Compulsory School Attendance 300-1

Transcription

1 Compulsory School Attendance 0-1 All qualified students in the, except those exempted by law, regulations or rules, must enroll in school and are required to attend school full time. A qualified student is a public school student who: A. meets the minimum age of attendance as established by laws, regulations, and rules of the State of New Mexico; B. has not graduated from high school, and C. is regularly enrolled in one-half (1/) or more of the minimum course requirements approved by the Public Education Department for public school students. Enforcement The Cobre Board of Education shall initiate the enforcement of the provisions of the Compulsory School Attendance Law for students enrolled in the schools of the district. To initiate enforcement of the provisions of the Compulsory School Attendance Law, the Board of Education or its authorized representative shall give written notice by certified mail or by personal service to the parent, legal guardian,* or one having custody of the person subject to the provisions of the Compulsory School Attendance Law. Any person continuing to violate the provisions of the Compulsory School Attendance Law, after receiving written notice as provided by this section shall be reported to the Children s Court Division of the district court and shall be considered to be a neglected child or a child in need of supervision and subject to the provisions of the Children s Code. Exemptions Any qualified student and any person who because of his/her age is eligible to become a qualified student shall be excused from remaining in school until attaining the age of majority is: A. the person is specifically exempted by law; B. the person has graduated from a high school; C. the person is at least eighteen (1) years of age and has been excused by the Board of Education or its authorized representative upon finding that the person will be employed in a gainful trade or occupation or engaged in an alternative form of education sufficient for the person s educational needs and the parent, legal guardian,* or other person having custody and control consents;

2 Compulsory School Attendance (continued) 0- D. with consent of the parent, legal guardian,* or person having custody and control of the person to be excused, the person is excused from the provisions of the Compulsory School Attendance Law by the Superintendent of Schools and such a person is under eight years of age, or E. the person is judged, based on standards and procedures adopted by the Public Education Department, to be unable to benefit from instruction because of a specific disabling condition. For a student being enrolled by a person other than that student's legal parent or guardian, the enrollment is temporary and contingent upon receipt of certified proof of court ordered guardianship or a properly executed, acknowledged and filed Power of Attorney Delegating Powers of Parent or Guardian. The properly executed, acknowledged and filed Power of Attorney Delegating Powers of Parent or Guardian should be returned to the site principal and/or his/her designee within thirty () days of the student's enrollment. Travel Alternate educationally rewarding experiences such as travel, when requested by the parent(s) may be designated as an excused absence if approved by the principal and the assigned schoolwork is completed within the agreed upon time frame. *Definition of Legal Guardian: Legal guardian means a person appointed or qualified by a court as a guardian of an individual who has the legal rights and duties of a parent except the right to consent to adoption or rights and duties that the court orders retained by a parent and who has authority to make all decisions related to the child. References: NMSA 1, Sections -1-1 to -1-, Section --, NMSA 1

3 Age of Attendance 1 Developmentally Disabled Pre-Kindergarten Children Eligible students at minimum must have their third birthday during the school year of enrollment. Kindergarten An early childhood education program shall be made available to every child who has attained his/her fifth birthday prior to 1:01 a.m. September 1 of the year of enrollment. An exception will be made for any child who comes to the district from another state having attended kindergarten in that state for not less than sixty (0) days and whose birthday falls on or before December of the year of enrollment. First Grade To be eligible for first grade the student must have attained his/her sixth birthday prior to 1:01 a.m. September 1 of the year of enrollment. An exception will be made for any child who comes to the district from another state having attended the first grade in that state for not less than sixty (0) days and whose birthday falls on or before December of the year of enrollment. After completion of the first grade, children who apply for initial admission to the Cobre Consolidated School District by transfer from non-public schools or from schools outside the district will be initially enrolled at the grade level they attained elsewhere pending evaluation by classroom teachers, guidance personnel, where available, and the school principal. After such evaluations have been completed the principal will determine the final grade placement of the student. Special Education The school district provides special education services additional to, supplementary with, or different from those provided in the regular school program by a systematic modification and adoption of instructional techniques, materials and equipment to meet the needs of exceptional children. No student shall receive special education who has already graduated, or completed a planned program of study, or attained the age of twenty-two () prior to the first day of that school year. References: NMSA 1, Sections -1-1 to -1-

4 Attendance by Non-Resident Students/ Open Enrollment -1 The Board of Education of the adopts the following policy concerning the admission of school-age persons who do not live within the school district pursuant to the terms of SB or the 1 New Mexico Legislature, also known as the Open Enrollment Act, amending NM Statute -1-, as amended by HB of the 000 New Mexico Legislature. The Open Enrollment Act requires that a free public school education be available to any school-age person who is a resident of New Mexico and who has not received a high school diploma or its equivalent. This policy does not apply to students who are not New Mexico residents. The Board of Education retains the discretion to determine whether the school district has sufficient accommodations to offer enrollment to students who are not residents of the. Attendance Area The attendance area of each school within the district shall be established by the Board of Education. Enrollment Priorities Any person entitled to a free public school education pursuant to the provisions of Section -1- NMSA 1 may enroll or re-enroll in a public school at any time and, unless required to attend school pursuant to the Compulsory School Attendance Law, may withdraw from a public school at any time. For students transferring from a home school or private school to the Cobre Consolidated School District the receiving school(s) shall provide that the grade level at which the transferring student is placed is appropriate to the age of the student or to the student's score on a student achievement test administered according to the statewide assessment and accountability system. In-state students shall be enrolled or re-enrolled in each of the district s schools according to the following: 1. First, persons residing within the attendance area of the school;. Second, students enrolled in a school ranked as a school that needs improvement or a school subject to corrective action;. Third, students who previously attended the school; and,

5 Attendance by Non-Resident Students/Open Enrollment (continued) -. Fourth, all other applicants for enrollment at the school, subject to the priorities as set forth in state statutes (-1--E through -1--G). Transportation Transportation shall be provided by the district for transportation-eligible students residing within the attendance area of the school they attend. Transportation of students residing outside the attendance area of the school which they attend shall be the responsibility of the parent/guardian or student; unless the student is admitted as a second priority category and is transferring from a school ranked as a school that needs improvement or a school subject to corrective action. Maximum Class Size The Superintendent shall determine the maximum allowable class size in the district by administrative regulation. 1. So long as maximum allowable class size established by the Superintendent or as permitted by law is not exceeded by the enrollment of first-priority and second-priority students the school shall continue to enroll students on the basis of the priorities established in this policy.. If the maximum allowable class size would be exceeded by enrollment of an applicant in the third through fourth priority category, each school shall establish a waiting list.. As classroom space becomes available in each school, students within the appropriate grade level shall be invited to enroll on the basis of (a.) the student s enrollment priority category, and then (b.) the order of the student s entry on the waiting list. Denial of Enrollment or of Re-enrollment Notwithstanding any other provision of this policy, enrollment or re-enrollment of a student to any Cobre District school may be denied by the principal of such school on the following grounds: 1. The student seeking enrollment or re-enrollment has been placed on longterm suspension or expelled from another school district in New Mexico or in any other state during the preceding twelve (1) month period; or

6 Attendance by Non-Resident Students/Open Enrollment (continued) -. The student s behavior in a school district in New Mexico or in another state during the preceding twelve (1) month period makes the student s enrollment or re-enrollment detrimental to the welfare or safety of other students or school personnel as determined by the Superintendent or his/her designee. Hearing and Appeal of Denial of Enrollment or of Re-enrollment A student or the student s parents or guardians may appeal a denial of enrollment or of re-enrollment pursuant to the above paragraph addressing the denial of enrollment or of re-enrollment, through the procedures established from long-term suspensions and expulsions of students, provided, that when the denial of enrollment or re-enrollment was based upon the student s prior expulsion from another New Mexico school district within the preceding twelve (1) month period. The admission of evidence of such expulsion shall shift the burden of proof to the student or parent(s)/guardian(s) to show that the student should be admitted despite such expulsion. In proceedings regarding denials under all other circumstances provided under the paragraph above, the burden of sustaining the denial shall remain with the school. References: NMSA 1, Sections -1-1 to -1- NMSA 1, Sections -1--E through -1--G

7 Attendance Areas Attendance zones shall be established by the Board of Education and all modifications or alternatives in zone boundaries shall be approved by the Board. The Superintendent of Schools shall make recommendations to the Board on the maintenance or alteration of established attendance zones. Actions to establish, modify, or alter attendance zone boundaries shall give priority consideration to the operational needs of the school system, demographic data, and the impact upon the educational program of the district. Any recommendation(s) for establishment or alteration of boundaries shall include an analysis and justification based on the factors. The Cobre Board of Education reserves the right to approve transfers from one school to another before the commencement of a school year if it is necessary to equalize the pupilteacher ratio and if it is in the best interest of the students involved.

8 Interzone Transfers Students may transfer to another school within the district other than the one in whose zone they reside only if the transfer will not cause the number of pupils in the classroom to exceed the number permitted by the state or by federal comparability regulations or whether reasonable accommodations can be provided by existing or established programs within that school or classroom. No transportation will be provided for transfer students. Transfer decisions may be delayed until after school has begun to ensure that transfers will not result in overcrowding. Transfer students may be required to move back to the school from which the transfer was made if: 1. the classroom the transfer student is attending becomes overloaded as defined by state standards;. the school the transfer student is attending becomes out of compliance with federal comparability standards; or. the transfer student becomes a behavior and/or attendance problem. All matters pertaining to approval criteria, the inter-zone approval schedule, length of placement, special considerations and appeals may be reviewed by the Superintendent or his/her designee. Students exempt from this policy are those requesting transfers due to previous enrollment in a school that needs improvement or is in corrective action, a school designated as "persistently dangerous" and/or the student has been a "victim of a violent criminal offense". References: NMSA 1, Section -1- The No Child Left Behind Act of 001

9 Student Attendance -1 The Cobre Board of Education recognizes that in addressing truancy, the goal is to keep students in school and not to suspend or expel any student for being truant. In accordance with the Compulsory School Attendance requirements the Cobre Board of Education adopts the following policy. Definitions: "Attendance" means students who are in class or in a school-approved activity. If a student is in attendance up to one half the total instructional time during a school day, the student will be counted as having attended one-half of a school day. If the student attends school for more than one-half of the total instructional time, the student will be counted as having attended for the full day. "Habitual truant" means a student who has accumulated the equivalent of ten () or more unexcused absences within a school year. "Truant" means a student who has accumulated five () unexcused absences within any twenty-day period. "Unexcused absence" means an absence from school or a class for which the student does not have an allowable excuse pursuant to the compulsory school attendance law or the policies of the Cobre Board of Education. Requirements: In accordance with the above definition of "attendance", class attendance will be taken and maintained by class period for every instructional day for each student in each school or school program within the Cobre School District. Furthermore, the Board of Education prohibits out-of-school suspension and/or expulsion as a punishment for truancy. All schools will utilize the following guidelines as set forth by the Cobre Board of Education to provide for early identification of students with unexcused absences, truants, and habitual truants. The District will provide for intervention that focuses on keeping truants in an educational setting. If a student is truant, the District shall contact the student's parent(s)/guardian(s) to inform them that the student is truant and to discuss possible interventions. A representative of the school district shall meet with the student and his or her parent(s)/guardian(s) to identify the causes for the student's truancy, identify what actions can be taken that might prevent the student's truancy, identify possible school district

10 Student Attendance (continued) - and/or community resources to address the causes for the student's truancy, and establish a corrective action plan to address the student's truancy. The corrective action plan must contain follow-up procedures to ensure that the causes for the student's truancy are being addressed. The notification to the student's parent(s)/guardian(s) and the meeting with the parent(s)/guardian(s) must be respectful and in a language and in a manner that is understandable to the student and the parent(s)/guardian(s). If the student is a habitual truant, the Cobre Board of Education shall give a written notice of the truancy by certified mail to or by personal service to the student's parent(s)/guardian(s). If there is another unexcused absence after delivery of this written notice, the student shall within seven () days of this unexcused absence be reported to the probation services office of the judicial district where the student resides. If the habitual truant is not referred to the children's court by the juvenile probation office for appropriate disposition, the District may contact the children's court attorney directly to determine what action will be taken. If a determination and finding has been made by the juvenile probation office that the habitual truancy may have been caused by the parent or guardian of the student, and no charges have been filed against the parent or guardian, the District may contact the district attorney's office to determine what action will be taken. A copy of this attendance policy shall be provided to the Public Education Department's truancy office as required by New Mexico statutes and regulations. The Public Education Department's truancy officer shall be permitted access to any records and information related to truancy in the. The Superintendent shall report student absences through the accountability data system as specified by the Public Education Department. References: NMSA 1-1- and NMAC

11 Student Attendance -1-P Enforcement: School attendance is vital for student success. Therefore, all absences in excess of (five) days per semester, (per class at the secondary level), may require written medical verification. The verification must be from a licensed medical provider and must include date(s) of absence(s) if the absence(s) is/are due to a health issue. Absences without medical verification will remain unexcused and will be referred to the JPPO as with other unexcused absences. Students who have long-term or excessive absences with medical verification(s) may be referred to the school site s Student Assistance Team, (SAT Team), in an effort to determine how best to assist the student. The school s medical personnel may evaluate the student to determine a school health plan for the student At all grade levels: Parents/legal guardians must notify the school of an absence within (twentyfour) hours. Parents must call, send a note, or appear in person to provide an explanation or documentation. Parents/legal guardians must notify the attendance office immediately of an extenuating circumstance requiring long term absence from school. A SAT meeting and intervention will be required. Students who have unexcused absences will not be allowed to make up class assignments that require class participation and will receive no credit for such assignments. In order to assist students in mastering course content, all assignments missed due to an absence must be made up within the same number of days as the student was absent. Credit for assignments missed due to unexcused absences will not be granted. Parents or guardians will receive notification when their child accumulates three () unexcused absences. Upon the th unexcused/unverified absence in a semester, the principal will schedule a meeting with the parents to discuss attendance concerns and notify them that a JPPO referral will result on the next unexcused/unverified absence. Upon the th unexcused/unverified absence, a referral will be made to JPPO, and the student may be required to attend a monthly Saturday School session from :00 am to 1:00 noon to make up missed instructional time. Saturday School

12 Student Attendance --P will be under the supervision of school staff which may include the principal, teacher, counselor, social worker, etc. Students failing to attend an assigned Saturday School will be referred to the Student Assistance Team (SAT). The SAT, in cooperation with the parents and through the school s RTI process, will develop a plan to address attendance concerns and will enter into a contract with the parents which defines progressive consequences for future absences which may include requiring parents to attend school with the student, make-up attendance time during lunch or after school, required attendance at Summer School, referral to CYFD for Educational Neglect, or other appropriate consequences. The Juvenile Probation and Parole Office (JPPO) will be notified after five (), seven (), and ten () unexcused absences. Students who are on Out of School Suspension (OSS) will receive unexcused absences. A parent or legal guardian must check-in students returning after OSS. Parents will be advised of the Attendance Policy on at least two separate occasions prior to, or within the first two weeks of the school year. The Cobre Board of Education supports and authorizes the schools to apply the following steps in addition to the required,, and -day letters in dealing with absences: Upon the nd unexcused/unverified absence, a courtesy letter may be sent to the parents advising them again of the attendance policy. Upon the rd unexcused/unverified absence, a meeting may be held and documented with the parents advising them of the attendance policy and consequences for future absences. After the th unexcused/unverified absence, parents may be required to attend a parenting class provided by the district at a designated time and place within the district. Parents failing to attend the parenting class may face additional consequences, including fines, etc. After the th absence, a certified letter will be sent along with a referral to JPPO. Such a referral could result in parents going to court.

13 Student Attendance --P Elementary Schools: Absence at the Elementary Level is defined as being absent for more than half of the instructional school day (full day absence) or less than half of the instructional school day (half-day absence). Secondary Schools: An absence at the Middle and High Schools is defined as being absent for more than % of the class period. Students with excessive absences at the High School may fail classes due to loss of instruction and/or participation, and may lose credit for those courses as a result. TARDIES After the fifth tardy a referral may be made to JPPO for a courtesy call. Three tardies will constitute an absence. References: NMSA -1-; NMSA -1- NMAC..; NMCA..

14 Extracurricular Activities Participation It is the policy of the to adhere to and comply with the policies, directives and procedures regarding participation in extracurricular activities as set forth in state statute, the New Mexico Activities Association regulations. Eligibility for participation by students in grades -1 is established by the following standards: A. The end of the 1 st grading period in th grade establishes the beginning of the scholarship requirements for an eighth grade student competing in interscholastic sports at the high school level. B. A ninth grade student who has not previously competed in interscholastic sports at the high school level may compete without reference to his/her immediate or pervious scholastic record in eighth grade, last grading period and/or semester, whichever is applicable. The end of the 1 st grading period in th grade established the beginning of the scholarship requirements for this student. C. A student shall have a grade point average of.0 or better on a.0 scale with no more than one (1) F for the previous grading period, or cumulatively. D. All class work counted for eligibility must be acceptable for graduation. E. The cumulative provision may be applied only at the beginning of a semester. Only semester grades can be used, and all semester grades starting with the th grade year must be utilized. (As cumulative grades start with the th grade year, the cumulative provision cannot be used for middle school/junior high students.) F. The cumulative provision may not be applied if a student has more than one F in the semester grading period immediately preceding participation. G. A student must be enrolled in more than half of the member school s regular class schedule and in regular attendance during the current as well as the previous grading period. No student shall be absent from school for school-sponsored extracurricular activities in excess of fifteen (1) days per semester, and no class may be missed in excess of fifteen (1) times per semester. These provisions apply to all extracurricular activities and may only be waived by the New Mexico Secretary of Public Education. References: NMSA 1, Sections New Mexico Activities Association Regulations and Guidelines

15 Intramural Participation Intramural participation by students in grades,, and may be denied should that student not meet the established grade criteria.

16 Removal of Students from School Sponsored Activities -1 The principal of a school may remove a student from a school-sponsored activity if the principal determines that the student has violated a provision of the student discipline policies, rules, and/or regulations or if the principal determines that such removal is in the best interest of the activity or in the best interest of the school as a whole. The principal also may remove a student from a specific position, such as officer, editor, or captain of an activity, without removing the student from the entire activity. The principal may remove a student pursuant to the preceding two () paragraphs, whether or not the student has been elected, appointed, or assigned to, or has volunteered for, the activity. Before removing a student from an activity or position as a result of the student's violation of the student discipline policies, rules, and/or regulations, the principal must comply with the notice-and-hearing provisions of those policies, rules, and/or regulations. Before removing a student from an activity or position for reasons other than a student's violation of the student discipline policies and/or regulations, the principal shall give written notice to the student. The notice shall include the reason or reasons for the removal and the date that the removal is to become effective. If the student disagrees with the principal's determination, the student may, within five () school days, request in writing a conference with the principal. The conference shall be held as soon as practicable after the principal receives the written request. At the conference, the student shall be given a full explanation of the reason or reasons for the action taken. The student shall be given an opportunity to present an explanation of the events relating to the action. If, after the conference, the principal determines that the decision to remove the student from the activity or position is correct, the removal shall become effective on the date indicated in the principal's notice. If, after the conference, the principal determines that action of a less severe nature than removal is warranted, the principal may impose the less severe action. If, after the conference, the principal determines that neither removal nor less severe action is warranted, the prior decision to remove the student shall be rescinded For purposes of this policy activity is defined as: Any school-sponsored endeavor, including athletic activities; or Any school-sponsored club; or

17 Removal of Students from School Sponsored Activities - Any school-sponsored organization such as yearbook, newspaper, student government, drama, music, honor society, or any other organization or class of a similar nature An activity includes activities as defined above, whether or not a student is receiving or may receive academic credit for the activity The principal's determination shall be the final administrative action to which a student is entitled References: --. NMSA (1), NMAC

18 Employment Certificates 0 Any student subject to the provisions of the Compulsory Attendance Law attaining the age of fourteen (1) may be excused from full time school attendance by issuance of a certificate of employment by the Superintendent of Schools. The certificate of employment shall only be issued upon satisfactory assurance to the Superintendent of Schools or authorized representative that the student will be definitely employed in a gainful trade or occupation. The certificate of employment shall contain the following information: A. The name, age and residence of the person excused from full-time school attendance; B. By whom the person is to be employed or is employed; C. The last grade attended by the student; D. A statement that the person is excused from full-time attendance until the certificate of employment is revoked, and E. The signature of parent or guardian. The same expectations relative to regular attendance, academic performance, and the pursuit of a program designed to help the student earn a high school diploma will apply to part-time students as apply to full-time students. References: NMSA 1, Section -1-

19 Next Step Plans 1 At the end of grades eight through eleven, each student shall prepare an interim next-step plan that sets forth the coursework for the grades remaining until high school graduation. Each year's plan shall explain any differences from previous interim next-step plans, shall be filed with the principal of the high school and shall be signed by the student, the student's parent or legal guardian, and the student's guidance counselor. Each student must complete a final next-step plan during the senior year and prior to graduation. The plan shall be filed with the principal of the high school, and shall be signed by the student, the student's parent or legal guardian, and the student's guidance counselor. The Superintendent of Schools shall ensure that each high school student has the opportunity to develop a next-step plan and is reasonably informed about: curricular and course options; opportunities available that lead to different post-high-school options; and alternative opportunities available if the student does not finish a planned curriculum. An Individualized Education Plan (IEP) that meets the requirements of this policy and all applicable transition and procedural requirements of the federal Individuals with Disabilities Education Act (IDEA) for a student with a disability shall satisfy the nextstep plan requirements for that student. See Policies:,, 0, 0 and 0 Reference: , NMSA 1 and 0 USCS 0 et.seq.

20 Assignment, Promotion and Retention Principals with the assistance of teachers shall determine all grade placements of students. Room assignments of pupils shall be made by the principal. The Board of Education acknowledges that the awarding of marks, retesting and decisions relative to promotion or retention of students is a responsibility of the student assistance team. It is the Board s policy to support its professional staff in this professional duty. The Board feels that the professional staff can be depended upon to make all such decisions in the best interests of children. However, the Board considers it important that parents be consulted and informed at an early date when retention is advisable. A student who fails to attain proficiency of content and performance standards shall be referred for placement in an alternative or remedial program designed by the school district. An academic improvement plan will be developed to outline a remedial course of action. Promotion and retention decisions affecting a student enrolled in special education shall be made in accordance with the provisions of the individual educational plan established for that student. Parental refusal to allow a student to be retained in grades K- must be in a written statement. In this case, the parent or guardian shall sign a waiver indicating his/her desire that the student be assigned to the next higher grade with an academic improvement plan designed to address specific academic deficiencies. Students failing to attain proficiency of content standards at the end of that year shall then be retained in the same grade for no more than one year in order to have additional time to master the required content standards. At the end of the eighth grade, a student who fails to attain proficiency shall be retained in the eighth grade for no more than one school year and the student assistance team shall develop a specific academic improvement plan that clearly delineates the student's academic deficiencies and prescribes a specific remediation plan to address those deficiencies. A student who fails to attain proficiency of content standards for two successive school years shall be referred to the student assistance team for placement in an alternative program designed by the District. References: NMSA 1, --.

21 Graduation Graduation from the Cobre Consolidated Schools signifies that students have satisfactorily completed the required course of study and the required number of credits established by the Board of Education and the State of New Mexico. The following number of credits is required for graduation from Cobre High School: Class of 01: * credits Class of 01: * credits All Subsequent Classes: * credits One of these credits may be earned through correspondence study from an institution approved or accredited by a regional accrediting association or by the Public Education Department of New Mexico. Transfer students shall receive credit for all course work completed with passing grades at private schools similarly approved or accredited. Appropriate adjustments in awarding credit will be made by Cobre High School to take into account the unusual nature of the school's course schedule. The high school staff and administration will make final decisions on credit to be awarded, if any, for home study or from course-work at non-accredited institutions. A senior student, who fulfills all course credit requirements but does not successfully pass the assessments required by the State of New Mexico, will receive a Certificate of Completion. A senior student, who fulfills all course credit requirements and successfully passes the assessments required by the State of New Mexico, will receive a Diploma of Excellence. Senior students receiving a Certificate of Completion or a Diploma of Excellence will be permitted to participate in graduation exercises. A senior student who does not receive a Certificate of Completion or Diploma of Excellence will not be permitted to participate in the graduation exercises. The Board expects that at the end of the fall semester each year, each high school will make every reasonable effort to notify senior students and their families if the senior student is in danger of failing to meet the requirements established for participating in the graduation exercises. *NOTE: NMPED requires only credits for graduation.

22 Graduation Requirements for Special Education Students The Individualized Education Program (IEP) team is responsible for determining whether students with disabilities and receiving special education services have completed a planned program of study making him/her eligible to receive a diploma or certificate. Upon completion of a planned program of study that meets the following requirements of NMAC...1., the student will be awarded a diploma: A standard program of study meeting or surpassing all requirements for graduation based on New Mexico Standards for Excellence with or without modification of delivery and assessment. A career readiness program of study based upon meeting the Public Education Department s Career Readiness Standards with Benchmarks as defined in the IEP. An ability program of study based upon IEP goals and objectives, referencing skill attainment at a student s ability level which may lead to meaningful employment. A student who receives special education services may be granted a certificate when: The IEP team provides documentation and justification for the use of a certificate for an individual student and a follow-up plan of action. A student who receives a certificate is eligible to continue receiving special education services until receipt of a diploma or until the end of the academic year in which the student turns (twenty-two). The receipt of a diploma terminates the service eligibility of students with special needs. References: NMAC...1.

23 Diplomas All diplomas awarded by the must be identical in appearance, content, and effect, except that symbols or notations may be added to individual student s diplomas to reflect official school honors or awards earned by students. References: NMAC...1.

24 Student Privacy 0 The shall notify parents if their child is to be included in any school-based survey and/or study. This notification shall include an option for the parent to have their child(ren) excluded. Parents will also be informed of their right to review all curriculum materials and survey instruments prior to them being used with their child(ren). In keeping with the No Child Left Behind Act, the District will also notify parents, on an annual basis, of the administration of health and physical screenings and afford parents the opportunity to exclude their child if they so desire. The Cobre Board of Education prohibits the release of student names, addresses or any other student identifiable information to businesses for commercial or other purposes unless the purpose is approved by the Superintendent and parents have given their permission in writing. This procedure is designed to meet the provisions of the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities in Education Act (IDEA). All personnel in the District are expected to fulfill the requirements of policy and the following procedures in order to protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages [ C.F.R. 0.1]. The Superintendent has the responsibility for ensuring the confidentiality of any personally identifiable information [ C.F.R. 0.1] All rights and protections given parents under the FERPA and this procedure transfer to the student upon reaching age eighteen (1) except where the student continues as a dependent under specified circumstances, or enrolling in a postsecondary school. The student then becomes an "eligible student" [ C.F.R.. and 0.]. Reference: The No Child Left Behind Act of 001, FERPA

25 Military Access to Students 1 All parents having students in grades -1 are to complete a form indicating permission or non-permission to give the student's name or any other identifiable information to military recruiters and if the parent does not return this form all requests by the military for this information will be honored. Schools are prohibited from excluding military recruiters from their campuses unless all prospective employers or post-secondary institutions are also excluded. Reference: The No Child Left Behind Act of 001

26 Student Records All schools within the shall maintain a cumulative record folder for each student. The cumulative record folder shall contain all permanent written records directly related to a student that are kept by the respective school unit, with the exceptions noted in policy. For a variety of reasons parents or guardians sometimes choose to have their children called other than their legal surnames. This is permissible but shall be done only when it has been ascertained that it is the request of the legal guardian. It shall be the policy of the Cobre District to recognize the wishes of the person having custody. However, for future verification and identification, the legal name shall also be included on any permanent records. See policies:,

27 Confidentiality of Student Records -1 The Cobre schools shall make every effort to comply with the Family Educational Rights and Privacy Act and to keep student records confidential. Classification and Maintenance of Records A. The schools shall maintain a cumulative folder for each student. The cumulative record folder shall contain all the written records directly related to a student that are kept by the school unit except: 1. records kept by teachers, counselors, or supervisory or administrative personnel that are in the sole possession of the maker and are not revealed to any other person except a substitute;. employment records of student employees if those records relate exclusively to the student in the capacity as an employee are not made available for any other use; and. records kept by a law enforcement unit of the school is they are maintained solely for law enforcement purposes, and are not disclosed to anyone other than law enforcement officials of the same jurisdiction, and if the law enforcement officers do not have access to the student s cumulative folder. B. The following types of records are kept in cumulative record folders: 1. Identification information, including name, sex, race, birthplace, and birth date. Family data. Medical health records and emergency medical information. Attendance records. Scholastic records. Standardized test scores. Records of interest, activities, and honors. Records of educational or vocational plans. Teacher evaluations if shared with anyone else. Counselor evaluations if shared with anyone else. Information pertaining to special services provided for students 1. Other educational records kept by individual school units 1. Disciplinary records

28 Confidentiality of Student Records (continued) - C. Cumulative record folders shall be kept in the office of the principal of the school that the student attends. If the student no longer attends a school within the district, the cumulative record folder shall be stored in a central location. D. The principal of each school is responsible for maintaining the cumulative record folders of students attending that school. E. Unnecessary and outdated material may be deleted from the student s record at any time except when a request for a review by a parent or student is pending. At a minimum, the student s records shall be reviewed for unnecessary and outdated information when the student completes elementary school, middle school, and high school. F. Original special education records are kept at the Special Education Office, and copies are maintained at the students' schools. Rights of Parents to Review and Inspect Records A. Those who have the right to inspect and review the cumulative record folder kept about the student include (1) parents of students who are under eighteen (1) years of age, () parents who claim students who are at least 1 as dependents under the Internal Revenue Code, and () students who are at least 1. B. It is presumed that parents of students who have not yet reached the age of who are currently attending school claim the student as a dependent for tax purposes. Any student (between the ages of 1 and at least 1 years of age attending a school within the district) who does not want the parents to have access to the cumulative folder must so inform the principal of the school where the records are kept and prove that the student is not a tax dependent of the parents. If a parent of a student (who is at least or who is at least 1 and no longer attending a school within the district) wishes to inspect and review the student s cumulative record, the parent must prove to the principal that the student is claimed as a dependent for federal income tax purposes. C. Parents or eligible students who wish to inspect and review the cumulative record folder shall submit a request in writing to the principal of the student s school. When the principal receives a written request for review of the records from a parent or student who has a right to inspect the records, the principal shall schedule the review. The appointment date should be as early as possible but never later than fifteen (1) days after the request. The inspection and review shall be made in the office of the principal or at another designated place.

29 Confidentiality of Student Records (continued) - D. A school official competent in interpreting student records shall be present to explain the implications of the records that are examined. E. Parents or eligible students who wish to inspect records and live within fifty (0) miles of the place where the records are kept must do so at the place designated by the school. After the inspection, they may request copies of the records they inspected. Parents or students who live farther than 0 miles from the place where the records are kept may request copies of the records without first inspecting them at the school or central office. The copies shall be sent by registered mail, return receipt requested. F. The Board of Education additionally grants to all students of any age the right to inspect the contents of the student s cumulative record folder, but only in the presence of a building administrator or counselor. Hearing to Correct Inaccuracies A. Parents of a student who has not yet reached the age of 1 and an eligible student have the right to challenge the content of records in the student s cumulative record. A parent or student who believes that information contained in the student s cumulative record folder is inaccurate or misleading or otherwise violates the student s rights may request, in writing, that the records be amended by the principal of the school where the records are kept. Not later than five () school days after receipt of a request to amend, the principal shall decide whether to amend the records in accordance with the request. If the principal finds that the challenge is not justified, the principal shall inform the person who made the request of the finding and shall also inform that person of the right to request, in writing, a hearing before the Superintendent of Schools or a designee. If a parent or eligible student requests a hearing, the hearing officer shall set a date for the hearing as soon as possible but not more than ten () school days after the request for the hearing was made and shall give the parent or the student at least two () school days advance written notice of where and when the hearing will be held. At the expense of the parent or student an attorney or anyone else of their choice may assist at the hearing. B. The hearing officer shall render a written decision as soon as possible and must make it within five () school days after the hearing. The decision shall be based only on evidence presented at the hearing and shall include a summary of this evidence and the reasons for the decisions. C. If the hearing officer decides that the information is not inaccurate or misleading or does not otherwise violate the student s rights, the parent or student shall be notified of that decision. At the same time, the parent or student shall be

30 Confidentiality of Student Records (continued) - informed of the right to submit to the principal of the school where the records are kept a statement of objection of reasonable length to the information contained in the records. Any explanation submitted by the parent or student shall be placed in the student s cumulative record folder, shall be disclosed by the school whenever the contested portion of the cumulative record is disclosed, and shall not be destroyed unless the contested portion of the cumulative record is destroyed. D. A parent or student who is dissatisfied with the decision of the hearing officer may appeal to the Board of Education within fifteen (1) days. The review shall be on the record and not a de novo hearing. Disclosure to Person Other Than Parents or Students A. Persons Authorized to Have Access. Schools within the district may, without the consent of either the student or the parent, disclose information kept in the student s cumulative record folder to the following persons: 1. School officials who have a legitimate educational interest in examining the information. The term school official includes any teacher, administrator, assigned student teacher, intern, teacher aide, or other professional employee of the district and members of the Board of Education. The principal of the school where the records are kept determines whether a school official is seeking the information to carry out official duty and whether the specific information sought will help in carrying out that duty.. Authorized representatives of the Comptroller General of the United States; the Secretary of the U. S. Department of Health and Welfare; the Secretary of the U. S. Office of Education; or officials of the New Mexico Public Education Department, if they seek the information in connection with either the audit and evaluation of state or federally funded programs or the enforcement of state or federal legal requirements that relate to these programs.. Accrediting organizations that seek the information to carry out their accrediting functions.. Persons or organizations conducting studies for or on behalf of the school administrative unit or another educational agency to develop or validate predictive tests, administer student aid programs, or improve instruction. Any report released on the basis of data collected under this paragraph may not include information that personally identifies students or their parents.