eligible student will be given a full and fair opportunity to present evidence at the hearing relevant to the issues raised. The parent/guardian or eligible student at the hearing may be assisted by other individuals, including legal counsel, at their own expense. 8. If the challenged records are found to be accurate, (not misleading or not in violation of the student s privacy rights), then the parent/guardian or eligible student will be notified of theright to include a statement in the record commenting on the challenged information or why he or she disagrees with the decision.

50 6800-AP Student Records (continued) 6800-AP5 9. If the records are found to be incorrect, they shall be amended and the parent/ guardian or eligible student shall be so notified in writing by the Director of Special Education or Designee. 9. Educational records shall not be disposed of or destroyed if there is an outstanding request to inspect, review, or amend them. (See 6800-AP6: Retention and Disposal of Student Records) H. Access to the MCESA District Special Education Registry 1. Information in the District's Special Education Registry will not be released to any persons other than those designated in this procedure. 2. Any constituent school district will have access only to that information pertaining to students who are residents of the District or are enrolled in programs operated by the District. 3. A constituent district Superintendent is the only school official with authority to request information printouts from the registry. The constituent District Superintendent may specifically designate, in writing, other school officials from their District to be given access to the specific information requested. This written designation will be filed at the MCESA office. 4. The Parent/Guardian or the eligible student have a right to: a. Review the information on their individual student (or self) which is contained in the District's registry. They may request release of information on their student (or self) to other persons or agencies. b. Such information will be released in the following manner: 1. A request, in writing, must be made to the District or constituent district Superintendent. 2. The District or constituent district Superintendent or his designee will then obtain a printout for the individual student and forward it to the person or agency designated on the request. 5. The District will have full access to the complete registry under the same conditions as specified for the constituent Districts. I. Notice of Rights to Confidentiality of Educational Records Notice of Rights to confidentiality of educational records shall be given to the parent/ guardian or eligible student annually. The District has compiled records on students for use in the

51 6800-AP Student Records (continued) 6800-AP6 provision of appropriate education programs and services. Federal and state legislation provide certain rights regarding the confidentiality of these records. These rights include the following: 1. The right to access educational records, which include the right to inspect and to review them, to request explanation or interpretation of portions not fully understood, and to request copies or portions thereof. 2. The right to request amendment to records if it is felt records or portions thereof are inaccurate, misleading, or violate student privacy rights. 3. The right to consent to disclosure of educational records, except to the extent FERPA authorizes disclosure without consent. 3. Copies of the District policy on confidentiality may be obtained at the Midland County ESA, 3917 Jefferson Avenue, Midland, Michigan The right to file a complaint if it is felt that the District is not in compliance with the law may be sent to: The Family Educational Rights and Privacy Act Office, United States Department of Education, 400 Maryland Avenue, S.W., Washington, D.C Retention and Disposal of Student Records (See 6800-AP7 and 6800-AP8: Michigan Student Educational Records Retention Sschedule) The parent/guardian or eligible student will be informed that the District shall maintain, without time limitation, the student s name, address, phone number, grades, attendance records, classes attended, grade level(s) completed and years completed. All educational records shall be maintained while the student is enrolled in school. The parent/guardian or eligible student will be notified prior to the destruction of the student educational records. Records will be destroyed according to the State of Michigan student records retention schedule. The federal audit period is deemed to be 4 years after the end of the school year in which programs or services were terminated. The District may not destroy any educational records if there is an outstanding request to inspect and review them. LEGAL REF: Family Educational Rights and Privacy Act (PL ); MCL, Bulletin No. 522, Revised Schedule For the Retention and Disposal of Public School Records

52 6800-AP 6800-AP7 MICHIGAN STUDENT EDUCATIONAL RECORDS RETENTION SCHEDULE DESCRIPTION 1. STUDENT S LEGAL NAME/ANY OTHER NAME 99 years Last name and the maiden name of a married female, first name middle name and any appendage such as Jr., or III. 2. SEX 99 years 3. DATE OF BIRTH AND TYPE OF VERIFICATION 99 years 4. NAMES OF PARENT/GUARDIANS If the student is not residing with a parent/guardian, identify the 99 years responsible adult of domicile. If in a residential institution, the name of the superintendent and the institution should be entered under this heading. 5. COMPLETE ADDRESS OF RESIDENCE OF STUDENT 99 years 6. DATE OF ENTRY The day, month, and year the student first is present to receive instruction in a class, school, or school system. 7. DATE OF WITHDRAWAL RETENTION PERIOD LEA/ISD/ESA 99 years The date of withdrawal from membership is the first day after the 99 years date of last attendance as defined in student accounting rules and regulations. 8. REASON FOR WITHDRAWAL 99 years 9. NAME AND ADDRESS OF SCHOOL AND SCHOOL SYSTEM FROM WHICH INCOMING STUDENT 99 years TRANSFERRED 10. NAME AND ADDRESS OF SCHOOL AND SCHOOL 99 years SYSTEM TO WHICH STUDENT TRANSFERRED 11. SUBJECTS TAKEN WITH APPLICABLE MARKS 99 years 12. I.E.P.s 5 years 13. GENERAL EDUCATION DEVELOPMENT TEST RESULTS (GED) 99 years Retained where taken. Includes name, address, age, official test results, and name and address of location where taken. 14. COPY OF OFFER OF EMPLOYMENT AND WORK PERMIT WITH DEPARTMENT OF LABOR APPROVED DEVIATION 99 years IF ANY 15. WORK/SCHOOL TRAINING AGREEMENT/CONTRACTS 99 years

53 6800-AP 6800-AP8 16. IMMUNIZATION RECORD High School Graduation 17. PRESCHOOL VISION SCREENING TEST RECORD High School Graduation 18. PHYSICAL, HEALTH, SENSORY AND RELATED CONDITIONS High School Graduation 19. HONORS, AWARDS, ACHIEVEMENTS High School Graduation 20. POSTSCHOOL PLANNING AND ACTIVITIES High School Graduation 21. TEST RESULTS Projective and Nonprojective High School Graduation 22. SOCIAL DEVELOPMENTAL EVALUATIONS This would include data described in a social developmental evaluation report written by such school officials as social workers, psychologists, diagnosticians, or obtained from external agencies or private practitioners. 23. TEACHER RECORDS OF STUDENT EVALUATION 3 years This includes those records of a teacher used for determining the 3 years final grades or academic performance of students, commonly referred to as the teacher s grade book. 24. TEACHER ANECDOTAL RECORDS School District policy/procedures 25. DISCIPLINARY REPORTS School District policy/procedures 26. ATTENDANCE OFFICER FILES School District policy/procedures 27. RECORDS OF DISCLOSURE 1. The parties who have requested or obtained personally identifiable information from the educational records of the student, and 2. The legitimate interests these parties had in requesting or obtaining the information As long as the educational records of a student to which they relate are maintained by an educational agency. Legal Reference: Family Educational Rights and Privacy Act (PL ); MCL, Bulletin No. 522, Revised Schedule For the Retention and Disposal of Public School Records

54 6800-AP RELEASE OF CONFIDENTIAL INFORMATION AND RECORDS 6800-AP9 Midland County Educational Service Agency, Midland, Michigan Student Name: Date of Request for Information/Records: Birthdate: Age: District/School: PROVIDER Midland County Educational Service Agency is authorized to: send specified information and records to: exchange specified information and records with: receive specified information and records from: Name: School/Agency: Address: City: State: Zip Code: Telephone: Fax: PURPOSE The information and records are requested for the following purpose: Educational programming Other (Specify): REQUEST Initials Requested Information and Records Current CA-60: Most recent classroom performance and progress reports: Current IFSP/IEP/MET/Special Education Information: Most recent evaluation team and diagnostic findings: Physician s notes, order, summary and/or physical history: Ongoing two-way written and/or verbal communications: RECIPIENT We are requesting the indicated information and records be sent to: Name: School/Agency: Address: City: State: Zip Code: Telephone: Fax: CONSENT I hereby authorize the release of the initialed information to the recipient listed above. I understand that this authorization will expire one year from the date of my signature unless otherwise specified, and that this authorization may be withdrawn by me at any time without prejudice. Withdrawal of this authorization will not affect any information already released. Signature of Consent: Date: Signed by: Student (Must be at least 18 years, or have a Parent Legal Guardian court-appointed legal guardian) Signature of Witness: Date: RELEASE The requested information and records were sent to the recipient listed above by: Name: Sending Date:

55 6800-AP RECORD OF INSPECTION 6800-AP10 Each person signing below agrees that the person will not divulge the contents of the records herein to any other person or agency without the written consent of the student, eighteen (18) years of age or older or his/her court-appointed legal guardian, or of the parent or guardian if the student is under eighteen (18) years of age. DATE NAME AND TITLE OF AUTHORIZED PERSONNEL REASON FOR INSPECTION

56 6800-AP 6800-AP11 INCOMING STUDENT RECORDS CHECKLIST WITHIN THE COUNTY Name of Student: Birth Date/Grade: District Transferring From: Person Making Contact: Form of Contact: Date of Contact: Date Parent/Guardian Signed Release of Records: Classroom Program Transferred Into: Eligibility: Classroom Teacher: Hours in Special Education: Related Services Needed (OT, PT, SLP, etc.): Last IEP and MET Date: Next IEP Due Date: Resident District: IEP Held On: MCESA Staff in Attendance: Records Received at IEP By:

57 6800-AP 6800-AP12 1. is a resident of the School District. Student Name 2. Pursuant to the IEP dated, this student is to receive educational services and programming at the Midland County Educational Services Agency (MCESA). 3. To further the implementation of the student s IEP, the resident School District shall promptly provide the MCESA with a complete copy of all of the student s educational records. 4. Having reviewed the educational records for this student (including the student s CA-60, special educational records, and discipline records), I certify that, to the best of my knowledge, information, and belief: (check as applicable) Copies of all of the student s educational records have been provided to the MCESA. Copies of the student s educational records have been provided to the MCESA except: Identify records not provided Date Signature Position

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